Terms of Service – ABT Solutions, LLC
Effective Date: July 2025
These Terms of Service ("Agreement") govern the relationship between ABT Solutions, LLC ("ABT") and any Client or website visitor engaging with ABT's IT, cybersecurity, cloud hosting, telecommunications, consulting, and related services. By using our services or entering into any engagement with ABT, you agree to the following terms and conditions:
1. Scope of Services
ABT provides managed IT services, cybersecurity, cloud hosting, telecommunications, support, consulting, and other technology services as outlined in Service Orders, also referred to as Statements of Work (SOWs), Estimates, Quotes, Proposals, or Addendums. These documents are incorporated into this Agreement by reference.
2. Term and Termination
- Onboarding: All Clients must complete ABT’s onboarding process before service-level agreements (SLAs) apply. Timeframes given for onboarding are estimates and not guarantees.
- Automatic Renewal: Agreements auto-renew yearly unless either party provides 90 days’ written notice prior to renewal.
- Start Date: If unspecified, monthly services begin the first of the next calendar month and run for one year.
- Termination Rights:
- Either party may terminate with 60 days’ written notice after the initial term.
- Immediate termination is permitted for material breach or unpaid invoices beyond 15 days.
- Service Suspension and Recovery:
- ABT may suspend services or reclaim company-owned equipment upon termination or non-payment.
- This may result in loss of essential services including email, workstation/server access, VOIP, and cybersecurity.
- Reinstatement may require a new onboarding process and additional fees.
- Early Termination Payment: If the Client terminates early without cause, they must pay all outstanding invoices and the remaining term’s fees unless otherwise agreed.
- Offboarding: Offboarding may incur additional fees. ABT reserves the right to waive or charge for these services at its discretion.
3. Fees and Payment
- Invoicing: Monthly services are invoiced in advance, due via ACH by the 1st of each month. Other invoices are due Net 15.
- Accepted Payment Methods: ACH and credit card via https://abtok.flexpmts.com. Check payments can be mailed to PO Box 195, Tonkawa, OK 74653.
- Payment Fees: ABT may charge up to a 4% fee for check or credit card payments, with prior notice.
- Late Payments: Invoices unpaid after 30 days incur an 18% monthly fee. Services may be suspended after 45 days. Reinstatement may require a fee.
- Non-ABT Hardware:
- Non-ABT workstations: $200 setup fee per device.
- Non-ABT servers: Hourly setup fee.
- Additional Hardware: Setup or integration of new hardware may incur fixed or hourly fees. ABT will provide a quote before performing work.
4. Project Work
Any service that:
- Affects more than 5 users,
- Involves more than 5 devices, or
- Requires more than 5 hours of work
is considered a Project and requires a separate Service Order. Projects include migrations, new office setups, or deployments unrelated to managed systems. These are not covered under monthly services unless specified in an Addendum.
5. Client Responsibilities
Clients agree to:
- Alert ABT immediately upon employee termination using approved communication methods.
- Maintain recommended hardware/software standards.
- Avoid unauthorized changes to network or infrastructure.
- Not interfere with ABT’s tools, agents, or configurations.
- Provide timely access to systems, credentials, and personnel.
ABT-Owned Equipment: Equipment or software provided by ABT but not paid for by the Client remains ABT property. ABT reserves the right to retrieve it on-site. Retrieval may disrupt services until replacements are secured.
6. Support and SLAs
- Business Hours: Monday–Friday, 8am–5pm CST (excluding Federal Holidays).
- Support Channels: Email (support@abtok.com), Phone (580-749-6600), Portal (https://portal.abtok.com).
- Response Commitments:
- Urgent: 1-hour response / 1–4 hour resolution
- High: 4-hour response / 2–8 hour resolution
- Medium: 8-hour response / 72-hour resolution
- Low: 24-hour response / 7–14 day resolution
These targets are goals, not guarantees, and do not constitute breach of contract if unmet. SLAs start only after a ticket is submitted through an approved method. Urgent issues should be emailed first, then followed by a call.
After-Hours Support: Subject to additional fees as outlined in the Rate Schedule.
7. Data Security and Risk
- Audit Rights: ABT may perform audits in response to suspected incidents.
- Backup Responsibility: Clients must ensure appropriate data backups. ABT only assumes responsibility where contracted.
- Risk Acceptance: Declining security recommendations requires a signed waiver. Clients accept full liability if they reject or delay implementation.
- Cyber Insurance: Strongly recommended for all Clients; it is the Client’s responsibility to obtain.
Security Disclaimer: No system is immune from cyber threats. ABT is not liable for damages caused by attacks, user error, third-party tools, or rejected recommendations.
8. Limitation of Liability
- ABT is not liable for service interruptions due to force majeure, internet outages, utility failures, or vendor issues.
- Maximum liability is limited to the monthly fee paid in the billing period preceding a claim.
- ABT is not responsible for indirect, incidental, or punitive damages.
9. Indemnification
Each party agrees to indemnify the other against claims resulting from gross negligence, misconduct, or contractual breaches.
10. Confidentiality
All shared data and proprietary information will be kept confidential and only used as required to deliver services or as required by law.
11. Incident Response
In the event of a breach or cybersecurity event, ABT will follow its formal Incident Response Policy to assist with investigation, containment, and recovery. Legal and compliance responsibilities remain with the Client unless agreed otherwise.
12. Miscellaneous
- Electronic Signatures: Binding and enforceable.
- Force Majeure: Excuses delay due to circumstances beyond control.
- Sales Tax: The Client is responsible unless tax-exempt.
- Communication: Official support must go through approved channels.
- Arbitration: Disputes are resolved by binding arbitration per Oklahoma law.
- Marketing: ABT may list the Client as a customer unless requested otherwise.
- Third-Party Products: ABT is not responsible for unapproved vendors or tools.
- Hiring Clause: Clients may not hire ABT personnel for 12 months post-contract.
- Rate Adjustments: 30-day notice required.
- Legal Fees: Prevailing party in disputes may recover legal costs.
- Jurisdiction: Governed by Oklahoma law; venue is Kay County, OK.
13. Hardware and Software Sales
All hardware and software sales by ABT Solutions, LLC are final. Once a quote is approved or an invoice is paid, the transaction is considered complete. ABT does not accept returns or exchanges unless otherwise agreed upon in writing prior to the purchase.
14. Contact
ABT Solutions, LLC
108 W Grand Ave
Tonkawa, OK 74653
Email: support@abtok.com
Phone: 580-749-6600
By using our services or entering into a service engagement with ABT Solutions, you acknowledge and agree to abide by these Terms of Service.
๏ปฟ
ABT Solutions, LLC reserves the right to modify these Terms of Service at any time at its sole discretion. Updates will be posted to this page and take effect immediately upon publication.