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Terms & Conditions

Last Updated: July 17, 2026

1. Introduction

Welcome to PROACTIVE IT SOLUTIONS LLC (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website located at goproactiveit.com and all related services, products, and offerings provided by PROACTIVE IT SOLUTIONS LLC. We are a professional IT consulting and computer systems design company (NAICS 541512) incorporated in California and headquartered at 4240 Albany Dr, Apt G205, San Jose, CA 95129.

These Terms constitute a legally binding agreement between you (“User,” “Client,” or “you”) and PROACTIVE IT SOLUTIONS LLC. Please read these Terms carefully before using our website or engaging our services. By accessing our website, requesting a quote, signing a service agreement, or otherwise engaging with our company, you agree to be bound by these Terms.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on our website. Your continued use of our services after any modification constitutes acceptance of the updated Terms.

2. Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

  • “Services” refers to all IT consulting, managed IT services, network setup and security, cloud solutions, cybersecurity assessments, data backup and disaster recovery, software development, technical support, and any other professional services offered by PROACTIVE IT SOLUTIONS LLC.
  • “Website” refers to the PROACTIVE IT SOLUTIONS LLC website and all associated web pages, content, and features.
  • “Client” refers to any individual, business entity, or organization that engages or contracts with PROACTIVE IT SOLUTIONS LLC for Services.
  • “User” refers to any individual who accesses or uses the Website, whether or not they are a Client.
  • “Service Agreement” refers to any written contract, statement of work, or service order entered into between PROACTIVE IT SOLUTIONS LLC and a Client.
  • “Confidential Information” refers to any non-public information disclosed by either party in connection with the Services that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.
  • “Intellectual Property” refers to all patents, copyrights, trademarks, trade secrets, and other proprietary rights.

3. Acceptance of Terms

By accessing or using our Website or Services, you represent and warrant that: (a) you are at least 18 years of age or the age of majority in your jurisdiction; (b) you have the legal authority to enter into these Terms on behalf of yourself or your organization; (c) your use of our Services will not violate any applicable law or regulation; and (d) all information you provide to us is accurate, current, and complete.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, you must not accept these Terms or use our Services on behalf of that entity.

4. Use of Site and Services

You agree to use our Website and Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use our Website or Services in any way that violates applicable federal, state, local, or international law or regulation
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm the Company or users of the Website
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software provided as part of our Services
  • Use our Services to develop competing products or services
  • Remove or alter any proprietary notices, labels, or marks on any materials provided by us

We reserve the right to terminate or suspend your access to our Services immediately, without prior notice, for any violation of these Terms.

5. User Accounts

Certain areas of our Website or client portal may require you to create an account. When creating an account, you agree to: provide accurate, current, and complete information; maintain and promptly update your account information; maintain the security and confidentiality of your login credentials; accept responsibility for all activities that occur under your account; and notify us immediately of any unauthorized use of your account.

We reserve the right to disable any user account at any time if, in our opinion, you have violated any provision of these Terms. You are responsible for ensuring that all persons who access our Services through your account are aware of and comply with these Terms.

7. Data Collection and Privacy

Your use of our Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of information as described in our Privacy Policy. In the course of providing IT services, we may have access to your systems, data, and networks. We treat all such access with strict confidentiality and implement appropriate security measures. We will not access, use, or disclose your data except as necessary to provide the agreed-upon Services or as required by law.

8. Liability and Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROACTIVE IT SOLUTIONS LLC PROVIDES THE WEBSITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL PROACTIVE IT SOLUTIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM: (A) YOUR USE OF OR INABILITY TO USE OUR SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) ANY THIRD-PARTY CONDUCT ON OUR SERVICES; OR (D) ANY OTHER MATTER RELATING TO OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR SERVICES IN THE THREE MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless PROACTIVE IT SOLUTIONS LLC and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of our Website or Services; (c) your violation of any third-party rights, including intellectual property rights; (d) your violation of any applicable law or regulation; or (e) any content you submit, post, or otherwise make available through our Services.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Santa Clara County, California, and you hereby consent to personal jurisdiction and venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

11. Dispute Resolution

Before filing a claim against PROACTIVE IT SOLUTIONS LLC, you agree to try to resolve the dispute informally by contacting us at roshan@goproactiveit.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, either party may proceed to formal dispute resolution.

For disputes involving amounts less than $10,000, either party may elect to resolve the dispute through binding non-appearance-based arbitration conducted by a recognized arbitration provider. The arbitration shall be conducted in English, and the arbitral award shall be final and binding. For all other disputes, the parties agree to submit to the exclusive jurisdiction of the courts described in Section 10.

12. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You may terminate your relationship with us by providing written notice and settling any outstanding obligations under your Service Agreement.

13. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and any applicable Service Agreement, constitute the entire agreement between you and PROACTIVE IT SOLUTIONS LLC regarding your use of our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement shall prevail with respect to the specific services covered therein.

14. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

15. Waiver

No failure or delay by PROACTIVE IT SOLUTIONS LLC in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

16. Notices

All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed duly given when: (a) delivered personally; (b) sent by nationally recognized overnight courier; (c) sent by certified or registered mail, return receipt requested, postage prepaid; or (d) sent by email with confirmation of receipt. Notices to PROACTIVE IT SOLUTIONS LLC should be addressed to: 4240 Albany Dr, Apt G205, San Jose, CA 95129, or emailed to roshan@goproactiveit.com.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

  • Company: PROACTIVE IT SOLUTIONS LLC
  • Address: 4240 Albany Dr, Apt G205, San Jose, CA 95129
  • Phone: (623) 363-7363
  • Email: roshan@goproactiveit.com