- Please read these Terms and Conditions carefully.
This website is operated by 452 Tech Services [452TechServices.com] a division of 452 Impact, Inc a Florida Corporation. Throughout the site, the terms “we”, “us”, “our”, we”, 452”, and company”, all refer to 452 Tech Services.
We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing products or services from us, or any way engage in our “Service” you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
- These terms and conditions (the “Terms”) are the only terms which govern the sale of services (“Services” or “Work”) by 452 to the Customer as defined below.
- All contracts that 452 may enter into from time to time shall be governed by these Terms and Conditions and 452 will ask the Customer for express written acceptance of these Terms and Conditions before providing any such services to the Customer.
- 1.1 Except to the extent expressly provided otherwise, in these Terms and Conditions:
- "Business Day" means any weekday other than a bank or public holiday.
- "Business Hours" means the normal hours of 09:00 and 17:00 EST on a Business Day.
- "Charges" means the following amounts:
- (a) the amounts specified in Section 7.
- (b) the amounts as may be agreed in writing by the parties from time to time; and
- (c) amounts calculated by multiplying 452's standard time-based charging rates (as notified by 452 to the Customer before the date of the Contract by the time spent by 452's personnel performing the Services rounded down to the nearest quarter hour).
- "Contract" means a particular contract made under these Terms and Conditions between 452 and the Customer;
- "Customer" means "You" the person or entity identified as such in Section 1;
- "Customer Premises" means any premises owned or controlled by the Customer at which the parties expressly or impliedly agree the personnel of the 452 shall provide Services;
- "Effective Date" means the date of execution of a Statement of Work incorporating these Terms and Conditions;
- "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
- "Minimum Term" means, in respect of the Contract or the period specified in Section 2;
- "Services" means work undertaken by 452 as specified in Section 3;
- "Statement of Work" means a written statement of work agreed by or on behalf of each of the parties;
- "Term" means the term of the Contract commencing in accordance with clause 2.1 and ending in accordance with Clause 2.2;
- "Terms and Conditions" means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and the Statement of Work, including any amendments to that documentation from time to time.
- 2.1 The Contract shall come into force upon the Effective Date.
- 2.2 The Contract shall continue in force until:
- (a) all the Services have been completed; and
- (b) all the Charges have been paid in cleared funds, upon which it will terminate automatically, subject to termination in accordance with Clause 11.2 unless the parties expressly agree otherwise in writing, each Statement of Work shall create a distinct contract under these Terms and Conditions.
- 3.1 452 shall provide the Services to the Customer in accordance with these Terms and Conditions.
- 3.2 452 shall provide the Services in accordance with the standards of skill and care reasonably expected from a leading tech handyman service according to state and city codes for 452's industry.
- 3.3 If the Customer believes that any element of the Services does not meet the standards specified in Clause 3.2, then the Customer must notify 452 with-in 10 business days and allow the 452 to investigate the matter (including where applicable allowing 452 to inspect the results of those Services) and, if those Services do not meet that standard, re-perform and correct those Services.
- 3.4 452 shall devote its personnel's time and expertise to the performance of the Services as may be necessary for their satisfactory and timely completion.
- 3.5 452 shall comply with all reasonable requests and directions of the Customer in relation to the Services.
4. Customer Premises
- 4.1 The Customer shall:
- (a) promptly provide to 452 such access to the Customer Premises as is reasonably required by 452 for the provision of the Services;
- (b) if the Customer is not a consumer, be responsible for ensuring the health and safety of 452's personnel whilst they are at the Customer Premises;
- (c) if the Customer is not a consumer, inform 452 of all health, safety and security rules, regulations and requirements that apply at the Customer Premises;
- (d) if the Customer is not a consumer, maintain reasonable insurance cover for 452's personnel whilst they are working at the Customer Premises (including reasonable public liability insurance);
- (e) ensure that no third party service will be working at the Customer Premises during the scheduled time of the Services at the Customer Premises by 452.
- 4.2 If the Customer is not a consumer, then in the performance of the Services at the Customer Premises, 452 shall comply with all reasonable health, safety and security rules, regulations and requirements advised by the Customer of 452.
- 4.3 452 shall use all reasonable measures to secure any keys, and any other means of access, supplied by the Customer to 452 for the purpose of enabling 452's personnel to enter and work at the Customer Premises.
5. Customer Obligations
- 5.1 Save to the extent that the parties have agreed otherwise in writing, the Customer must provide to 452, or procure for 452, such:
- (a) co-operation, support and advice;
- (b) information and documentation;
- (c) governmental, legal and regulatory licences, consents and permits as are reasonably necessary to enable 452 to perform its obligations under the Contract.
- 5.2 The Customer must provide to the 452 access to a water supply, a waste water disposal facility, a mains electricity supply and toilet facilities.
- 6.1. Any quotes or estimates provided by 452 to the Customer are quoted prices given as a true estimate of what 452 expects to charge the Customer. If there are circumstances 452 could not have been aware of, that will affect the price and 452 will provide you with an updated estimate.
- 6.2. Quotations are valid for 30 days from the date of the quotation.
- 6.3. You have the right to accept the price or decline. Payment will be required for any work that you have authorised and we have completed up to the point you cancel.
- 7.1 The Customer shall pay the Charges to 452 in accordance with these Terms and Conditions.
- 7.2 If the Charges are based in whole or part upon the time spent by 452 performing the Services, 452 must obtain the Customer's written or verbal consent (subject to clause 11.3) before performing Services that result in any estimate of time-based Charges given to the Customer being exceeded or any budget for time-based Charges agreed by the parties being exceeded.
- 7.3 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable clause, added taxes if the Customer is a consumer, which will be added to those amounts and payable but the Customer to 452.
- 7.4 452 may elect to vary the Charges by giving to the Customer not less than 7 days' written notice of the variation.
- 8.1 452 shall issue invoices for the Charges to the Customer either in advance of the delivery of the relevant Services to the Customer in relation to deposit monies or at any time after the relevant Services have been delivered to the Customer.
- 8.2 The Customer must pay the Charges in full to 452 upon satisfactory completion to the 452 lead personel while still at the location of the performed service(s) as per the 452 invoice in accordance with Clause 7.
- 8.3 The Customer must pay the Charges by Bitcoin, Credit Card, (PayPal), Cash or Check.
- 8.4 If the Customer does not pay any amount properly due to 452 under these Terms and Conditions, 452 may:
- (a) charge the Customer interest on the overdue amount at the added on rate of 10% of the amount owed on the invoice and 2.5% each day there after (interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month).
- (b) if the Customer is not a consumer, claim interest and statutory compensation from the Customer pursuant to Florida Sate Law and the agreed to terms of the signed contract.
- 8.5 Staged payments can be agreed and payment dates will be stipulated on your contract.
- 9.1 We will aim to complete the work within the agreed timescale. We are only liable for delays caused by our own negligence. Any work will be completed within a reasonable time.
10. Force Majeure
- 10.1 A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is beyond the reasonable control of a party, materially affects the performance of any of its obligations under this agreement, and could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
- 11.1 Any changes the Customer makes in relation to what is to be supplied, must be confirmed in writing or other durable form (e.g. email address listed on contract). This will ensure that both parties have a record of what was agreed.
- 11.2 Changes to the contract may also mean changes to the price and this will need to be confirmed in writing or other durable form and agreed by both parties.
- 11.3 Where changes or variations to the original contract occur after work has commenced and whilst on Customer Premises, acceptance of such changes may be made between both parties orally, face to face or via the telephone where time is of the essence and to stop work to gain written consent would result in further, unnecessary delays.
- 12.1 Depending on the circumstances, and where and how your contract was agreed to, Under Federal and Florida law, you do not have a three-day right of rescission (right to cancel) for contracted services.
- 12.2 If you wish to cancel this contract inside or outside of three business days of signing a contract we reserve the right to deduct/claim the direct costs we have incurred.
- 13.1 We will not be liable for any damage unless caused by our negligence.
14. Services provided
- 14.1 The Customer's rights under the Consumer Rights Act 2019, state that services should be provided with reasonable care and skill, within a reasonable time, (if no specific time has been agreed) and for a reasonable cost, (if no exact price has been agreed).
- 14.2 If a problem arises 452 aims to resolve the issue within a reasonable time.
15. Goods Provided
- 15.1 Any goods provided in line with the contract should be as described, of satisfactory quality, and fit for the purpose made known.
16. Complaints Policy
- 16.1 452 is committed to providing the highest levels of care to all our customers. If the Customer is in any way dissatisfied with 452's services then please let 452 know within three business days. This will help 452 to continually improve our services to the Customer.
- 16.2 In the unlikely event that the Customer is dissatisfied, the Customer is entitled to withhold up to 50% of the balance owed to cover any corrective work that may be required. 452 should be given the opportunity to complete any corrective work in the first instance.
- 16.3 When contacting 452, please detail the nature of the complaint, the Customer's contact details and indicate the preferred method of communication, e.g. telephone, email.
- 16.4 452 will acknowledge receipt of your complaint within three business days.
17. Governing Law & Interpretation/Dispute Resolution
- 17.1 This Agreement shall be construed and enforced under the substantive laws of the State of Florida without regard to conflicts of law principles.
- 17.2 Dispute Resolution. In the event of any dispute or claim arising from or relating to this agreement, or the breach or termination thereof (Dispute), the parties hereto shall use their best efforts to negotiate in a good faith attempt to settle the Dispute within fifteen days of written notice of such Dispute.
- 17.3 If the parties do not reach a solution through negotiation, both parties agree that all disputes or claims will be heard in a court of competent jurisdiction located in or nearest to Daytona Beach, Fl or any city agreed to by both parties in writing.
Contact Us By Snail Mail
452 Impact, Inc
Attention: 452TechServices.com division
100 S.E. 2nd Street #2000
Miami, Florida 33131
Contact Us By Email Just Use The Form Below
Effective as of May 24th, 2016