Terms of Service
Effective Date: [4/3/2025]
Company: BLACKHAWK SOLUTIONS LLC
Website: https://www.blackhawksolution.com
Contact: support@blackhawksolution.com | 561-528-3477
1. Acceptance of Terms
By accessing, browsing, subscribing to, or using any services provided by BLACKHAWK SOLUTIONS LLC (“Company,” “we,” “us,” or “our”), whether through physical installation, remote delivery, or electronic interface, you (“Client,” “you,” or “your”) irrevocably agree to be bound in full by these Terms of Service (“Terms”). These Terms govern the full extent of our engagement with you and incorporate, by reference, our Privacy Policy, Service Level Agreements (“SLAs”), Acceptable Use Policy (“AUP”), and any formally executed Service Orders or Engagement Agreements (collectively, the “Agreement”). You further agree that your continued use of our Services shall constitute your renewed, ongoing acceptance of these Terms, regardless of any future updates or amendments.
2. Definitions
Access Information: Confidential credentials used to authenticate, access, or modify your BLACKHAWK SOLUTIONS LLC account, including usernames, passwords, API keys, or any other secure identifiers.
Account: Your registered service profile, inclusive of all settings, contact data, user access, and associated billing records maintained by BLACKHAWK SOLUTIONS LLC.
Data: All digital content, communications, files, metadata, configurations, and associated intellectual property input, generated, transmitted, or stored via our Services.
Services: All proprietary and third-party-powered hardware, software, IT support, cloud platforms, telecommunications systems, device management solutions, and consulting expertise provided directly or indirectly by BLACKHAWK SOLUTIONS LLC.
User: Any natural person authorized by you to interact with the Services.
Third-Party Service: Any service, application, platform, or vendor that is not owned or controlled by BLACKHAWK SOLUTIONS LLC.
3. Scope of Services
BLACKHAWK SOLUTIONS LLC provides a full-spectrum, white-glove approach to IT services, acting as your comprehensive technology liaison and infrastructure partner. Our deliverables may include, but are not limited to:
Deployment and removal of enterprise or residential hardware systems
End-to-end software implementation, licensing, configuration, and management
Business-grade helpdesk and field technician support
Networking architecture and cybersecurity policy enforcement
Infrastructure monitoring, backup, and disaster recovery
Procurement management and vendor coordination
Hosted VoIP, cloud communications, and server management
Strategic consulting and project-based service execution
All Services are rendered for internal, non-commercial redistribution purposes unless otherwise authorized in writing. BLACKHAWK SOLUTIONS LLC reserves the right to modify, suspend, or withdraw any aspect of the Services at any time, without liability.
4. Client Eligibility & Obligations
Services are offered to both individual and commercial entities. Clients must:
Be at least 18 years of age and possess the authority to enter into this Agreement
Maintain updated billing, technical, and administrative contact information
Promptly respond to service requests and compliance audits
Ensure all Users adhere to the Terms of this Agreement and all applicable laws
5. Access, Account Control & Security
You acknowledge and agree that you are solely responsible for maintaining the integrity, accuracy, and confidentiality of your Access Information. BLACKHAWK SOLUTIONS LLC is not liable for any unauthorized access, breaches, or data loss resulting from your failure to secure your credentials. You must immediately notify us of any unauthorized access, suspected breach, or security anomaly. We reserve the absolute right, at our sole discretion, to suspend or terminate access, disable credentials, or restrict functionality where security is compromised.
6. SMS Messaging Consent & Conditions
By providing your mobile number and opting into BLACKHAWK SOLUTIONS LLC’s communications platform, you consent to receive recurring SMS messages, including:
Critical service alerts, outages, and maintenance notifications
Billing reminders and payment confirmations
Appointment reminders, project updates, and system instructions
Internal marketing or promotional content
Message frequency may vary. Message and data rates may apply. To opt-out, reply STOP at any time. For assistance, reply HELP or contact support@blackhawksolution.com.
We do not share SMS consent data with third parties or affiliates for marketing purposes. All messaging is conducted internally and strictly in accordance with our Privacy Policy.
7. Service Commitment & Scheduling
Unless explicitly bound by a custom SLA, all services are offered on a best-effort basis without guaranteed response or resolution times. Clients must:
Provide at least 24 hours’ notice for cancellations or reschedules
Accept that missed or late cancellations may incur full-service fees
Coordinate on-site visits and ensure availability for access and compliance checks
8. Billing, Charges & Payment Terms
Invoicing: All charges are billed upon delivery or per the agreed billing cycle. Services are due upon receipt unless otherwise outlined in a Net 30 arrangement.
Late Payments: Failure to remit payment within 15 days of invoice date shall result in interest accrual at the greater of 18% annualized or $25 per incident, plus collection and legal costs.
Service Suspension: BLACKHAWK SOLUTIONS LLC reserves the right to suspend or downgrade services for non-payment without liability.
Pro-Rata & Feature Charges: Mid-cycle service upgrades or usage surges will be billed accordingly.
Disputes: Disputed charges must be reported in writing within 30 days. Failure to do so constitutes irrevocable acceptance.
9. Term, Renewal & Termination
Term: This Agreement remains in force from date of signature until explicitly terminated.
Renewal: Service agreements auto-renew in 36-month increments unless terminated with 30 days’ prior written notice.
Client Termination: You may terminate upon compliance with written termination procedures.
Our Right to Terminate: BLACKHAWK SOLUTIONS LLC may terminate any client engagement immediately, with or without cause, and without refund, for breach, abuse, or at our discretion.
Data Retention: Following termination, all client data will be permanently deleted within 14 calendar days.
10. Acceptable Use & Compliance
You agree to:
Use services strictly for lawful, internal business purposes
Not store PHI without a signed BAA
Not reverse engineer, redistribute, or sub-license services
Comply with applicable U.S. and international technology laws, regulations, and export controls
Violations may result in suspension, legal action, and full financial liability.
11. Data Control, Backups & Feedback
Client Responsibility: You are solely responsible for the legality, accuracy, and integrity of all data you input or transmit
Backups: BLACKHAWK SOLUTIONS LLC is not responsible for retaining your data post-termination unless stated in writing
Feedback License: Any insights, recommendations, or testimonials you provide may be used by us for any purpose without compensation
12. Confidentiality
Both parties shall implement and uphold commercially reasonable safeguards to protect all Confidential Information. You agree not to disclose, replicate, or misuse any proprietary information provided under this Agreement.
13. Ownership & Intellectual Property
All technology, platforms, trademarks, content, scripts, automation systems, and custom-developed software remain the sole and exclusive property of BLACKHAWK SOLUTIONS LLC. No ownership is granted by this Agreement.
14. Limitation of Liability
BLACKHAWK SOLUTIONS LLC PROVIDES ALL SERVICES ON AN “AS-IS” BASIS AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL BLACKHAWK SOLUTIONS LLC BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DATA LOSS, DOWNTIME, LOST REVENUE, OR SECURITY BREACHES CAUSED BY THIRD PARTIES.
Total liability shall be limited to the lesser of fees paid in the prior 90 days or SLA remedies.
15. Third-Party Platforms
By integrating third-party tools (e.g. RingCentral, Microsoft, Amazon), you acknowledge those platforms are governed by separate terms. We assume no liability for failures, data exposure, or misconduct by those providers.
16. Indemnification
You agree to defend, indemnify, and hold harmless BLACKHAWK SOLUTIONS LLC, its officers, affiliates, subcontractors, and staff from any claims, liabilities, or damages arising from:
Your use or misuse of the Services
Breach of contract
Violation of applicable law
Security breaches due to user negligence
17. Modifications
BLACKHAWK SOLUTIONS LLC may update or revise these Terms at any time without prior notice. Your continued use of the Services shall be deemed full acceptance of all modifications.
18. Legal Venue & Disputes
This Agreement is governed by the laws of the State of Florida. Any disputes arising hereunder shall be resolved exclusively in the courts of Palm Beach County, Florida. You waive the right to trial by jury and agree to reimburse us for legal costs if we prevail.
19. Miscellaneous Provisions
Force Majeure: We are not responsible for delays due to acts of God, war, regulatory mandates, or global pandemics
No Assignment: You may not transfer this agreement without our written consent
Independent Contractors: No agency, partnership, or joint venture is formed by this Agreement
Survival: All clauses regarding payment, liability, intellectual property, data, and indemnification survive termination
For our Privacy Policy, visit: https://www.blackhawksolution.com/privacy_policy
For these Terms of Service, visit: https://www.blackhawksolution.com/TOS
