Terms of use

1. Accepting these terms

These terms are an agreement between you and ClearPath MSP LLC, trading as ClearPath MSP. In them, “we” and “us” mean ClearPath MSP LLC.

By using this website, creating an account, or placing an order, you accept these terms. If you are doing any of that for a company, you are confirming you are authorised to accept them on its behalf, and “you” means both you and that company.

If you do not accept them, do not use the site. We may change these terms, and if we do we will update the date at the top of this page. A change does not apply retrospectively to an order you have already placed.

2. Accounts

Anybody can create an account, because you need one to check out. You must give a real email address and confirm it before you can sign in, and you must keep your password to yourself. Tell us straight away if you think somebody else has access to your account.

Creating an account gives you access to nothing but your own orders. It does not join you to any company, and it does not show you any company's tickets, invoices, or systems. Being added to a client organisation is something we do deliberately, at that client's request. You cannot do it by typing a company name.

We may suspend or close an account that is being used to break these terms, to attack the service, or to impersonate somebody. We will tell you why unless doing so would make the problem worse.

You can close your own account at any time from your account settings.

3. Acceptable use

When using this site, you agree not to:

• Break the law, or help somebody else break it.
• Try to reach data, accounts, or systems that are not yours, whether or not you succeed.
• Probe, scan, or test the security of the site except by reporting what you find to us in good faith.
• Interfere with the service or put a load on it designed to degrade it for others.
• Upload anything containing malware, or anything you do not have the right to share with us.
• Scrape the site, or use an automated process against it in a way that is not ordinary browsing.
• Use a public share link we gave you to distribute a file more widely than we intended.
• Resell or redistribute anything you buy from us, unless your agreement with us says you can.

If you find a security problem, tell us at ContactUs@ClearPathMSP.com. We will not pursue you for reporting one responsibly.

4. Buying from the store

Prices and what is added to them

Prices are in US dollars. The price shown is the price of the item, and two things may be added to it before you pay:

• Sales tax, where we are registered to collect it. It is calculated once you have entered an address, and it is shown as its own line before you pay.
• A payment processing fee, where one applies. It depends on how you choose to pay, it is shown as its own line with the rate beside it, and paying by bank transfer is usually cheaper than paying by card. You see the figure before you choose.

The total on the pay button is what your card or account is charged. If a price is obviously wrong, we may decline the order and refund you rather than fulfil it at that price. We will tell you if we do.

When an order is accepted

Putting something in your basket is not a contract, and neither is reaching the checkout. Your order is accepted when we have taken payment and confirmed it to you. Until then we may decline it, including where an item has gone out of stock or is no longer available from our distributor.

One order cannot mix billing periods. A one-off purchase and a subscription, or a monthly and an annual subscription, have to be bought separately. The basket will tell you if this applies to what you have chosen.

Software, licences, and subscriptions

A licence is delivered as a key, a file, or both, and is provisioned once payment clears. What you are buying is a licence from the software's own publisher, on that publisher's terms, which you are agreeing to as well as to these. We are reselling it, not writing it, and we do not control what it does or how the publisher supports it.

A subscription renews automatically at the interval shown when you bought it, and is charged to the payment method saved against it, until you cancel. You can cancel from your orders page at any time.

Cancelling stops the next renewal. It does not end the period you have already paid for, and nothing is refunded for it. You keep what you bought until that period runs out. We think that is the right way round, but it means cancelling on the day after a renewal still gives you the full period.

If a renewal payment fails we will tell you, and you can replace the card from your account settings. We may retry the payment and we may suspend the subscription if it keeps failing.

Hardware

Hardware may ship from us or directly from our distributor, and delivery estimates are estimates rather than promises. Risk passes to you on delivery. Where we ship direct, the recipient name and address you give us are passed to the distributor so they can deliver it.

Returns and refunds

If something arrives damaged, faulty, or is not what you ordered, tell us within 14 days of delivery and we will put it right by repairing, replacing, or refunding it. Nothing here limits any right you have under law that cannot be limited.

Software licences and digital deliveries cannot usually be returned once the key has been issued or the file has been downloaded, because we cannot take them back from you and the publisher will not take them back from us. Hardware returns for any other reason are subject to our distributor's return terms, may need a return authorisation, and may carry a restocking fee. Ask us before returning anything and we will tell you where you stand.

5. Paid emergency callouts

Anybody can raise an out-of-hours emergency, whether or not they are a client. If out-of-hours cover is part of your agreement with us, it is included and nothing is charged. Otherwise it is charged as a one-off, and the figures are shown to you in full before you pay.

When it is charged, it works like this:

• A callout charge is taken when you raise it. This is what pages the on-call engineer, and it includes an amount of engineer time stated on the form.
• Time beyond that is charged in whole increments at the rate shown. Part of an increment is charged as a whole one.
• The clock starts when an engineer accepts, not when you raise it. Time we take to answer is ours, not yours.
• It stops when service is restored, not when we finish writing up what happened.
• Time is taken from the same card at the end, which is why the card is saved when you pay the callout charge. You agree to that when you raise it.
• If nobody accepts, nothing further is charged. You can also withdraw the request at no further charge up until an engineer accepts it.

The figures that apply are the ones you were shown when you raised the emergency. If we change our rates afterwards, that does not change what you agreed to.

An emergency callout is a best-efforts response, not a guaranteed fix. We will page an engineer and work the problem. We cannot promise a particular outcome or a particular time to resolution, and paying the callout charge does not buy one.

6. If you are a client

These terms do not govern the services we deliver to you. Your signed service agreement does, including its scope, its service levels, its charges, and its termination and liability terms. Where these terms and that agreement disagree, the agreement wins.

What this page covers for a client is the website and the portal themselves: your account, acceptable use, and anything you buy from the store outside your agreement.

The portal shows information imported from the systems we run for you. We work to keep it accurate and current, and it is a view rather than the system of record. Where a figure here differs from the system it came from, that system is the authoritative one. Do not rely on the portal alone for a decision with financial or contractual consequences without checking with us.

7. Our content, and yours

The design, text, and code of this site belong to us. You may read and share our writing, and quote it with attribution and a link. You may not copy the site or present our material as your own.

ClearPath MSP™ and the ClearPath MSP logo are trademarks of ClearPath MSP LLC. You may use our name to refer to us honestly, and to say what we do. You may not use our name or our logo, or anything close enough to be mistaken for them, to suggest a relationship with us that does not exist, or to describe services of your own.

Third-party names, marks, and logos on this site belong to those companies and are used to describe what we work with. Their appearance is not a claim that they endorse us.

Anything you upload stays yours. You give us permission to store it, and to show it to the people your account and its permissions allow, so that we can provide the service. Nothing more.

8. Availability and disclaimers

We work to keep this site and the portal available, and we do not promise they always will be. We may take either down for maintenance, and we may change or withdraw a feature. Neither the website nor the portal carries a service level commitment, whatever your service agreement says about the services themselves.

The content of this site is provided for information. It is not professional advice for your particular situation, and reading it does not make us your provider. To the fullest extent the law allows, the site and the portal are provided as they are, without warranties of any kind, whether express or implied.

9. Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, or consequential loss arising from your use of this website or the store, including lost profits, lost revenue, lost business, or lost or corrupted data.

Where we are liable, our total liability for any claim relating to this website or an order placed through it is limited to the amount you paid us for the order the claim relates to, or one hundred US dollars if it does not relate to an order.

Nothing in this section limits liability that cannot be limited by law, including for fraud, for fraudulent misrepresentation, or for death or personal injury caused by negligence. Nothing here limits or replaces the liability terms of a signed service agreement, which govern the services delivered under it.

10. Governing law

These terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules, and the state and federal courts located in Travis County, Texas have exclusive jurisdiction over any dispute arising from them. If any part of these terms is found unenforceable, the rest continues to apply.

If something has gone wrong, please contact us before anything else. Most problems are quicker to fix than to argue about.

11. Contact

Questions about these terms go to ContactUs@ClearPathMSP.com or (512) 481-4017. How we handle personal information is covered separately in our privacy policy.