Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
How does Touch Support collect information from you?
Touch Support collects information from you when you send it to us directly by filling out forms on the website, such as the contact form or our Live Chat link. We also collect information from you when you browse our website and use the software defined in the Third Party Data Processors section.
All data described below is processed for the purpose of Touch Support’s legitimate interests to provide customer support, to protect the security of your account, and to provide you with important information and updates.
What information do we collect about you?
Touch Support may collect information from you which may be personally identifiable such as personal names, telephone numbers, physical addresses, email addresses, payment information, as well as similar information concerning technical contacts, marketing contacts, and executive contacts within your company or organisation.
If you communicate with us, we collect information relating to that communication whether it takes the form of email, forum posting, testimonials or any other form of communication between you and Touch Support or submitted by you to our team.
How does Touch Support use the information it collects?
Touch Support processes the information visitors provide about themselves for the legal basis of legitimate interest to fulfil those visitors’ requests, provide you with customer and technical support and to communicate with you about your account and our products and services. You may update your personal Information with us or ask for removal (if no longer an active customer), otherwise we may maintain records of personal Information you disclose to us indefinitely.
Touch Support may use collected information to maintain, evaluate, and improve our quality of service.
We do not and will not sell or rent this information to third parties, we may use the details you supply and upload to a third party data processor as defined below.
We may maintain records of User Communications you transmit to us indefinitely.
Cookies are pieces of data stored on your hard drive concerning a current or previous web experience, such as a username/password combination used to gain access to some areas of the website or other services. We may use a cookie to record previously established interests and preferences (via data submitted to us) so as to enhance the experience whilst using our website.
Touch Support uses the following types of cookies:
Strictly Necessary: These cookies enable our Website to function correctly and deliver the services and products you have requested.
Performance & Functionality: These cookies are used to enhance the performance and functionality of the Website but are non-essential to their use (for example, these cookies remember your preferences on the Website).
Analytical: These cookies collect information that is used either in aggregate form to help Touch Support understand how the website is being used. In particular Touch Support uses the Google Analytics cookies. If you do not wish to allow the use of Google Analytics cookies at all, Google provides an opt-out plug-in for most common Website browsers – https://tools.google.com/dlpage/gaoptout.
You may deactivate cookies in your web browser, or reject the creation of a cookie depending on your personal preferences. If you do so then our website functionality may be compromised and certain services may not be available.
Where is your data stored?
The website services are hosted by iThemes.
Customer data such as personal names, support requests, telephone numbers, phone call recordings, physical addresses, email addresses, and payment information is stored in our GDPR Compliant Billing system hosted within Server Central.
Access to your information and correction
You have the right to ask us not to process your personal data for marketing purposes. We will request consent (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise this right at any time by contacting us via our contact us page.
If you reside in the European Union, you have the right under the General Data Protection Regulation (GDPR) to request a copy for the information that we hold about you. We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information that you think is inaccurate. If you would like a copy of some or all of your personal information, please email us. If you do not live in the European Union but you believe you have a right to restriction of processing or a right to object to processing under your local laws, please contact us via our contact page.
Third party data processors that Touch Support uses
We use a number of third parties to process personal data on our behalf, these are:
Atlassian – https://www.atlassian.com/legal/privacy-policy
Some personal data may be stored to aid in the tracking of issues and feature requests.
Google – https://www.google.com/intl/en-GB/policies/privacy/
This Website uses Google Analytics to track user interaction. We use this data to determine the number of people using our site, to better understand how they find and use our web pages and to see their journey through the Website.
Mailchimp – https://mailchimp.com/legal/privacy/
Mailchimp is used to send emails to our clients on product updates and other related emails.
LiveChat Inc. – https://www.livechatinc.com/general-data-protection-regulation/
Live Chat Inc. is used to provide technical support to end users and communicate in real time with our clients.
Caldera Forms – https://calderaforms.com/gdpr/
Caldera Forms is a contact form plugin that allows us to directly communicate with our clients.
Terms of Service
Thanks for using our products and services! By using our services, you are agreeing to these terms. Please read them carefully.
Our services are very diverse, so sometimes additional terms or requirements may apply. Additional terms will be available with the relevant services, and those additional terms become part of your agreement with us if you use those services.
Section A: VPS & Public Cloud
Section B: Dedicated & Private Cloud
Section C: Equipment Rental & Lease-to-Own
Section D: Colocation
Section E: Professional & System Administration Services
Section F: End-User / White-Label Support
All information provided to Touch Support is properly stored and handled at all times by authorized Touch Support staff members only. Customer agrees to indemnify the Company on account of the unlikely compromise of the Customer’s vital information.
Touch Support, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Touch Support, or divulge, disclose, or communicate in any manner, any information that is proprietary to you. Touch Support and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of services.
All information provided to Touch Support is properly stored and handled at all times by authorized Touch Support staff members only. Customer agrees to indemnify the Company on account of the unlikely compromise of the Customer’s vital information.
Confidential Information Obligations
Confidential Information. In connection with this Agreement, each party (as the “Disclosing Party”) may disclose or make available Confidential Information to the other party (as the “Receiving Party”). Subject to the section entitled Exclusions below, “Confidential Information” means information in any form or medium (whether oral, written, electronic or other) that the Disclosing Party considers confidential or proprietary, including information consisting of or relating to the Disclosing Party’s technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and information with respect to which the Disclosing Party has contractual or other confidentiality obligations, in each case whether or not marked, designated or otherwise identified as “confidential”. Without limiting the foregoing, all information related to Customer’s customers and users is the Confidential Information of Customer.
Exclusions. Confidential Information does not include information that: (a) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information’s being disclosed or made available to the Receiving Party in connection with this Agreement; (b) was or becomes generally known by the public other than by the Receiving Party’s or any of its Representatives’ noncompliance with this Agreement; (c) was or is received by the Receiving Party on a non-confidential basis from a third party that, to the Receiving Party’s knowledge, was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (d) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information.
Protection of Confidential Information. As a condition to being provided with any disclosure of or access to Confidential Information, during the term of this Agreement, the Receiving Party shall: (a) not access or use Confidential Information other than as necessary to exercise its rights or perform its obligations under and in accordance with this Agreement; (b) except as may be permitted by and subject to its compliance with the section entitled Compelled Disclosure set forth below, not disclose or permit access to Confidential Information other than to its Representatives who: (i) need to know such Confidential Information for purposes of the Receiving Party’s exercise of its rights or performance of its obligations under and in accordance with this Agreement; (ii) have been informed of the confidential nature of the Confidential Information and the Receiving Party’s obligations under this section; and (iii) are bound by written confidentiality and restricted use obligations at least as protective of the Confidential Information as the terms set forth in this section; (c) safeguard the Confidential Information from unauthorized use, access or disclosure using at least the degree of care it uses to protect its similarly sensitive information and in no event less than a reasonable degree of care; and (d) ensure its Representatives’ compliance with, and be responsible and liable for any of its Representatives’ non-compliance with, the terms of this Confidential Information Obligations.
Compelled Disclosures. If the Receiving Party or any of its Representatives is compelled by applicable law to disclose any Confidential Information then, to the extent permitted by applicable law, the Receiving Party shall: (a) promptly, and prior to such disclosure, notify the Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective order or other remedy or waive its rights under the Protection of provision entitled Confidential Information above; and (b) provide reasonable assistance to the Disclosing Party, at the Disclosing Party’s sole cost and expense, in opposing such disclosure or seeking a protective order or other limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and assistance required under this section, the Receiving Party remains required by law to disclose any Confidential Information, the Receiving Party shall disclose only that portion of the Confidential Information that, on the advice of the Receiving Party’s legal counsel, the Receiving Party is legally required to disclose.
Customer agrees that it will protect, indemnify, save and hold Touch Support harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against Touch Support its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Touch Support harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Touch Support; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Touch Support.
Payments and Fees
Establishment of this service is dependent upon receipt by Touch Support of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service, unless otherwise noted.
Failure to Pay
Touch Support may suspend, restrict, or cancel services and this agreement, without notice, if you do not make payments for current or prior invoices by the required due date. Such termination or denial will not relieve you of responsibility for the full payment of all accrued charges. Service will be interrupted on accounts immediately that do not provide payment on the due date. Early notification is suggested to prevent such interruption in service.
Reactivating services following a suspension, termination or expiration will result in a reactivation charge payable by Customer prior to service(s) reactivation in the amount of $75.00.
Cancellations and Refunds
Setup fees and one-time services are NON-REFUNDABLE under any circumstance, unless deemed appropriate by Touch Support. Monthly service charges will not be refunded if the refund is requested after the due date.
No support will be given to these services, unless otherwise noted, including troubleshooting any problems that occur caused by the services, unless Touch Support so chooses. Touch Support reserves the right to refuse additional support.
THIS AGREEMENT WILL AUTOMATICALLY RENEW FOR 12 MONTHS UNLESS EITHER PARTY PROVIDES THE OTHER WRITTEN NOTICE OF TERMINATION OF AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THIS TERM. DURING ANY RENEWAL TERM, THE TERMS, CONDITIONS AND PROVISIONS SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT.
Service Level Agreements
The Service Level Agreement(s) set out at http://touchsupport.com/legal are part of the Agreement, as applicable to the Services specified in your Order (“Cloud SLAs”).
Limitations on Credits
Notwithstanding anything in this Agreement to the contrary, the maximum total credit for any calendar month for failure to meet Service Level Guarantees under the Agreement, including all guarantees, shall not exceed one hundred percent (100%) of your monthly recurring fee for the affected cloud Services. Credits that would be available but for any limitation on credits will not be carried forward to future months.
You are not entitled to a credit under any Service Level Agreement for downtime or outages resulting from Maintenance. For purposes of the Agreement, Maintenance shall mean:
Scheduled maintenance – repairs, modifications, or upgrades announced at least seventy two (72) hours in advance;
Scheduled customer maintenance – maintenance of your configuration that you request and that we schedule with you in advance (either on a case by case basis, or based on standing instructions), such as hardware or software upgrades;
Emergency maintenance – critical unforeseen maintenance needed for the security or performance of your configuration or Touch Support’s network.
You are not entitled to a credit under any Service Level Agreement for downtime or outages resulting from:
External factors or circumstances outside of our control, including denial of service attacks, virus attacks, hacking attempts and spikes in network traffic or application utilization;
A change which you effect or request which results in downtime or outages or interferes with our ability to provide the Services;
Deficiencies, bugs or errors in your application, application code, data structures, system software, operating system, or any vendor supplied patches;
Any unsupported third party products or third party services (or their interaction with the Services);
Any action we take which we reasonably believe is necessary to protect you, the Touch Support network or our other customers.
You are not entitled to a credit under any Service Level Agreement if you are in breach of your Agreement with Touch Support (including your payment obligations to Touch Support) at the time of the occurrence of the event giving rise to the credit until you have cured the breach. You are not entitled to a credit if event giving rise to the credit would not have occurred but for your breach of your Agreement with Touch Support or your misuse of the Services.
You must request a credit via support ticket in the Touch Support portal within thirty (30) days following the occurrence of the event giving rise to the credit. If the claim is approved, the credit will be applied during the next billing cycle following approval. You must show that your use of the Service to which the applicable Service Level Guarantee applies was adversely affected in some way as a result of the downtime or outage to be eligible for the credit.
For the purpose of determining whether a credit is due, time periods will be measured from the timestamp generated by our ticket system, the time an interruption is recorded in our monitoring system, until network availability is restored or the affected device is powered back on, as applicable. You may open a support ticket to document the start time for a support request or other incident, or if you contact us by telephone to request support, we will open a ticket. If you contact us by phone, there may be a delay between the time of the call and the time we open a ticket.
Term and renewal
The initial term for each Order begins on the date that we make the Services available for your use and continues for the period stated in the Order. If no period is stated in the Order, then the initial term shall be one (1) month. Upon expiration of the initial term, the Order will automatically renew for successive renewal terms of one (1) month each, unless and until one of us gives the other a written notice of non-renewal prior to the expiration of the initial term (or then-current renewal term, as applicable) following the process in Sub-section
You must follow Touch Support’s non-renewal process accessible from the Touch Support cloud control panel to give effective notice of non-renewal. All notices of non-renewal you may give that are outside of that process, including, but not limited to, notices given by telephone, email, or ticket, shall be deemed invalid. Before the effective date of the termination of the Agreement, you should retrieve a copy of the Customer Data and delete Customer Data from the Hosted System. Upon the effective date of termination you will no longer have access to the Hosted System.
For avoidance of doubt these Cloud Terms of Service, excluding the Service Level Agreement, shall continue to apply following your notice of non-renewal until the effective date of termination. You will not have access to your data stored on the Services during a suspension or following termination or expiration. You acknowledge that if you terminate the Services or delete instances through your Control Panel, API or other means, that the data contained thereon will no longer be recoverable.
Additional fees may apply to customers under Cloud Commitment or similar arrangements.
Termination by Customer
All cancellation requests must be received by Touch Support at least thirty (30) days prior to your account renewal. Cancellation requests must be submitted by an authorized account contact. Upon receipt of your notice of termination, your account will be terminated and you will not be liable for any future service fees. By terminating your service, you agree that you have received all services, rights, and other obligations owed to you by Touch Support under this Agreement.
You agree and understand that temporary interruptions may occur as normal events in the provision of service. Under no circumstances shall Touch Support be held liable for any financial or other damages due to such service interruptions.
You agree that Touch Support is not responsible for any delay or failure in performance due to events outside Touch Support’s reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control.
We have no tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any Touch Support customer exhibiting a pattern of abusive behavior towards our company and/or service we provide and/or our employees will result in account termination without refund. Threats to slander, libel, etc., are all considered forms of abuse and could result in immediate account termination without refund.
Threats to slander, libel, etc., are all considered forms of abuse and could result in immediate account termination without refund.
Pass through warranties; Third-party software
With respect to all third-party software or hardware products and services purchased by Touch Support for Customer in connection with this agreement, Touch Support shall pass through or assign to Customer the rights Touch Support obtains from the vendors of such products and services (including warranty and indemnification rights), all to the extent that such rights may be reasonably obtained from the corresponding third party.
If such assignment of pass-through warranties and indemnities reasonably acceptable to Touch Support are not available from such vendors whose products or services are dedicated to Customer, then Touch Support will discuss the matter with Customer prior to engaging the particular vendor, and both parties shall mutually determine to either accept the terms available from such vendor, in which case Touch Support will enforce the applicable warranty or indemnity on behalf of Customer (not to include any obligation to initiate litigation or formal dispute resolution), or deal with another vendor of comparable products or services that will provide warranties and indemnities reasonably acceptable to Customer.
In the event of a third-party software or hardware nonconformance under such assigned warranties, Provider will coordinate with, and be the point of contact for resolution of the problem through, the applicable vendor and, upon becoming aware of a problem, will notify such vendor and will use Commercially ReasonableEfforts to cause such vendor to promptly repair or replace the nonconforming item in accordance with such vendor’s corresponding warranty.
Without diminishing its other obligations under the agreement, if any warranties or indemnities may not be passed through, Touch Support shall, upon the request of Customer, take commercially reasonable action to enforce (not to include any obligation to initiate litigation or formal dispute resolution) any applicable warranty or indemnity that is (i) reasonably relevant and applicable to the nonconforming software product or service and (ii) enforceable by Touch Support in its own name.
NON-SOLICITATION OF SUPPLIERS AND VENDORS
Customer agrees that during the Employment Period and the Survival Period Customer may not, directly or indirectly through any other individual, person or entity, solicit, persuade or induce any individual, person or entity which is, or at any time during the Employment Period was, a supplier of any product or service to Touch Support, Inc., or vendor of the Touch Support, Inc. (whether as a distributor, agent, commission agent, employee or otherwise), to terminate, reduce or refrain from renewing or extending his, her or its contractual or other relationship with Touch Support, Inc.
HIRING OF TOUCH SUPPORT, INC. SUPPLIERS, VENDORS, AND PERSONNEL AFTER TERMINATION OF THIS AGREEMENT
If Customer hires any existing or former Touch Support, Inc., Supplier, Vendor, and Personnel, in any capacity, within two calendar years following the termination of this agreement, then Customer agrees to immediately pay Touch Support, Inc. a non-refundable placement fee of $27,000 per Touch Support, Inc. personnel hired.
Errors and Omissions
We make every reasonable effort to ensure the accuracy and validity of the information provided in quotes, proposals and on our website. However, as policies, price points, dates, conditions, and information are continually changing, we reserve the right to change at any time without notice, information contained in unsigned quotes, proposals and on our website and we make no warranties or representations as to its accuracy.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY, RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIM OF LIABILITY UNDER THIS CONTRACT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE 3 MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Governing Law and Venue
This Agreement and any SOW under it are governed by the laws of the State of Illinois, excluding its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods and its related instruments will not apply. Any legal action or proceeding arising under this Agreement will be brought either in the federal court in Illinois or state courts located in Illinois and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
Last updated on February 28, 2019.