Welcome to NeTex Consulting (“NeTex,” “we,” “us,” or “our”). The following Terms and Conditions (“Terms”) govern your access to and use of our services, including information technology, cloud engineering (Azure, AWS, and GCP), DevOps and SecOps, artificial intelligence and machine learning engineering, networking and system administration, voice services, and any related products, deliverables, software, hosting, or storage we provide (collectively, the “Services”). By engaging NeTex, purchasing from us, or using the Services, you agree to be bound by these Terms. If you need help, click here to contact us now.

1. Acceptance of Terms

These Terms constitute a binding agreement between you and NeTex Consulting. If you do not agree with any part of these Terms, you must not use our Services. We may update these Terms from time to time, and your continued use of the Services after any such change constitutes your acceptance of the revised Terms. Where a separate written agreement, statement of work (“SOW”), or master services agreement is executed between you and NeTex, that agreement controls to the extent of any conflict with these Terms.

2. Services Provided “As-Is” and At Will

All Services, deliverables, software, configurations, code, and work product are provided on an “AS-IS” and “AS-AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, NeTex disclaims all implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. NeTex does not warrant that the Services will be uninterrupted, error-free, secure, or that any defects will be corrected. The engagement is provided on an at-will basis, and either party may terminate the relationship in accordance with the terms of any applicable SOW or, where none exists, upon reasonable written notice.

3. Best Efforts, Due Diligence, and Professional Standard of Care

NeTex is committed to delivering its Services with professionalism, skill, and care consistent with industry standards. We will always use commercially reasonable best efforts and exercise appropriate due diligence to perform the Services competently and to protect the confidentiality, privacy, and integrity of customer information and data entrusted to us. Notwithstanding these efforts, you acknowledge that the provision of IT, cloud, and AI services involves inherent risks and that NeTex’s obligations under this Section are obligations of means and reasonable effort, not guarantees of any particular outcome, uptime, performance, or result.

4. Data, Privacy, and Storage at Your Own Risk

NeTex values the privacy and security of customer data and will employ reasonable administrative, technical, and organizational safeguards intended to protect data within our control. However, no system, network, or method of electronic storage or transmission is completely secure. You acknowledge and agree that any data, files, configurations, credentials, or other information you store on, transmit through, or entrust to NeTex systems, cloud environments, or hosted infrastructure is stored and processed AT YOUR OWN RISK. Things can and do happen in the world of technology, including outages, breaches, data loss, corruption, third-party provider failures, and events beyond our reasonable control. You are solely responsible for maintaining your own independent backups of any critical data. To the fullest extent permitted by law, NeTex shall not be liable for any loss, corruption, unauthorized access to, or destruction of data, regardless of cause.

5. Customer Responsibilities

You are responsible for providing accurate information, timely access, valid credentials, and lawful authority necessary for NeTex to perform the Services. You are responsible for matching, confirming, and verifying the suitability, fitment, and compatibility of any parts, components, cables, licenses, software, or configurations ordered or specified through us. You agree to use the Services only for lawful purposes and in compliance with all applicable laws, regulations, and third-party terms (including those of cloud and software providers such as Microsoft Azure, Amazon Web Services, and Google Cloud Platform).

6. Third-Party Services and Providers

Our Services may depend on or integrate with third-party platforms, software, hardware, AI models, and cloud providers. NeTex does not control and is not responsible for the acts, omissions, availability, pricing, security, or performance of any third party. Your use of third-party services is governed by those third parties’ own terms, and NeTex disclaims all liability arising from them.

7. Artificial Intelligence and Machine Learning

AI and machine learning outputs are probabilistic and may be inaccurate, incomplete, biased, or otherwise unsuitable for a given purpose. NeTex makes no representation or warranty regarding the accuracy, reliability, or fitness of any AI/ML model, output, recommendation, or automated decision. You are responsible for independently reviewing and validating any AI-generated output before relying on or deploying it, and you assume all risk arising from its use.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETEX CONSULTING, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF NETEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NETEX’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO NETEX FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless NeTex Consulting and its owners, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your data or content, your violation of these Terms, or your violation of any applicable law or third-party right.

10. Governing Law and Venue (Dallas, Texas)

These Terms and any dispute or claim arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. The parties agree that the exclusive jurisdiction and venue for any dispute, action, or proceeding arising out of or relating to these Terms or the Services shall lie exclusively in the state or federal courts located in Dallas County, Texas, and each party irrevocably consents to the personal jurisdiction of, and venue in, those courts and waives any objection based on inconvenient forum.

11. Force Majeure

NeTex shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, weather events, power or internet outages, third-party provider or cloud failures, cyberattacks, labor disputes, governmental action, or other unforeseen events.

12. Shipping, Products, Returns, and Restocking

For any physical products, hardware, or components sold by NeTex, the following terms apply in addition to the terms above.

Order processing. Orders are typically processed within 3-5 business days and are not shipped or delivered on weekends or holidays. During periods of high volume, shipments may be delayed; if a significant delay occurs, we will attempt to contact you by email or telephone. Delivery delays can occur due to holidays, weather, disasters, carrier issues, and other unforeseen events.

New accounts. For new accounts (fewer than two orders) we may only ship to the cardholder’s verified billing address unless valid identification is provided.

Customer responsibility. Customers are responsible for matching and confirming the fitment and compatibility of any parts, components, or cables ordered. A 15% restocking fee applies to returns, shipping is non-refundable, and the customer is responsible for return shipping charges.

Shipping rates and methods. Shipping charges are calculated and displayed at checkout. NeTex ships only to addresses within the U.S., U.S. Territories, and APO/FPO/DPO addresses; prior arrangements must be made for any shipment outside the Continental United States. You will receive a shipment confirmation with tracking once your order ships.

Taxes, duties, and damages. NeTex is not responsible for any customs, duties, tariffs, or taxes imposed on your order. NeTex is not liable for products damaged or lost during shipping; it is your responsibility to purchase shipping insurance. If an item arrives damaged, contact us immediately, retain all packaging and goods, and we will assist in filing a claim with the carrier.

Returns. Our return policy lasts 30 days from purchase. To be eligible, items must be unused, in their original condition, and in original packaging, with a receipt or proof of purchase. Certain items are non-returnable, including gift cards, downloadable or licensed software products, opened media, and certain health or personal-care items. A 15% restocking fee applies; items that are used, missing components, or damaged may be subject to a 25% restocking fee. To start a return, contact us at sales@netex.consulting for a Return Authorization. Return shipping costs are the customer’s responsibility and are non-refundable. Only regular-priced items may be refunded; sale items are non-refundable. We replace items only if they are defective or damaged. We do not guarantee receipt of returned items and recommend a trackable, insured shipping method for items over $75.

13. Electronic Communications: SMS and Email Opt-In and Opt-Out

NeTex Consulting may offer email- and SMS/text-message-based communications, including transactional notices, service and support alerts, appointment reminders, and, where you have consented, marketing or promotional messages. Our use of these channels is intended to comply with the federal CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), applicable Federal Communications Commission (FCC) rules, and other applicable state and federal regulations.

Opt-In (Consent). We will only send marketing or promotional SMS/text messages to you after you have knowingly provided express opt-in consent, such as by submitting your mobile number through a form, checking a clearly labeled (non-pre-checked) consent box, or texting a designated keyword to our number. Consent to receive marketing messages is not a condition of purchasing any goods or services. By opting in, you confirm you are the subscriber or authorized user of the phone number provided and that you may incur message and data rates from your carrier. Message frequency may vary.

Opt-Out (Revoking Consent). You may withdraw your consent and unsubscribe at any time. For SMS/text messages, reply STOP (or any other reasonable carrier-recognized opt-out keyword such as END, QUIT, UNSUBSCRIBE, or CANCEL) to any message, and you will receive a single confirmation that you have been unsubscribed; reply HELP for assistance. For email, click the “unsubscribe” link included in every commercial message or contact us directly. We will honor all opt-out requests promptly and, for email, within ten (10) business days as required by the CAN-SPAM Act. Once you opt out, we will stop sending the applicable marketing communications, though we may continue to send non-promotional transactional or service-related messages necessary to provide Services you have requested.

Our Commitments. Every commercial email we send will include a valid physical postal address, accurate “From” and subject-line information that is not deceptive, and a clear and conspicuous means to opt out. We will not sell, rent, or share your mobile number or email address with third parties for their own marketing without your separate consent, and we will not transfer your opt-in data except to service providers acting on our behalf to deliver these communications. Carriers are not liable for delayed or undelivered messages. Questions about your communication preferences may be directed to NeTex Consulting at sales@netex.consulting.

14. Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. No waiver of any term shall be deemed a continuing waiver of that term or any other term.

15. Entire Agreement

These Terms, together with any applicable SOW or written agreement, constitute the entire agreement between you and NeTex Consulting concerning the Services and supersede all prior understandings.

16. Contact

Questions about these Terms may be directed to NeTex Consulting at sales@netex.consulting.