Legal

Terms of Service

Last updated: January 2025

1. Acceptance of Terms

By accessing or using the website, products, and services provided by Volition Solutions, LLC ("Volition Solutions," "we," "us," "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These terms apply to all visitors, users, clients, and any other persons who access or use our website at volitionsolutions.co or engage our professional services.

If you do not agree to these Terms of Service, you must not access or use our website or services. Your continued use of our website or services following the posting of any changes to these terms constitutes acceptance of those changes.

2. Description of Services

Volition Solutions is a managed IT services provider (MSP) delivering enterprise-grade technology solutions to businesses. Our services include, but are not limited to:

  • Managed IT Services -- proactive monitoring, maintenance, and support of IT infrastructure
  • Cybersecurity -- threat detection, prevention, incident response, and security program management
  • Cloud Solutions -- cloud migration, architecture, deployment, and management across platforms including Microsoft Azure, AWS, and Google Cloud Platform
  • IT Consulting -- strategic technology planning, IT assessments, and advisory services
  • Microsoft 365 Administration -- deployment, migration, configuration, and ongoing management of the Microsoft 365 ecosystem
  • Network Management -- network design, deployment, monitoring, and optimization including LAN, WAN, WLAN, and SD-WAN solutions
  • Backup and Disaster Recovery -- data backup, business continuity planning, and disaster recovery solutions
  • Related technology services as described on our website or in individual service agreements

The specific scope, deliverables, and terms of individual services are governed by separate service agreements, Statements of Work (SOWs), and Service Level Agreements (SLAs) entered into between Volition Solutions and the client. The descriptions provided on our website are for general informational purposes and do not constitute a binding offer or guarantee of specific service features or outcomes.

3. Service Agreements

Individual services provided by Volition Solutions are governed by separate contractual documents, which may include:

  • Master Service Agreements (MSAs) -- establishing the overarching terms and conditions of the service relationship between Volition Solutions and the client
  • Statements of Work (SOWs) -- defining the specific scope, deliverables, timelines, and pricing for individual projects or service engagements
  • Service Level Agreements (SLAs) -- specifying performance metrics, response times, uptime guarantees, and escalation procedures for managed services

In the event of any conflict or inconsistency between these general Terms of Service and the terms of any individual MSA, SOW, or SLA, the terms of the specific service agreement shall prevail to the extent of the conflict. These Terms of Service serve as the baseline terms governing the use of our website and the general relationship between Volition Solutions and its clients and website visitors.

4. User Accounts and Access

Certain services provided by Volition Solutions may require you to create an account, use login credentials, or access client portals, ticketing systems, or other platforms managed or provided by us. In connection with any such accounts or access, you agree to the following:

  • You are responsible for maintaining the confidentiality and security of your account credentials, including usernames, passwords, API keys, and any other authentication information provided to you or created by you.
  • You are responsible for all activities that occur under your account or through the use of your credentials, whether or not you have authorized such activities.
  • You must notify Volition Solutions immediately at Loading… if you become aware of any unauthorized access to or use of your account, credentials, or any other breach of security.
  • You must be at least 18 years of age to use our services or create an account. By using our services, you represent and warrant that you are at least 18 years old and have the legal authority to enter into these terms.

Volition Solutions shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials or your failure to promptly notify us of any unauthorized access.

5. Acceptable Use

You agree to use our website and services only for lawful purposes and in accordance with these Terms of Service. You agree not to:

  • Use our services for any illegal, fraudulent, or unauthorized purpose, or in violation of any applicable local, state, national, or international law or regulation
  • Attempt to gain unauthorized access to any systems, networks, servers, or accounts owned or managed by Volition Solutions or our clients, including but not limited to bypassing authentication mechanisms, exploiting vulnerabilities, or using brute-force methods
  • Interfere with, disrupt, or attempt to disrupt the operation, integrity, or performance of our services, systems, networks, or infrastructure, or the services provided to other clients
  • Transmit, upload, or distribute any viruses, worms, trojans, ransomware, malware, spyware, or any other malicious code, scripts, or programs through our services or systems
  • Violate or infringe upon the intellectual property rights, privacy rights, or other rights of Volition Solutions, our clients, or any third party
  • Use our services to send unsolicited communications, spam, or engage in any activity that could damage, disable, overburden, or impair our infrastructure
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying architecture of any proprietary tools, software, or systems provided by Volition Solutions

Violation of this acceptable use policy may result in immediate suspension or termination of your access to our services, without prior notice, and may subject you to civil and criminal liability.

6. Intellectual Property

Our Property

All content on the Volition Solutions website, including but not limited to text, graphics, logos, images, icons, audio, video, software, documentation, and the design, selection, and arrangement thereof, is the property of Volition Solutions or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Volition Solutions name, logo, tagline, and all related branding elements are trademarks of Volition Solutions and may not be used without our prior written consent.

Client Data

The client retains all ownership rights to their data, files, documents, and information provided to Volition Solutions in connection with the delivery of services. Volition Solutions does not claim any ownership interest in client data. Our use of client data is limited to the purposes of providing the contracted services and as otherwise described in our Privacy Policy and applicable service agreements.

Tools and Deliverables

Volition Solutions retains ownership of all proprietary tools, scripts, templates, processes, methodologies, frameworks, and general know-how developed or utilized during the course of service delivery, including those developed in connection with a specific client engagement, unless expressly agreed otherwise in a signed Statement of Work (SOW) or other written agreement. Any custom deliverables or work product whose ownership is to be transferred to the client will be explicitly identified in the applicable SOW.

7. Confidentiality

Both Volition Solutions and the client agree to protect the confidentiality of information exchanged during the course of the service relationship. Confidential information includes, but is not limited to:

  • Client network configurations, architecture diagrams, and infrastructure documentation
  • Security assessments, vulnerability reports, penetration testing results, and incident response findings
  • Business data, financial information, strategic plans, and operational processes
  • Proprietary tools, methodologies, pricing, and internal documentation of either party
  • Any information designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure

Each party agrees to use the other party's confidential information solely for the purpose of fulfilling its obligations under the applicable service agreement and to protect such information with at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

The obligations of confidentiality do not apply to information that:

  • Is or becomes publicly known through no fault or breach by the receiving party
  • Was already known to the receiving party prior to disclosure, as evidenced by written records
  • Is independently developed by the receiving party without reference to the disclosing party's confidential information
  • Is lawfully obtained from a third party without restriction on disclosure
  • Is required to be disclosed by law, regulation, or court order, provided that the receiving party gives prompt notice to the disclosing party to allow them to seek protective measures where legally permitted

8. Limitation of Liability

The information and content provided on the Volition Solutions website are provided on an "as is" and "as available" basis for general informational purposes only. Volition Solutions makes no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the website or the information contained therein.

Managed IT services, cybersecurity services, and other professional services are delivered in accordance with the terms, warranties, and service levels specified in the applicable SLA and service agreement between Volition Solutions and the client.

To the fullest extent permitted by applicable law:

  • Volition Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunity, loss of goodwill, or business interruption, arising out of or in connection with the use of our website or services, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, even if Volition Solutions has been advised of the possibility of such damages.
  • The total aggregate liability of Volition Solutions for any and all claims arising out of or in connection with our services shall not exceed the total fees paid by the client to Volition Solutions during the twelve (12) months immediately preceding the event giving rise to the claim.
  • Volition Solutions is not responsible for outages, failures, or service disruptions caused by third-party vendors, cloud service providers, internet service providers, telecommunications carriers, or other parties beyond our reasonable control. While we will use commercially reasonable efforts to assist in the resolution of such issues, our liability is limited to the services we directly provide and manage.

9. Indemnification

You agree to indemnify, defend, and hold harmless Volition Solutions, its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in connection with:

  • Your misuse of our services, website, or any systems or platforms provided or managed by Volition Solutions
  • Your violation of these Terms of Service or any applicable law, regulation, or third-party agreement
  • Your infringement or violation of any intellectual property rights, privacy rights, or other rights of any third party
  • Any data, content, or materials you provide to Volition Solutions or transmit through our services
  • Any negligent or willful misconduct by you, your employees, or your agents in connection with the use of our services

This indemnification obligation shall survive the termination or expiration of these Terms of Service and any related service agreement.

10. Data and Privacy

Volition Solutions is committed to protecting the privacy and security of your data. Our collection, use, storage, and disclosure of personal information and client data are governed by our Privacy Policy, which is incorporated into these Terms of Service by reference.

Key principles governing our data practices include:

  • Client Data Ownership -- All client data remains the sole property of the client. Volition Solutions does not sell, share, or use client data for any purpose other than providing the contracted services.
  • Data Processor Role -- In the context of managed services, Volition Solutions acts as a data processor on behalf of the client (the data controller), processing data solely in accordance with the client's instructions and the terms of the applicable service agreement.
  • Data Protection -- We implement appropriate technical and organizational measures to protect client data against unauthorized access, alteration, disclosure, or destruction, consistent with industry best practices and applicable regulatory requirements.
  • Regulatory Compliance -- We assist clients in meeting their data protection obligations under applicable laws and regulations, including HIPAA, GDPR, CCPA, and other frameworks, as specified in the applicable service agreement.

For full details on how we collect, use, and protect your information, please review our Privacy Policy.

11. Termination

Either party may terminate the service relationship in accordance with the terms and conditions set forth in the applicable Master Service Agreement (MSA), Statement of Work (SOW), or other service agreement between Volition Solutions and the client.

Volition Solutions reserves the right to suspend or terminate your access to our website or services, in whole or in part, immediately and without prior notice, if:

  • You breach any provision of these Terms of Service or any applicable service agreement
  • Your use of our services poses a security risk to Volition Solutions, our infrastructure, or our other clients
  • Suspension or termination is required by law or regulation
  • Your account is being used for unauthorized or illegal activities

Upon termination of services, Volition Solutions will assist with an orderly transition of data, documentation, and system access in accordance with the terms of the applicable service agreement. This may include providing data exports, transferring administrative credentials, and cooperating with the client's designated successor provider during a reasonable transition period as defined in the service agreement.

Termination of services does not relieve either party of obligations that accrued prior to the effective date of termination, including payment obligations, confidentiality obligations, and indemnification obligations.

12. Force Majeure

Volition Solutions shall not be liable for any delay or failure to perform its obligations under these Terms of Service or any service agreement to the extent that such delay or failure is caused by events beyond our reasonable control. Such events include, but are not limited to:

  • Natural disasters, including earthquakes, floods, hurricanes, tornadoes, and severe weather events
  • Acts of war, terrorism, civil unrest, or government actions
  • Epidemics, pandemics, or public health emergencies
  • Widespread power outages, internet outages, or telecommunications failures
  • Cyberattacks, including distributed denial-of-service (DDoS) attacks, that affect critical infrastructure beyond our control
  • Strikes, labor disputes, or supply chain disruptions
  • Changes in law or regulation that materially impact our ability to deliver services

In the event of a force majeure occurrence, Volition Solutions will use commercially reasonable efforts to resume performance as soon as practicable and will promptly notify affected clients of the situation and expected duration of the delay.

13. Governing Law and Dispute Resolution

These Terms of Service and any disputes arising out of or in connection with these terms or our services shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service or the services provided by Volition Solutions, the parties agree to the following resolution process:

  • Negotiation -- The parties shall first attempt to resolve the dispute through good-faith negotiation. Either party may initiate this process by providing written notice of the dispute to the other party. The parties shall have thirty (30) days from the date of such notice to reach a mutually acceptable resolution.
  • Binding Arbitration -- If the dispute cannot be resolved through negotiation within the specified period, it shall be submitted to and resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted by a single arbitrator with expertise in technology and IT services matters. The decision of the arbitrator shall be final and binding upon both parties and may be entered as a judgment in any court of competent jurisdiction.

Each party shall bear its own costs and expenses in connection with arbitration, and the parties shall share equally in the fees of the arbitrator and the AAA. Notwithstanding the foregoing, either party may seek injunctive or equitable relief from a court of competent jurisdiction to protect its intellectual property rights or confidential information.

14. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such finding shall not affect the validity or enforceability of the remaining provisions of these terms. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties, or if such modification is not possible, it shall be severed from these terms. All remaining provisions shall continue in full force and effect.

15. Changes to Terms

Volition Solutions reserves the right to update, modify, or replace these Terms of Service at any time at our sole discretion. When we make changes, we will update the "Last updated" date at the top of this page.

Your continued use of our website or services after any changes to these terms constitutes your acceptance of the revised terms. If you do not agree with the updated terms, you must discontinue your use of our website and services.

For material changes that significantly affect your rights or obligations, we will make reasonable efforts to provide notice, which may include sending an email to the address associated with your account, posting a prominent notice on our website, or notifying you through our client portal. It is your responsibility to review these Terms of Service periodically to stay informed of any updates.

16. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

We will make every effort to respond to your inquiry in a timely manner.