Terms of Service

1.Acceptance of These Terms

These Terms of Service govern your use of the website at newplan.com, operated by NewPlan LLC, trading as Newplan IT ("Newplan IT", "we", "us" or "our").

By accessing or using this website you agree to be bound by these Terms. If you do not agree, do not use the site.

These Terms govern website use only. Managed IT services are provided under a separate written service agreement. Where these Terms and a signed service agreement conflict, the service agreement prevails.

2.Description of Services

Newplan IT provides flat-fee managed IT services to businesses in the New York tri-state area, including retail stores, hotels, law firms and professional offices. Services may include monitoring, support, cybersecurity, backup, vendor management and strategic advisory work.

This website describes those services and allows you to request an assessment. Nothing on this website constitutes an offer capable of acceptance, and no contract is formed until a written service agreement is signed by both parties.

We may change, suspend or discontinue any part of the website or our service offerings at any time.

3.Your Responsibilities

When using this website you agree not to:

• Use the site for any unlawful purpose or in breach of any applicable law or regulation
• Submit false, misleading or fraudulent information, or impersonate any person or organisation
• Attempt to gain unauthorised access to any part of the site, its servers, or connected systems
• Introduce malware, or otherwise interfere with the proper working of the site
• Use automated systems to scrape, harvest or extract data from the site
• Submit another person's personal information without their permission

You are responsible for the accuracy of the information you provide and for maintaining the confidentiality of any credentials issued to you.

4.Intellectual Property

All content on this website — text, graphics, logos, images, page layouts, design and software — is owned by NewPlan LLC or its licensors and is protected by copyright, trademark and other intellectual property laws.

"Newplan IT" and "ITShield" and associated logos are marks of NewPlan LLC. Nothing on this site grants any licence or right to use them.

You may view and print pages for your own internal business purposes. You may not reproduce, republish, distribute, modify or create derivative works from any part of this website without our prior written consent.

5.Disclaimer of Warranties

This website and its content are provided "as is" and "as available", without warranty of any kind, express or implied. To the fullest extent permitted by law we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the website will be uninterrupted, timely, secure or error-free, or that any content is accurate, complete or current.

Content on this website is general information about our services. It is not technical, security, legal or compliance advice for your specific circumstances. See our Disclaimer.

6.Limitation of Liability

To the fullest extent permitted by law, NewPlan LLC and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profits, revenue, data, business or goodwill, arising out of or relating to your use of this website, whether based in contract, tort, negligence, strict liability or otherwise, and whether or not we were advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to your use of this website will not exceed one hundred US dollars (USD $100).

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. This clause does not affect liability arising under a signed service agreement, which is governed by that agreement's own terms.

7.SMS and Text Messaging Terms

By providing your mobile number and opting in, you agree to receive text messages from Newplan IT on the terms below.

• Programme name: Newplan IT
• Message types: appointment and assessment reminders, scheduling confirmations, service and incident notifications, account and maintenance updates, and promotional offers relating to our services.
• How consent is obtained: by submitting your mobile number through a form on this website, during onboarding, or by giving express written consent to a member of our team.
• Message frequency: message frequency varies.
• Sending number: messages are sent from a number operated by Newplan IT.

Consent to receive marketing text messages is not a condition of purchasing any goods or services. All messaging is carried out in accordance with the Telephone Consumer Protection Act (TCPA) and applicable carrier requirements. How we handle the personal information involved is described in our Privacy Policy.

Supported carriers are not liable for delayed or undelivered messages. Message frequency may vary.

8.Third-Party Links and Services

This website links to third-party websites and embeds third-party services, including our scheduling system. Those services are operated by others under their own terms and privacy policies.

We provide these links and embeds for convenience. We do not control, endorse or assume responsibility for third-party content, products, services or practices, and we are not liable for any loss arising from your use of them.

9.Termination

We may suspend or terminate your access to this website at any time, without notice, for any reason, including breach of these Terms.

The provisions relating to intellectual property, disclaimers, limitation of liability, governing law and dispute resolution survive any termination.

10.Governing Law

These Terms and any dispute arising out of or relating to them or to this website are governed by the laws of the State of New York, without regard to its conflict of law provisions.

You agree that the state and federal courts located in the State of New York have exclusive jurisdiction, and you consent to the personal jurisdiction of those courts.

11.Dispute Resolution

Before commencing any formal proceedings, you agree to contact us at [email protected] and attempt in good faith to resolve the dispute informally. Most matters are settled this way.

If a dispute cannot be resolved informally within 30 days, either party may pursue the remedies available to it in the courts identified in the Governing Law section above.

Any claim must be brought within one year after the cause of action arises, or it is permanently barred, except where a longer period is required by law.

12.Indemnification

You agree to indemnify and hold harmless NewPlan LLC, its officers, employees and agents from any claim, liability, damage, loss or expense, including reasonable legal fees, arising out of your use of this website, your breach of these Terms, or your violation of any law or the rights of a third party.

13.Changes to These Terms

We may revise these Terms at any time. The effective date at the top of this page shows when they were last updated. Continued use of the website after a revision takes effect constitutes acceptance of the revised Terms. If you do not agree to a change, stop using the site.

14.Contact Us

Questions about these Terms: