Terms of service.

TERMS OF SERVICE

Last Updated: October 1, 2024

Welcome to FLUME LLC ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our services, products, and website. By using our services, you agree to be bound by these Terms. Please read them carefully.

1. Overview of Services

FLUME LLC provides IT consulting, residential, and business AV, security, and IT solutions. These Terms apply to all users of our services, including visitors, clients, and others who access or engage with our offerings.

2. Acceptance of Terms

By accessing or using our services, you agree to be bound by these Terms. If you do not agree, please refrain from using our services.

3. Changes to Terms

We may revise these Terms at any time without prior notice. The latest version will be posted on our website, and continued use of our services constitutes your acceptance of any changes.

4. User Obligations

  • You must provide accurate, current, and complete information when engaging with our services.

  • You are responsible for maintaining the confidentiality of your account information and any activities conducted under your account.

5. Payment Terms

  • All services are billed according to the terms outlined in the invoice or agreement provided to you.

  • Payment is due within the time frame specified in the invoice. Late payments may result in service suspension or termination.

6. Intellectual Property Rights

All content, materials, and services provided by FLUME LLC, including but not limited to logos, trademarks, software, and documentation, are protected by intellectual property laws. You may not use, reproduce, or distribute any content without our written permission.

7. Third-Party Products and Vendors

  • FLUME LLC may provide or recommend third-party products as part of our services. We do not control these products and disclaim any warranties regarding their quality, performance, or fitness for a particular purpose.

  • Issues with third-party products should be addressed directly with the vendor. FLUME LLC will assist with communication but is not responsible for warranties, returns, or replacements.

8. Subcontractors

FLUME LLC reserves the right to use subcontractors to provide services. Subcontractors are bound by agreements to maintain the same level of quality and confidentiality as FLUME LLC. We remain responsible for their work but are not liable for delays or issues beyond our reasonable control.

9. Support Services

Support services are provided according to your service agreement. FLUME LLC offers troubleshooting, maintenance, and technical assistance during standard business hours. Additional support may incur extra fees.

10. Conditions of Service

  • We strive to deliver services in a timely and professional manner. However, timelines are estimates and may be affected by unforeseen circumstances.

  • You must ensure safe and reasonable access to your premises for our technicians and subcontractors.

  • We reserve the right to refuse service if unsafe, hazardous, or illegal conditions are present.

11. Service Limitations

  • Consumables: Consumable items required for services (e.g., cables, batteries) are not included in the standard service fee and will be billed separately.

  • Unauthorized Changes: FLUME LLC is not responsible for damages caused by unauthorized modifications or repairs. Such actions void any warranty or support obligations.

  • Restoration of Service: Additional charges will apply if unauthorized changes require restoring systems to their original state.

12. Confidentiality and Non-Disclosure

  • FLUME LLC may have access to confidential information during service delivery. We agree to maintain confidentiality and not disclose such information to third parties without your written consent, except as required by law.

  • Confidential information does not include publicly available information or information independently developed by FLUME LLC.

13. Extraordinary Events (Force Majeure)

FLUME LLC is not liable for delays or failures to perform due to events beyond our control, such as natural disasters, pandemics, or government restrictions. We will notify you as soon as possible and resume service promptly.

14. Severability

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

15. Amendment

FLUME LLC may amend these Terms at any time. The updated Terms will be posted on our website, and continued use of our services signifies your acceptance of the changes.

16. Relationship of the Parties

These Terms do not create any partnership, agency, joint venture, or employment relationship. Both parties act as independent contractors.

17. Dispute Resolution

  • Any disputes shall first be resolved through negotiation. If unresolved, disputes will be submitted to mediation. If mediation fails, binding arbitration will occur in Los Angeles, California, in accordance with the American Arbitration Association (AAA) rules.

  • The arbitrator's decision is final and binding.

18. Business Divestiture

If FLUME LLC undergoes a merger, acquisition, or divestiture, we may transfer our rights and obligations under these Terms to the acquiring entity. You will be notified, and continued use of our services indicates your consent.

19. Limitation of Liability

  • FLUME LLC’s total liability for any claims related to these Terms or services is limited to the amount paid by you for those services.

  • We are not liable for indirect, incidental, or consequential damages, including lost profits or revenue.

20. Mutual Indemnification and Hold Harmless

  • You agree to indemnify and hold FLUME LLC, its officers, employees, and agents harmless from any claims, liabilities, or expenses arising from your breach of these Terms or misuse of services.

  • FLUME LLC agrees to indemnify and hold you harmless from claims, liabilities, or expenses resulting from our gross negligence or willful misconduct.

21. Insurance

Both parties agree to maintain adequate insurance coverage as required by their obligations under these Terms. Proof of insurance may be requested by either party.

22. Disclaimers

  • Services are provided on an "as is" and "as available" basis. FLUME LLC makes no express or implied warranties, including merchantability or fitness for a particular purpose.

  • We do not guarantee uninterrupted or error-free service.

23. Termination

FLUME LLC reserves the right to terminate or suspend services without notice for any violation of these Terms.

24. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

25. Contact Information

For questions about these Terms, please contact us at:

FLUME LLC
8605 Santa Monica Blvd PMB 330195,
West Hollywood, CA, 90069-4109, US
Phone: 424-218-9700
Email: support@flume.co

26. Entire Agreement

These Terms constitute the entire agreement between you and FLUME LLC, superseding all prior agreements or understandings.