TERMS OF SERVICE
Effective Date: February 23, 2026
Last Updated: February 23, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Platinum Web Services, Inc. ("Company," "we," "us," or "our"), a corporation organized under the laws of Missouri, governing your use of our IT services and technology consulting services.
1. ACCEPTANCE OF TERMS
By engaging our services, accessing our website at platinumwebservices.net, or executing a service agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our services.
2. SERVICES PROVIDED
Platinum Web Services, Inc. provides IT consulting and technical services, including but not limited to laptop/desktop repairs, virus removal, and data recovery.
Specific services will be detailed in individual Service Agreements, Statements of Work, or service orders executed between the parties.
3. SERVICE AGREEMENTS
3.1 Scope of Work
Each engagement shall be governed by a Service Agreement or Statement of Work that specifies the scope, deliverables, timeline, and pricing for the services to be provided.
3.2 Changes to Scope
Any changes to the agreed scope of work must be documented in writing and approved by both parties. Additional services or changes may result in adjusted fees and timelines.
3.3 Client Cooperation
Client agrees to provide timely access to systems, information, and personnel necessary for us to perform the services. Delays caused by Client's failure to provide required cooperation may result in timeline extensions and additional charges.
4. FEES AND PAYMENT
4.1 Pricing
Fees for services shall be as specified in the applicable Service Agreement or as quoted in writing. We reserve the right to modify our pricing with thirty (30) days' notice for ongoing services.
4.2 Payment Terms
Unless otherwise specified, invoices are due within fifteen (15) days of the invoice date. Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by Missouri law, whichever is less.
4.3 Expenses
Client shall reimburse reasonable out-of-pocket expenses incurred in connection with services, including travel, hardware, software licenses, and third-party services, unless otherwise agreed in writing.
4.4 Suspension of Services
We reserve the right to suspend services for non-payment until all outstanding amounts are paid in full.
5. CLIENT RESPONSIBILITIES
Client agrees to:
- Provide accurate and complete information necessary for service delivery
- Maintain appropriate backups of critical data
- Comply with all applicable laws and regulations
- Use services only for lawful purposes
- Maintain confidentiality of access credentials and account information
- Notify us promptly of any security incidents or unauthorized access
- Ensure that Client's employees and contractors comply with these Terms
6. 24/7 EMERGENCY SUPPORT
6.1 Availability
For Clients with active support agreements, we provide 24/7 emergency support for critical IT issues that significantly impair business operations.
6.2 Response Times
Response times vary based on the service level selected and the severity of the issue. Specific response time commitments are detailed in individual Service Agreements.
6.3 Emergency Rates
Emergency support outside of normal business hours may be subject to premium rates as specified in the applicable Service Agreement.
7. DATA SECURITY AND PRIVACY
7.1 Security Measures
We implement industry-standard security measures to protect Client data, including enterprise-level safeguards against ransomware, phishing, and other cyber threats.
7.2 Privacy Policy
Our collection, use, and protection of Client data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
7.3 Data Breaches
In the event of a data breach affecting Client data, we will notify Client in accordance with applicable Missouri and federal law requirements.
7.4 Client Data Ownership
Client retains all ownership rights to Client data. We claim no ownership or license rights to Client data except as necessary to provide the services.
8. CONFIDENTIALITY
8.1 Confidential Information
Each party agrees to maintain the confidentiality of the other party's proprietary and confidential information and to use such information only for purposes of the service relationship.
8.2 Exclusions
Confidential information does not include information that: (a) is or becomes publicly available without breach of these Terms; (b) was rightfully in the receiving party's possession prior to disclosure; (c) is independently developed; or (d) is rightfully obtained from a third party without restriction.
8.3 Required Disclosure
Either party may disclose confidential information if required by law, court order, or government regulation, provided that reasonable notice is given to allow the disclosing party to seek protective measures.
9. INTELLECTUAL PROPERTY
9.1 Company Property
All pre-existing intellectual property, tools, methodologies, and know-how used by us in providing services remain our exclusive property.
9.2 Work Product
Unless otherwise specified in a Service Agreement, custom deliverables specifically created for Client shall become Client's property upon full payment. We retain the right to use general knowledge, skills, and experience gained during the engagement.
9.3 Third-Party Materials
Any third-party software, licenses, or materials provided as part of services remain subject to their respective license agreements.
10. WARRANTIES AND DISCLAIMERS
10.1 Professional Services
We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards.
10.2 NO OTHER WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.3 No Guarantee of Results
While we strive for optimal results, we cannot guarantee specific outcomes, including but not limited to complete data recovery, elimination of all security vulnerabilities, or prevention of all cyber attacks.
10.4 Third-Party Products
We make no warranties regarding third-party hardware, software, or services, which are subject to their manufacturers' or providers' warranties.
11. LIMITATION OF LIABILITY & DATA LOSS DISCLAIMER
IMPORTANT: While we strive for excellence, Platinum Web Services, Inc. is not liable for any data loss, hardware failure, or secondary damage that occurs during the course of repair or data recovery services.
- You are responsible for backing up your data before seeking services.
- We do not guarantee 100% data recovery success or 100% protection against cyber threats.
12. INDEMNIFICATION
12.1 By Company
We agree to indemnify, defend, and hold harmless Client from third-party claims alleging that our services infringe a third party's intellectual property rights, provided that Client: (a) promptly notifies us of the claim; (b) grants us sole control of the defense and settlement; and (c) provides reasonable cooperation.
12.2 By Client
Client agrees to indemnify, defend, and hold harmless Company from claims arising out of: (a) Client's use of services in violation of these Terms; (b) Client's violation of applicable laws; (c) Client data or content; or (d) claims that our performance in accordance with Client's instructions infringes third-party rights.
13. TERM AND TERMINATION
13.1 Term
These Terms remain in effect for as long as Client uses our services. Individual Service Agreements may specify additional term provisions.
13.2 Termination for Convenience
Either party may terminate ongoing services with thirty (30) days' written notice, unless otherwise specified in a Service Agreement. Client remains responsible for fees incurred prior to termination.
13.3 Termination for Cause
Either party may terminate immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure within fifteen (15) days of written notice; (b) becomes insolvent or subject to bankruptcy proceedings; or (c) engages in illegal conduct.
13.4 Effect of Termination
Upon termination: (a) Client shall pay all outstanding fees and expenses; (b) we will cease providing services; (c) we will return or destroy Client data as directed, subject to legal retention requirements; and (d) Sections relating to confidentiality, intellectual property, warranties, limitation of liability, and indemnification shall survive.
13.5 Data Retrieval
Client has thirty (30) days following termination to retrieve data from our systems, after which we may delete such data in accordance with our data retention policies.
14. FORCE MAJEURE
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, civil unrest, labor disputes, telecommunications failures, power outages, or governmental actions. The affected party shall notify the other party promptly and use reasonable efforts to mitigate the impact.
15. DISPUTE RESOLUTION
15.1 Governing Law
These terms are governed by the laws of the State of Missouri. Any disputes shall be resolved in the courts of St. Charles County, MO.
16. COMPLIANCE WITH LAWS
16.1 Legal Compliance
Both parties agree to comply with all applicable federal, state, and local laws and regulations in connection with these Terms and the services provided.
16.2 Export Control
Client agrees not to export, re-export, or transfer any services, software, or technical data in violation of U.S. export control laws and regulations.
16.3 Anti-Corruption
Neither party shall engage in any conduct that would violate anti-bribery or anti-corruption laws, including the U.S. Foreign Corrupt Practices Act.
17. INSURANCE
We maintain commercially reasonable insurance coverage appropriate for our business operations, including professional liability insurance, general liability insurance, and cyber liability insurance.
18. SUBCONTRACTORS
We reserve the right to use qualified subcontractors to perform services, provided that we remain responsible for their performance and compliance with these Terms.
19. NO AGENCY
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties. Neither party has authority to bind the other or to incur obligations on the other's behalf.
20. ASSIGNMENT
Client may not assign or transfer these Terms or any Service Agreement without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.
21. ENTIRE AGREEMENT
These Terms, together with any executed Service Agreements and our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter and supersede all prior or contemporaneous understandings, whether written or oral.
22. AMENDMENTS
We reserve the right to modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated to active Clients via email. Continued use of services after changes become effective constitutes acceptance of the modified Terms.
23. SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
24. WAIVER
No waiver of any provision of these Terms shall be effective unless in writing and signed by the waiving party. No waiver of any breach shall constitute a waiver of any other or subsequent breach.
25. NOTICES
All notices required or permitted under these Terms shall be in writing and delivered by: (a) personal delivery; (b) certified or registered mail, return receipt requested; (c) overnight courier service; or (d) email with confirmation of receipt, to the addresses specified in the applicable Service Agreement or as updated by written notice.
26. HEADINGS
Section headings are for convenience only and shall not affect the interpretation of these Terms.
27. COUNTERPARTS
Service Agreements may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic signatures shall have the same legal effect as original signatures.
28. CONTACT INFORMATION
For questions regarding these Terms or our services, please contact:
Platinum Web Services, Inc.
7827 Town Square Ave, 104-1184, O'Fallon, MO 63368
(636) 204-5335
Website: platinumwebservices.net
State of Organization: Missouri
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR CONDITIONS.