Terms of Service
Welcome to Positive Results. By accessing or using our website and services, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our services.
1. Description of Services
Positive Results is a value-added reseller that provides business process solutions to clients through partnerships with leading SaaS providers. Our services include consulting, implementation, and support for various software solutions.
2. Client Responsibilities
When using our services, you agree to:
- Provide accurate and complete information
- Maintain the confidentiality of your account credentials
- Comply with applicable laws and regulations
- Use our and our partner services only for lawful purposes
3. Third-Party Services
Our services may involve the use of solutions provided by third-party partners. When using these solutions, you are subject to the terms, conditions, and policies of the respective third parties. Positive Results is not responsible for the actions or policies of these third parties.
4. Intellectual Property
All intellectual property rights related to our services and website, including trademarks, copyrights, and patents, are the property of Positive Results or our third-party partners. You may not use, reproduce, or distribute any of our intellectual property without prior written consent.
5. Payment Terms
Positive Results provides clear payment terms on their invoices and in Statements of Work (SOWs). Our work requires payments to be made in a timely manner, and work will not be performed on projects which have late or unpaid invoices, regardless of circumstances. Positive Results does not directly process payments. All payments for subscriptions and project-related work are processed through our third-party partner, Zoho. You agree to comply with Zoho’s payment terms and conditions.
6. Limitation of Liability
To the extent permitted by law, Positive Results shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use of our services.
Positive Results is not responsible for uptime guarantees provided by our third-party partners who serve as the software engine by which we customize and build our client’s business processes. We are not liable for any downtime experienced by our clients due to issues with our partners’ services. However, we will make a good faith effort to assist the client with communications with the partner company or to find a new solution to better serve the client’s needs.
Regardless of whether we are building mission-critical or non-mission-critical business processes into solutions on behalf of a customer, Positive Results is not liable for any disruptions or failures caused by natural disasters, acts beyond our control, or non-working solutions. We always request that clients test and approve the functionality of any solutions deployed before they are put into production, which eliminates any liability for Positive Results. Any work which is in a production environment is considered to be approved by the client.
The client further acknowledges that Positive Results does not have the ability to restrict a customer from making changes to their own platform. Positive Results is completely indemnified by the client for any changes made by the client or their representatives which might impact the proper functionality of their systems.
In no event shall Positive Results be liable for any damages whatsoever, including but not limited to direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the use or inability to use our services, even if advised of the possibility of such damages.
7. Termination
Termination of agreements is based on the agreed-upon Master Service Agreement (MSA) and SOW, and in many cases requires a 30-day written notice of cancellation. Cancellation of services with our third-party partners requires direct communication between our client and the partner they are using. If the client is under an agreement with a partner company, the agreement terms provided by the partner company are the prevailing terms. Positive Results is not responsible for agreements between our client and the partner company Positive Results represents.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio and Cuyahoga County. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of Cuyahoga County, Ohio.
9. Dispute Resolution
Any dispute arising out of or in connection with these Terms shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute, it shall be settled through the courts of Cuyahoga County, Ohio.
10. Amendments
Positive Results reserves the right to modify these Terms at any time. We will notify you of any changes by posting the revised Terms on our website. Your continued use of our services after the changes constitute your acceptance of the revised Terms.
11. Entire Agreement
These Terms, together with our Security and Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between Positive Results and you regarding the use of our services.
If you have any questions about these Terms, please contact us.