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Think Big Technology LLC Terms of Service

Last Updated: August 21, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between Think Big Technology LLC, a New Jersey limited liability company ("Think Big Technology," "Company," "we," "us," or "our"), and you ("Customer," "Client," "you," or "your") regarding your use of our information technology support services, consulting services, and related offerings (collectively, the "Services").

By engaging our Services, accessing our website, communicating with our support team, or executing a service agreement that references these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must discontinue use of our Services immediately.

These Terms apply to all customers, including but not limited to businesses, organizations, and individuals who engage Think Big Technology for IT support, consulting, implementation, maintenance, or related technology services within the United States.

2. Description of Services

Think Big Technology provides comprehensive information technology support and consulting services to business customers, including but not limited to:

2.1 IT Support Services:

2.2 Consulting Services:

2.3 Implementation Services:

The specific scope of Services provided to you will be detailed in a separate Service Agreement, Statement of Work, or similar document that may reference these Terms. In the event of any conflict between these Terms and a specific Service Agreement, the Service Agreement shall control with respect to the specific services described therein.

3. Customer Obligations and Responsibilities

3.1 Accurate Information:

You agree to provide accurate, complete, and current information when requesting Services and to promptly update such information as necessary. You are responsible for ensuring that all contact information, including email addresses and phone numbers, remains current.

3.2 Access and Cooperation:

You agree to provide Think Big Technology with reasonable access to your systems, networks, and facilities as necessary to perform the Services. This includes providing necessary credentials, permissions, and cooperation from your personnel. You acknowledge that delays in providing access or information may impact service delivery timelines.

3.3 Data Backup:

While Think Big Technology may provide backup services as part of our offerings, you remain ultimately responsible for maintaining appropriate backups of your critical data. You agree to implement and maintain backup procedures independent of our Services.

3.4 Security Compliance:

You agree to implement and maintain reasonable security measures for your systems and data, including but not limited to using strong passwords, keeping software updated, and following security best practices as recommended by Think Big Technology.

3.5 Authorized Use:

You represent and warrant that you have the legal authority to engage Think Big Technology's Services on behalf of your organization and that all use of our Services will comply with applicable laws and regulations.

3.6 Third-Party Services:

You acknowledge that certain Services may require the use of third-party software, platforms, or services. You agree to comply with the terms and conditions of such third-party providers and understand that Think Big Technology is not responsible for the availability, functionality, or terms of third-party services.

4. Payment Terms and Billing

4.1 Fees and Charges:

Fees for Services will be as specified in your Service Agreement or as otherwise agreed in writing. Unless otherwise specified, all fees are due within thirty (30) days of the invoice date. Think Big Technology reserves the right to charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

4.2 Billing Disputes:

Any billing disputes must be raised in writing within sixty (60) days of the invoice date. Undisputed portions of invoices remain due and payable according to normal terms.

4.3 Expense Reimbursement:

Customer agrees to reimburse Think Big Technology for reasonable out-of-pocket expenses incurred in connection with providing Services, including but not limited to travel expenses, hardware costs, and third-party software licenses, as pre-approved by Customer.

4.4 Taxes:

Customer is responsible for all applicable federal, state, and local taxes, duties, and fees related to the Services, excluding taxes based on Think Big Technology's net income.

4.5 Suspension of Services:

Think Big Technology reserves the right to suspend Services for non-payment after providing thirty (30) days written notice, during which time Customer may cure the default by paying all outstanding amounts.

5. Intellectual Property Rights

5.1 Think Big Technology IP:

Think Big Technology retains all right, title, and interest in and to its pre-existing intellectual property, including but not limited to proprietary methodologies, tools, software, documentation, and know-how. No license or right is granted to Customer except as expressly set forth in these Terms or a separate written agreement.

5.2 Customer IP:

Customer retains all right, title, and interest in and to its pre-existing intellectual property and data. Customer grants Think Big Technology a non-exclusive, royalty-free license to use Customer's intellectual property solely as necessary to provide the Services.

5.3 Work Product:

Unless otherwise specified in a Service Agreement, any work product created specifically for Customer and paid for by Customer shall be owned by Customer, subject to Think Big Technology's retained rights in its pre-existing intellectual property and methodologies.

5.4 Feedback:

Any feedback, suggestions, or improvements provided by Customer regarding the Services may be used by Think Big Technology without restriction or compensation.

6. Confidentiality

6.1 Confidential Information:

Each party acknowledges that it may have access to confidential information of the other party, including but not limited to business strategies, customer lists, financial information, technical data, and proprietary processes ("Confidential Information").

6.2 Obligations:

Each party agrees to: (a) maintain the confidentiality of the other party's Confidential Information; (b) not disclose such information to third parties without prior written consent; and (c) use such information solely for the purpose of performing under these Terms.

6.3 Exceptions:

The obligations in this Section 6 do not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully known prior to disclosure; (c) is rightfully received from a third party without breach of confidentiality; or (d) is required to be disclosed by law or court order.

6.4 Data Security:

Think Big Technology implements administrative, technical, and physical safeguards designed to protect Customer's confidential information and data, as further described in our Privacy Policy.

7. Data Protection and Privacy

Customer data protection and privacy rights are governed by our Privacy Policy, which is incorporated into these Terms by reference. By engaging our Services, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.

Think Big Technology will process Customer data only as necessary to provide the Services and in accordance with applicable data protection laws. Customer represents and warrants that it has obtained all necessary consents for Think Big Technology to process personal data in connection with the Services.

8. Warranties and Disclaimers

8.1 Mutual Warranties:

Each party represents and warrants that: (a) it has the legal power and authority to enter into these Terms; (b) these Terms constitute a valid and binding obligation; and (c) its performance will not violate any other agreement to which it is a party.

8.2 Service Warranty:

Think Big Technology warrants that Services will be performed in a workmanlike manner consistent with industry standards. Customer's exclusive remedy for breach of this warranty is re-performance of defective Services or, if re-performance is not feasible, a refund of fees paid for the defective Services.

8.3 Disclaimer:

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THINK BIG TECHNOLOGY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THINK BIG TECHNOLOGY DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

8.4 Third-Party Services:

Think Big Technology disclaims all warranties with respect to third-party hardware, software, or services, which are subject to the warranties, if any, provided by their respective manufacturers or providers.

9. Limitation of Liability

9.1 Limitation of Damages:

IN NO EVENT SHALL THINK BIG TECHNOLOGY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL FEES PAID BY CUSTOMER TO THINK BIG TECHNOLOGY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9.2 Excluded Damages:

IN NO EVENT SHALL THINK BIG TECHNOLOGY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER THINK BIG TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Exceptions:

The limitations in this Section 9 do not apply to: (a) Think Big Technology's gross negligence or willful misconduct; (b) violations of confidentiality obligations; (c) infringement of intellectual property rights; or (d) amounts owed under indemnification provisions.

10. Indemnification

10.1 Customer Indemnification:

Customer agrees to indemnify, defend, and hold harmless Think Big Technology from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) Customer's breach of these Terms; (b) Customer's negligent or wrongful acts; (c) Customer's violation of applicable laws; or (d) claims that Customer's data or materials infringe third-party rights.

10.2 Think Big Technology Indemnification:

Think Big Technology agrees to indemnify, defend, and hold harmless Customer from and against any claims that the Services, when used as authorized, infringe valid U.S. patents or copyrights, provided that Customer promptly notifies Think Big Technology of such claims and cooperates in the defense.

10.3 Procedure:

The indemnifying party shall have sole control of the defense and settlement of indemnified claims, provided that no settlement admitting fault or imposing obligations on the indemnified party may be made without the indemnified party's consent.

11. Term and Termination

11.1 Term:

These Terms commence on the date of first engagement of Services and continue until terminated in accordance with this Section 11.

11.2 Termination for Convenience:

Either party may terminate these Terms or any Service Agreement for convenience with thirty (30) days written notice.

11.3 Termination for Cause:

Either party may terminate these Terms immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure within thirty (30) days after written notice; (b) becomes insolvent or files for bankruptcy; or (c) ceases to conduct business in the ordinary course.

11.4 Effect of Termination:

Upon termination: (a) all rights and obligations shall cease except those that by their nature survive termination; (b) Customer shall pay all outstanding fees for Services performed; (c) each party shall return or destroy the other party's Confidential Information; and (d) Think Big Technology shall provide reasonable assistance for transition of Services for up to ninety (90) days, subject to Customer's payment of applicable fees.

11.5 Survival:

The following sections shall survive termination: Payment Terms, Intellectual Property Rights, Confidentiality, Warranties and Disclaimers, Limitation of Liability, Indemnification, and General Provisions.

12. Force Majeure

Neither party shall be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failures of internet or telecommunications infrastructure. The affected party shall promptly notify the other party and use reasonable efforts to mitigate the impact.

13. General Provisions

13.1 Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles.

13.2 Jurisdiction:

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the federal and state courts located in New Jersey.

13.3 Entire Agreement:

These Terms, together with any Service Agreements and the Privacy Policy, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications and proposals.

13.4 Amendment:

These Terms may be amended only by written agreement signed by both parties, except that Think Big Technology may update these Terms with thirty (30) days notice for changes that do not materially affect Customer's rights.

13.5 Assignment:

Customer may not assign these Terms without Think Big Technology's prior written consent. Think Big Technology may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

13.6 Severability:

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.7 Waiver:

No waiver of any provision shall be effective unless in writing and signed by the waiving party. No waiver shall constitute a continuing waiver or waiver of any other provision.

13.8 Independent Contractors:

The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.

13.9 Notices:

All notices shall be in writing and delivered to the addresses specified in the applicable Service Agreement or, if none, to the last known business address of the recipient.

SMS Updates Clause:

By texting our support number or replying START to an invitation, you agree to receive ticket-related SMS messages from Think Big Technology. Message frequency may vary. Message and data rates may apply. Reply HELP for help or STOP to cancel at any time. We do not send marketing by SMS. No mobile information will be shared or sold to third parties or affiliates for marketing or promotional purposes. SMS opt-in data and consent will not be shared with third parties.