Terms of Service

MSPowerhouse provides business technology services, including IT consulting, Microsoft 365 services, cloud solutions, cybersecurity support, Power Platform development, data and reporting services, managed IT services, migrations, automation, and related professional services.

Specific services, pricing, deliverables, timelines, responsibilities, and payment terms may be governed by a separate proposal, statement of work, service agreement, order form, quote, or written agreement between MSPowerhouse and the client. If there is a conflict between these Terms and a signed agreement, the signed agreement will control for that specific engagement.

You may use our website only for lawful business or informational purposes. You agree not to:

• • Use the website for illegal, harmful, fraudulent, or abusive activity
• • Attempt to gain unauthorized access to our website, systems, accounts, or networks
• • Interfere with website performance, security, or availability
• • Copy, scrape, reproduce, or misuse website content without permission
• • Submit false, misleading, confidential, malicious, or unauthorized information
• • Upload viruses, malware, harmful code, or other disruptive materials

We reserve the right to restrict, suspend, or terminate access to our website or services if we believe these Terms have been violated or if such action is necessary to protect our business, systems, clients, or users.

MSPowerhouse works to provide professional, reliable, and high-quality services. However, technology projects depend on many factors outside our control, including third-party platforms, client environments, vendor systems, internet availability, licensing, permissions, user behavior, security posture, and changing business requirements.

Unless expressly stated in a signed agreement, we do not guarantee any specific outcome, business result, revenue increase, ranking, performance level, uptime, security result, cost savings, approval, compliance status, or project result.

Clients are responsible for providing accurate, complete, and timely information needed for MSPowerhouse to perform services. This may include access credentials, licensing details, system information, business requirements, approvals, documentation, stakeholder feedback, and access to relevant platforms or environments.

Clients are also responsible for:

• • Maintaining appropriate licenses and subscriptions
• • Backing up important data unless backup services are specifically included in a signed agreement
• • Reviewing and approving deliverables in a timely manner
• • Ensuring their own compliance with applicable laws, regulations, policies, and contractual obligations
• • Maintaining internal controls, user training, password hygiene, and security practices
• • Obtaining permission before providing us access to third-party systems or data

Delays caused by incomplete information, unavailable stakeholders, missing access, licensing issues, third-party delays, or changing requirements may affect timelines, pricing, or deliverables.

Our services may involve third-party products, platforms, or services, including Microsoft, Azure, Google, AWS, SharePoint, Power Platform, Dataverse, Power BI, security tools, hosting providers, CRM systems, payment processors, and other vendors.

MSPowerhouse is not responsible for outages, changes, pricing increases, licensing changes, service limitations, security incidents, data loss, policy changes, API changes, or discontinued features caused by third-party providers.

Use of third-party services may be subject to the third party's own terms, conditions, privacy policies, licensing rules, and service limits.

MSPowerhouse may provide cybersecurity-related consulting, configuration, monitoring, remediation, assessment, or support services. However, no security service, product, configuration, assessment, or recommendation can guarantee complete protection against cyberattacks, data breaches, phishing, ransomware, unauthorized access, malware, insider threats, or other security incidents.

Unless expressly stated in a signed agreement, MSPowerhouse does not guarantee that a client's systems will be completely secure, compliant, uninterrupted, error-free, or protected from all threats.

Clients remain responsible for maintaining proper internal security practices, access controls, backups, employee training, incident response procedures, cyber insurance, compliance obligations, and risk management practices.

Any proposal, estimate, quote, or statement of work provided by MSPowerhouse is based on the information available at the time it is prepared. Pricing, scope, deliverables, assumptions, and timelines may change if requirements change or if additional work is discovered.

Work outside the agreed scope may require a change order, revised estimate, additional approval, or separate agreement.

Payment terms will be stated in the applicable invoice, proposal, statement of work, service agreement, or written agreement.

Unless otherwise agreed in writing:

• • Fees are due according to the invoice terms
• • Late payments may result in delayed work, suspension of services, or additional fees
• • Client is responsible for taxes, third-party licensing costs, subscription fees, and vendor charges unless otherwise stated
• • Payments already made may be non-refundable for work performed, reserved time, project planning, licensing, subscriptions, or completed deliverables

MSPowerhouse reserves the right to pause work or withhold deliverables if invoices are overdue.

All content on our website, including text, graphics, branding, logos, designs, layouts, documents, service descriptions, images, and other materials, is owned by MSPowerhouse or used with permission and is protected by applicable intellectual property laws.

You may not copy, reproduce, modify, distribute, publish, sell, or misuse our website content without written permission.

For client projects, intellectual property ownership will be handled according to the applicable signed agreement, proposal, or statement of work. Unless otherwise agreed in writing, MSPowerhouse retains ownership of its pre-existing tools, templates, frameworks, methods, scripts, processes, know-how, reusable components, internal documentation, and general technical knowledge.

During service engagements, both MSPowerhouse and the client may have access to confidential or sensitive business information. Each party agrees to use reasonable care to protect confidential information and to use it only for the purpose of the business relationship.

Confidential information does not include information that is publicly available, already known, independently developed, or lawfully received from another source.

Additional confidentiality terms may be included in a separate agreement, statement of work, or nondisclosure agreement.

If a client grants MSPowerhouse access to systems, accounts, data, environments, or administrative portals, the client confirms that it has the authority to provide such access.

MSPowerhouse will use such access only to perform the requested services. The client is responsible for removing or modifying access when services end, unless offboarding support is specifically included in the engagement.

MSPowerhouse is not responsible for issues caused by unauthorized users, weak passwords, compromised client accounts, unmanaged devices, missing backups, unsupported systems, improper permissions, or client-side configuration changes made without our involvement.

Information on our website is provided for general business and informational purposes only. It should not be treated as legal, financial, tax, accounting, insurance, regulatory, or compliance advice.

You should consult qualified professionals for advice specific to your legal, financial, tax, insurance, regulatory, or compliance obligations.

To the maximum extent permitted by law, MSPowerhouse will not be liable for indirect, incidental, special, consequential, punitive, exemplary, or lost-profit damages, including damages related to lost revenue, lost data, business interruption, loss of goodwill, security incidents, third-party outages, system downtime, or lost business opportunities.

To the maximum extent permitted by law, MSPowerhouse's total liability for any claim related to the website, services, or these Terms will not exceed the amount paid by the client to MSPowerhouse for the specific service giving rise to the claim during the three months before the claim arose, or $500 if no paid services were involved.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply.

Our website and website content are provided on an "as is" and "as available" basis. MSPowerhouse makes no warranties or representations that the website will be uninterrupted, secure, error-free, accurate, complete, or free from harmful components.

To the maximum extent permitted by law, MSPowerhouse disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Any warranties related to specific client services must be expressly stated in a signed agreement.

You agree to defend, indemnify, and hold harmless MSPowerhouse, its owners, employees, contractors, partners, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney's fees, arising from: your use of our website or services, your violation of these Terms, information or materials you provide to us, your misuse of third-party platforms or services, your violation of any law, regulation, contract, or third-party right, or unauthorized access or permissions you provide to MSPowerhouse.

We may update, modify, suspend, or discontinue any part of our website at any time without notice. We are not responsible if the website or any content is unavailable at any time.

Service availability for paid client engagements will be governed by the applicable service agreement, proposal, statement of work, or support plan.

By submitting a form, requesting information, or contacting us, you authorize MSPowerhouse to contact you by email, phone, text message, or other business communication methods regarding your inquiry, services, proposals, meetings, and related business matters.

You may opt out of marketing communications at any time. Service-related communications may still be sent when necessary.

Using our website, submitting a form, downloading materials, or contacting us does not automatically create a client relationship, consulting relationship, managed services relationship, or professional obligation.

A client relationship is created only when MSPowerhouse accepts the engagement and the parties agree to applicable terms, pricing, and scope.

We may terminate or suspend access to our website or services if we believe a user has violated these Terms, failed to pay required fees, misused our systems, created security risk, or engaged in harmful conduct.

Termination of services does not relieve the client of payment obligations for services already performed, approved, scheduled, or incurred.

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles.

Any dispute arising from these Terms, our website, or our services will be handled in the courts located in Denver County, Colorado, unless otherwise required by law or agreed in a signed agreement.

We may update these Terms from time to time. When changes are made, we will update the "Effective Date" at the top of this page. Continued use of our website or services after changes are posted means you accept the updated Terms.