TERMS OF SERVICE

SCOPE OF SERVICES

Foresight Network Solutions ("FNS") provides network installation, structured cabling, system configuration, troubleshooting, consulting, maintenance, repair, and related technology services. The specific scope of work shall be defined by a quotation, work order, invoice, proposal, service agreement, or other written communication accepted by the Customer.

CUSTOMER AUTHORIZATION

By requesting services, the Customer represents and warrants that they own the equipment, systems, property, or premises on which services are to be performed, or have full authority to authorize such services.

The Customer shall provide reasonable access to all areas, equipment, systems, and utilities necessary for performance of the work.

QUOTATIONS

All quotations are based upon information provided by the Customer and any site conditions reasonably observable at the time of quotation.

Quotations remain valid for thirty (30) calendar days unless otherwise stated in writing.

Changes to the scope of work before commencement shall require a revised quotation. Changes requested after work has commenced may result in additional charges and shall be billed at FNS's current rates unless otherwise agreed in writing.

ESTIMATES

Estimates are provided for planning purposes only and are not guaranteed fixed prices. Where no written fixed-price quotation exists, labor shall be billed at FNS's current hourly rates together with the cost of materials, equipment, travel, procurement, diagnostics, and other related expenses.

PAYMENT TERMS

Accepted forms of payment include cash, check, Apple Pay, and any other payment methods approved by FNS.

Unless otherwise agreed in writing, payment is due immediately upon completion of services.

Invoices not paid within twenty (20) days of issuance shall be considered delinquent.

Delinquent balances shall accrue interest at the rate of one and one-half percent (1.5%) per month or the maximum amount permitted by law, whichever is less.

The Customer shall be responsible for all reasonable collection costs, attorney's fees, court costs, and expenses incurred in collecting overdue amounts.

FNS reserves the right to suspend services or withhold future work until all outstanding balances are paid in full.

OWNERSHIP OF WORK PRODUCT, CONFIGURATIONS, AND MATERIALS

All software configurations, network settings, programming, system documentation, network diagrams, credentials, scripts, custom configurations, installation records, and other work product created, developed, or implemented by FNS remain the exclusive property of FNS until all invoices relating to such work have been paid in full.

Until payment is received in full, the Customer is granted only a temporary, revocable license to use such work product.

Upon full payment, ownership of the specific deliverables created for the Customer shall transfer to the Customer except for any proprietary tools, templates, methodologies, software, or intellectual property owned by FNS.

FNS reserves the right to withhold administrative credentials, network documentation, system diagrams, programming files, and other deliverables until all outstanding invoices are paid.

Title to all equipment, hardware, materials, cabling, and components supplied by FNS shall remain with FNS until paid for in full.

To the extent permitted by applicable law, FNS retains a security interest in all supplied materials and equipment until payment has been received in full.

CUSTOMER DATA AND BACKUPS

The Customer is solely responsible for maintaining current backups of all data, applications, configurations, and systems.

FNS does not guarantee preservation of data during installation, maintenance, repair, upgrades, troubleshooting, or configuration activities.

FNS shall not be liable for any loss, corruption, destruction, disclosure, or recovery costs associated with Customer data.

UNFORESEEN CONDITIONS

The Customer shall be responsible for additional costs resulting from hidden conditions, defective existing installations, code violations, inaccessible work areas, third-party failures, utility interruptions, or other circumstances not reasonably discoverable before work commenced.

WARRANTY

FNS warrants workmanship performed directly by FNS for a period of one (1) year from substantial completion.

If a cable, connector, termination, or network component installed, repaired, moved, or modified by FNS fails due to defective workmanship during the warranty period, FNS will repair or replace the affected workmanship at no additional labor charge.

This warranty does not cover:

(a) misuse, abuse, neglect, accidents, or unauthorized modifications;

(b) customer-supplied equipment;

(c) third-party hardware or software defects;

(d) normal wear and tear;

(e) environmental conditions;

(f) power surges, utility interruptions, lightning, weather-related damage, or acts of nature;

(g) work altered by parties other than FNS.

THIS WARRANTY IS THE EXCLUSIVE WARRANTY PROVIDED BY FNS AND REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, the total liability of FNS arising from any claim relating to services provided shall not exceed the amount actually paid by the Customer for the specific services giving rise to the claim.

FNS shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, loss of business opportunities, business interruption, loss of goodwill, loss of data, loss of use, or costs of data recovery.

INDEMNIFICATION

The Customer agrees to defend, indemnify, and hold harmless FNS and its owners, employees, contractors, and agents from any claims, liabilities, damages, losses, costs, or expenses arising from:

(a) inaccurate information provided by the Customer;

(b) Customer misuse of systems;

(c) unauthorized access to Customer systems;

(d) Customer violation of applicable laws or regulations.

FORCE MAJEURE

FNS shall not be liable for delays or failure to perform caused by circumstances beyond its reasonable control, including acts of God, natural disasters, internet outages, utility failures, labor disputes, government actions, pandemics, supplier shortages, transportation disruptions, or similar events.

TERMINATION

FNS may terminate services immediately upon non-payment, unsafe working conditions, customer misconduct, refusal to provide access, or material breach of these Terms.

The Customer remains responsible for payment of all services rendered and materials supplied prior to termination.

DISPUTES AND GOVERNING LAW

These Terms shall be governed by and construed under the laws of the State of Washington.

Any dispute arising from these Terms shall be brought exclusively in the state or federal courts located within the State of Washington, and the parties consent to the jurisdiction of such courts.

SEVERABILITY

If any provision of these Terms is determined to be unenforceable, the remaining provisions shall remain in full force and effect.

ENTIRE AGREEMENT

These Terms, together with any accepted quotation, proposal, work order, or invoice, constitute the entire agreement between FNS and the Customer and supersede all prior discussions or agreements relating to the services provided.

ACCEPTANCE

Requesting, authorizing, scheduling, or permitting services to be performed by FNS constitutes acceptance of these Terms of Service.