Legal
Terms & Conditions
The agreement between you and Business Growth Solutions LLC for use of our website and purchase of our services and products.
1. The agreement
These Terms & Conditions ("Terms") govern your access to www.bizgrowsol.com (the "Site") and your purchase and use of hosting, virtual desktop, managed IT, third‑party subscription and hardware products and services (together, the "Services") from Business Growth Solutions LLC ("BGS", "we", "us"). By using the Site, creating an account, placing an order or accepting a quote, you ("Client", "you") agree to these Terms together with our Privacy Policy, Refund & Cancellation Policy and Cookie Policy, which are incorporated by reference. If you are accepting on behalf of a company, you confirm you have authority to bind it. A signed master services agreement, statement of work or quote that expressly overrides these Terms takes precedence to the extent of the conflict.
The Services are offered to businesses and professionals, not consumers. We do not offer free trials; evaluation is provided through guided walkthroughs and the money‑back window in the Refund Policy.
2. Definitions
"Client Data" means files, databases, documents and other content you or your Users store or process in a Hosted Environment. "Hosted Environment" means the servers, virtual desktops and related infrastructure we provision for you. "User" means a named individual you authorize to access a Hosted Environment or your account. "Third‑Party Products" means software, subscriptions and hardware made by others, including products provisioned through Pax8 Inc. "Order" means an order placed through the Site, a signed quote, or a written confirmation of services.
3. Accounts
You must provide accurate, current information when creating an account and keep it updated. You are responsible for all activity under your account and your Users' credentials, for keeping passwords confidential, and for enforcing multi‑factor authentication, which we require for all Users. Tell us immediately at support@bizgrowthsol.com if you suspect unauthorized access. You may designate administrators who can add and remove Users, change services and view invoices; we may rely on instructions from any administrator or from the billing contact.
4. Ordering, pricing and changes
Prices published on the Site are in US dollars, per named User per month unless stated otherwise, and exclude taxes. A quote is valid for 30 days unless it says otherwise. An Order is accepted when we issue an order confirmation or begin provisioning. We may decline an Order, including where we cannot verify licensing or identity. Hosting prices are fixed for the duration of a prepaid term; for monthly plans we may change prices on at least 60 days' written notice, effective at your next renewal after the notice period. Users and storage added mid‑period are prorated to the day. Obvious pricing errors on the Site may be corrected before acceptance, and you may cancel an affected Order without charge.
5. Payment
Hosting is billed in advance on activation and on each renewal date by card or ACH on file, or by invoice with net‑15 terms where agreed in writing. Hardware is billed on order for stock items and on order confirmation for custom items, unless financed. Managed IT is billed monthly in advance. Invoices not paid within 15 days of the due date accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower, and we may suspend Services after 10 days' written notice of non‑payment. You are responsible for sales, use and similar taxes other than taxes on our income; provide a valid exemption certificate if you claim exemption. You authorize us to charge the payment method on file for recurring fees, prorated additions and agreed changes.
6. Hosting services
We will provision the Hosted Environment described in your Order on infrastructure located in the United States, install the software you are licensed to use, migrate the data you designate, and maintain, monitor, patch, back up and support the environment as described on the Site. Included features are: 24/7/365 support; nightly encrypted backups retained 45 days; data migration and onboarding; firewall and endpoint protection; multi‑factor authentication; universal printing; and installation of add‑on applications at no additional charge, subject to compatibility and licensing. Shared plans place your Users on a multi‑tenant server logically isolated from other clients; dedicated plans reserve a server for you alone. We may perform scheduled maintenance with at least 48 hours' notice, normally outside US business hours, and emergency maintenance with as much notice as practicable. We may modify the infrastructure or move your environment between data centers without degrading the Service, and will notify you of changes that affect you.
7. Service level commitment
We commit to 99.99% availability of each Hosted Environment in each calendar month, measured as the percentage of minutes the environment can be reached by a properly configured remote‑desktop client from the public internet. Excluded from the measurement are: scheduled maintenance notified in advance; emergency security maintenance; problems caused by your equipment, internet connection, software, configuration or Users; Third‑Party Product outages; suspension under these Terms; and events beyond our reasonable control (section 21). If we miss the commitment, your sole remedy is the service credit described in the Refund & Cancellation Policy, claimed within 30 days of the month's end. Support targets: phone answered 24/7; response to critical (environment down) tickets within 15 minutes; response to other tickets within 4 business hours.
8. Software licenses
We host software under licenses you hold. You represent and warrant that you own or hold valid, current licenses for every application you ask us to install, in sufficient quantity for your Users, and that hosting is permitted by those licenses. You will provide license keys, proof of purchase or vendor authorization on request and will maintain the licenses for the duration of the Service. We may refuse to install, or may remove, software whose licensing we cannot verify. Where we sell or arrange licenses or subscriptions for you, the vendor's license terms apply and you agree to comply with them. Microsoft Office applications provided within a Hosted Environment are licensed under Microsoft's applicable service provider terms and may be used only within that environment. QuickBooks and Intuit are trademarks of Intuit Inc.; Sage is a trademark of The Sage Group plc; other names are trademarks of their owners. BGS is an independent hosting provider and is not affiliated with those trademark owners; product names are used solely to identify the software we host. BGS is an affiliated partner of Pax8 Inc.
9. Acceptable use
You and your Users may use the Services only for lawful business purposes and in compliance with these Terms. You will not: use the Services to store or transmit unlawful, infringing, defamatory or malicious material; attempt to access other clients' environments or our systems without authorization; run unlicensed software; use the Services for cryptocurrency mining, bulk email sending, file sharing services, penetration testing without written consent, or any workload that degrades service for others; circumvent security controls or share User credentials; or resell the Services without a written reseller agreement. We may investigate suspected violations, remove offending material and suspend access where necessary to protect the Services or other clients, giving notice where reasonably possible. You are responsible for your Users' compliance.
10. Client Data
You retain all rights in Client Data. You grant us a limited license to host, copy, back up, transmit and display Client Data solely to provide the Services and as you instruct. We act as your processor or service provider and will: process Client Data only on your documented instructions; keep it confidential; implement the security measures described in our Privacy Policy; assist you with data subject requests and security assessments at reasonable cost; notify you without undue delay of any confirmed breach affecting Client Data; make Client Data available for export on termination and delete it 30 days thereafter; and engage sub‑processors (infrastructure, backup and support tooling providers) under written terms no less protective, maintaining a list available on request. You are responsible for the lawfulness of Client Data, for obtaining any consents required to store it with us, for configuring User access appropriately, and for maintaining your own copies of anything critical outside the Hosted Environment if your own policies require it. Where Client Data includes protected health information we will execute a Business Associate Agreement on request. We will not access Client Data except to provide requested support, respond to a security incident, or comply with law, and such access is logged.
11. Third‑Party Products and Pax8 Inc.
BGS is an affiliated partner of Pax8 Inc., a cloud marketplace through which we provision and manage subscriptions from vendors such as Microsoft and providers of security, backup and productivity software. Third‑Party Products are licensed to you by their vendors under the vendors' terms, which you accept when you order them; we provide first‑line support and pass through vendor warranties and remedies to the extent we are permitted. Vendor subscription terms, commitment periods, price changes and cancellation windows are set by the vendor and Pax8 and we will disclose them before you commit. We are not responsible for Third‑Party Product defects, outages or changes, but we will use reasonable efforts to help resolve them.
12. Hardware
Hardware is sold subject to availability and the manufacturer's warranty, which we will manage on your behalf while you are a client. Title passes on payment in full; risk of loss passes on delivery to the address you specify. Delivery dates are estimates. Custom‑configured items are non‑cancellable once ordered from the manufacturer and non‑returnable, as described in the Refund & Cancellation Policy. Installation, imaging and on‑site services are quoted separately and performed under these Terms. Leased or financed hardware is subject to the leasing partner's agreement. We may recommend products in good faith but you are responsible for confirming they meet your requirements.
13. Managed IT services
Managed IT services are defined in a signed scope of work stating covered devices, users, response targets, term and fees. Services exclude work outside the scope, which we will quote separately. You will provide reasonable access, cooperation and administrative credentials, and will inform us of changes affecting the environment. We are not responsible for failures caused by unsupported software, hardware past end‑of‑life, or changes made without our knowledge.
14. Term, suspension and termination
Monthly Services renew monthly; prepaid Services renew for the same term unless cancelled at least 15 days before renewal. Either party may terminate for material breach not cured within 30 days of written notice. We may suspend Services immediately where necessary to address a security threat, unlawful use, non‑payment after notice, or a request from law enforcement, and will restore Services when the issue is resolved. On termination: fees accrued remain payable; the Refund & Cancellation Policy governs refunds; we provide a Client Data export and delete Client Data 30 days after the end date; and sections that by their nature should survive (payment, data, confidentiality, warranties, liability, indemnity, disputes) survive.
15. Intellectual property
The Site, our documentation, tooling, configurations, scripts and know‑how are owned by BGS or its licensors and are protected by intellectual property laws. You receive only the rights expressly granted. You may not copy, modify, reverse engineer or create derivative works of our systems, or remove proprietary notices. Feedback you give us may be used without restriction. Your trademarks and Client Data remain yours; we will not use your name or logo publicly without your written permission.
16. Warranties and disclaimers
We warrant that the Services will be performed in a professional and workmanlike manner materially in accordance with these Terms and the descriptions on the Site, and that we will maintain the security measures described. Your remedy for breach of this warranty is re‑performance or, if we cannot re‑perform, a refund of fees paid for the non‑conforming Service. EXCEPT AS EXPRESSLY STATED, THE SERVICES AND THIRD‑PARTY PRODUCTS ARE PROVIDED "AS IS" AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON‑INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE ERROR‑FREE OR UNINTERRUPTED. We do not provide accounting, tax or legal advice; hosting a compliance‑related application does not by itself make you compliant with any law or standard.
17. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITY, HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES IN ANY 12‑MONTH PERIOD WILL NOT EXCEED THE FEES YOU PAID TO US FOR THE AFFECTED SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR, FOR HARDWARE, THE PRICE OF THE AFFECTED ITEM). These limits do not apply to a party's indemnity obligations, breach of confidentiality, gross negligence, willful misconduct, or liability that cannot be limited by law. You acknowledge that our pricing reflects this allocation of risk.
18. Indemnity
You will defend and indemnify BGS against third‑party claims, losses and expenses arising from Client Data, your use of the Services in breach of these Terms, unlicensed software you ask us to host, or your violation of law. We will defend and indemnify you against third‑party claims that the Services (excluding Third‑Party Products and Client Data) infringe a US patent, copyright or trademark, and may at our option modify or replace the Service or refund prepaid fees and terminate the affected Service. The indemnified party must give prompt notice, control of the defense and reasonable cooperation.
19. Confidentiality
Each party will protect the other's non‑public information (including Client Data, pricing, security details and business information) with at least reasonable care, use it only for the purposes of this agreement, and disclose it only to personnel and contractors who need it and are bound by confidentiality, or as required by law with notice where permitted. These obligations last for 5 years after termination, and indefinitely for trade secrets and Client Data.
20. Governing law and disputes
These Terms are governed by the laws of the State of Illinois, without regard to conflict‑of‑laws rules. The parties will first attempt in good faith to resolve any dispute through discussion between senior representatives within 30 days of written notice. Any dispute not so resolved will be brought exclusively in the state or federal courts located in Cook County, Illinois, and each party consents to their jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. The prevailing party in any action to enforce these Terms is entitled to reasonable attorneys' fees. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
21. General
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, utility or internet failures, acts of government, labor disputes, epidemics, or vendor failures, provided it uses reasonable efforts to mitigate. Assignment. You may not assign these Terms without our written consent, not unreasonably withheld; we may assign to an affiliate or successor. Notices. Notices to us go to the address in section 22; notices to you go to the billing contact's email and are effective when sent. Entire agreement. These Terms, the incorporated policies and your Orders are the entire agreement and supersede prior discussions. Amendment. We may update these Terms with 30 days' notice for material changes; continued use after the effective date is acceptance. Severability and waiver. Invalid provisions are severed and the rest remains; failure to enforce is not a waiver. Independent contractors. Nothing creates a partnership, agency or employment relationship. Export. You will comply with US export laws in using the Services.
22. Contact
Business Growth Solutions LLC, 1501 Woodfield Rd Ste 115W, Schaumburg, IL 60173, USA · (844) 663-2465 · support@bizgrowthsol.com