Effective Date: June 2, 2025
In these Conditions, the Rate Schedule, and every Quote, Order, Plan contract, or other arrangement in connection with the supply of Goods or Services by BVTech LLC, the following words have the following meanings:
In these Conditions: the singular includes the plural and vice versa; reference to any gender includes every other gender; reference to any Act of Parliament, Statute or Regulation includes any amendment currently in force; headings are for convenience only; all references to dollars ($) are to US Dollars; a reference to time is to Central Standard Time (USA); a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa; a reference to "includes" means includes without limitation.
Unless otherwise agreed by Us in writing, these Conditions are deemed incorporated in and are applicable to (and to the extent of any inconsistency will prevail over) the terms of every Quote, Order, Plan, contract, or other arrangement in connection with the supply of Goods and/or Services by Us to You. The invalidity or unenforceability of any one or more of the provisions of this Agreement will not invalidate, or render unenforceable, the remaining provisions of this Agreement.
The minimum term that You acquire the service for is outlined in Our Quote to You, beginning from the first of the month following the acceptance of the Quote or as otherwise agreed in writing.
4.1. This Agreement may be terminated by You upon ninety (90) days written notice if We: (a) Fail to fulfill in any material respect its obligations under this Agreement and do not cure such failure within thirty (30) days of receipt of such written notice; (b) Breach any material term or condition of this Agreement and fail to remedy such breach within thirty (30) days of receipt of such written notice; (c) Terminate or suspend our business operations, unless it is succeeded by a permitted assignee under this Agreement.
4.2. This Agreement may be terminated by Us upon thirty (30) days written notice if You: (a) Fail to pay any amount due under this Agreement when due; (b) Breach any material term or condition of this Agreement and fail to remedy such breach within thirty (30) days of receipt of written notice; (c) Become subject to any bankruptcy, insolvency, or similar proceeding.
You acknowledge that no employee or agent of Ours has any right to make any representation, warranty or promise in relation to the supply of Goods or Services other than subject to and as may be contained in the Conditions.
Any notices given under the Conditions shall be in writing and sent by e-mail to the last notified e-mail address of Yours.
These Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to principles of conflict of laws. The parties submit to the exclusive jurisdiction of the state and federal courts located in Bexar, Travis, Hays, or Harris County, Texas, for the resolution of any disputes arising under or in connection with this Agreement. You acknowledge that this choice of law and forum is reasonable and that Texas has a substantial relationship to the parties and the transactions contemplated by this Agreement.
You may not assign Your rights and obligations under this Agreement without the prior written consent of Us.
We may at any time vary these Terms and Conditions by publishing the varied Terms and Conditions on Our website. You accept that by doing this, We have provided You with sufficient notice of the variation.
Both parties agree to comply with all applicable federal, state, and local laws, rules, and regulations in connection with the performance of their obligations and use of the Services under this Agreement. This includes, but is not limited to, compliance with Texas sales and use tax laws, particularly those pertaining to data processing services. You acknowledge that certain services provided by Us, such as data storage, retrieval, processing, web hosting, and website creation/maintenance, may be subject to Texas sales and use tax, and You are responsible for paying such applicable taxes.
11.1. Quotes will only be valid for 7 days unless otherwise specified. A Quote is merely an invitation to You to place an Order with Us and the acceptance of a Quote by You will not create a binding contract between You and Us.
11.2. Expiry dates on quotes are set to inform Us when the quote is still active or to be discarded.
11.3. Once a quote has been confirmed by Us, then the prices in the quote will be confirmed as the final agreed price.
11.4. The price in the final quote may vary from the original request if there are any price or product changes requested by You. We reserve the right to alter product and prices in the quote, as long as the quote has not been confirmed with You.
11.5. Quotes and estimates shall be deemed to correctly interpret the original specifications and are based on the cost at the time the quote or estimate is given.
11.6. Once the Quote has been confirmed and converted to an Order, the Order will be subjected to our normal Terms and Conditions of Sale.
11.7. The general minimum turnaround time for Quote requests to be actioned is usually 24 hours.
11.8. When a special price or discount offer has been applied to this Quote, no other special promotion, discount or bonus offer will be applicable.
11.9. In the event that products in the Quote are subjected to any price and supply fluctuations that are outside of Our control, We reserve the right to update the price and product in the Quote accordingly.
11.10. Price on non-stocked products are subjected to price and stock fluctuations and can only be confirmed once the Quote is turned into an Order.
11.11. Once a Quote has already passed the expired date, We may cancel the quote or estimate without having to notify or receive an approval from You.
11.12. ETA information is based on an estimate given by our vendors and cannot be held as the actual promised date.
11.13. Freight charges will be added to the Order unless otherwise stated. Any included delivery charges are estimates only.
11.14. We do not keep inventory and as such only order items once we receive a completed order from a client. If You would like to return an item or cancel an order, a restocking fee may apply.
11.15. Prices are based upon total Quote Purchase.
11.16. Unless specified, all items on quote are covered by manufacturer's warranty covering parts and labor for hardware only on a return to depot basis.
11.17. We may vary or withdraw a Quote at any time in Our absolute discretion and without prior notice to You.
12.1. You may place an Order for Goods and/or Services with Us. Normally, We will require that You provide either a completed Order form or You approve the quote electronically via either an email or a web-based system.
12.2. You will need to sign the Order or have it duly executed on Your behalf, unless the Order is sent by email or via the web-based ordering system.
12.3. Absent actual knowledge to the contrary, We may rely upon the apparent validity of an Order.
12.4. An Order has no effect unless or until it is accepted by Us in writing and, until We have received from You payment in clear funds for the Order.
12.5. We are not obliged to deliver any Order until we have received payment in clear funds from You for the Order.
12.6. For the purposes of ascertaining the credit standing or history of a prospective customer, You hereby consents to Us undertaking a credit reference check in respect to You.
12.7. You will not cancel an Order unless We agree to do so in writing in Our absolute discretion.
12.8. We have processes and procedures that We follow in the course of the provision of Our Services and the supply of Goods. You agree to co-operate with Us and to comply with such processes and procedures as advised to You from time to time.
13.1. All rates and amounts charged or quoted for Goods and/or Services by Us are exclusive of Sales Tax and any other applicable taxes or government charges (unless otherwise stated in writing by Us).
13.2. You must pay for Goods and Services at the Rates set out in any applicable Plan and the Rate Schedule as applicable from time to time.
13.3. We reserve the right vary any Rate and/or the Rate Schedule from time to time, in its absolute discretion and without notice to You.
13.4. You acknowledge that call-out fees may be charged in addition to the Rates at Our absolute discretion.
13.5. Where We arrange a return or refund on behalf of You, or where an Order is cancelled, a Return/Cancellation Fee may apply.
13.6. You must pay any out of pocket expenses incurred by Us in providing the Services to You in addition to the Rates, upon written demand.
13.7. We may in Our absolute discretion charge for Goods separately from Services or may charge for Goods and Services together.
13.8. Where a charge is calculated based on increments of time, We will charge the applicable rate for the whole increment of time even if work is done during part of that increment.
13.9. Without prejudice to any other rights of Ours, where there is any increase in the underlying costs, We may vary any of Our Rates.
13.10. Where You agree to buy Pre-Paid Blocks of Service during a Period, payment must be received in advance. Services remaining unused for that Period cannot be rolled over into any subsequent Period.
14.1. Currently, We offer the Services and Plans referred to in the Rates Schedule and any Plan Schedule. We may withdraw the provision of, or vary the scope or terms of, or add to or change, the Services without notice to You, from time to time in Our absolute discretion.
14.2. We will provide You with a copy of the current Rates Schedule upon request.
We may subcontract any or all of the Services to be performed, but shall retain prime responsibility for the Services under these terms.
16.1. We will use all reasonable endeavors to despatch Goods by the due date, but do not accept any liability for non-delivery or failure to deliver on time where this is caused by circumstances beyond Our reasonable control.
16.2. You must be available to accept the Goods at Your nominated delivery address during Business Hours unless otherwise arranged.
16.3. Delivery is deemed to take place when the Goods are delivered to Your nominated address, whereupon risks of loss, breakage and all damage pass to You.
16.4. You will ensure that Goods are adequately insured from the time of delivery.
16.5. Until We receive full payment in cleared funds for any moneys due to Us: (a) title to Goods supplied to You remain vested in Us; (b) You must hold those Goods as fiduciary bailee and agent for Us; (c) You must keep those Goods separate from other goods.
17.1. You acknowledge that We supply Goods obtained from third-party manufacturers and suppliers.
17.2. Where Goods have some element of customization for You, the Goods may not be returnable.
17.3. You will inspect all Goods immediately upon their delivery. Within 7 days of such delivery You may give written notice to Us of any matter or thing by reason of which You might wish to return the Goods.
17.4. Where You are entitled to return Goods, You must return the Goods in their original condition and unopened.
17.5. You will pay all costs and expenses incurred by Us in arranging the return of the Goods.
17.6. You will indemnify and hold Us harmless in respect of all claims in respect of Goods once such Goods have been used, installed, customized or re-sold by You.
18.1. You acknowledge that a reasonable incident of the Services includes the risk that despite Our best efforts to provide appropriate tests, troubleshooting, sound advice and good recommendations in order to assist You, You will always indemnify and hold Us harmless in the provision of our Services to You.
18.2. We are only obliged to provide what We consider, in Our absolute discretion, to be reasonable assistance in the circumstances under any Plan and You will pay for additional work at the applicable Rates.
18.3. You acknowledge that We have no control over many factors involved with the suitability, function or fitness for purpose of Goods in an existing or new computer environment. Accordingly, You will accept the sole responsibility for decisions as to whether or not to follow recommendations by Us, and any failure or defect in suitability, function or fitness for purpose of any Goods and/or Services.
18.4. You will follow Our instructions with regard to testing or troubleshooting any problems.
19.1. FOR ALL GOODS SUPPLIED BY US, INCLUDING COMPUTER HARDWARE AND OFF-THE-SHELF SOFTWARE, WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER IS CONSPICUOUS AND IN WRITING.
19.2. You acknowledge that Texas law generally does not recognize implied warranties in the provision of professional services. Our Services are provided with reasonable care and skill, consistent with industry standards.
19.3. Any express warranties provided by Us for specific Goods or Services will be clearly stated in writing within the applicable Quote, Order, or Plan.
19.4. Goods may be subject to the warranties provided by their respective manufacturers. We will pass through any such manufacturer's warranties to You to the extent permissible.
20.1. If We are unable to supply any Goods or Services due to circumstances beyond Our reasonable control ("Force Majeure Event"), We may cancel the Order or cease to provide the Services by written notice to You.
20.2. We will not be liable for any breach of contract due to any matter or thing beyond Our control, including failures by third parties to supply goods, services or transport, stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, wars, riots, civil commotion, intervention or public authority, explosion or accident.
We make every effort to supply the Goods and Services in accordance with the specifications provided. However, manufacturers and suppliers may alter product specifications without notice. We reserve the right to supply Goods and Services that are materially similar to, or improved versions of, those specified in the Quote or Order.
22.1. We are committed to protecting Your privacy and the personal data We process. Our data collection and processing practices are governed by Our Privacy Policy, available on Our website. We comply with applicable data privacy laws, including the Texas Data Privacy and Security Act (TDPSA), effective July 1, 2024.
22.2. To the extent applicable, We will adhere to the TDPSA's requirements, including: (a) Data Minimization; (b) Transparency; (c) Data Security; (d) Consumer Rights; (e) Sensitive Data handling with explicit consent.
22.3. If We act as a "data processor" for Your personal data, the terms governing such processing will be set forth in a separate Data Processing Agreement (DPA).
22.4. Data Breach Notification (Texas Identity Theft Enforcement and Protection Act – ITEPA): (a) We will implement and maintain reasonable safeguards to protect sensitive personal information; (b) In the event of a data breach affecting 250 or more Texas residents, We will report the breach to the Office of the Texas Attorney General no later than 30 days after determining the breach occurred; (c) We will provide timely notice to affected individuals no later than 60 days after determining the breach occurred; (d) Both parties will cooperate in good faith to investigate and mitigate any data breach.
We will maintain Our website with reasonable care and skill. However, We do not warrant that the website will be uninterrupted, error-free, or free from viruses or other harmful components.
We maintain insurance coverage appropriate for the scope of Services We provide. Details of Our insurance coverage can be provided upon reasonable request.
You are responsible for lodging Service Requests in accordance with the process outlined in Appendix A.
You agree to provide Us with timely and unrestricted access to Your systems, sites, and personnel as reasonably required for Us to perform the Services. Any delays caused by Your failure to provide such access may result in additional charges or delays in service delivery.
You are responsible for obtaining any necessary authorizations or consents from third parties that may be required for Us to perform the Services.
28.1. You agree to pay all invoices issued by Us in accordance with the payment terms specified in the Quote, Order, or Plan.
28.2. If any payment is not received by the due date, We reserve the right to charge interest on the overdue amount at the maximum rate permitted by Texas law.
28.3. In the event of Your default in payment, We may: (a) Suspend or terminate the provision of Services without notice; (b) Require immediate payment of all outstanding amounts; (c) Pursue collection efforts and You agree to pay all reasonable costs including attorney's fees and court costs.
29.1. During the term of this Agreement and for a period of twelve (12) months following its termination or expiration, You agree not to directly or indirectly solicit any client or customer of Ours for the purpose of providing similar services.
29.2. During the same period, You agree not to directly or indirectly solicit or induce any employee of Ours to leave their employment with Us.
29.3. You acknowledge that the restrictions set forth in this Clause are reasonable and necessary to protect Our legitimate business interests.
30.1. You acknowledge that all Software provided by Us is subject to applicable license agreements.
30.2. You shall not make unauthorized copies of any Software provided by Us or any third party.
30.3. You are solely responsible for ensuring Your compliance with all Software licenses.
31.1. This Acceptable Use Policy ("AUP") outlines the rules and guidelines for Your use of Our Services and systems. By using the Services, You agree to be bound by this AUP.
31.2. You agree not to use the Services to engage in any of the following prohibited activities: (a) Illegal Activities; (b) Intellectual Property Infringement; (c) Harmful Content including viruses, malware, Trojan horses; (d) Harassment or Abuse; (e) Interference with Services; (f) Unauthorized Access or Security Circumvention; (g) Spam or Unsolicited Communications; (h) Sharing Credentials; (i) Misrepresentation; (j) Unauthorized Commercial or Political Use.
31.3. Any violation of this AUP may result in immediate suspension or termination of Services, legal action, and cooperation with law enforcement authorities.
32.1. All Intellectual Property Rights in and to the Services, Our methodologies, tools, and pre-existing software shall remain Our sole and exclusive property.
32.2. You retain all Intellectual Property Rights in and to Your data, content, and any materials You provide to Us.
32.3. Unless otherwise explicitly agreed in a separate written agreement, all Intellectual Property Rights in custom software or deliverables developed by Us for You shall be owned by Us. We grant You a non-exclusive, perpetual, worldwide, royalty-free license to use such custom deliverables solely for Your internal business operations.
32.4. If any third-party software or open-source components are incorporated into the deliverables, their use will be governed by their respective license terms.
32.5. Each party shall indemnify and hold harmless the other party from any claims alleging IP infringement.
If We engage any individuals or entities as independent contractors to perform Services under this Agreement, it is expressly understood that such individuals or entities are independent contractors and not employees, partners, or joint venturers of Yours or Ours.
34.1. In the event of any dispute, the parties agree to first attempt to resolve the dispute through good faith negotiation between senior representatives within fourteen (14) days of written notice of the dispute.
34.2. If the dispute cannot be settled through negotiation, the parties agree to attempt to settle the dispute by non-binding mediation administered by the Texas Justice Center or JAMS in Bexar, Travis, Hays, or Harris County, Texas. The parties shall share the fees of mediation equally.
34.3. If mediation is unsuccessful, then all disputes shall be submitted to binding arbitration before a single arbitrator of the Texas Justice Center or JAMS, in accordance with their respective rules of arbitration. The parties agree to share the fees of arbitration equally.
34.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. This waiver is made knowingly, voluntarily, and intentionally.
34.5. All disputes arising under this Agreement shall be governed by Texas statutes of limitations.
All service requests must be lodged through one of the following approved methods during Business Hours: (a) Online Portal: Access Our dedicated client portal and submit a new service request ticket (preferred method); (b) Email: Send an email detailing Your request to [email protected] with a clear subject line and comprehensive description; (c) Phone: For urgent issues, call Our support line at (210) 538-3669.
All service requests should include at a minimum: Your full name and company name; a clear description of the issue; any relevant error messages, screenshots, or documentation; the urgency or impact level; and contact information for follow-up.
Service requests will be prioritized based on their impact and urgency, as determined by Us. Critical issues affecting core business operations will receive the highest priority.
After Hours support is reserved for critical issues that: result in a complete outage of a primary business system; prevent a significant number of employees from performing essential functions; or pose an immediate and significant security risk. Non-critical issues submitted After Hours will be addressed during the next Business Hours. After Hours rates may apply as per Our Rate Schedule.
We will endeavor to respond to and resolve service requests in a timely manner, consistent with the priority level and the terms of Your specific Plan.
Effective Date: October 17, 2025
BVTech LLC ("we," "our," or "us") is committed to protecting your privacy. This Cookie Policy explains how we use cookies and similar technologies on bvtech.org.
Cookies are small text files placed on your device when you visit a website. They enable the website to remember your actions and preferences over time. Session Cookies are temporary and deleted when you close your browser. Persistent Cookies stay on your device for a set period.
We use cookies for: Essential site functionality (e.g., login, navigation); Performance analysis; Functional preferences (language, region); Targeting/Advertising; and Analytics.
We may allow third-party service providers (such as Google Analytics or advertising networks) to set cookies on your device. These parties may track your activities across various websites to serve personalized advertisements.
You can manage cookie preferences through your browser settings. You can opt-out of targeted advertising by visiting the Digital Advertising Alliance's opt-out page. You can also use the cookie settings provided in our banner when you first visit our website.
Essential: wpconsent_preferences (stores consent preferences, 30 days).
Statistics (Google Analytics): _ga, _gid, _gat, __utma, __utmb, __utmc, __utmz, __utmv, __utmt, __utmx, _gali, _ga_, _gac_ — used for traffic analysis and site improvement.
Marketing (YouTube): GPS, VISITOR_INFO1_LIVE, PREF, YSC, DEVICE_INFO, LOGIN_INFO, VISITOR_PRIVACY_METADATA — used for embedded video functionality and marketing.
We may update this Cookie Policy from time to time. When we make changes, we will update the "Effective Date" at the top of this policy.
If you have any questions about this Cookie Policy, please contact us at:
BVTech LLC
Jordan Polasek
Email: [email protected]
Phone: (210) 538-3669 (ext 1.)
BVTech LLC
1902 Kirby Rd, El Campo, TX 77437
Phone: (210) 538-3669
Email: [email protected]
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