Terms & Conditions

Agreement

By accessing theitsecurityguys.com (the "Site") or using any services provided by The IT Security Guys, LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms & Conditions ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not access or use our Site or services.

Modifications

We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting to the Site with a revised effective date. Your continued use of the Site or services after such posting constitutes acceptance of the updated Terms.

Eligibility

By accessing our Site or services, you represent that you are at least 18 years of age and have the legal authority to enter into these Terms on your own behalf or on behalf of your organization.

Description

The IT Security Guys provides managed IT services, cybersecurity solutions, compliance support, cloud management, and related professional services to business clients. The specific scope of services is governed by individual Master Services Agreements (MSA) and Statements of Work (SOW) executed between the Company and each client.

Service Changes

We reserve the right to modify, suspend, or discontinue any portion of our services at any time with reasonable notice. We are not liable for any modification, suspension, or discontinuation of services except as specifically provided in a signed MSA.

Professional Advice Disclaimer

Content on this Site is for general information purposes only and does not constitute professional IT, cybersecurity, legal, or financial advice. Engage us under a formal services agreement for tailored guidance.

Consent to Email

By submitting your email address through any form on our Site, requesting information, or initiating a service relationship, you consent to receive email communications from The IT Security Guys, including service-related messages and marketing communications where you have opted in.

Opt-Out

You may unsubscribe from marketing emails at any time by clicking the Unsubscribe link in any email or by writing to privacy@theitsecurityguys.com. Transactional and service-related emails may continue as necessary to maintain your service relationship.

CAN-SPAM

We comply with the CAN-SPAM Act. All marketing emails will include: (a) a legitimate and non-deceptive subject line, (b) a valid physical postal address, and (c) a clear and functioning opt-out mechanism honored within ten (10) business days.

Consent to Call

By providing a telephone number to The IT Security Guys through our website forms, service agreements, or any other means, you consent to be contacted at that number for service-related purposes, including support, account management, and follow-up communications.

Autodialed & Prerecorded Calls

To the extent we conduct marketing outreach using autodialed equipment or prerecorded/artificial voice messages, we will first obtain your prior express written consent as required by the Telephone Consumer Protection Act (TCPA). Such consent will be obtained separately and clearly at the point of data collection.

Do-Not-Call

We comply with the National Do Not Call Registry and applicable state DNC regulations. You may request to be added to our internal do-not-call list by calling (214) 919-5065, emailing privacy@theitsecurityguys.com, or informing any of our representatives verbally. We will honor such requests within 30 days.

Call Recording

Calls to or from The IT Security Guys may be recorded for quality assurance and training purposes. We will provide notice prior to or at the start of any recorded call as required by applicable law.

SMS Program Overview

The IT Security Guys operates recurring SMS/text message programs. By providing your mobile number and opting in through our website, forms, or other means, you consent to receive recurring automated text messages from us. Message types include: service alerts, appointment reminders, security notifications, promotional offers, and company news. Consent is not a condition of purchase.

Opt-In

You opt into our SMS program by: (a) checking the SMS consent checkbox on our contact or assessment forms, (b) texting a designated keyword to our short code or long code, or (c) otherwise providing express written consent. At the time of opt-in, we will confirm your enrollment and provide program details.

Message Frequency

Message frequency varies based on your relationship with us and your preferences. Recurring programs may send up to four (4) messages per month. Transactional messages (e.g., security alerts, appointment confirmations) may be sent as needed.

Message & Data Rates

Standard message and data rates may apply, as determined by your mobile carrier plan. The IT Security Guys is not responsible for charges incurred from your wireless carrier. Contact your carrier if you are unsure about your plan's messaging rates.

Opt-Out (STOP)

You may opt out of our SMS program at any time by replying STOP to any text message we send. Upon receipt of STOP, we will send one final confirmation message acknowledging your opt-out and will cease sending further messages. You may re-subscribe at any time by replying START or by opting in again through our website.

Help

For assistance with our SMS program, reply HELP to any text message or contact us at privacy@theitsecurityguys.com or (214) 919-5065. We will respond within one (1) business day.

TCPA Compliance

All SMS campaigns operated by The IT Security Guys comply with the Telephone Consumer Protection Act (TCPA), the CTIA Messaging Principles and Best Practices, applicable FCC regulations, and state-specific laws (including Texas Business & Commerce Code Chapter 507). We maintain records of all opt-in consents.

Supported Carriers

Our SMS programs support major US wireless carriers including AT&T, T-Mobile, Verizon, Boost Mobile, US Cellular, and others. Carrier support may vary; contact our team if you experience delivery issues.

No Liability for Carrier Delays

The IT Security Guys is not liable for delays or failures in message delivery due to conditions outside our control, including wireless carrier outages, network congestion, or changes in carrier systems.

Fees

Service fees are defined in your applicable MSA or SOW. All-inclusive service packages are billed at the flat rate specified in your agreement. Project work, out-of-scope items, and hardware purchases are billed separately per your executed SOW.

Payment Terms

Invoices are due within fifteen (15) days of issuance unless otherwise specified in your MSA. Late payments may incur a finance charge of 1.5% per month (18% annually) on the outstanding balance.

Disputes

Invoice disputes must be submitted in writing within ten (10) days of the invoice date. Undisputed portions of invoices remain due and payable. We will work in good faith to resolve billing disputes promptly.

Ownership

All content on the Site — including text, graphics, logos, images, and software — is the property of The IT Security Guys or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Site for your personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works from Site content without our prior written consent.

Trademarks

The IT Security Guys name, logo, and all related marks are trademarks of The IT Security Guys, LLC. You may not use our trademarks without prior written permission. All other trademarks referenced on the Site are property of their respective owners.

As-Is Basis

THE SITE AND GENERAL CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Managed Services

Warranties applicable to managed IT and cybersecurity services are governed exclusively by your MSA. Nothing on this Site creates or modifies any warranty in your service agreement.

Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IT SECURITY GUYS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY INFORMATION THEREON. OUR TOTAL LIABILITY FOR CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00), UNLESS OTHERWISE SPECIFIED IN A SEPARATELY EXECUTED SERVICE AGREEMENT.

Service Agreements

Liability caps and indemnification provisions applicable to managed services are governed by the terms of your executed MSA, which may differ from the limitations set forth here.

By Us

We reserve the right to terminate or suspend your access to the Site immediately, without notice, for any reason, including if we reasonably believe you have violated these Terms.

By You

You may terminate your use of the Site at any time by ceasing access. Service agreements are governed by termination provisions in your MSA.

Effect of Termination

Upon termination, all licenses and rights granted to you under these Terms will immediately cease. Provisions that by their nature should survive termination (including intellectual property, disclaimers, and limitation of liability) will survive.

Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles. The federal and state courts located in Collin County, Texas shall have exclusive jurisdiction over any disputes arising under these Terms.

Dispute Resolution

We encourage resolution through good-faith negotiation. If a dispute cannot be resolved informally within thirty (30) days, either party may pursue legal remedies in the courts specified above.

Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS-ACTION LAWSUITS OR CLASS-WIDE ARBITRATION AGAINST THE IT SECURITY GUYS.

Entire Agreement

These Terms, together with our Privacy Policy and any executed MSA or SOW, constitute the entire agreement between you and The IT Security Guys regarding your use of the Site and services, superseding all prior agreements.

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights without restriction.

Service Separation

Website development, website maintenance, WebOps, hosting oversight, and DevOps services may be sold under separate agreements, separate scopes of work, or separate pricing schedules from MSP services.

Scope Limit

Only the services expressly listed in a signed agreement, order form, or statement of work are included.

Third-Party Platforms

Hosting providers, domain registrars, DNS providers, CMS platforms, plugins, payment gateways, SaaS tools, APIs, and cloud providers are outside the company’s direct control.

No Guarantee

The company does not guarantee uninterrupted website availability, uninterrupted hosting availability, uninterrupted third-party services, search-engine rankings, conversion performance, revenue outcomes, or business outcomes.

Security

Monitoring, maintenance, and security hardening reduce risk but do not guarantee prevention of all downtime, vulnerabilities, exploits, incidents, or breaches.

Client Responsibility

Clients are responsible for timely approvals, lawful content, rights to submitted materials, vendor account ownership, and maintaining current payment status for third-party services.

Out of Scope

Requests outside the signed scope may require a separate quote, change order, or new agreement before work begins.

Compliance and Content

Clients are responsible for reviewing the legal compliance of their own content, product claims, regulated offerings, privacy notices, terms, and disclosures unless compliance review is expressly included in writing.