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General Terms and Conditions

Effective Date: October 16, 2025

This document outlines the general terms and conditions under which Nieto Technology Partners, LLC (“Nieto,” “We,” “Us,” or “Our”) provides IT, managed services, and related professional services to clients (“Client,” “You,” or “Your”). These terms are designed to ensure clarity, fairness, and transparency for both parties.

1. Definitions

Key terms used in this Agreement are defined as follows:

  • • “Agreement” means these Terms and Conditions, including any attached quotes, statements of work, or addenda.
  • •  “Business Hours” means 8:00 a.m. to 5:00 p.m. Central Time, Monday through Friday, excluding public holidays.
  • • “Services” means IT support, consulting, development, or other work performed by Nieto.
  • • “Goods” means any hardware, software, or materials provided by Nieto.
  • • “Quote” or “Estimate” means a written offer for Goods or Services provided to Client.
  • • “Order” means a Client’s acceptance of a Quote, either electronically or in writing.
  • • “Plan” means any ongoing managed services or subscription arrangement.
  • • “Rate Schedule” means the current list of hourly rates, call-out fees, or plan rates published by Nieto.

2. Application of These Terms

These Terms apply to all Goods and Services supplied by Nieto to the Client. Any terms proposed by the Client that conflict with these Terms are excluded unless agreed in writing. 

3. Quotes and Orders

  • • Quotes are valid for seven (7) days unless otherwise stated.  
  • • A Quote is not binding until accepted by both parties.  
  • • Orders may be accepted via email or e-signature.  
  • • Prices may change if supplier pricing or product availability changes before order confirmation.  
  • • Freight, delivery, or installation costs will be added unless otherwise stated.

4. Pricing and Payment

  • • All prices exclude taxes, shipping and handling fees, or credit card fees unless specified.  
  • • Payment is due per the terms on the invoice, generally within thirty (30) days.  
  • • Late payments may incur interest at the maximum rate permitted by law.  
  • • Nieto may suspend service for non-payment.  
  • • Prepaid service blocks and service plans must be paid in advance and are non-refundable. 

5. Term and Termination

  • • The initial term is as stated in the appropriate agreement.
  • • Either party may terminate this Agreement with sixty (60) days’ written notice.
  • • If terminated early, the Client agrees to pay all outstanding balances through the end of the commitment period.
  • • Client is responsible for out legal fees as well as interest for outstanding balances.
  • • Nieto may terminate for non-payment, breach of terms, or if continuation is impractical due to external factors. 

6. Services and Responsibilities

Nieto agrees to perform Services with reasonable care and skill consistent with industry standards.  
The Client agrees to:

  • • Provide timely access to systems, premises, and personnel as needed.
  • • Follow Nieto’s service request process.
  • • Maintain appropriate backups and security controls. 

7. Warranties and Liability

  • • Nieto warrants that Services will be performed professionally.  
  • • Nieto is not liable for data loss, software incompatibility, or third-party failures.
  • • Neither party is liable for indirect, incidental, or consequential damages. 

8. Privacy and Data Security

Nieto complies with applicable privacy laws, including the Texas Data Privacy and Security Act.  
We will take reasonable steps to protect Client data and confidential information.  
Clients remain responsible for their own backups, data integrity, and compliance obligations.

9. Confidentiality

Both parties agree to protect confidential information shared during the course of this Agreement and not disclose it to third parties without written consent, except as required by law. 

10. Non-Solicitation

Client agrees not to hire or solicit Nieto employees during the term of the agreement and 12 months following the termination of that agreement. 1.5 times annual salary rate will be fee for soliciting a Nieto Employee.  

11. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Texas.  
Any disputes shall first be submitted to mediation in Montgomery County, Texas, before either party may file a legal claim.

12. Force Majeure

Nieto will not be liable for any delay or failure caused by circumstances beyond its reasonable control, including but not limited to natural disasters, labor disputes, or supply chain disruptions. 

13. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements, communications, or representations.