Kelser Corporation, a United States based Managed Service Provider (MSP), provides its services to you subject to the following Terms of Service (“TOS”). By using Kelser services, you agree to be bound by the following terms and conditions. If you do not agree to these terms and conditions, you should not use Kelser services.
Introduction
Purpose of the TOS: These TOS govern the use of Kelser services and any associated software, documentation, and support services (collectively, the “Services”).
Agreement to TOS: By using Kelser Services, you are agreeing to be bound by these TOS. If you do not agree to these TOS, you should not use Kelser Services.
Services Provided
Description of Services: Kelser provides a variety of services, including but not limited to, IT support, network management, software development, and data backup and recovery. The specific services provided to each client will be outlined in a separate agreement.
Limitations of Services: Kelser will make every effort to provide reliable and efficient services. However, we cannot guarantee that the Services will be uninterrupted or error-free. We will not be liable for any damages caused by interruptions or errors in the Services.
Payment and Fees
Payment Terms: Kelser requires payment in advance for all Services. Payment can be made by credit card, check, or wire transfer.
Fees: we charge a monthly fee for its Services. The specific fee for each client will be outlined in a separate agreement.
Refund Policy: Kelser does not offer refunds for its Services.
Data Security and Confidentiality
Data Security: Kelser takes the security of client data very seriously. Kelser uses industry standard security measures to protect client data, including firewalls, encryption, and secure servers.
Confidentiality Agreement: Kelser will not disclose any client data to third parties without the client’s express permission.
Service Level Agreement (SLA)
Service Level Guarantees: Kelser guarantees a certain level of service for its clients. The specific service level guarantees for each client will be outlined in a separate agreement.
Reporting and Resolving Service Issues: If a client experiences an issue with Kelser Services, the client should contact Kelser support team. Kelser will make every effort to resolve the issue in a timely manner.
Intellectual Property
Ownership of Intellectual Property: Any intellectual property related to Kelser Services remains the property of MSPL.
Restrictions on Use of Intellectual Property: Clients may not use any intellectual property related to Kelser Services for any purpose other than the specific purpose for which it was provided.
Termination and Cancellation
Conditions for Termination or Cancellation: Kelser may terminate or cancel a client’s Services at any time if the client breaches any of these TOS.
Procedures for Termination or Cancellation: If Kelser terminates or cancels a client’s Services, the client will be notified in writing.
Liability And Indemnification
Limitations of Liability: Kelser will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of Kelser Services.
Indemnification: You agree to indemnify, defend and hold Kelser, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these TOS.
Dispute Resolution
Agreement to Resolve Disputes Through Arbitration or Mediation: Any disputes arising out of or in connection with these TOS shall be resolved through arbitration or mediation, as mutually agreed by both parties.
Governing Law and Jurisdiction
Governing Law: These TOS shall be governed by and construed in accordance with the laws of Canada, without giving effect to any principles of conflicts of law.
Jurisdiction: Any disputes arising out of or in connection with these TOS shall be subject to the exclusive jurisdiction of the courts located in Netherland.
Miscellaneous
Entire Agreement: These TOS constitute the entire agreement between you and Kelser with respect to the use of Kelser Services.
Severability: If any provision of these TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
No Waiver: Kelser failure to enforce any right or provision in these TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Kelser in writing.
Force Majeure: Kelser shall not be liable for any delay or failure in performance of its obligations under these TOS, if such delay or failure is caused by a force majeure event, such as natural disaster, war, terrorism, strike, lockout, or governmental act.
Contact Information: If you have any questions or concerns about these TOS, please contact Kelser support team at info@email.com.