Terms of Service

01

Acceptance of Terms

By using any of the services provided by MacWorks 360, free or commercial, including the information found on this site, you agree to our terms of service as stated below.

If you use or request any of the commercial services provided by MacWorks 360, you must be over 18 years of age and legally able to enter business agreements. If acting on behalf of a corporate entity or group, you must be authorized to place work orders and initiate service calls that constitute an expense to your organization.

By placing a request for service, you agree to have read and understood the terms of service and associated costs.

MacWorks 360 reserves the right to revise and append these terms without notice. Changes apply to all services rendered from the time of change.

02

Description of Services

All materials and intellectual property produced by MacWorks 360 in the course of business or assigned research shall be and remain property of MacWorks 360. The services rendered to the client constitute a license of the use of materials, research, and work by MacWorks 360 for a specific entity of work, and not a transfer of ownership thereof. Unauthorized reuse, furnishing, or disclosure of the same to others is expressly forbidden.

03

Rates

Payment of the total charge shall be made in accordance within invoice terms, unless alternate credit terms have been extended by MacWorks 360. A late fee may be assessed for any payments not received within stated invoice terms. MacWorks 360 retains the right to change invoice terms in instances of multiple late payments. Notwithstanding the foregoing, MacWorks 360 shall have the right to suspend or terminate service without cause.

04

Disclaimer and Limitations

Any service rendered is without expressed and/or implied warranties. If not otherwise specified in writing, the due compensation for our work is independent of the success as perceived or realized by the customer. The services rendered by MacWorks 360 are provided on a best-effort basis. MacWorks 360 will not be held liable for accidental damage, loss of data, or consequential losses.

05

Compensation and Travel

MacWorks 360 offers professional services that are associated with a fee. The fees are computed based on the applicable hourly rate, if not otherwise specified, multiplied by the consulting time plus any expenses, or—if so specified—compensation for travel. Local sales tax may apply.

06

Indemnification

By utilizing any services of MacWorks 360, you agree to protect, indemnify, defend, pay on behalf of, save, and hold harmless MacWorks 360, any and all partners thereof, any and all related or affiliated companies, their respective employees, agents, and representatives, from and against any and all liability, claims, liens, fines, penalties, damages, losses, costs, expenses, together with reasonable attorneys’ fees, for or in connection with any accident, injury, loss, damage, dispute, or claim whatsoever, caused to any person or property, arising directly out of or related to your use of any software, hardware, and networking services provided by MacWorks 360 hereunder, or MacWorks 360’s use of the premises and your computer systems in the course of its performance hereunder, or MacWorks 360’s failure to perform pursuant to the terms and conditions of this contract, except in the case of MacWorks 360’s gross negligence or willful misconduct.

This indemnity shall include any claim made by or against any employee, agent, officer, director, representative, or licensee of your company or any claim based upon the relationship of the parties established hereunder.

07

Cancellations and Refunds

Refunds cannot be issued without exception. Follow-up and additional services free of charge will only be considered for clients in good standing and at the sole discretion of MacWorks 360 management. There is a 60-day cancellation policy for discontinuing monthly services.

08

Terms of Payment

MacWorks 360 accepts ACH, bank transfers, and checks.

We may extend the courtesy of credit to clients after a positive payment history is established. Payment is due upon receipt for hourly rate clients, unless specific credit terms are extended by MacWorks 360 to clients in good standing. No rights or entitlement for credit or work without compensation can be deducted from any past business or correspondence with MacWorks 360.

• A finance charge of 10% APR applies to all overdue balances after 15 days and will be applied at the discretion of MacWorks 360.
• There is a $30 fee for returned checks in addition to bank charges.
• Outstanding accounts may be closed and will accrue additional fees without notice.
• The minimum charge for service is one hour; additional time is billed in thirty-minute increments thereafter.

Complaints and disputes must be addressed solely with management and not with any employee, contractor, or agent of MacWorks 360. Our consultants are not authorized or obligated to negotiate on behalf of MacWorks 360.

09

Jurisdiction

These terms shall be governed by and construed in accordance with the laws of the State of New Jersey. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of the State of New Jersey.

10

Confidentiality

Any client information provided to MacWorks 360 will be kept confidential and will not be disclosed to any third parties without the client’s express consent, except as required by law.