Dave Tingling's public portal
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“Freedom's just another word for 'nothing left to lose' ” ---``Me and Bobby McGhee,'' version by Janis Joplin
Say hello...we're excited to connect! 🔒
“Freedom's just another word for 'nothing left to lose' ” ---``Me and Bobby McGhee,'' version by Janis Joplin
Welcome ▸ Terms-of-service
Stipulated by
The Members, Streamlines Information Systems LLC
April 1, 2008
This blanket Streamlines Terms of Service document applies to all clients of Streamlines, and to all services offered by Streamlines. Streamlines reserves the right to amend this Terms of Service from time to time. Amendments shall be effective immediately upon posting of the revised policy on the Streamlines website at www.streamlines.biz.
THIS TERMS OF SERVICE (ToS) is set forth by the Members (or Managing Members) of Streamlines, and shall be agreed to and accepted by the undersigned legal entity represented by (a natural person)-the "Executive," or "Authorized Representative'' signing (or clicking) to indicate acceptance below, effective as of 1 April 2008.
If other persons or entities are named in Section (13.1), you agree that the terms of our services and actions as set forth in this agreement will supersede and override any other contracts existing between you and those third parties.
This Terms of Service document in no way contravenes any stipulations of any SLA with us. On the contrary, an SLA supplements these Terms of Service, by:
Since every client's situation and use of technology is unique, we do not offer standardized SLAs. Every SLA is tailored to the needs and expectations of each client.
Your signature at the end of this document, or your clicking appropriately on the website to indicate "I accept the Terms of Service," and subsequently submitting your service request indicates your unconditional agreement to, and acceptance of, the stipulations and propositions herein. This Terms of Service will engage a contract between Streamlines and the legal entity you represent. This document details the considerations exchanged to ratify a contract.
Electronic signing using Public Key Infrastructure (PKI) cryptography is acceptable, and may be required in the future, but is not required to indicate your acceptance of these terms and conditions.
For your protection, we never store this information on any computer network--especially not the Internet. See our privacy policy at http://www.streamlines.biz/privacy for more details about how we handle this information.
You provide this data voluntarily, with the understanding that Streamlines expects consideration (in the form of monetary payment) for professional time and expenses incurred during the course of performing any work on your behalf. Please telephone us at 352-505-7885 to leave your credit card data on file with us.
This section is merely a definition of activities and corresponding rates; it also provides guidelines to some variable expenses that you are responsible for. The manner and timing of charges to your credit card are described in Section (6).
In the event that such rate changes are made, we will advise you one (1) full month (i.e. thirty calendar days) BEFORE any new rates are billed to your credit card, by at least one of the following mechanisms:
If you have an SLA and wish to discontinue the agreement, you always have the option to terminate our services as your technology providers, as specified in Section (12).
Our various independent consultants (retained as contractors to Streamlines) have different levels of training and expertise. If multiple consultants work on your project, you will be charged for any and all time that EACH consultant spends on tasks related to your project.
We agree to minimize your overall project costs by assigning the most competent consultants (technicians, programmers, engineers, etc.) for your task with the lowest hourly rate. For example, a Ph.D consulting engineer providing expert testimony may charge as much as US$400.00 per hour for highly specialized work. We will assign such an individual to your project if, and only if, his or her specific area of expertise is necessary. In general, we try to minimize your dependence on our resources.
You agree to reimburse us for all traveling expenses. Whenever we provide our own ground transportation, trips are charged at the current published industry standard of US$0.445 per mile. In addition, actual traveling time spent by any of our personnel is billable at a fixed rate of US$20.00 per hour.
If you need multiple location training or on-call support services, and multiple users or groups of users are to be trained or supported on demand, a cellular telephone is considered necessary, and related expenses will be charged to you. Otherwise, you will be responsible for enabling communication between your variously located sites, personnel, and our consultants. Alternately, we can facilitate the communication between these locations using collaborative technologies. Additional fees per seat, per person, or per workstation may be necessary, and a formal estimate will be necessary. The estimate will vary depending on the available network infrastructure and software at each location or workstation.
We will install equipment or software IF and ONLY IF you give us your written consent. You may do this via our website by submitting a second "Service Request." In any case, you must appoint Streamlines as having power-of-attorney to accept software licenses on your behalf. This exchange may happen electronically, either by e-mail or via our website. When we procure said equipment or software, all expenses involved with the provision shall be charged to you.
Our policy is to receive payment for our services before performing any or all work. This policy allows us to focus on professional clients who are serious about their business commitments and who demand a very high level of performance and service. The only entities exempt from this policy are non-profit organizations, government agencies, and schools. If you represent one of the above exempted entities, please call or contact us to make the necessary arrangements.
Requests for service are accepted (and our services are duly engaged) via our website only. Since your use of our website is entirely voluntary, you agree that you are obligated to satisfy our requests for payment using the credit card securing your account (which you provide either verbally, by telephone contact with our office during business hours, or via our website) according to the billing policies herein defined.
All periodic, recurring, automated and/or unattended services (i.e. services covered by SLAs) are also prepaid monthly, and are charged to your credit card automatically by our accounting system, on the 11th and / or the 25th day of the calendar month, whichever is closest to your service start date.
Requests for work (or "Service Requests") within the scope specified by your SLA are not billed or charged.
Even if you have an SLA, some of your requests may not be covered under the terms of your SLA (see the specific SLA for details).
If you already have an SLA, and you submit a service request for work not covered by the SLA, you thereby agree to our hourly our rates and fees as described herein. Like all other clients, you are committing to compensate us immediately, for the commitment of time and resources we will expend on your behalf, and you are authorizing us to act as your agents, manipulating your information systems or information. You also authorize us to and charge your credit card at the end of each business day according to our policies, detailed as follows:
Depending on the your business, your existing technology or the scope of your project, an appropriate quote or estimate may require extensive time to plan and research. Proposals, by definition, require considerable time inputs and onsite research into your operating or business processes.
For projects without a defined, measurable and observable endpoint, a formal and final estimate or proposal is impossible without consideration or research. Generally, we advise against immeasurable or non-demonstrable outcomes. However, we will engage our resources in exploratory work with a view to creating "proof of concept" systems for the purpose of providing final quotes for the full scope of the concept. For such performance, we expect due consideration.
Although our work emphasizes "Open-source" technologies, we provide integration services for a wide range of rapidly changing technology products and services from third party providers.
We cannot provide final, "delivered" estimates for system integration tasks that involve products that we do not re-sell, support, endorse, or products that we have not tested in our lab. This is because we cannot guarantee the performance of any third party's product or service, without having had prior experience with that product or service--its configuration and behavior--in a computing environment identical to yours.
As a distinct monthly service, we will maintain identical computing resources (exactly as used by your company) for use as emergency backup and problem-solving needs dictate, under the terms of an SLA. If you do not have such an SLA, we cannot guarantee or warranty the performance (according to vendor advertising) of any products. In particular, we support proprietary, non-standard or "closed-source" products, technologies and services ONLY by communication with the vendors of such systems, and by interpreting and acting upon the instructions of such vendors (written or otherwise) on your behalf.
Whether we provide a final proposal or not, or whether a "proof of concept" is successful or not, you are liable for our time and expenses, which we will bill to your credit card according to the policies set forth herein.
You acknowledge that our proposals and / or estimates are merely an approximated statement of the time, and the level of expertise your requested work or project might normally require. In some instances, your own technology situation or business arrangements may impose unpredictable factors and expenses during the course of our performance. Our billed charges will vary accordingly.
Any legal implications of your contravention of our AUP are entirely your liability. You agree that neither Streamlines, nor the managers or employees of Streamlines, will be held liable for any implications or consequences (including, but not limited to legal costs and fees), arising from your negligence or contravention of our AUP.
This section compliments our privacy policy as posted at http://www.streamlines.biz/privacy. Our online privacy statement describes our collection and use of information which you submit to us via our website, whether knowingly (as you might enter it on a fill-in form our Web pages), or unknowingly (as your computer might "serve" information for public harvesting. In contrast, this section covers our treatment of information that we encounter while we deliberately access your computer systems as part of your requested service.
We guarantee the confidentiality of your organization's information (including all information related to the systems you employ) which may become privy to us during the course of performing our services, irrespective of whether such information is furnished voluntarily by you as a necessity of function, or whether it becomes apparent to us during the course of our service to you. This information includes (but is not limited to) user passwords, security access codes, and sensitive company data.
One exception involves any case of criminal or illegal activity being performed by your operations, systems, or personnel. In such a case, our integrity as professional information technology practitioners dictates that we NOT preserve the privacy of such activities. We will notify appropriate law enforcement authorities, and thereby cannot be construed as accessories to crime. You agree that we will not be held liable for any consequences whatsoever (real or imagined) to you or your company that might arise from our collaboration with law enforcement authorities.
Any duplication, exact or approximate, of our technical solutions, or descriptive documents thereof, is prohibited unless we permit the duplication in writing. Any dissemination of the above, by any means whatsoever, (including granting electronic access) is considered a breach of this agreement, and will incur legal action on our part. You acknowledge that legal costs incurred in this process shall be payable by you.
Almost all of our delivered solutions feature (or are a part of) a fully managed corporate IT infrastructure. Our business model relies on our ability to immediately (and remotely) provide you with business solutions and manage your IT resources, according to your instructions.
We therefore reserve all rights to retain, and to not disclose, information regarding computing systems that we have devised and/or implemented, especially where such information would reveal our company's design methods or implementation strategies. Such information divulged to other system integrators could result in financial losses to our company, and will necessarily compromise the security or integrity of the solutions we provide.
We will never disclose such information to third parties unless you give us your written request, or unless you submit a "Service request" on our website explicitly asking us to disclose our methods. You should be aware that such an action may effectively terminate our agreement to act in your behalf, and will immediately nullify any guarantees we have made (such as assurances of uptime, reliability, and security) in all "SLAs" you have signed. This is because anyone with administrative access may override our implementations and prevent our access to the systems in question.
In the event that other system integrators or third parties require access to your systems, we agree to disclose only such information sufficient to allow qualified personnel administrative control of your systems. You acknowledge that once we disclose such information to you (for example, administrative system passwords), we cannot be held responsible for the integrity of your systems. Such requested disclosure may terminate, nullify, or otherwise negate and undo our provisioned services to you.
We reserve the right to claim creative authorship of any and all visual design or graphic work as our own intellectual property. We will therefore retain original artwork.
In the event of unforeseen occurrences such as natural disasters, accidents, and theft, we cannot be held liable for any loss or damage to the property temporarily in our care. In good faith, we will make efforts to recover the fair market value of the literal, physical goods from the appropriate insurance providers or carriers that we employed.
We will never deliberately and willfully destroy any data existing on any media, removable or otherwise, which is your property. Data destruction (such as reformatting disk drives) is an undesirable option, and is a practice that we avoid at all costs. If data removal or destruction is necessary for the resolution of specific system complaints, (as stipulated on our "Service Request" form), we WILL NOT INITIATE DATA DESTRUCTION or any process effecting such, without your knowledge and explicit consent.
All activities, tasks and processes performed using your business computer systems shall be limited to those expressly deemed applicable to the task of resolving complaints or faults as you have described them to us on the attached "Service Request."
Should any of the above-mentioned processes result in destruction or damage to any of your data, FOR ANY REASON WHATSOEVER, we shall not be held liable for this data or any damage thereunto.
We shall not be held responsible for destructive, harmful, counterproductive or otherwise undesirable results of activities of users operating any computer system, irrespective of whether we supervise those users or computer systems, as specified in any contract.
When we complete the service you requested, (i.e., when we resolve the system issue(s) you described on the online "Service Request" form), we always demonstrate this fact and retain proof that due consideration in the form of our time was exchanged in response to your service request.
When we successfully complete any testing exercises you have defined (on the online "Service Request" form OR we demonstrate the achievement of the completion criteria as defined in a separately executed engagement contract with due consideration, our service to you is considered completed.
We will not consider complaints of any nature against any system installed, implemented, maintained or otherwise affected by our service, after three (3) business days of your signing satisfaction on the "Service Request" form.
Any issues, "Service Requests," or complaints you submit us after three (3) business days from the end of our service will be treated as further consultation, and will be billable.
Any other contracts concluded between you and us shall be subject to and governed by all stipulations in this contract, unless otherwise explicitly specified (i.e. not implied), in writing, with references to relevant section numbers in this document, in the other contract. In particular, SLAs do not contravene--but instead supplement--these terms.
IN WITNESS WHEREOF, this Terms of Service has been made by STREAMLINES INFORMATION SYSTEMS LLC and is agreed to by the undersigned authorized Executives, Members and/or Representatives of STREAMLINES INFORMATION SYSTEMS LLC and All Internet Clients, effective as of the date indicated below.
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| All Internet Clients Executive | Date |
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| All Internet Clients Authorized Representative | Date |
2008-04-01. Applies to Streamlines Information Systems and general business arrangements for Dave Tingling and Associates.