You can find all documents and policies below. Terms and Conditions must be signed before work can begin. Contractors must sign the Contractor Agreement and Non-Disclosure Agreement before they can begin work. Managed work will receive a customized SLA (service level agreement) to be signed before service begins. Managed Data services will receive a Data Backup Policy to be signed before work begins.
Agreement and Contact Information
- These Terms and Conditions (“Agreement”) govern the services provided by Merlin Tech Solutions LLC (“Company,” “we,” “us,” or “our”) to the client (“Client,” “you,” or “your”).
- We operate the website merlintechsolutions.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”). All disputes and legal questions should be submitted in writing to contact@merlintechsolutions.com.
- You agree that by engaging with our Services, you have read, understood, and agreed to be bound by all these Legal Terms.
- The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
- Agreement and Contact Information
- Contract Downloads
- Privacy and Cookie Policy
- Intellectual Property Rights Policy
- Review Policy
- Service Use and Content Policy
- Disclaimer
Privacy and Cookie Policy
Privacy Policy
Last updated 11/7/2024
This privacy policy explains how we collect, use, and protect your personal information. By using our services, you agree to the terms outlined in this policy.
Information We Collect
We collect personal information that is necessary for the provision of our services. This may include, but is not limited to, your name, email address, phone number, company name, and any other details you provide when contacting us or using our services. The collection of personal data occurs when you interact with us, sign up for our services, or communicate with our team.
How We Use Your Information
We use the personal information we collect to provide, maintain, and improve our services, communicate with you about your inquiries or orders, and process transactions. In some cases, we may use your personal information to send you marketing communications, if you have consented to receive such information.
Data Protection and Security
We respect your privacy and will take appropriate measures to protect your personal information. This includes using industry-standard security protocols to ensure that your data is handled with the utmost care. We store your personal information securely and take steps to prevent unauthorized access, use, or disclosure.
Sharing Your Information
In certain situations, we may share your personal information with third parties who are involved in delivering our services. These may include service providers, contractors, or affiliates who assist us in carrying out our business operations. We ensure that all third parties we work with comply with our privacy standards and that your data is protected.
We do not sell or rent your personal information to third parties. However, we may disclose your personal information if required to do so by law, regulation, or legal process, or if necessary to protect our rights or the rights of others.
Your Rights
You have the right to access, correct, or request the deletion of your personal information. If you wish to make such a request, please contact us using the contact information provided above. You also have the right to object to our processing of your personal information, though this may affect the services we can provide.
Changes to This Policy
We may update this privacy policy from time to time. If we make any changes, we will update the date at the top of this policy. We encourage you to review the policy periodically to stay informed about how we are protecting your personal information.
Cookie Policy
Last Updated 11/7/2024
This Cookie Policy explains how we use cookies and similar tracking technologies to enhance your experience while using our services. By continuing to use our website or services, you consent to the use of cookies in accordance with this policy.
What Are Cookies?
Cookies are small text files that are placed on your device when you visit our website. They help us recognize your device and remember your preferences and actions over time. Cookies can be used for a variety of purposes, including improving user experience, analyzing website traffic, and providing personalized content.
Types of Cookies We Use
We use the following types of cookies on our website:
- Essential Cookies: These cookies are necessary for the operation of our website and enable you to navigate and use its features.
- Performance Cookies: These cookies collect information about how visitors use our website, such as which pages are most frequently visited. This information helps us improve the performance of our website.
- Functionality Cookies: These cookies allow the website to remember choices you make (such as language preferences) and provide enhanced, more personalized features.
- Targeting Cookies: These cookies are used to deliver advertisements that are more relevant to you and your interests. They may also be used to limit the number of times you see an ad.
How We Use Cookies
We use cookies to improve the functionality and performance of our website, personalize content and advertisements, and analyze our traffic. Cookies allow us to provide a better and more tailored experience for you by remembering your preferences and actions.
Third-Party Cookies
In addition to our own cookies, we may also use third-party cookies provided by trusted service providers. These third parties may collect information about your activities on our website and other websites and use this data to provide analytics or advertising services.
Managing Cookies
You have the option to manage your cookie preferences at any time. Most browsers allow you to block or delete cookies, and you can configure your browser settings to alert you when cookies are being placed. However, please note that blocking or deleting cookies may impact your user experience and limit certain features on our website.
Changes to This Cookie Policy
We may update this Cookie Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. If we make any changes, we will post the updated policy here along with its posting date.
Intellectual Property Rights Policy
By engaging with our Services (including this website,) you agree:
- We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.
- Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access solely for your internal business purposes. Except as set out in this section or elsewhere in our Legal Terms, or with our express written permission, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express written permission.
- If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@merlintechsolutions.com. If we grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms.
Contribution Policy
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non proprietary. When you create or make available any Contributions, you thereby agree and warrant that:
- By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services, you agree to assign to us all intellectual property rights in such Contribution. You agree that we shall own this Contribution and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. If you would like to retain ownership of your Contribution, reach out to negotiate a contract before submitting.
- By posting any Contributions, except when otherwise arranged via written contract, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) your Contributions for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
- This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
- We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by the Company.)
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, physical handicap, or other protected class.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
- We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
- Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and address any matters of breach to the proper authorities where applicable.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
You are solely responsible for your Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
Review Policy
We may provide areas on our services where you can leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have firsthand experience with the person or entity being reviewed.
- Your reviews should not contain offensive profanity, abusive, racist, or hateful language.
- Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, disability, or other protected class.
- Your reviews should not contain references to illegal activity.
- You should not be affiliated with competitors if posting negative reviews.
- You should not make any conclusions about the legality of conduct.
- You may not post false or misleading statements.
- You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen or delete reviews, even if someone considers them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or those of our affiliates or partners. We assume no liability for any review or for any claims, liabilities, or losses resulting from any review.
By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to your review.
Service Use and Content Policy
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue generating endeavor or commercial enterprise.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
Disclaimer
These legal terms remain in effect while you use our services. We reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the services (including blocking certain IP addresses) to any person for any reason, including (but not limited to) a breach of these terms, any representation, warranty, covenant, or applicable law or regulation. We may terminate your use or participation in the services or delete any content or information that you have posted, at any time and without warning.
The services are provided on an “as-is” and “as-available” basis. You agree that your use of the services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the services. We assume no liability or responsibility for any of the following:
- Errors, mistakes, or inaccuracies in content or materials;
- Personal injury or property damage of any kind arising from your access to and use of the services;
- Unauthorized access to or use of our secure servers and/or any personal or financial information stored therein;
- Any interruption or cessation of transmission to or from the services;
- Bugs, viruses, Trojan horses, or similar issues that may be transmitted through the services by any third party; and/or
- Errors or omissions in any content or materials or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the services.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of products or services. When purchasing a product or service in any medium or environment, you should use your best judgment and exercise caution where appropriate.
In no event will we, our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding any contrary provision herein, our liability to you for any cause whatsoever and regardless of the form of action will at all times be limited to the amount paid, if any, by you to us in the three (3) months prior to any cause of action arising.
Certain U.S. state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.
