Last Revised Date: 5-21-25
Welcome to BullerTech LLC (“BullerTech,” “we,” “our,” or “us“). These Terms & Conditions (the “Terms“) govern (a) the break/fix information‑technology support and related professional services we deliver (collectively, the “Services“) and (b) the purchase of hardware, software, cloud subscriptions, and associated maintenance or support that we obtain from third‑party manufacturers, publishers, distributors, and service providers (each, a “Vendor“) on your behalf (the “Vendor Products“).
By submitting a support ticket, signing a Statement of Work (“SOW“), placing a purchase order, clicking “I agree,” or otherwise indicating acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms.
IMPORTANT NOTICE – PLEASE READ CAREFULLY
BULLERTECH IS A BREAK/FIX IT SERVICES, CONCIERGE, AND HELP DESK PROVIDER. WE ARE NOT THE MANUFACTURER, PUBLISHER, OR LICENSOR OF ANY VENDOR PRODUCT. EXCEPT AS EXPRESSLY STATED IN § 4.1 BELOW, BULLERTECH DISCLAIMS ALL WARRANTIES AND LIMITS ITS LIABILITY AS SET FORTH IN § 5.
1.1 Facilitation of Vendor Products. We act solely as an independent intermediary that sources and facilitates delivery of Vendor Products. We do not design, manufacture, host, or control the Vendor Products and are not a party to any end‑user license agreement, terms of service, or warranty issued by a Vendor (collectively, “Vendor Terms“).
1.2 Break/Fix IT Services. Our Services include on‑demand troubleshooting, diagnosis, remediation, repair, replacement, configuration, installation, migration, and related technical assistance for your information‑technology environment (“Break/Fix Support“). Services may be delivered remotely or on‑site and, unless otherwise agreed in a separate SOW, are provided on a time‑and‑materials basis at our then‑current labor rates.
1.3 Statement of Work Supremacy. If we execute an SOW or Master Services Agreement (“MSA“) with you, the terms of that signed document will govern to the extent of any direct conflict with these Terms.
1.4 Vendor Terms Prevail for Vendor Products. Your rights and remedies with respect to any Vendor Product—including any installation, configuration, performance, support, updates, upgrades, service levels, warranties, return policies, or guarantees—are governed exclusively by the applicable Vendor Terms.
2.1 Service Tickets. Each request for Break/Fix Support that you submit (whether by phone, email, portal, or other means) constitutes a “Service Ticket.” We will use commercially reasonable efforts to acknowledge and address Service Tickets in accordance with any response targets we may publish or agree upon in writing, but such targets are guidelines and not guarantees.
2.2 Labor Rates. Unless a fixed‑price or retainer arrangement is set forth in an SOW, Break/Fix Support is billed in minimum fifteen‑minute increments at the hourly rates specified in our quote or most recent rate card (current rate card available at bullertech.com/pricing). After‑hours or emergency work may incur higher rates.
2.3 Vendor Products. Written or electronic quotations for Vendor Products are valid for the period stated; if no period is stated, the quotation is valid for seven (7) days.
2.4 Invoices & Payment. You agree to pay all invoices within sixty (60) days of the invoice date unless otherwise specified in writing. Late payments may accrue interest at seven percent (7 %) per month (or the maximum rate permitted by law, if lower). We reserve the right to suspend Services for overdue accounts. If a client is in communication with us, we will not suspend services but will require a payment plan for all open invoices at 90 days past due. For non‑communicating clients, Services will be suspended after 60 days of non‑payment.
2.5 Taxes. Prices are exclusive of applicable federal, state, local, and foreign taxes, duties, and assessments. You are responsible for all such taxes except taxes based on BullerTech’s net income.
3.1 Customer Cooperation. You agree to provide timely access to systems, facilities, documentation, personnel, and decision‑makers as reasonably required for us to perform the Services. Our performance is contingent on such cooperation.
3.2 Shipping of Physical Products. Physical Vendor Products are shipped FOB Origin (UCC § 2‑319). Risk of loss passes to you upon delivery to the carrier.
3.3 Electronic Delivery. Electronic delivery of software, licenses, or cloud subscriptions is complete when access credentials or download links are transmitted to the email address you designate.
4.1 Limited Services Warranty. We warrant solely that the Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. Your exclusive remedy for breach of this warranty is re‑performance of the non‑conforming portion of the Services within a reasonable time‑frame. You must notify us in writing of any claim within thirty (30) days after the Service is completed.
4.2 Disclaimer of Other Warranties. EXCEPT FOR THE LIMITED SERVICES WARRANTY IN § 4.1, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING RCW 62A.2‑316), BULLERTECH PROVIDES THE SERVICES, VENDOR PRODUCTS, AND ANY DELIVERABLES “AS IS” AND “WITH ALL FAULTS,” AND MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF TITLE, NON‑INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 Vendor Warranties. Any warranty covering a Vendor Product is provided solely by the Vendor under the applicable Vendor Terms. We will, upon your written request, use commercially reasonable efforts to facilitate warranty claims with the Vendor, but we assume no responsibility or liability for the Vendor’s performance.
5.1 Types of Damages. IN NO EVENT WILL BULLERTECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA, OR COST OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 Cap on Damages. BULLERTECH’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE VENDOR PRODUCTS WILL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO BULLERTECH FOR (A) THE SPECIFIC SERVICE TICKET GIVING RISE TO THE CLAIM OR (B) THE SPECIFIC VENDOR PRODUCT(S) GIVING RISE TO THE CLAIM, AS APPLICABLE.
5.3 Essential Purpose. The limitations in this Section 5 are fundamental elements of the bargain and shall apply even if any remedy fails of its essential purpose.
You agree to defend, indemnify, and hold harmless BullerTech, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, judgments, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your breach of these Terms; (b) your negligence or willful misconduct; or (c) your use of the Services or Vendor Products in violation of applicable law or the Vendor Terms.
You represent and warrant that you will comply with all applicable federal, state, and local laws and regulations, including U.S. export control laws and the Washington Consumer Protection Act (RCW 19.86), in connection with your purchase and use of the Services and Vendor Products.
Returns, cancellations, exchanges, or credits (if any) are subject to the Vendor’s policies and may require a return authorization. Restocking or cancellation fees may apply.
9.1 Governing Law. These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict‑of‑laws rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply.
9.2 Venue. The state or federal courts located in Snohomish County, Washington shall have exclusive jurisdiction over any dispute arising under these Terms, and the parties hereby consent to such jurisdiction and venue.
9.3 Attorneys’ Fees. The prevailing party in any action to enforce these Terms is entitled to recover its reasonable attorneys’ fees, costs, and expenses.
Neither party will be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, acts of civil or military authority, labor disputes, supply shortages, or the inability to obtain necessary transportation or materials.
We may modify these Terms at any time by posting a revised version on our website. Changes become effective upon posting and apply to all orders and Service Tickets placed thereafter. Your continued use of our Services after the effective date constitutes acceptance of the revised Terms.
These Terms, together with any BullerTech quotation, invoice, ticket confirmation, SOW, or MSA referencing them, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior or contemporaneous oral or written communications. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver by either party of any breach shall be deemed a waiver of any other breach.
For questions regarding these Terms, to submit a Service Ticket, or to request assistance with Vendor warranty claims, please contact:
BullerTech
Attn: Legal & Compliance
2801 Bickford Ave #103-425
Snohomish, WA 98290
Email: support@bullertech.com
Phone: (425)770-9995
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