TERMS OF SERVICE
PlanetMagpie provides IT consulting, IT support, digital marketing services, hardware/software procurement, and cloud hosting services to customers throughout the United States and Europe. These Terms of Service represent the most up-to-date service policies for customer accounts and supersede the terms of customer quotes/agreements once beyond their initial service period.
Warranties
PlanetMagpie declares and warrants that its work product does not and will not knowingly: (a) violate any law or regulation, including and without limitation the laws and regulations governing export control; (b) be defamatory or libelous; (c) be pornographic or obscene; or (d) contain any viruses, Trojan horses, worms, time bombs, ransomware, or other computer programming devices which are intended to damage a user's system or data or prevent the user from using same.
PlanetMagpie further declares and warrants that (a) it will use commercially reasonable efforts to insure the work product will substantially conform to the work specified in the applicable quote/agreement for a period of thirty (30) days after testing, provided that customer makes no changes to the work product specified in the quote/agreement, the server, the hardware or any relevant technology that may alter the work product in a manner inconsistent with the quote/agreement. Should additional service be required to support the work product that is not provisioned for in the customer quote/agreement after this period of thirty (30) days, PlanetMagpie shall make either a new quote/agreement with the customer or re-negotiate the existing terms of the quote/agreement to include the new service(s).
PlanetMagpie does not warrant that the delivered work product will operate in conditions other than as specified, or that the operation of the delivered work product will be uninterrupted or error-free.
Confidentiality/Proprietary Information
PlanetMagpie acknowledges that customer's business data, proprietary information, confidential processes, and proprietary systems, whether developed by customer or being used by customer, is confidential and reserved to customer only. PlanetMagpie shall receive all said proprietary information in confidence and shall not, except as required in the conduct of customer's business and with authorization in writing by customer, publish, disclose or authorize anyone else to publish, disclose or make use of said proprietary information. Prohibition as to publication and disclosure shall not restrict PlanetMagpie in the exercise of its technical services providing that the exercise of said services shall not involve the disclosure to others of information considered sensitive or proprietary to customer.
Pricing Policy
PlanetMagpie reserves the right to increase rates for contracted services on an annual basis or when first allowed by the terms of a customer quote, in order to respond to market changes.
Termination of Services
Customers agree to make appropriate payment for PlanetMagpie goods and services rendered within the schedule specified in their quote/agreement. Failure to make any payment due under their quote/agreement within the terms specified will be grounds for suspension of services, or full termination, at the option of PlanetMagpie.
If Customer wishes to terminate PlanetMagpie’s services, 30 days’ notice is required with a written statement requesting same, mailed to Business Office, PlanetMagpie, 2762 Bayview Drive, Fremont, California 94538, or to the Business Office email at businesoffice@planetmagpie.com from the individual at the company with authority to enter into and terminate contracts on its behalf. If by email, a confirming email response from PlanetMagpie is required in order to start the 30-day termination.