Terms & Conditions

Effective Date: August 20, 2020
Last Updated: August 23, 2026

These Terms & Conditions (“Terms”) govern your access to and use of pacificET.com (the “Website”) and, where incorporated into a proposal, order, statement of work, managed services agreement, or other written agreement, certain services provided by Pacific Edge Technologies (“PacificET,” “we,” “us,” or “our”).

By accessing the Website or engaging PacificET for services, you agree to these Terms to the extent applicable.

1. About Pacific Edge Technologies

Pacific Edge Technologies, also referred to as PacificET, provides business technology consulting and professional IT services, which may include services relating to:

• Network architecture and modernization
• Firewall deployment and migration
• Cybersecurity assessments and security hardening
• Office network deployments
• Wireless networking
• Cloud infrastructure
• Hybrid-cloud migration
• Microsoft 365 migration and tenant hardening
• Backup and disaster recovery
• Regulatory compliance and audit readiness
• Infrastructure troubleshooting and remediation
• Ongoing management of agreed technology systems
• Related professional technology services

The precise services provided to a customer will be determined by the applicable proposal, statement of work (“SOW”), order form, managed services agreement, or other written agreement.

2. Relationship Between These Terms and Service Agreements

These Terms provide general terms applicable to pacificET.com and our services.

Specific engagements may also be governed by a separate:

• Proposal
• Quote
• Order form
• Statement of work
• Master services agreement
• Managed services agreement
• Service Level Agreement
• Data processing agreement
• Vendor agreement

If there is a conflict between these Terms and a separately executed written agreement, the separately executed agreement will control with respect to the conflicting provision.

3. Proposals and Statements of Work

Project scope, deliverables, pricing, assumptions, timelines, responsibilities, and exclusions may be described in a written proposal or SOW.

Unless expressly stated otherwise:

• Work outside the agreed scope may require a change order or additional fees.
• Project schedules are estimates and may depend on customer responsiveness, third-party vendors, equipment availability, licensing, Internet service providers, and other external factors.
• Material changes requested after work begins may affect price and completion dates.
• Verbal discussions do not modify an executed SOW unless confirmed in writing by authorized representatives.

4. Customer Responsibilities

Successful delivery of technology services requires cooperation from the customer.

Customers are responsible for providing, when reasonably necessary:

• Accurate information concerning their systems and business requirements
• Timely access to facilities, equipment, systems, accounts, and personnel
• Administrative credentials or appropriate delegated access
• Current licensing and subscription information
• Appropriate backups before significant system modifications where applicable
• Timely approvals and decisions
• A designated project or business contact
• Access to relevant third-party vendors
• Accurate descriptions of known incidents, problems, or security concerns

Delays caused by unavailable access, incomplete information, customer-requested changes, or third parties may affect project timelines and are not considered a failure by PacificET to perform.

5. Authorization to Perform Technology Services

By requesting or authorizing work, the customer represents that it has the legal authority to authorize PacificET to access and modify the applicable networks, devices, accounts, cloud environments, software, and information systems.

The customer authorizes us to make configurations and changes reasonably necessary to perform the agreed services.

Certain changes to IT environments inherently involve risk, including temporary outages, compatibility issues, configuration changes, or unexpected system behavior. We will use commercially reasonable care when performing authorized work but cannot eliminate all technical risk.

6. Third-Party Products and Services

Many technology solutions rely on products or services provided by third parties, including:

• Internet service providers
• Telecommunications companies
• Cloud platforms
• Microsoft
• Hardware manufacturers
• Security vendors
• Software providers
• Backup providers
• Data centers
• Domain registrars
• Distributors
• Licensing providers

Third-party products and services may be subject to separate contracts, license agreements, acceptable-use policies, privacy policies, warranties, and fees imposed by those providers.

PacificET does not control third-party services and is not responsible for outages, vulnerabilities, defects, pricing changes, licensing changes, discontinuations, or other acts or omissions of third parties outside our reasonable control.

7. Cybersecurity Services

PacificET may provide cybersecurity assessments, recommendations, configurations, monitoring, or remediation services.

No cybersecurity provider can guarantee that a customer will never experience:

• Malware
• Ransomware
• Phishing
• Credential theft
• Unauthorized access
• Data loss
• Zero-day vulnerabilities
• Insider threats
• Supply-chain compromise
• Other cybersecurity incidents

Security recommendations reduce risk but cannot eliminate it.

Customers remain responsible for maintaining appropriate organizational policies, employee training, cyber insurance, legal compliance, and any security measures that are outside the scope of services contracted with PacificET.

8. Regulatory Compliance

PacificET may assist customers with technical controls, documentation, assessments, remediation, and preparation relating to regulatory or industry standards.

Unless expressly agreed otherwise in writing, our services do not constitute legal advice, formal certification, or a guarantee that an organization complies with any particular law, regulation, framework, or contractual requirement.

Final determinations concerning legal or regulatory compliance should be made with appropriate legal, compliance, or auditing professionals.

9. Backup and Disaster Recovery

Where PacificET provides backup or disaster-recovery services, the configuration, retention, frequency, recovery objectives, covered systems, and testing requirements will be defined by the applicable service agreement.

Customers acknowledge that successful restoration may depend on:

• The integrity of backup data
• Third-party infrastructure
• Available bandwidth
• Hardware availability
• Software compatibility
• Credentials and encryption keys
• The nature of the underlying incident

Unless expressly stated in an applicable written agreement, no specific recovery point objective (“RPO”), recovery time objective (“RTO”), or restoration time is guaranteed.

10. Fees and Payment

Service fees will be specified in the applicable proposal, invoice, subscription, or service agreement.

Unless otherwise agreed:

• Invoices are due according to the payment terms shown on the invoice.
• Customer is responsible for applicable taxes, fees, licenses, and third-party charges.
• Hardware, software, subscriptions, licenses, cloud usage, shipping, and similar external costs may be billed separately.
• Past-due balances may result in suspension of non-critical services where permitted by contract and law.
• Customer remains responsible for properly incurred charges through the effective date of termination.

Recurring third-party subscriptions may be subject to the cancellation and refund policies of the applicable provider.

11. Intellectual Property

PacificET retains ownership of its pre-existing intellectual property, including:

• Processes
• Templates
• Documentation formats
• Scripts
• Automation methods
• Configuration methodologies
• Tools
• Software
• Know-how
• Reusable technical materials

Upon full payment, the customer may use customer-specific deliverables created expressly for that customer as contemplated by the applicable agreement.

Third-party software and intellectual property remain subject to the applicable third-party licenses.

12. Confidentiality

Each party may receive non-public information from the other in connection with a project or service relationship.

Each party agrees to use commercially reasonable measures to protect confidential information and to use it only for legitimate purposes relating to the business relationship.

Confidential information does not include information that:

• Is publicly available through no breach of obligation
• Was already lawfully known to the receiving party
• Is independently developed without use of confidential information
• Is lawfully received from another source without confidentiality restrictions
• Must be disclosed pursuant to law or valid legal process

Additional confidentiality obligations may be established in a separate agreement.

13. Acceptable Use

Customers may not use PacificET services, infrastructure, accounts, or access to:

• Violate applicable law
• Gain unauthorized access to systems or data
• Distribute malware
• Conduct unlawful surveillance
• Send unlawful spam
• Facilitate fraud
• Infringe intellectual property rights
• Interfere with networks or services
• Engage in activities that place PacificET or its providers at unreasonable legal, security, or operational risk

We may refuse or discontinue work that we reasonably believe is unlawful, fraudulent, malicious, or unsafe.

14. Website Content

Information presented on pacificET.com is provided for general informational purposes.

Technology recommendations, security guidance, product descriptions, service descriptions, articles, and other content should not be interpreted as a substitute for an assessment of your specific environment.

We may modify Website content, service descriptions, pricing, or availability without notice.

15. Mobile Messaging Program

Omni Shop & Co LLC and its affiliates (“We” or “Us”) are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these SMS Marketing Terms and Conditions (the “Terms”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US.

User Opt In

Program allows users to receive SMS/MMS mobile messages or other marketing and informational communications by opting into the Program, such as through online or application-based enrollment forms or by texting a keyword to one of our phone numbers (such as a traditional 10-digit phone number or a toll-free number) or “short codes” (a 5 or 6-digit number that We use to exchange SMS/MMS with you), to which you may need to respond to confirm your opt-in. Regardless of the opt-in method you used to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive text messages, including automated text messages, at the phone number associated with your opt-in, and you understand that consent to these terms is not required to make any purchase from Us. While you consent to receive messages and calls sent using an autodialer, this shall not be interpreted to suggest or imply that any of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”), and you and We agree that the system we use to send Our messages is not an ATDS.

User Opt Out

If you do not wish to continue participating in the Program or no longer agree to these Terms, you agree to reply STOP, UNSUBSCRIBE, REMOVE, CANCEL, END, QUIT, OPT OUT or ARRET to any mobile message from Us to opt out of the Program. You may receive one additional mobile message confirming your decision to opt out. You understand and agree that these opt-out options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Support Instructions

For support regarding the Program, text “HELP” in reply to the message you received from Us, or send Us an email at info@pacificet.com. For further opt-out support, please contact our SMS platform provider, SlickText, at support@slicktext.com.

Cost and Frequency

Although We do not charge you for our messages, message and data rates may apply from your wireless carrier. The Program involves recurring mobile messages, which may vary in frequency based on, among other factors, your level of interaction with Us.

MMS Disclosure

The Program will attempt to send SMS MTs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty

The Program is offered on an “as-is” basis and may not be always available in all areas and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

SMS Privacy Policy

The Privacy Policy can be found at https://slk1.io/51pt.

16. No Guarantee of Specific Business Outcomes

We aim to deliver reliable, secure, and well-designed technology solutions. However, unless expressly stated in a written agreement, we do not guarantee a specific financial result, increase in revenue, reduction in operating costs, level of productivity, cybersecurity outcome, regulatory outcome, or other business result.

17. Warranties

PacificET will perform professional services using commercially reasonable care and skill.

Except for warranties expressly provided in a written agreement, and to the maximum extent permitted by law, pacificET.com and our services are provided without additional express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Any manufacturer or third-party product warranty is provided by the applicable manufacturer or vendor rather than PacificET unless expressly stated otherwise.

18. Limitation of Liability

To the maximum extent permitted by applicable law, PacificET will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, loss of business opportunity, or loss of goodwill, arising from or relating to the Website or services.

Except where prohibited by law or otherwise specified in a written agreement, PacificET’s aggregate liability relating to a particular service engagement will not exceed the amounts paid to PacificET for the services giving rise to the claim during the twelve months preceding the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

19. Events Outside Our Reasonable Control

PacificET will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including:

• Internet or telecommunications outages
• Utility failures
• Cloud-provider outages
• Manufacturer or distributor delays
• Natural disasters
• Fires
• Severe weather
• Government actions
• Labor disruptions
• Cyberattacks affecting third parties
• Supply-chain disruptions
• Widespread software or infrastructure failures
• Other force majeure events

20. Termination and Suspension

Service relationships may be terminated according to the applicable service agreement.

We may suspend access to services when reasonably necessary to:

• Protect customer systems
• Respond to a security incident
• Prevent unlawful activity
• Protect PacificET infrastructure
• Address material non-payment
• Comply with law
• Prevent imminent harm to systems or third parties

Where reasonably practicable, we will attempt to communicate with the customer before a non-emergency suspension.

21. Privacy

Our collection and use of personal information is governed by our Privacy Policy, available through pacificET.com, and incorporated into these Terms by reference where applicable.

22. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Unless a separate written agreement provides otherwise, disputes arising from these Terms or our services will be subject to the jurisdiction of the appropriate state or federal courts located in San Diego County, California.

23. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

24. No Waiver

A failure by PacificET to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

25. Changes to These Terms

We may update these Terms periodically.

The current version will be posted on pacificET.com and will identify its effective date and last revision date.

Changes will apply prospectively unless otherwise required by law or agreed in writing.

26. Contact

Questions regarding these Terms may be directed to:

Pacific Edge Technologies
San Diego, California

Website: pacificET.com
Email: info@pacificET.com
Phone: [BUSINESS PHONE NUMBER]