Monday to Friday
Revision 26.01c
Effective January 1, 2026
These Standard Terms and Conditions apply to all products and services provided by Symban Services, LLC, including proposals, estimates, quotes, invoices, work orders, service requests, statements of work, equipment sales, installations, consulting engagements, recurring services, managed services, and other authorized work, unless different terms are expressly stated in a signed written agreement or another written document accepted by the client, as provided in Section 24.
1. Acceptance of Terms
By approving a proposal, estimate, or quote; placing an order; requesting or authorizing work; accepting delivery of products or services; making payment toward an invoice; enrolling in recurring or managed services; or otherwise accepting products or services from Symban Services, LLC, the client acknowledges and agrees to the terms and conditions applicable to those products, services, and related work.
These Standard Terms and Conditions are intended to supplement and are incorporated into any applicable proposal, estimate, quote, invoice, work order, service request, statement of work, service agreement, managed services agreement, equipment order, email authorization, or other written authorization between the client and Symban Services, LLC.
Electronic approvals, signatures, authorizations, payments, and communications may be used to evidence the client’s acceptance of these Standard Terms and Conditions and the applicable products, services, or work.
2. Scope of Work
The scope of each engagement is limited to the products, services, equipment, materials, labor, configuration, installation, support, and deliverables expressly described in the applicable proposal, estimate, quote, invoice, work order, service request, statement of work, service agreement, equipment order, email authorization, or other written authorization.
When the client requests or authorizes work without a detailed written scope, the scope is limited to the client’s request and the work reasonably necessary to investigate, diagnose, and respond to that request. Such work may be billed at Symban Services, LLC’s then-current rates unless otherwise agreed in writing.
Products, services, or work not specifically included in the authorized scope are considered out of scope and may require a separate proposal, change order, work order, or other written approval. Out-of-scope work, additional labor, equipment, materials, licensing, subscriptions, and third-party charges may be billed separately.
3. Pricing, Payment, and Invoicing
Unless otherwise stated in writing, pricing is valid only for the acceptance period shown in the applicable proposal, estimate, quote, invoice, equipment order, or other pricing document. Product pricing, service pricing, freight, taxes, licensing, and third-party charges may be subject to change if the applicable document is not accepted within the stated period.
Payment terms are determined by the type, size, and scope of the engagement and will be stated in the applicable written document.
For short infrastructure projects, installation projects, configuration projects, or similar fixed-scope work, Symban Services, LLC may require a 50% deposit before work begins, with the remaining 50% due upon completion.
For longer projects, including but not limited to infrastructure projects, research projects, consulting engagements, planning projects, design work, implementation projects, or other extended professional services, Symban Services, LLC may require a retainer. The retainer amount, billing structure, replenishment requirements, and applicable work authorization terms will be defined on a case-by-case basis in the applicable written document.
For equipment, hardware, software, licensing, materials, subscriptions, special-order items, and third-party products, Symban Services, LLC requires payment in full before ordering, delivery, installation, activation, configuration, or transfer to the client, unless otherwise agreed in writing.
Unless otherwise stated in writing, payment is due according to the payment terms shown on the applicable invoice or other written document. If no specific payment term is stated, payment is due upon receipt.
Symban Services, LLC may issue partial or progress invoices for products delivered, work performed, time incurred, milestones reached, or services provided. A service request, project, or support ticket remaining open does not postpone the due date of an invoice for work already performed or charges already incurred. Additional work, products, services, time, or third-party charges may result in additional invoices.
4. Account Good Standing
An account is considered in good standing when all required payments are current, approved payment methods remain valid, and the client is not otherwise in default of any applicable agreement, proposal, estimate, quote, invoice, work order, service term, or other written obligation.
Certain services, including but not limited to managed services, recurring support, hosted services, cloud services, licensing, monitoring, maintenance, or subscription-based services, may require the client’s account to remain in good standing.
Symban Services, LLC may decline, delay, suspend, or limit new work, service requests, recurring services, support, installations, equipment ordering, delivery, or project continuation for accounts that are not in good standing.
5. Late Payments
Invoices not paid when due will be subject to the late fees, interest, service suspension, collection action, and other remedies described in these Standard Terms and Conditions, the applicable written agreement, or applicable law.
A one-time late fee equal to 5% of the outstanding balance will be assessed on any invoice that remains unpaid more than 10 calendar days after its due date.
Any amount remaining unpaid more than 30 calendar days after its due date will accrue simple interest at a rate of 15% annually, calculated as 1.25% per month, or the maximum rate permitted by applicable law, whichever is less. Interest will continue to accrue until the outstanding amount is paid in full.
Accounts that remain unpaid more than 60 calendar days after the applicable due date may be escalated for collection activity, legal action, or other recovery efforts.
Symban Services, LLC may waive or reduce a late fee, interest charge, or other payment-related charge at its discretion. Any waiver or reduction applies only to the specific charge expressly waived or reduced and does not waive the right to enforce the same or any other provision in the future.
6. Returned Payments
A returned payment, including a returned check, rejected ACH payment, failed electronic payment, reversed card payment, chargeback, or other unpaid transaction, will be subject to a returned-payment fee of $50, except where prohibited by law.
The client is responsible for any bank fees, processing fees, chargeback fees, or third-party charges resulting from returned, reversed, rejected, disputed, or failed payments.
7. AutoPay Requirements
Certain recurring services, managed services, subscription services, or specially priced services may require enrollment in AutoPay or another approved automatic payment method.
The client is responsible for maintaining a valid and authorized payment method on file. Failure to maintain a valid payment method may result in late fees, loss of special pricing, service interruption, suspension, or termination of applicable services.
Authorization of AutoPay constitutes authorization for Symban Services, LLC to process amounts due under the applicable invoices, service agreements, recurring services, or other authorized transactions.
8. Service Suspension for Nonpayment
Symban Services, LLC may suspend services, support, monitoring, maintenance, administrative access, licensing, hosted services, recurring services, equipment ordering, project work, or other services if invoices remain unpaid beyond the applicable due date.
Service suspension does not relieve the client of responsibility for outstanding balances, recurring charges, contractual commitments, third-party charges, licensing fees, equipment charges, or other amounts owed.
Reinstatement of suspended services may require payment of all outstanding balances, late fees, interest, returned-payment fees, collection costs, and applicable reinstatement charges.
Symban Services, LLC is not responsible for losses, interruptions, expired licensing, loss of functionality, loss of access, or other consequences arising from a service suspension resulting from the client’s failure to pay amounts when due.
9. Collections and Recovery Costs
If an account is referred for collection, legal action, or other recovery efforts, the client may be responsible for reasonable collection costs, attorneys’ fees, court costs, filing fees, administrative costs, equipment-recovery costs, and other expenses incurred in recovering unpaid amounts or Symban-owned property, to the extent permitted by applicable law.
10. Cancellation of Services
Unless otherwise stated in a written agreement, cancellation of recurring services requires at least 30 calendar days’ written notice.
Cancellation notices must be submitted in writing to:
Cancellation is not effective until received and acknowledged by Symban Services, LLC.
The client remains responsible for all charges incurred before the effective cancellation date, including recurring service charges, third-party service charges, licensing fees, equipment charges, usage fees, project balances, and any applicable early-termination fees.
Cancellation of a service does not automatically cancel related third-party services, subscriptions, licenses, financing arrangements, equipment obligations, or other commitments unless expressly confirmed in writing.
11. Third-Party Services and Charges
Some products and services may involve third-party providers, including but not limited to internet service providers, cloud providers, software vendors, licensing vendors, telecommunications providers, payment processors, domain registrars, hosting providers, security vendors, distributors, or hardware manufacturers.
Unless otherwise stated in writing, third-party charges are the client’s responsibility.
Symban Services, LLC may assist with ordering, setup, configuration, support, billing coordination, cancellation, or other vendor coordination but does not control third-party pricing, service availability, service terms, outages, billing policies, cancellation requirements, product availability, support response, warranty decisions, or other vendor actions.
The client remains responsible for reviewing and complying with the terms, licensing requirements, acceptable-use policies, and other requirements imposed by third-party providers.
12. Equipment, Materials, and Ownership
Equipment, hardware, materials, software licenses, subscriptions, and other products remain subject to the payment terms stated in the applicable proposal, estimate, quote, invoice, work order, service agreement, statement of work, equipment order, or other written authorization.
Unless otherwise agreed in writing, equipment, hardware, materials, software, licensing, subscriptions, special-order items, and third-party products must be paid in full before they are ordered, delivered, installed, activated, configured, or transferred to the client.
Unless otherwise agreed in writing, ownership of equipment and materials intended for sale to the client does not transfer to the client until paid in full.
Symban Services, LLC may retain ownership, security interests, access rights, or recovery rights in unpaid equipment or materials to the extent permitted by applicable law and the applicable agreement.
Equipment identified as managed, leased, loaned, rented, temporary, evaluation, demonstration, or Symban-owned equipment remains the exclusive property of Symban Services, LLC unless it is expressly sold to the client in writing and paid for in full.
All Symban-owned equipment must be returned to Symban Services, LLC within 30 calendar days after termination or expiration of the applicable service unless another return period is stated in writing. The client is responsible for providing reasonable access for removal or returning the equipment as directed by Symban Services, LLC.
Symban-owned equipment not returned within the required period, or returned damaged beyond ordinary wear and tear, may be charged to the client at the then-current replacement price, together with applicable taxes, shipping, retrieval, removal, repair, and recovery costs.
13. Installed Equipment and Unpaid Balances
If equipment is installed, delivered, configured, licensed, or activated before full payment is received, the client remains responsible for all unpaid balances.
Failure to pay for installed equipment, materials, licensing, subscriptions, or related labor may result in suspension of associated services, denial of further support, collection action, equipment recovery, or other remedies available under the applicable agreement or law.
Where permitted, Symban Services, LLC may require the return of unpaid equipment or may seek recovery of unpaid equipment, materials, licensing costs, labor, or related expenses.
Removal or recovery of unpaid or Symban-owned equipment does not eliminate the client’s responsibility for unpaid labor, licensing, subscriptions, damage, removal costs, restoration costs, or other amounts due.
14. Changes, Additions, and Out-of-Scope Work
Changes to the approved or authorized scope of work may require additional charges. This includes, but is not limited to, additional labor, added equipment, configuration changes, new service requests, after-hours work, repeat visits, delays caused by site conditions, changes requested by the client, vendor-related delays, concealed conditions, or work required because of incomplete or inaccurate information provided by the client.
Out-of-scope work may be billed at Symban Services, LLC’s then-current labor rates unless otherwise agreed in writing.
Changes, additions, or out-of-scope work may be authorized through a signed change order, email approval, work order, service request, payment, or other written authorization. Emergency or time-sensitive work requested verbally may be documented after the fact and billed accordingly.
15. Client Responsibilities
The client is responsible for providing timely access, accurate information, required approvals, site readiness, safe working conditions, suitable electrical service, internet service availability, vendor account access, administrative credentials, utility information, and any other items reasonably necessary for Symban Services, LLC to perform the requested work.
Delays caused by lack of access, unavailable or inaccurate information, unavailable client personnel, vendor issues, construction delays, unsafe conditions, site conditions, or other circumstances outside Symban Services, LLC’s control may result in additional charges or schedule changes.
The client is responsible for service, repair, replacement, and related costs arising from environmental conditions, inadequate ventilation, unsuitable temperature or humidity, power-quality issues, electrical problems, failed or improperly connected surge-protection or UPS equipment, water intrusion, pest damage, abuse, misuse, tampering, unauthorized modification, relocation, construction activity, inaccessible pathways, or work performed by the client or others.
The client is responsible for obtaining internal approvals and ensuring that individuals requesting or authorizing work have authority to do so. Symban Services, LLC may reasonably rely on requests and authorizations received from the client’s owners, officers, managers, employees, designated contacts, or individuals given access to the client’s accounts or systems.
16. Service Visits, Labor Charges, and Open Tickets
Service visits, troubleshooting, diagnostics, consulting, configuration, programming, repair attempts, vendor coordination, research, documentation, and technical labor may be billable whether or not the underlying issue is fully resolved.
Some issues depend on third-party vendors, existing site conditions, unsupported or obsolete equipment, internet providers, software vendors, licensing providers, manufacturers, or other factors outside Symban Services, LLC’s direct control.
Technician time, travel time where applicable, remote-support time, vendor-coordination time, research time, and other authorized labor may be billed according to the applicable agreement or Symban Services, LLC’s then-current rates and minimum billing increments.
A service request or support ticket may remain open while awaiting client action, vendor action, parts, additional testing, monitoring, or follow-up. An open ticket does not delay invoicing or payment for work already performed, time already incurred, or products and services already provided. Additional work on the same matter may result in additional invoices.
17. No Guarantee of Third-Party Systems
Symban Services, LLC may assist with systems, platforms, equipment, services, or software provided by third parties. However, Symban Services, LLC does not guarantee the performance, reliability, compatibility, availability, security, warranty coverage, vendor support, continued availability, or continued operation of third-party products or services.
Symban Services, LLC is not responsible for third-party outages, discontinuations, restrictions, licensing changes, product unavailability, changes in vendor policies, loss of compatibility, vendor security incidents, or the failure of a third party to provide promised products, services, support, or performance.
18. Taxes, Shipping, and Fees
Applicable taxes, shipping, handling, freight, processing fees, licensing fees, permit fees, tolls, parking charges, special-access costs, equipment rentals, and third-party charges may be added unless specifically included in the applicable proposal, estimate, quote, invoice, work order, statement of work, equipment order, service agreement, or other written authorization.
19. Scheduling, Delays, and Force Majeure
Installation, service, project, and delivery schedules are estimates unless expressly stated otherwise in writing.
Symban Services, LLC is not responsible for delays caused by product availability, shipping delays, vendor delays, permitting, inspections, construction, site readiness, weather, client availability, third-party providers, network carriers, utility providers, or other circumstances outside its reasonable control.
Neither party will be liable for a delay or failure to perform caused by circumstances beyond its reasonable control, including severe weather, hurricanes, flooding, fire, natural disasters, acts of government, war, terrorism, civil unrest, labor disputes, supply-chain interruptions, transportation interruptions, utility failures, internet or telecommunications outages, epidemics, pandemics, or widespread cybersecurity events.
The affected party’s performance will be excused for the duration of the event to the extent performance is prevented or materially delayed. This provision does not excuse the client’s obligation to pay for products delivered, work performed, services provided, commitments already incurred, or amounts that became due before or during the event.
20. Warranty and Manufacturer Support
Manufacturer warranties, if any, are provided by the manufacturer and are subject to the manufacturer’s terms, conditions, exclusions, procedures, and available remedies.
Symban Services, LLC will reasonably assist with warranty coordination when requested, but does not control manufacturer approval, processing time, repair decisions, replacement availability, shipping requirements, warranty coverage, or other manufacturer actions.
Labor for warranty diagnosis, removal, replacement, reinstallation, configuration, shipping coordination, vendor support, or related services may be billed separately unless otherwise stated in writing.
Any warranty provided directly by Symban Services, LLC must be expressly stated in writing. Except for an express written warranty, products and services are provided to the fullest extent permitted by law without additional warranties, whether express or implied.
21. Limitation of Liability
To the extent permitted by law, Symban Services, LLC shall not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, including but not limited to loss of revenue, loss of business, loss of data, loss of recordings, loss of use, interruption of operations, inability to access a system, inability to identify a person or event, or damages arising from third-party products or service failures.
Symban Services, LLC’s total liability for any claim will be limited to the amount paid by the client to Symban Services, LLC for the specific product or service giving rise to the claim during the 12 months immediately preceding the event giving rise to the claim, unless otherwise required by law or agreed in writing.
The limitations in this section apply regardless of the legal theory asserted and even if Symban Services, LLC has been advised of the possibility of such damages, to the fullest extent permitted by applicable law.
22. Data, Backups, Access, and Security
The client is responsible for maintaining appropriate administrative access, user access, passwords, multifactor authentication, account ownership, vendor account control, and internal authorization procedures.
Where Symban Services, LLC is granted administrative access to client systems or vendor accounts, such access is provided for the purpose of performing authorized services. The client remains responsible for overall account ownership, business decisions, data ownership, regulatory obligations, and internal authorization of access changes.
Unless backup, retention, recovery, or disaster-recovery services are expressly included in a written agreement, the client is responsible for maintaining current, complete, functional, and independently verifiable backups of its data, systems, configurations, records, and other information.
Before authorizing work that could reasonably affect data, software, configuration, or system availability, the client is responsible for confirming that appropriate backups exist. Symban Services, LLC is not responsible for unavailable, incomplete, corrupted, untested, or unsuccessful backups not expressly managed by Symban Services, LLC under a written agreement.
The client understands that no hardware, software, network, security product, monitoring service, backup system, or cybersecurity practice can eliminate all risk. Symban Services, LLC does not guarantee that any system will be continuously available, completely secure, free from vulnerabilities, or capable of preventing, detecting, or recovering from every malware infection, unauthorized access, data loss, cybersecurity incident, equipment failure, or other event.
23. Service Termination
Symban Services, LLC may terminate services for nonpayment, repeated late payment, breach of agreement, failure to maintain required third-party services, failure to maintain AutoPay where required, abusive or threatening conduct, unsafe work conditions, unlawful activity, unauthorized account changes, misuse of services, or other material issues affecting the service relationship.
Termination does not relieve the client of responsibility for unpaid balances, recurring commitments, third-party charges, equipment-return obligations, early-termination charges, or other amounts due.
Upon termination, Symban Services, LLC may discontinue services, revoke access to Symban-owned systems or equipment, remove Symban-owned equipment, and provide reasonable transition assistance at the client’s expense when agreed in writing.
24. Conflicts Between Documents
If these Standard Terms and Conditions conflict with a signed written agreement between the client and Symban Services, LLC, the signed written agreement will control to the extent of the conflict.
If these Standard Terms and Conditions conflict with a specific proposal, estimate, quote, statement of work, work order, change order, service agreement, equipment order, invoice, or other written authorization accepted by the client, the more specific written terms will control only for the applicable engagement or transaction and only to the extent of the conflict.
A mutually accepted change order, amendment, or other written modification will control over the earlier document it expressly modifies. No invoice, service request, work order, email, or other communication will modify a signed written agreement unless it expressly identifies the intended modification and is accepted by authorized representatives of both parties.
All terms that do not conflict will remain in full force and effect.
25. Updates to Terms
Symban Services, LLC may update these Standard Terms and Conditions from time to time.
The terms applicable to a specific nonrecurring transaction or engagement are those provided with or incorporated by reference into the applicable proposal, estimate, quote, invoice, agreement, work order, statement of work, equipment order, service request, or other authorization accepted by the client.
Updates will apply prospectively to transactions, engagements, renewals, service requests, or other work accepted or authorized after the effective date of the updated terms unless the client expressly agrees otherwise.
For ongoing recurring or managed services that are not governed by a signed agreement establishing a different amendment procedure, updated terms may apply beginning with the next renewal or billing period after reasonable notice is provided to the client. Continued use or acceptance of the applicable services after that date constitutes acceptance of the updated terms to the extent permitted by law.
26. Governing Law and Venue
These Standard Terms and Conditions and all transactions, services, and disputes arising from or relating to them will be governed by the laws of the State of Florida, without regard to conflict-of-law principles.
Unless a signed written agreement expressly provides otherwise, any legal action arising from or relating to the parties’ relationship, these Standard Terms and Conditions, or products or services provided by Symban Services, LLC must be brought in a state court of competent jurisdiction located in Miami-Dade County, Florida, or in the federal court having jurisdiction over Miami-Dade County, Florida.
Each party consents to the personal jurisdiction of those courts and waives any objection based on improper venue or an inconvenient forum, to the extent permitted by law.
27. Severability
If any provision of these Standard Terms and Conditions or an applicable written agreement is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law or modified to the minimum extent necessary to make it enforceable.
The remaining provisions will remain in full force and effect.
28. Waiver
A failure or delay by Symban Services, LLC in exercising or enforcing any right, remedy, requirement, payment term, late fee, interest charge, or other provision does not waive that right or provision.
A waiver is effective only for the specific matter expressly waived and does not constitute a continuing waiver or a waiver of any later breach, charge, requirement, or enforcement right.
Any waiver or modification of these Standard Terms and Conditions must be made in writing by an authorized representative of Symban Services, LLC, except that Symban Services, LLC may waive or reduce a fee or charge at its discretion without affecting its right to impose or enforce similar fees or charges in the future.