Amarna Consulting LLC ŧm

Third Parties and Onsite Equipment

Amarna Consulting, LLC (hereafter referred to as ACL) is an Internet Service Company providing Online Consulting and Remote Service for Client Network Systems, Online Infrastructure, Online Web Service Hosting Account, etc. and does not perform onsite computer and physical accessory service, installation, or repair. Any reference to Computer “Equipment” or “Hardware” is due to the common integration of Software and/or Firmware in Computer Systems making each often, essentially inseparable, and therefore configuration of that onboard software/firmware constitutes service to that hardware equipment. This definition, however should not be construed to mean that ACL performs onsite service to Client physical equipment and/or computer hardware at Client Physical Location. Although ACL may on occasion, work with, guide, train, or provide consulting advice to the Client, Its Employees, or previously obligated, Third Party Proprietary Equipment, and Software Vendor Agents, ACL assumes no duty, responsibility, liability, or contracts on Client Physical Equipment, Hardware, or Onsite Facilities at any Client Location, or Client decisions to move forward with any size project, and subsequent actions of Third Party, and/or Vendor Installation, Support, or other technical staff, on any Online or Client Network software installations, upgrades, or repairs for the Client, without express written notification and/or agreement by ACL. ACL is not responsible for the actions of third parties on any Client projects, Network Systems, Online Infrastructure, Online Web Service Hosting Accounts, etc. or on any Client equipment. ACL will not enter into any Business Contract (or, other written agreement, email, text, letter, etc.) with Client (or perform any services for) that Onsite (or Remote), Third Party IT (or Remote Network Systems, Online Infrastructure, Online Web Service Hosting Accounts, etc.) Service Contractors are involved with, unless, said Third Party Service Contractors are specifically stipulated as a responsible party in the ACL Business Contract with the Client, (or other written exchange) and a clear division of labor, responsibility, liability, etc. is outlined in the ACL Contract and agreed to by both ACL and The Client.

Limitations of ACL Contractual Obligations to Client

Amarna Consulting, LLC will always safeguard the privacy and security of Client data and systems (i.e. Network Systems, Online Infrastructure, Online Web Service Hosting Accounts, etc.), and will never, knowingly, share or reveal any information obtained with third parties. ACL vehemently advises that Client backup all data. All Client data will be deleted from ACL systems within 10 business days, after ACL project completion, unless otherwise requested by the Client. ACL does not record Client security information, login credentials, and/or passwords. ACL recommends Client keep track of all business and personal security credentials, account login information, pin codes, etc. and store them in a secure location. ACL pledges to follow a conscientious standard of Client service, however, ACL is not responsible for inadvertent omissions, and/or Client failure to heed ACL advice/instructions, Force Majeure occurrences, etc. or any other events or circumstances outside of the natural control, and/or contractually specified scope of ACL responsibility. Client, Network Systems, and Online Infrastructure, All Online Web Service Hosting Accounts (Hosting Accounts, Websites, Merchant Accounts, etc.), Integrity, Proper Operating Function, and Security, along with proprietary Data Integrity, and all IT Hardware is the sole responsibility of the Client, and although it cannot be guaranteed, ACL will make every reasonable effort to safeguard Network Systems, Online Infrastructure, Online Web Service Accounts, Proprietary Client Data, and provide the Client with proper consulting advice to maintain the integrity and security of these systems (and provide training if requested by the Client). ACL is not responsible for the actions of the Client, and/or any Third Parties, on any Client projects, Network Systems, Online Infrastructure, Online Web Service Hosting Accounts, etc. or on any Client equipment (Any Unilateral Action, hiring or involvement of Third Parties, by the Client on ACL Contracted Projects or Equipment, releases ACL from any and all responsibility for Client Projects, Contracts, Equipment, Systems, Warranty, etc.). The Client releases ACL of all liability and responsibility for any legal, and/or financial issues that may arise in relation to consulting advice given, or work performed by ACL. Once Network Systems, and Online Infrastructure, Online Web Service Hosting Accounts, Online Data Integrity and Security, etc. software project(s) are successfully completed, and correct function is demonstrated to the Client, ACL assumes no responsibility and/or liability thereafter. ACL is not responsible for existing Network Systems, Online Infrastructure, Online Web Service Hosting Accounts, etc. or other, additional projects or installations not specified in the ACL signed business contract, for project development, alteration, or upgrades by ACL, or for work performed by the Client, or third parties, after project completion, unless approved by ACL in writing. ACL reserves the right to refuse service to any individual or business, organization, etc. at any time. ACL is not responsible for loss of earnings or other damage to Client’s affairs/business due to Network Systems, Online Infrastructure, Online Web Service Hosting Accounts, etc. downtime that may result due to the provided services. To perform certain services properly, ACL may need to modify, uninstall, or restore certain software programs on Client Network Systems, Online Infrastructure, Online Web Service Hosting Accounts, etc., with Client consent, however, ACL cannot guarantee any results. If Client does not agree, upgrades, modifications, installations, restore operations, etc. to Network Systems, Online Infrastructure, Online Web Service Hosting Accounts, will not be performed. Some services require software applications, plugins, extensions, etc. acquired from internet websites and other online resources. All software applications, plugins, extensions, etc. are scanned for malware before install, however, no software program application, plugin, extension, etc. is guaranteed to perform as expected. Although all Network Systems, and Online Infrastructure, All Online Web Service Hosting Accounts, Website, and other proprietary data files will be backed up and restored (if initially presented in a viable condition by the Client), ACL is not responsible for the restoration and/or preservation of custom setups and layouts within individual software installations. Client must contact ACL prior to making their own software changes, installations, upgrades, and any configuration alterations, to Network Systems, Online Infrastructure, Online Web Service Hosting Accounts, etc. (Since ACL does not participate in, or support, duplication of unlicensed software, intellectual property, original work, products, licensed business systems, or any form of trademark or copyright infringement, Client must provide their own original, logos, titles, products, and all other forms of proprietary intellectual property, and produce, purchase, and/or supply all software licenses). These ACL Terms of Service do not expire at Client Project or Contract completion and are legally binding on The Client in perpetuity. The ACL Terms of Service (and/or the ACL Contract with Client) are subject to changes, additions, and alteration(s), by ACL, at Its discretion, at any time, and reconfirmation, and complete agreement, by the Client, to those changes, will be required within 10 days after notification, by ACL (extensions allowed at ACL discretion),. If Client does not reconfirm and agree (Bilateral Agreement, in writing, as Official Signatory) to the current, and updated, ACL Terms of Service, and, ACL alterations to them, within 10 days after notification; ACL obligations under the ACL Business Contract in question, will be nullified and ACL will assume no further duty, responsibility, or liability for completion of the ACL Contract with Client (or for work already performed), and all ACL duties, and work on any, and all, Client projects will immediately cease, with no further obligation to the Client, or involvement by ACL. The ACL Warranty will be nullified (and no further payment on on incomplete or disputed portions, of the Contract in question, will be required. Subsequently, Client agrees to refrain from retaliatory public or private retribution of any kind, including false statements about ACL, or any behavior that can be deemed libelous or injurious to ACL, whether written, verbal, digital, etc). Full payment for Non-Disputed, and/or Successfully Completed portions of the contracted project(s) will be required. Negotiated, and/or, Arbitrated Settlements, agreed to in writing by both parties, for Successfully Completed, unpaid portions of project(s) nullified by the above conditions, and ACL Terms, are allowed under The ACL Terms of Service. All other added written, Addendums, Agreements, Alterations, etc. are also subject to the above required reconfirmation terms. Client can be released from approved portions of these Terms of Service (and/or nullified Contract) during carefully, structured, written, arbitration procedures, or under a written Settlement Agreement, provided, that said written agreement (signed by both parties) is an addendum to, and does not supersede, or override these original, legally binding, and overarching ACL Terms of Service. The ACL Terms of Service will remain in effect after contract completion, and/or nullification, and ACL Warranty expiration.

Warranty

Amarna Consulting, LLC warranties its work for 120 days (Basic/Minor Change/Configure/Optimize/Security install), or 1 year (Limited – full/major Network Systems, Online Infrastructure, Online Web Service Hosting Account, etc. install project), as of date of service completion, provided Client or Warranty Holder follows ACL instructions, no party other than ACL performs work, or makes changes to the same Online Websites/Accounts, Network Systems and equipment or software applications during that period, and No Changes or Upgrades have been made to Online Websites/Accounts, Network Systems, or software applications/equipment, no additional software (including, apps, plugins, add-ons, extensions, etc.) or hardware systems have been installed, uninstalled, or reinstalled since ACL performed its work. ACL will provide phone support and/or will repair ACL projects within the warranty period. Client must initiate contact with ACL to receive support or warranty, and take No Unilateral Action on ACL Warrantied Systems without first contacting ACL and getting written approval. Any basic consulting advice, perfunctory information, or info provided as a courtesy, given to Client or Third Parties for DIY work, on any project, does not carry an ACL Warranty (or infer any responsibility or obligation on the part of ACL), unless it precedes a related, planned, contracted project, managed and implemented solely by ACL (This courtesy support stipulation includes advice and information provided to Client after ACL Warranty has expired). Warranty is void until all balances are paid in full, or warranty conditions are agreed upon by Client in writing ($165.00 minimum charge for consultation on new issues, and for extra work not specific to original work performed, added charges will be assessed). There is a $165.00 minimum charge, and an additional $95.00 fee for Emergency and/or service performed outside of ACL regular business hours. (All unpaid balances will be subject to collection activity after 45 days). These warranty terms pertain to all current, or future work performed for above Client/Warranty Holder, and cover all documents issued by ACL. There are no other warranties, express or implied.

These ACL Terms of Service are a legally binding contractual agreement between ACL and the above named Client. Registration on the ACL Website: amarnaconsulting.com and Checking the “I Have Read and Agree to the Amarna Consulting LLC, Terms of Service” Box on the Contact Form, and completion of the ACL Registration, constitutes signed agreement to the entirety of the ACL Terms of Service and Privacy Policy. The Client/Owner/Business Owner/Officer/Responsible Party of the ACL Client Company, named on the Registration form, and any ACL Business contracts, agrees to the ACL Terms of Service and Privacy Policy as the Official Signatory for the named Client. (ACL Terms of Service apply to both Vendors and Clients).