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These Terms of Service (“ToS”) govern your use of services provided by Elevate Technology, a division of Elevology, Inc. By engaging with our services, you agree to be bound by these Terms.

1. Agreement Hierarchy

If you have a signed Master Services Agreement (MSA) or Statement of Work (SOW) with Elevate Technology, those documents will take precedence over this ToS.

In the absence of a signed MSA or SOW, or in the case of a legacy engagement or delivery oversight, this ToS serves as the governing agreement.

Failure to enforce any provision of this ToS does not constitute a waiver of that provision.

2. Services Provided

Elevate Technology provides IT support, cybersecurity, VoIP, backup and recovery, cloud services, and project-based services.

Specifics are defined in your MSA or SOW.

If no signed SOW exists, services are rendered on a time-and-materials basis at prevailing hourly rates.

You are responsible for reimbursing any reasonable out-of-pocket expenses, including travel, meals, lodging, software, and third-party vendor costs.

3. Client Responsibilities

You agree to:

• Provide accurate and timely information.
• Maintain active licensing for all third-party software.
• Ensure secure access credentials and compliance with laws.
• Grant necessary access to personnel, systems, and facilities.

Delays on your part do not excuse payment obligations and may lead to service rescheduling or additional charges.

4. Payments and Billing

Invoices are issued monthly and are due within 30 days of the invoice date.

If payment is not received within 7 days of the due date, late fees apply:

• VoIP-related services: $35 or 6% of the overdue amount—whichever is greater.
• All other services: 6% of the overdue amount.

An additional $35 or 6%, whichever is greater, will accrue every 30 days until the balance is paid.

Services may be paused if payment is not received within 30 days of the due date. A reactivation fee equal to one month of service may apply.

All service fees are exclusive of applicable taxes. You are responsible for all applicable federal, state, and local taxes unless you provide a valid exemption certificate.

5. Support and SLAs

In the absence of an MSA or SOW, support is prioritized as follows:

Support must be submitted through our designated support channels.

No ticket, no service.

6. Call Recording and Communications

All calls made to or from Elevate Technology may be recorded for quality assurance, training, and compliance purposes.

We may also retain chat, email, and ticket communications for internal tracking, training, and compliance audits.

7. Acceptable Use Policy

You agree not to use our services for:

• Illegal activities
• Distributing malware, spam, or phishing
• Hosting content that is obscene or infringes third-party rights

Violations may result in immediate suspension or termination of service.

8. Third-Party Services

We use third-party vendors for software, backup, VoIP, email, and cloud services.

We are not liable for disruptions, breaches, or performance issues caused by these providers.

Vendors may be changed or updated without notice.

9. Limitation of Liability

Except for your payment and indemnification obligations:

Elevate Technology’s maximum liability is limited to the actual direct damages you incur, not to exceed the amount paid for the applicable service in the six (6) months before the claim arose.

We are not responsible for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruptions—even if advised of the possibility.

This limitation does not apply if damages were caused by our gross negligence or willful misconduct.

If your own misconduct contributed to the issue, our liability will be proportionally reduced.

10. Data Handling & Retention

Elevate Technology retains backup data, configurations, and access credentials only for 15 days following termination unless legally required to retain longer.

We are not responsible for data loss due to:

• Internet outages
• Local device failure
• Third-party service failure
• Accidental deletion
• Force majeure or cyberattacks

11. Service Termination and Offboarding

Either party may terminate services with 30 days’ written notice unless otherwise agreed in an MSA/SOW.

Clients initiating termination or transition may incur billable project charges for offboarding, data migration, or consultation.

Elevate reserves the right to withhold administrative credentials or documentation until all past due balances are settled.

Termination does not release you from paying for services already rendered.

12. Force Majeure

Neither party shall be held liable for delays or failures caused by circumstances beyond their control, including acts of God, labor strikes, terrorism, war, utility outages, cyberattacks, or third-party failures.

13. Dispute Resolution

All disputes arising under these Terms shall be resolved through binding arbitration in Fort Bend County, Texas, under the rules of the American Arbitration Association.

Each party shall bear its own legal costs unless determined otherwise by the arbitrator.

14. Governing Law

These Terms are governed by the laws of the State of Texas.

15. Updates to These Terms

These Terms may be updated at any time.

Changes will be posted at: https://elevatetechnology.com/terms-of-service

Continued use of our services implies your acceptance of the most recent version.

Contact Information

Elevate Technology

9337 Katy Fwy, Ste B #5203

Houston, TX 77024

https://elevatetechnology.com/support/submit-support-ticket

713-244-7744

Created: November 17, 2004 Last updated: May 21, 2025