Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client") and Forget About Tech, Inc. ("Company," "we," "us," or "our"), a California corporation located at 1732 Aviation Blvd., Suite 313, Redondo Beach, CA 90278.

By engaging our IT consulting services, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms apply to all services provided by the Company, including but not limited to IT consulting, infrastructure implementation, network management, cybersecurity services, and technical support.

The Company reserves the right to modify these Terms at any time with thirty (30) days written notice to the Client. Continued use of our services after such modifications constitutes acceptance of the revised Terms.

The Company provides comprehensive IT consulting and technology services, including but not limited to:

• IT strategy and consulting
• Infrastructure design and implementation
• Network management and security
• Cloud solutions and migration
• Cybersecurity services and assessments
• Help desk and technical support
• System integration and optimization
• Disaster recovery and backup solutions
• Software and hardware procurement guidance
• Compliance and regulatory assistance

Specific services to be provided will be detailed in individual Service Agreements or Statements of Work ("SOW") executed between the parties. Each SOW will specify deliverables, timelines, costs, and performance criteria.

The Company reserves the right to subcontract certain services to qualified third-party vendors, while maintaining full responsibility for service delivery and quality.

Client agrees to:

• Provide accurate and complete information necessary for service delivery
• Grant appropriate access to systems, facilities, and personnel as required
• Designate authorized representatives for decision-making and approvals
• Maintain current backups of all critical data before service implementation
• Comply with all applicable laws and regulations
• Provide timely feedback and approvals as specified in project timelines
• Maintain appropriate insurance coverage for business operations
• Notify the Company immediately of any security incidents or system failures
• Follow established change management procedures
• Provide safe working conditions for Company personnel on Client premises

Failure to fulfill these responsibilities may result in project delays, additional costs, or service limitations, for which the Company shall not be held liable.

Payment Schedule: Unless otherwise specified in the SOW, invoices are due within thirty (30) days of invoice date. Late payments will incur a service charge of 1.5% per month or the maximum rate permitted by law, whichever is less.

Project-Based Services: For fixed-price projects, payment schedules will be specified in the SOW, typically requiring deposits and milestone-based payments.

Ongoing Services: Monthly recurring services will be billed in advance on the first business day of each month.

Expenses: Client will reimburse Company for pre-approved expenses including travel, materials, software licenses, and third-party services at cost plus applicable markup.

Disputed Invoices: Any billing disputes must be reported within ten (10) days of invoice receipt. Undisputed portions remain due per original terms.

Suspension of Services: Company reserves the right to suspend services for accounts more than thirty (30) days past due, with forty-eight (48) hours written notice.

LIMITATION OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR SERVICES PROVIDED SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

EXCLUSION OF CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Service Disclaimers: While Company strives to provide high-quality services, we do not warrant that services will be uninterrupted, error-free, or meet all Client requirements. Technology services involve inherent risks that cannot be completely eliminated.

Third-Party Products: Company's liability for third-party hardware, software, or services is limited to manufacturer warranties and support terms. Company serves as a conduit for such warranties but does not extend additional guarantees.

Company IP: All methodologies, processes, templates, tools, and proprietary knowledge developed or used by Company remain the exclusive property of Company.

Client Data: Client retains all rights to its data, information, and pre-existing intellectual property. Company claims no ownership of Client's business information or data.

Work Product: Unless otherwise specified in writing, deliverables created specifically for Client become Client property upon full payment. However, Company retains rights to use general knowledge, experience, and skills gained during service delivery.

License Compliance: Client is responsible for ensuring all software and technology implementations comply with applicable licensing terms. Company will provide guidance but cannot guarantee license compliance.

Indemnification: Each party agrees to indemnify the other against claims of intellectual property infringement arising from their respective contributions to the project.

Mutual Confidentiality: Both parties acknowledge that they may have access to confidential and proprietary information. Each party agrees to maintain strict confidentiality and use such information solely for the purpose of fulfilling obligations under these Terms.

Definition of Confidential Information: Includes but not limited to business plans, financial information, technical data, customer lists, trade secrets, and any information marked or identified as confidential.

Exceptions: Confidentiality obligations do not apply to information that: (a) is publicly available, (b) was known prior to disclosure, (c) is independently developed, or (d) is required to be disclosed by law.

Data Security: Company implements industry-standard security measures to protect Client information, including encryption, access controls, and secure transmission protocols.

Survival: Confidentiality obligations survive termination of these Terms for a period of five (5) years.

Termination for Convenience: Either party may terminate ongoing services with thirty (30) days written notice. Project-based services cannot be terminated without mutual agreement unless for cause.

Termination for Cause: Either party may terminate immediately for material breach that remains uncured after ten (10) days written notice, including non-payment, violation of confidentiality, or failure to perform material obligations.

Effect of Termination:

• All outstanding invoices become immediately due
• Company will provide transition assistance for up to thirty (30) days
• Confidentiality obligations remain in effect
• Each party will return or destroy confidential information
• Client may retain completed work product upon full payment

Data Return: Upon termination, Company will provide Client data in commonly used formats within thirty (30) days, subject to payment of all outstanding fees.

Negotiation: Parties agree to first attempt resolution through good faith negotiation involving senior management representatives from both organizations.

Mediation: If negotiation fails, disputes will be submitted to binding mediation through the American Arbitration Association (AAA) or another mutually agreed mediator in Los Angeles County, California.

Arbitration: Unresolved disputes after mediation will be settled through binding arbitration under AAA Commercial Arbitration Rules. The arbitration will be conducted in Los Angeles County, California.

Legal Action: Either party may seek injunctive relief in state or federal court for protection of intellectual property or confidential information without first proceeding through alternative dispute resolution.

Costs: Each party bears its own costs unless the arbitrator determines otherwise based on the outcome of the dispute.

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

Any legal proceedings not subject to arbitration will be conducted exclusively in the state or federal courts located in Los Angeles County, California.

Both parties consent to the jurisdiction of these courts and waive any objection to venue or inconvenient forum.

If any provision of these Terms is found unenforceable, the remainder of the Terms will remain in full force and effect.

For legal inquiries, contract questions, or notices related to these Terms, please contact:

All legal notices must be in writing and delivered by certified mail, hand delivery, or email with delivery confirmation.

Effective Date: These Terms are effective as of January 1, 2025, and supersede all prior agreements regarding the subject matter herein.