These Master Terms and Conditions (“Terms”) govern technology services provided by Duarte Tech Solutions, LLC (“Duarte Tech Solutions,” “Company,” “we,” “us,” or “our”) to customers and clients (“Client,” “you,” or “your”).
By requesting, scheduling, authorizing, or receiving services from Duarte Tech Solutions, you agree to these Terms.
Specific services may also be governed by a Client Service Agreement & Authorization Form, estimate, proposal, recurring service agreement, invoice, or other written agreement. If a specific written agreement conflicts with these Terms, the specific written agreement will control with respect to that service to the extent of the conflict.
Nothing in these Terms is intended to limit any consumer right or remedy that cannot legally be waived.
1. Scope of Services
Duarte Tech Solutions provides technology support for individuals, households, and small businesses.
Services may include computer repair and troubleshooting; hardware upgrades and performance tune-ups; Wi-Fi and network setup; computers, smartphones, tablets, printers, and other device support; malware removal and security guidance; data backup and recovery assistance; smart-home and connected-device support; email and account assistance; software setup and configuration; remote and phone support; AI setup, training, and guidance; small-business technology support; general IT consulting; and recurring support arrangements.
Services offered may change over time and may vary based on location, availability, equipment, technical requirements, and the nature of the requested work.
Specific work to be performed will normally be described in an estimate, service agreement, authorization, proposal, invoice, or other communication before work begins.
2. Client Authorization and Ownership
By requesting services, you represent that you own, control, or have lawful authority to authorize work on any device, account, network, system, software, files, or other technology involved in the requested service.
If you are requesting service on behalf of a business or another individual, you represent that you have appropriate authorization to do so.
You authorize Duarte Tech Solutions to perform reasonable diagnostic, troubleshooting, configuration, repair, installation, update, restart, testing, and other technical actions necessary to perform the agreed service.
We may refuse or discontinue work if ownership or authorization cannot reasonably be established.
3. Estimates, Pricing, and Changes in Scope
Pricing may depend on the service requested, complexity, location, time required, parts, equipment, third-party costs, and other factors.
Rates, minimum charges, travel charges, deposits, and other applicable costs will be disclosed through an estimate, service agreement, invoice, proposal, or other communication as appropriate.
An estimate is based on information reasonably available before or during diagnosis and is not a guarantee of the final cost.
Technology problems sometimes reveal additional issues after troubleshooting or disassembly begins. If additional work would materially change the expected scope or price, Duarte Tech Solutions will generally seek Client approval before proceeding when reasonably practical.
Diagnostic or minimum service charges may still apply even when a problem cannot be repaired or when the Client chooses not to proceed with recommended work, provided such charges were disclosed beforehand.
4. Payment Terms
Unless otherwise agreed in writing, payment is due upon completion of the applicable service or according to the terms shown on the applicable invoice or agreement.
Applicable taxes, parts, equipment, software licenses, subscriptions, shipping charges, third-party fees, or other costs may be charged separately when disclosed or approved.
Late fees or interest may be assessed only when disclosed and permitted by applicable law.
Duarte Tech Solutions may suspend or decline additional services for accounts with overdue balances.
Deposits, special-order parts, equipment purchases, and other advance payments may be subject to separate cancellation or refund terms disclosed before purchase.
5. Appointments, Cancellations, and Rescheduling
Clients should provide at least 24 hours' notice when canceling or rescheduling a scheduled appointment whenever reasonably possible.
A cancellation, missed-appointment, or minimum service charge may apply when disclosed in the applicable service agreement, estimate, booking confirmation, or other communication.
Duarte Tech Solutions may need to reschedule service because of weather, illness, safety concerns, emergencies, travel conditions, equipment availability, or other circumstances.
Any cancellation rights required by applicable consumer law remain unaffected by this section.
6. Remote and Phone Support
Some services may be provided remotely or by telephone when appropriate.
When remote access is used, you authorize Duarte Tech Solutions to connect to and interact with the applicable device or system for the purpose of performing the requested service.
Remote support may involve diagnostic tools, screen sharing, file transfers, configuration changes, software installation, system restarts, or similar actions reasonably related to the service.
Some problems cannot be safely or effectively resolved remotely and may require on-site service or another solution.
Remote access does not guarantee that a problem can be diagnosed or resolved.
7. Passwords, Accounts, and Credentials
Clients should avoid sending passwords, payment information, authentication codes, recovery keys, or other sensitive credentials through the public website contact form, ordinary text messages, or other insecure channels.
Whenever practical, Clients should enter passwords or authentication codes themselves.
Temporary credentials may be requested or recommended when ongoing technical access is necessary.
The Client remains responsible for maintaining control of accounts, changing temporary credentials when appropriate, maintaining recovery methods, and complying with the terms and security requirements of account providers.
Account recovery is ultimately controlled by the applicable provider, and Duarte Tech Solutions cannot guarantee that an account can be recovered.
8. Data Backup, Data Loss, and Recovery
Clients are strongly encouraged to maintain current backups before any repair, upgrade, troubleshooting, operating-system work, data transfer, malware removal, or other technical service unless creation or restoration of a backup is specifically part of the requested service.
Technology work inherently carries some risk of data loss, corruption, hardware failure, configuration loss, or unexpected system behavior, particularly when equipment or storage media is already damaged or failing.
Duarte Tech Solutions will use reasonable care when working with Client data but cannot guarantee that data will be preserved.
Data recovery is inherently uncertain. The ability to recover files depends on the condition of the device, storage media, encryption, backups, previous damage, overwriting, and other technical factors. No particular amount of data or successful recovery result is guaranteed.
Attempting to access damaged or failing storage media may, in some circumstances, worsen its condition. When specialized recovery services are appropriate, Duarte Tech Solutions may recommend a third-party provider.
9. Cybersecurity and Malware Services
Security-related services are intended to identify problems, improve security practices, remove known threats when possible, and reduce risk.
No computer, network, online account, security product, antivirus product, firewall, backup system, or security configuration can be guaranteed to prevent every compromise, malware infection, phishing attempt, ransomware incident, data breach, or other security event.
A security review or malware-removal service does not constitute a guarantee that a system is completely free of malicious software or vulnerabilities, nor does it guarantee protection against future threats.
Clients remain responsible for maintaining appropriate passwords, multifactor authentication, software updates, backups, security controls, and other protections after service is completed.
10. AI Setup, Training, and Guidance
Duarte Tech Solutions may provide practical assistance with artificial intelligence tools and services, including tool selection, account and application setup, prompt development, workflow ideas, training, privacy and security considerations, and general responsible-use guidance.
AI systems may generate inaccurate, incomplete, outdated, misleading, biased, inappropriate, or otherwise unreliable information. Duarte Tech Solutions does not guarantee the accuracy, quality, availability, legality, or suitability of output generated by any AI system.
Clients are responsible for reviewing and validating AI-generated information before relying on it, publishing it, providing it to others, or using it to make important decisions.
Unless specifically agreed in writing, AI services do not include custom AI model development, enterprise AI deployment, regulatory compliance certification, or guarantees regarding productivity, financial savings, business performance, or other outcomes.
Duarte Tech Solutions does not provide legal, medical, financial, tax, accounting, investment, employment, regulatory, or other licensed professional advice through its AI services. Clients should consult an appropriately qualified professional when those matters are involved.
AI products are operated by third-party providers whose models, features, pricing, availability, security practices, privacy practices, and terms may change without notice. Duarte Tech Solutions is not responsible for changes, outages, errors, restrictions, or actions of those providers.
Clients should not provide confidential business information, trade secrets, protected health information, financial information, passwords, regulated data, or other sensitive information to an AI provider unless they have determined that doing so is appropriate and authorized.
Business Clients remain responsible for determining whether use of an AI system complies with their own policies, contractual obligations, confidentiality duties, industry requirements, and applicable laws.
11. Software, Licensing, and Third-Party Services
The Client is responsible for possessing valid licenses, subscriptions, purchase rights, and authorization for software and services used on their systems.
Duarte Tech Solutions may install, configure, recommend, help purchase, or assist with third-party software and services.
Third-party products and services are governed by their providers' own licenses, warranties, privacy policies, terms, support policies, and service availability.
Duarte Tech Solutions does not control and is not responsible for third-party outages, discontinued products, account restrictions, licensing changes, price changes, software defects, vendor policies, data practices, or failures.
A recommendation of a product or provider does not constitute a guarantee or warranty regarding that third party.
12. Hardware, Parts, and Equipment
Hardware, replacement parts, accessories, and equipment may be purchased or installed as part of a service when agreed with the Client.
Availability, compatibility, shipping time, and manufacturer support are outside the complete control of Duarte Tech Solutions.
Manufacturer or vendor warranties are separate from any warranty covering Duarte Tech Solutions' own labor.
Returns, exchanges, restocking fees, and refunds for parts or equipment may be subject to the policies of the applicable manufacturer, distributor, retailer, or supplier, as well as applicable law.
Duarte Tech Solutions does not guarantee that older equipment will remain compatible with future operating systems, software, services, or accessories.
13. Recurring and Subscription Services
Some services may be offered on a recurring or subscription basis.
The applicable agreement will disclose the service provided, billing amount or method of determining the amount, billing frequency, renewal terms, and cancellation procedure.
A service will not automatically renew unless the applicable agreement or enrollment process clearly provides for automatic or continuing renewal.
Where required by applicable law, Duarte Tech Solutions will provide required renewal disclosures, notices, and reasonable cancellation methods.
Cancellation ends future service according to the applicable agreement but does not eliminate amounts already properly owed for services or products previously provided.
14. Client Responsibilities
Clients are responsible for providing accurate information about the problem and equipment; maintaining appropriate backups; providing safe and reasonable access to the service location and equipment; identifying known damage, unusual conditions, encryption, or previous repair attempts; maintaining necessary software licenses and account authorization; and following reasonable instructions related to the service.
Clients must not ask Duarte Tech Solutions to access systems, accounts, networks, devices, or data without lawful authorization.
Duarte Tech Solutions is not responsible for problems caused by inaccurate or incomplete information provided by the Client.
15. Pre-Existing Conditions and Unrelated Failures
Devices and systems may contain pre-existing defects, wear, damage, malware, corrupted data, failing storage devices, batteries, electrical problems, unsupported software, configuration problems, or other conditions that are not apparent before service begins.
Duarte Tech Solutions is not responsible for pre-existing conditions or unrelated failures that occur during or after service unless directly caused by our failure to exercise reasonable care.
16. Warranty and Disclaimer
Duarte Tech Solutions warrants that its own services will be performed in a professional and workmanlike manner.
Any additional written service warranty specifically provided for a particular job will control with respect to that service.
To the fullest extent permitted by applicable law, and except for warranties that cannot legally be excluded, no other warranty is made, express or implied, including warranties of merchantability, fitness for a particular purpose, uninterrupted operation, complete security, or guaranteed resolution of a technology problem.
Technology changes frequently, and a successful repair or configuration does not guarantee that unrelated or future problems will not occur.
17. Limitation of Liability
To the fullest extent permitted by applicable law, Duarte Tech Solutions will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from a service, including lost profits, lost revenue, business interruption, loss of use, or loss of data.
To the fullest extent permitted by applicable law, the Company's aggregate liability arising from a specific service will not exceed the amount paid to Duarte Tech Solutions for the specific service giving rise to the claim.
These limitations do not apply where liability cannot legally be limited or excluded and are not intended to limit liability for conduct for which applicable law prohibits limitation.
18. Refusal or Termination of Service
Duarte Tech Solutions reserves the right to decline or discontinue work when reasonably necessary, including when a request appears unlawful or unauthorized; conditions are unsafe; continuing work could cause unreasonable risk to data, equipment, property, or people; required access or cooperation is not provided; payment obligations are materially overdue; the requested work falls outside our capabilities; or a Client engages in threatening, abusive, fraudulent, or inappropriate conduct.
Clients will remain responsible for properly authorized work completed before termination of service.
19. Privacy
Duarte Tech Solutions takes reasonable measures to protect personal information handled during business operations and technology services.
Our collection and handling of personal information through our website and business operations is further described in the Duarte Tech Solutions Privacy Policy, which is incorporated into these Terms by reference where applicable.
Because technology services may involve access to Client devices and information, Clients should minimize sensitive information available during service when reasonably possible.
20. Changes to These Terms
Duarte Tech Solutions may update these Terms from time to time to reflect changes in services, business practices, technology, or applicable requirements.
The current version and effective date will be posted on our website.
Unless otherwise required by law or agreed by the parties, an update to these Terms will apply prospectively to services requested or authorized after the updated Terms become effective and will not retroactively alter a previously executed written agreement.
21. Governing Law and Consumer Rights
These Terms are generally governed by the laws of the State of Rhode Island, without regard to conflict-of-law principles.
Subject to rights or requirements that cannot legally be waived, disputes relating to these Terms or services provided by Duarte Tech Solutions will generally be brought in an appropriate court located in Rhode Island.
Duarte Tech Solutions serves customers in Rhode Island, Massachusetts, and other locations when available. Nothing in these Terms waives consumer protections, cancellation rights, venue rights, or other rights that applicable state or federal law does not permit a Client to waive.
22. Severability and Waiver
If a provision of these Terms is found unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.
Failure by Duarte Tech Solutions to enforce a provision on one occasion does not waive the right to enforce that provision in the future.
23. Entire Agreement
These Terms, together with any applicable Client Service Agreement & Authorization Form, proposal, estimate, recurring service agreement, invoice, written warranty, and Privacy Policy, constitute the agreement governing the applicable service.
Representations or promises not contained in those materials do not modify the agreement unless confirmed in writing by Duarte Tech Solutions.
24. Contact Information
Questions concerning these Terms may be directed to:
Duarte Tech Solutions, LLC
Lincoln, Rhode Island
Email: cduarte@duartetechsolutions.com
Phone: (401) 300-5131
Website: https://www.duartetechsolutions.com