Full Terms and Conditions for Sean Malloy | Professional IT Services
1. Introduction
Welcome to Sean Malloy | Professional IT Services. These Terms and Conditions outline the rules and regulations governing your access to and use of the services provided by Sean Malloy | Professional IT Services through seanmalloy.com.
Sean Malloy | Professional IT Services specializes in providing tailored, comprehensive IT solutions including consultation, technical support, cloud management, virtualization, website development, and customized documentation and resources. Our primary clientele consists of individual entrepreneurs and small businesses within the Greater Nashville, Tennessee area, seeking personalized, professional, and reliable IT services.
By using our website or engaging in our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. We encourage you to review these terms carefully. If you have any questions or require clarification, please contact us:
Website: seanmalloy.com
Email: contact@seanmalloy.com
Phone: (615) 852-8840
2. Definitions
To ensure clarity and understanding, the following definitions apply throughout these Terms and Conditions:
“Client,” “You,” or “Your” refers to any individual, entity, or organization receiving or using services from Sean Malloy | Professional IT Services.
“Sean Malloy | Professional IT Services,” “Consultant,” “I,” “We,” “Our,” or “Us” refers to Sean Malloy | Professional IT Services and any authorized representatives, subcontractors, or agents providing services on behalf of Sean Malloy | Professional IT Services.
“Services” encompasses all IT consultation, technical support, website development, cloud solutions, virtualization management, documentation services, resources, and troubleshooting offered or provided by Sean Malloy | Professional IT Services.
“À la Carte Options” refers to individually priced IT services or specific troubleshooting tasks that clients can purchase separately from ongoing subscription packages.
“Subscription Services” denotes monthly billed IT services provided continuously, cancellable at any time by either party according to defined terms.
“Flat-Rate Services” describes services provided at a fixed, one-time fee, payable in advance before service commencement.
3. Terms and Conditions: Scope of Services
Sean Malloy | Professional IT Services offers an extensive range of services designed to support, optimize, and secure the technological infrastructure of clients:
IT Consultation Services:
- Free 30-Minute Consultation: An initial, no-obligation consultation to briefly assess and discuss immediate IT concerns or goals.
- In-Depth Consultation Packages: Thorough reviews, strategic planning sessions, detailed technology assessments, and customized system integration plans designed specifically around the unique requirements and goals of each client.
IT Support Packages & Services:
- Individual Support: Dedicated packages for professionals requiring reliable device management, consistent system performance, proactive security measures, and personalized technical assistance.
- Small Business Support: Comprehensive packages designed specifically for small businesses, offering proactive management, preventative maintenance, secure IT systems, and responsive helpdesk support without the need for an in-house IT team.
Cloud & Virtualization Services:
- Basic Cloud Setup: Initial cloud environment configuration including user account setup, data storage management, basic security implementation, and user onboarding.
- Pro Cloud Management: Advanced management of cloud infrastructures, including VPN configurations, data redundancy and backups, robust security protocols, disaster recovery planning, and system performance optimization.
Website Development Services:
- Basic WordPress Package: Professional, responsive websites including domain registration, hosting setup, SSL certification, essential SEO, and standard web security.
- Pro WordPress Package: Advanced web development with e-commerce integration, enhanced SEO, performance optimization, and comprehensive security features.
One-Time IT Services:
- On-demand technical assistance, troubleshooting complex issues, device setups, data recovery, virtualization management, and security upgrades tailored to client needs.
IT Documentation & Resources:
- User guides, technical manuals, knowledge base articles, and custom IT documentation to streamline operations and enhance IT understanding.
À la Carte Options:
- Individually available IT services for specific needs such as troubleshooting, cloud deployments, network optimization, and targeted system enhancements.
4. Client Obligations
Clients agree to:
- Provide accurate, complete, and timely information to facilitate service delivery.
- Maintain independent data backups unless explicitly covered under a service agreement.
- Cooperate fully by responding to requests for information and approvals in a timely manner.
- Follow recommended security practices unless specifically managed by our team.
5. Payment Terms
- Payments are required upfront for all services, except the initial free consultation.
- Monthly subscriptions automatically renew until canceled by either party.
- Accepted payment methods include major credit cards, electronic transfers, or specified methods at the time of purchase.
- Late or declined payments may result in service suspension.
6. Refund and Cancellation Policy
- Refunds are only provided for unresolved À la Carte Troubleshooting services.
- All other services and subscriptions are non-refundable after initiation.
- Subscriptions can be canceled anytime without penalty.
- Clients who initiate cancellation must manage any ongoing third-party vendor subscriptions independently.
7. Intellectual Property
- All documentation, strategies, and configurations created by Sean Malloy | Professional IT Services remain our intellectual property unless explicitly transferred in writing.
- Clients are granted a non-exclusive, non-transferable license for internal use only.
- Redistribution, resale, or sharing with unauthorized third parties is strictly prohibited unless expressly permitted by Sean Malloy | Professional IT Services in writing.
- Any intellectual property or materials provided by the client for the purpose of delivering services will remain the sole property of the client. Sean Malloy | Professional IT Services claims no rights to any client-provided intellectual property.
8. Confidentiality and Data Protection
- Sean Malloy | Professional IT Services commits to maintaining the highest standards of confidentiality. Client data and business information shared during engagements will be protected in accordance with industry best practices and applicable data protection regulations (e.g., GDPR, HIPAA).
- Data provided for service delivery will be securely managed and handled only by authorized personnel.
- Clients retain full control over their own data, except when explicitly covered under a managed service agreement.
- Any data breaches identified will be promptly reported to the client, along with proposed remedial actions.
9. Limitations of Liability
- Sean Malloy | Professional IT Services shall not be held liable for indirect, incidental, consequential, or punitive damages, including data loss, business interruption, or loss of profits.
- Total liability is limited to the amount paid by the client for the specific service that directly caused the issue.
- Liability disclaimers apply to circumstances beyond our reasonable control, including client actions, third-party service failures, or force majeure events.
10. Warranty and Service Guarantees
- Services are provided on an “as-is” basis, with no implied warranties unless explicitly agreed in writing.
- While every effort is made to ensure reliable and efficient service delivery, Sean Malloy | Professional IT Services does not guarantee error-free operation or complete security at all times.
- Service guarantees will be clearly defined within individual contracts or service agreements.
11. Terms and Conditions – Third-Party Vendors and Costs
- Clients are responsible for managing third-party subscriptions after service termination, especially if termination is client-initiated.
- We do not assume responsibility for third-party service continuity or charges following client cancellation.
12. Force Majeure
- Sean Malloy | Professional IT Services will not be held liable for delays or failures caused by circumstances beyond our control, including natural disasters, cyber-attacks, power outages, or widespread technical disruptions.
- Services will resume as soon as the situation permits, with priority given to critical client operations.
13. Governing Law and Jurisdiction
- These Terms and Conditions are governed by the laws of the State of Tennessee.
- Any disputes will be resolved exclusively within the courts located in Nashville, Tennessee.
14. Modifications of Terms
- Sean Malloy | Professional IT Services reserves the right to update these terms as necessary to reflect changes in services or applicable laws.
- Clients will be notified of significant updates via email or through the website.
15. Termination
- Either party may terminate the service agreement with written notice. Upon termination, any outstanding fees must be paid immediately.
- Upon client-initiated termination, responsibility for managing or discontinuing third-party services remains solely with the client.
16. Dispute Resolution
- Initial attempts at dispute resolution will involve direct communication and mediation if necessary.
- Should mediation fail, disputes will be settled via binding arbitration in Nashville, TN.
- Arbitration fees will be shared equally between parties.
17. Acceptance of Terms
- By engaging in our services, you accept these Terms and Conditions. Continued use signifies ongoing acceptance of any updates communicated by Sean Malloy | Professional IT Services.
18. Terms and Conditions Additional Clauses
Emergency Services
- Emergencies include significant network outages, critical system failures, security breaches, hardware failures, loss of critical functionality, or any issues severely impacting client productivity or operations.
- Availability: 24/7 emergency support is available exclusively to clients subscribed to emergency response services. Non-subscribed clients may request emergency assistance but are subject to availability.
- Costs: Emergency response services outside standard operational hours incur premium rates, clearly defined during onboarding. Clients will receive an estimate before services commence. Emergency services include rapid troubleshooting, immediate resource deployment, and priority response above standard requests.
Fair Usage Policy
- To ensure equitable service delivery and maintain optimal performance, monthly support usage is monitored. Basic packages include up to 10 support tickets per month; Pro packages provide unlimited support requests subject to fair and reasonable usage.
- Fair use includes reasonable support requests consistent with typical usage patterns of comparable clients. Excessive, repetitive, or non-essential support requests may be subject to additional charges, temporary limitations, or recommendations for higher-tier service plans.
- Sean Malloy | Professional IT Services reserves the right to reassess or upgrade client subscriptions based on consistent exceeding of fair usage limits, following advance notice.
Service Level Agreement (SLA)
- Response Time: Standard support issues will receive acknowledgment and initial response within 4 business hours during regular business hours. Emergency requests from subscribed clients receive immediate acknowledgment, typically within 30 minutes.
- Resolution Timeline: Standard issues are typically resolved within 5-48 hours, depending on complexity and the necessity for third-party involvement. Detailed estimates are provided after issue diagnosis.
- Uptime Guarantee: Sean Malloy | Professional IT Services commits to a 99.9% uptime guarantee for hosted or directly managed services, excluding scheduled maintenance and unforeseen catastrophic events. Service credits or partial refunds are provided for sustained uptime breaches, reviewed case-by-case.
Client On-boarding and Off-boarding
- On-boarding: Comprehensive on-boarding services include an initial IT assessment, migration support, configuration and integration of client systems, training for key personnel, and customized documentation of all client IT assets and configurations.
- Off-boarding: Comprehensive off-boarding includes secure and timely transfer of client data, revocation of access and credentials provided to Sean Malloy | Professional IT Services, final documentation updates, and detailed guidance for client-managed continuity.
- Client Responsibility: Clients must actively participate, provide timely and accurate data, access, and feedback to facilitate smooth transitions during on-boarding/off-boarding.
Disclaimers
- Sean Malloy | Professional IT Services shall not be liable for any data loss, system downtime, service disruptions, or damages resulting from client actions, negligence, unauthorized changes, or issues caused by third-party vendors and service providers.
- Clients are solely responsible for regular and comprehensive data backups, implementing recommended security measures, and promptly addressing vulnerabilities identified during assessments.
Indemnification Clause
- Clients agree to fully indemnify and hold harmless Sean Malloy | Professional IT Services, its affiliates, contractors, and representatives against any and all claims, liabilities, costs, damages, or losses, including legal fees, arising from client actions, misuse of services, or breaches of contractual or third-party obligations.
Communication Policy
- Preferred channels include email, client portal tickets, and scheduled telephone or virtual meetings.
- Operational hours: Monday through Friday, 7 AM – 6 PM Central Time. Emergency service communication available 24/7 for eligible clients.
- Regular service updates, notifications, and significant communications will be conducted via email or the client portal, ensuring documented and traceable interactions.
Pricing Adjustments
- Sean Malloy | Professional IT Services may periodically review and adjust pricing or service offerings based on operational costs, market conditions, or service expansions.
- Clients will receive a minimum of 30 days’ written notice of any pricing or service structure changes, provided through email and/or the client portal.
Non-Solicitation Agreement
- During the term of engagement and for one year thereafter, clients agree not to directly or indirectly solicit, hire, or engage Sean Malloy | Professional IT Service’s employees, contractors, or affiliates independently of the consultancy arrangement.
- Violation of this clause may result in financial penalties or legal actions to recover damages incurred.
Feedback and Reviews
- Feedback and testimonials will be solicited from clients post-service delivery to enhance service quality.
- Client feedback may be utilized in promotional materials, including the company website, brochures, or digital marketing campaigns, only after obtaining explicit client consent.
Conflict of Interest
- Sean Malloy | Professional IT Services maintains strict standards for transparency and ethical practice. Potential conflicts arising from concurrent engagements with competitors or similar businesses will be promptly disclosed to affected parties.
- Client agreements include the right to request exclusivity under defined circumstances, potentially impacting the structure or pricing of service delivery.
Remote Access & Privacy
- Remote support sessions are conducted strictly with explicit client consent, utilizing secure, encrypted remote-access tools.
- Sean Malloy | Professional IT Services commits to rigorous confidentiality, security measures, and adherence to applicable privacy laws and standards, ensuring no data accessed during sessions is retained beyond necessary service provision.
Insurance
- Sean Malloy | Professional IT Services carries comprehensive professional liability insurance coverage to safeguard clients against claims related to errors, omissions, or negligence during service delivery. Proof of insurance and coverage details are available to clients upon written request.
Compliance and Regulatory Obligations
- Clients retain ultimate accountability and responsibility for compliance with applicable regulatory and legal frameworks, including but not limited to GDPR, HIPAA, PCI-DSS, and other relevant data protection or industry-specific regulations.
- Sean Malloy | Professional IT Services provides compliance-related advice, strategic guidance, and necessary documentation support, but does not assume primary responsibility or liability for client compliance adherence.