Terms of Service - SynergyLynk Trust Center

Important Notice

Please read these documents carefully. By accessing or using any SynergyLynk service, website, or platform, you agree to be bound by these Terms of Service and acknowledge our Privacy Policy. If you do not agree, do not use our services.

1. Agreement, Parties & Scope of Services

This Terms of Service Agreement ("Agreement") is entered into between SynergyLynk LLC, a New Jersey limited liability company ("SynergyLynk," "we," "us," or "our"), and the individual or entity accessing or using our services ("Customer," "you," or "your").

This Agreement governs all services offered by SynergyLynk, including but not limited to:

Cloud Infrastructure Services (Azure, AWS, GCP)

Web Hosting and Server Hosting

Microsoft 365 Administration

Managed IT Services (MSP)

Enterprise Colocation Services

Cybersecurity and Compliance

SSL Certificates and Domain Services

IT Consulting and Support

This Agreement, together with any applicable Service Order, Statement of Work (SOW), or online portal terms, constitutes the entire agreement between the parties and supersedes all prior written or verbal communications regarding the subject matter hereof.

2. Modifications to This Agreement

SynergyLynk reserves the right to modify this Agreement at any time. Customers will be notified of material changes via email or notice posted on synergylynk.com at least fifteen (15) days prior to the change taking effect. Continued use of the Services after the effective date of any modification constitutes acceptance of the updated terms. SynergyLynk may also modify, discontinue, or revise any aspect of the Services with reasonable advance notice except where immediate action is required for security or legal compliance.

3. Customer Responsibilities & Acceptable Use

Customer is responsible for:

All activity occurring under Customer's account(s) and user credentials

Maintaining the confidentiality of account credentials and promptly notifying SynergyLynk of any unauthorized access

Ensuring all users of Customer's account comply with this Agreement

Providing accurate and current billing and contact information

Procuring all necessary hardware, software, internet access, and equipment required to access the Services

Customer agrees NOT to use the Services to:

Distribute, store, or transmit any content that is unlawful, infringing, defamatory, or otherwise objectionable

Send unsolicited commercial email (SPAM) — SynergyLynk maintains a zero-tolerance SPAM policy

Introduce malware, viruses, ransomware, or other malicious code

Attempt unauthorized access to other customers' accounts, systems, or data

Engage in cryptocurrency mining, DDoS amplification, or resource-abusive activities

Violate any applicable local, state, federal, or international law or regulation

4. Copyright & Intellectual Property

Customer represents that it owns or has all necessary licenses, rights, and permissions to use and publish any content uploaded to or transmitted through SynergyLynk systems. Customer may not store, host, or distribute copyrighted material without the express permission of the rights holder. Violation of this provision may result in immediate suspension or termination without refund.

SynergyLynk retains all rights to its own software, tools, platform, trademarks, and intellectual property. Nothing in this Agreement transfers ownership of SynergyLynk intellectual property to Customer.

5. Confidentiality & Customer Data

SynergyLynk acknowledges that in the course of providing Services, it may receive access to Customer's confidential and proprietary information, including business data, technical systems, client records, databases, and trade secrets ("Confidential Information").

SynergyLynk agrees to:

Hold all Confidential Information in strict confidence

Use Confidential Information solely to provide the Services

Not disclose Confidential Information to any third party without written consent, except as required by law

Not solicit or conduct business with Customer's clients identified through the Services

All intellectual property and data submitted by Customer remains the sole and exclusive property of Customer. SynergyLynk does not claim any ownership interest in Customer data.

6. Third-Party Cloud & Technology Providers

Some SynergyLynk Services are delivered in whole or in part through third-party platforms including Microsoft Azure, Amazon Web Services, and Google Cloud Platform. Customer acknowledges that:

Services are subject to the applicable terms and SLAs of the respective providers

SynergyLynk will endeavor to pass through any applicable service credits received

SynergyLynk is not responsible for outages caused directly by third-party failures

SynergyLynk will provide commercially reasonable notice to affected Customers in the event of known third-party outages or service interruptions.

7. Service Levels & Uptime

SynergyLynk targets industry-standard uptime for its managed infrastructure services. Specific Service Level Agreements (SLAs) for uptime, response time, and resolution time are defined in individual service contracts, Statements of Work (SOWs), or the applicable service description on synergylynk.com.

In the absence of a specific SLA:

We will use commercially reasonable efforts to maintain service availability

Scheduled maintenance will be communicated with advance notice when possible

Emergency maintenance may be performed without prior notice where required for security

Service credits or remedies for SLA breaches, where applicable, are the Customer's sole remedy for service interruptions and do not affect SynergyLynk's liability limitations set forth herein.

8. Disclaimer of Warranties

CUSTOMER EXPRESSLY AGREES THAT USE OF SYNERGYLYNK SERVICES IS AT CUSTOMER'S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNERGYLYNK PROVIDES ALL SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS AVAILABILITY. SYNERGYLYNK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. THIS DISCLAIMER APPLIES TO ALL THIRD-PARTY CONTENT AND SERVICES MADE AVAILABLE THROUGH SYNERGYLYNK PLATFORMS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYNERGYLYNK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF SYNERGYLYNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, SYNERGYLYNK'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO SYNERGYLYNK IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

Customer agrees to defend, indemnify, and hold harmless SynergyLynk and its affiliates, officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer's use of the Services; (b) Customer's violation of this Agreement; (c) Customer's violation of any third-party rights; (d) any content Customer stores, hosts, or transmits through the Services; or (e) Customer's negligence or willful misconduct.

11. Security Incidents & Data Breach Notification

SynergyLynk maintains reasonable administrative, technical, and physical safeguards designed to protect Customer data. In the event SynergyLynk becomes aware of a confirmed security breach affecting Customer data, SynergyLynk will:

Notify affected Customers without undue delay and, where feasible, within 72 hours

Provide reasonably available information about the nature of the breach and remediation

Cooperate with Customer's reasonable investigation and notification obligations

Customer is solely responsible for compliance with any breach notification laws applicable to Customer's own business operations, industry, or client relationships.

12. Billing, Payment & Late Fees

Customer shall pay all fees in accordance with the rates and schedule set forth in their applicable service plan, invoice, or SOW. The following billing terms apply:

Invoices are due upon receipt unless otherwise specified in writing

Accounts not paid within 30 days are considered delinquent (subject to $15 fee)

Suspended services will be restored upon receipt of full payment plus reconnection fee

Data on suspended accounts is retained for 21 days following suspension

A $25.00 service charge applies to returned checks or failed ACH transactions

13. Cancellation & Termination

Either party may terminate this Agreement as follows:

Customer cancellation: Submit written notice 30 days prior to next billing. No refunds for unused prepaid periods.

SynergyLynk for cause: Immediate termination for violation, non-payment, or endangering systems.

SynergyLynk without cause: Termination with 15 days prior written notice.

Upon termination, Customer's access to services will cease and any stored data may be permanently deleted after the retention period specified in the applicable service agreement or, in the absence of such specification, after 30 days.

14. Abuse & Fair Use Policy

Any use of SynergyLynk systems that disrupts normal service for other customers constitutes abuse. Examples include:

Spawning excessive processes or consuming disproportionate resources

Operating open mail relays or mass email campaigns

Attempting unauthorized access to system areas

Hosting or distributing malware or illegal content

Upon detection of abuse, SynergyLynk will issue an email warning. If the abuse is not remediated within forty-eight (48) hours, a formal written notice will follow. Failure to comply within an additional forty-eight (48) hours will result in account termination. Severe violations may result in immediate termination without prior notice.

15. Governing Law & Dispute Resolution

This Agreement is entered into and shall be governed by and construed in accordance with the laws of the State of New Jersey and applicable federal laws of the United States, without regard to conflict of law principles. Any dispute arising under or related to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Union County, New Jersey. Customer waives any objection to venue in such courts. Any cause of action must be filed within one (1) year of when it arises or is forever barred.

16. Severability & Waiver

If any provision of this Agreement is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remainder of this Agreement will remain in full force and effect. Failure by either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

17. Relationship of the Parties

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between SynergyLynk and Customer. Neither party is authorized to bind the other to any obligation or liability without express written consent.

18. Entire Agreement

This Agreement, including any applicable service order, SOW, or addendum, constitutes the entire agreement between SynergyLynk and Customer with respect to its subject matter. It supersedes all prior agreements, representations, warranties, and understandings, whether written or oral. In the event of conflict between this Agreement and any service-specific addendum, the addendum shall control with respect to that service.

Questions About Compliance or Legal Terms?

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