Privacy Policy

Privacy Policy
Updated August 21, 2023

TECH HUB is committed to protecting your privacy and developing
technology that gives you the most powerful and safe online experience.
This Statement of Privacy applies to the TECH HUB website and governs data collection and usage. By using the TECH HUB website, you consent to the data practices described in this statement.
‍

Collection of your Personal Information

TECH HUB collects personally identifiable information, such as your email address, name, home or work address, or telephone number. TECH HUB also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests, and favorites.

There is also information about your computer hardware and software that is automatically collected by TECH HUB. This information can include: your IP address, browser type, domain names, access times, and referring website addresses. This information is used by TECH HUB for the operation of the service, to maintain quality of the service, and to provide general statistics regarding the use of the TECH HUB website.

Please keep in mind that if you directly disclose personally identifiable
information or personally sensitive data through TECH HUB’s public message boards, this information may be collected and used by others. Note: TECH HUB does not read any of your private online communications.

TECH HUB encourages you to review the privacy statements of websites you choose to link to from TECH HUB so that you can understand how those websites collect, use, and share your information. TECH HUB is not
responsible for the privacy statements or other content on websites outside of the TECH HUB and TECH HUB family of websites.

Use of your Personal Information

TECH HUB collects and uses your personal information to operate the TECH HUB website and deliver the services you have requested. TECH HUB also uses your personally identifiable information to inform you of other products or services available from TECH HUB and its affiliates. TECH HUB may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

TECH HUB does not sell, rent, or lease its customer lists to third parties. TECH HUB may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name,address, telephone number) is not transferred to the third party. In addition, TECH HUB may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to TECH HUB, and they are required to maintain the confidentiality of your information.

TECH HUB does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

TECH HUB keeps track of the websites and pages our customers visit within TECH HUB, to determine what TECH HUB services are the most popular. This data is used to deliver customized content and advertising within TECH HUB to customers whose behavior indicates that they are interested in a particular subject area.

TECH HUB websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on TECH HUB or the site; (b) protect and defend the rights or property of TECH HUB; and, (c) act under exigent circumstances to protect the personal safety of users of TECH HUB, or the public.

Use of Cookies

The TECH HUB website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver
viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize TECH HUB pages or register with the TECH HUB site or services, a cookie helps TECH HUB to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same TECH HUB website, the information you previously provided can be retrieved, so you can easily use the TECH HUB features that you customized.

You have the ability to accept or decline cookies. Most web browsers
automatically accept cookies, but you can usually modify your browser
setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the TECH HUB services or websites you visit.

Security of your Personal Information

TECH HUB secures your personal information from unauthorized access, use, or disclosure. TECH HUB secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to this Statement

TECH HUB will occasionally update this Statement of Privacy to reflect company and customer feedback. TECH HUB encourages you to periodically review this Statement to be informed of how TECH HUB is protecting your information.

Contact Information

TECH HUB welcomes your comments regarding this Statement of Privacy. If you believe that TECH HUB has not adhered to this Statement, please contact TECH HUB. We will use commercially reasonable efforts to promptly determine and remedy the problem.

Please write in English language.

Legal Terms

GENERAL TERMS AND CONDITIONS OF SALE
Updated August 21, 2023

The following General Terms & Conditions of Sale (the “T&Cs”) in combination with a signed Retail Sales Agreement constitute a binding contract (the “Agreement”) between Tech Hub Solutions, Inc. (“TECH HUB”) and the entity identified on page one of the Retail Sales Agreement (the “Customer”). Any terms and conditions set forth in any correspondence, purchase order, or Internet-based form from Customer to TECH HUB which purport to constitute terms and conditions that are in addition to those set forth in this Agreement or which attempt to establish conflicting terms and conditions to those set forth in this Agreement are expressly rejected by TECH HUB unless the same has been manually countersigned in wet ink by an Officer of TECH HUB.

1. Changes In The Scope of Work – Where a Scope of Work is included with this Agreement, costs resulting from changes in the scope of this project by the Customer, including any additional requirements or restrictions placed on TECH HUB by the Customer or its representatives, will be added to the contract price. When TECH HUB becomes aware of the nature and impact of the change, a Contract Change Order will be submitted for review and approval by the Customer before work continues. Where applicable, changes in the configuration of the Equipment described herein shall be made in writing by submission of a Change Order document.

‍2. Ownership and Use of Documents and Electronic Data – Where applicable, drawings, specifications, other documents, and electronic data furnished by TECH HUB for the associated project under this Agreement are instruments of the services provided. TECH HUB shall retain all common law, statutory, and other reserved rights, including any copyright in these instruments. These instruments of service are furnished for use solely with respect to the associated project under this Agreement. The Customer shall be permitted to retain copies of any drawings, specifications, other documents, and electronic data furnished by TECH HUB for information and reference in connection with the associated project and for no other purpose.

3. Proprietary Protection of Programs – Where applicable this Agreement does not cause any transfer of title, or intellectual rights, in control systems programs or any materials produced in connection therewith, including any source code. Any applications or programs supplied by TECH HUB are provided, and are authorized for installation, execution, and use only in machine-readable object code form. This Agreement is expressly limited to the use of the programs by the Customer for the equipment in connection with the associated project. Customer agrees that it will not seek to reverse-engineer any program to obtain source codes and that it will not disclose the program’s source codes or configuration files to any third party without the written consent of TECH HUB. The programs, source codes, and configuration files, together with TECH HUB’s know-how and integration and configuration techniques, furnished hereunder are proprietary to TECH HUB and were developed at its private expense. If Customer is a branch of the United States government, for purposes of this Agreement any software furnished by TECH HUB hereunder shall be deemed “restricted computer software”, and any data, including installation and systems configuration information, shall be deemed “limited rights data”, as those terms are defined in FAR 52.227-14 of the Code of Federal regulations.

4. Shipping and Handling and Taxes – The prices shown are F.O.B. manufacturer’s plant or TECH HUB’s office depending on where items are located when direction is issued to ship to the point of integration. The Customer, in accordance with TECH HUB’s current shipping and billing practices, will pay all destination charges. In addition to the prices on this Agreement, the Customer agrees to pay amounts equal to any sales tax invoiced by TECH HUB, or (where applicable) any use or personal property taxes resulting from this Agreement or any activities hereunder. Customer will defend, indemnify and hold harmless TECH HUB against any claims by any tax authority for all unpaid taxes or for any sales tax exemption claimed by Customer.‍

5. Title – Where applicable, title to the Equipment passes to the Customer on the earlier of: (a) the date of shipment from TECH HUB to Customer, or (b) the date on which TECH HUB transmits its invoice to Customer.‍

6. Security Interest – In addition to any mechanics’ lien rights, the Customer, for value received, hereby grants to TECH HUB a security interest under the Idaho commercial code together with the a security interest under the law(s) of the state(s) in which work is performed or equipment is delivered. This security interest shall extend to all Equipment, plus any additions and replacements of such Equipment, and all accessories, parts, and connecting Equipment now or hereafter affixed thereto. This security interest will be satisfied by payment in full unless otherwise provided for in an installment payment agreement. The security interest shall be security for all sums owed by Customer under this Agreement. A copy of this Agreement may be filed as a financing statement with the appropriate authority at any time after signature of the Customer. Such filing does not constitute acceptance of this Agreement by TECH HUB.‍

7. Risk of Loss or Damage – Notwithstanding Customer’s payment of the purchase price for Equipment, all risk of loss or damage shall transfer from TECH HUB to Customer upon transfer of Title to Customer. Customer shall be responsible for securing insurance on Equipment from this point forward.

8. Receiving/Integration – Unless the Agreement expressly includes integration services by TECH HUB, the Customer agrees to furnish all services required for receiving, unpacking, and placing Equipment in the desired location along with integration. Packaging materials shall be the property of the Customer.

9. Equipment Warranties – To the extent TECH HUB receives any warranties from a manufacturer on Equipment, it will pass them through to the Customer to the full extent permitted by the terms of each warranty. Factory warranties vary by manufacturer, and no additional warranties are expressed or implied.

10. General Warranties – Each Party represents and warrants to the other that: (i) it has full right, power, and authority to enter into and fully perform its obligations under this Agreement, including without limitation the right to bind any party it purports to bind to this Agreement; (ii) the execution, delivery, and performance of this Agreement by that Party does not conflict with any other agreement to which it is a Party or by which it is bound, and (iii) it will comply with all applicable laws in its discharge of its obligations under this Agreement. TECH HUB warrants, for a period of 90 days from Substantial Completion, the systems integration to be free from defects in workmanship. CUSTOMER WARRANTS THAT IT HAS NOT RELIED ON ANY INFORMATION OR REPRESENTATION PROVIDED BY OR ON BEHALF OF TECH HUB WHICH IS NOT EXPRESSLY INCLUDED IN THESE GENERAL TERMS AND CONDITIONS OR THE RETAIL SALES AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TECH HUB DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE EQUIPMENT, MATERIALS, AND SERVICES PROVIDED BY TECH HUB, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

11. Indemnification – Customer shall defend, indemnify, and hold harmless TECH HUB against all damages, claims, liabilities, losses, and other expenses, including without limitation reasonable attorneys’ fees and costs, (whether or not a lawsuit or other proceeding is commenced), that arise in whole or in part from: (a) any negligent act or omission of Customer, its agents, or subcontractors, (b) Customer’s failure to fully conform to all laws, ordinances, rules, and regulations which affect the Agreement, or (c) Customer’s breach of this Agreement. If Customer fails to promptly indemnify and defend such claims and/or pay TECH HUB’s expenses, as provided above, TECH HUB shall have the right to defend itself, and in that case, Customer shall reimburse TECH HUB for all of its reasonable attorneys’ fees, costs, and damages incurred in settling or defending such claims within thirty (30) days of each of TECH HUB’s written requests.

TECH HUB shall indemnify and hold harmless Customer against all damages, claims, liabilities, losses, and other expenses, including without limitation reasonable attorneys’ fees and costs, (whether or not a lawsuit or other proceeding is commenced), to the extent that the same is finally determined to be the result of (a) any grossly negligence or willful misconduct of TECH HUB, its agents, or subcontractors, (b) TECH HUB’s failure to fully conform to any material law, ordinance, rule, or regulation which affects the Agreement, or (c) TECH HUB’s uncured material breach of this Agreement.

12. Remedies – Upon default as provided herein, TECH HUB shall have all the rights and remedies of a secured party under the Idaho commercial code and under any other applicable laws. Any requirements of reasonable notice by TECH HUB to Customer, or to any guarantors or sureties of Customer shall be met if such notice is mailed, postage prepaid, to the address of the party to be notified shown on the first page of this Agreement (or to such other mailing address as that party later furnishes in writing to TECH HUB) at least ten calendar days before the time of the event or contemplated action by TECH HUB set forth in said notice. The rights and remedies herein conferred upon TECH HUB shall be cumulative and not alternative and shall be in addition to and not in substitution of or in derogation of rights and remedies conferred by the Idaho commercial code and other applicable laws.

13. Limitation of Remedies for Equipment – TECH HUB’s entire liability and the Customer’s sole and exclusive remedy in all situations involving performance or nonperformance of Equipment furnished under this Agreement shall be the adjustment or repair of the Equipment or replacement of its parts by TECH HUB, or, at TECH HUB’s option, replacement of the Equipment.

14. Limitation on Liability – EXCEPT IN CIRCUMSTANCES INVOLVING ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY OF TECH HUB UNDER THIS AGREEMENT FOR ANY CAUSE SHALL NOT EXCEED (EITHER FOR ANY SINGLE LOSS OR ALL LOSSES IN THE AGGREGATE) THE NET AMOUNT ACTUALLY PAID BY CUSTOMER TO TECH HUB UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE ON WHICH TECH HUB’S LIABILITY FOR THE FIRST SUCH LOSS FIRST AROSE.

15. No Consequential Damages – TECH HUB SHALL NOT HAVE ANY LIABILITY TO CUSTOMER OR TO ANY OTHER PERSON OR ORGANIZATION FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY DESCRIPTION (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OR INTERRUPTION OF BUSINESS), WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS.

16. Acceleration of Obligations and Default – Payment in full for all “Equipment,” which is defined as all goods identified in the section of the Agreement with the same title, as well as for any and all other amounts due to TECH HUB, shall be due within the terms of the Agreement. Upon the occurrence of any event of default by Customer, TECH HUB may, at its option, with or without notice, declare the whole unpaid balance of any obligation secured by this Agreement immediately due and payable and may declare Customer to be in default under this Agreement.

17. Choice of Law, Venue, and Attorney’s Fees – This Agreement shall be governed by the laws of the State of Idaho in the United States of America without reference to or use of any conflicts of laws provisions therein. For the purpose of resolving conflicts related to or arising out of this Agreement, the Parties expressly agree that the venue shall be in the State of Idaho in the United States of America only, and, in addition, the Parties hereby consent to the exclusive jurisdiction of the federal and state courts located in Ada County, Idaho in the United States of America and waive any right to assert in any such proceeding that Customer is not subject to the jurisdiction of such court or that the venue of such proceeding is improper or an inconvenient forum. The Parties specifically disclaim the application (i) of the United Nations Convention on the International Sale of Goods, 1980, and (ii) of Article 2 of the Uniform Commercial Code as codified. In the event TECH HUB must take action to enforce its rights under the Agreement, the court shall award TECH HUB the attorney’s fees it incurred to enforce its rights under this Agreement.

18. General – Headings are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. The Parties acknowledge and agree that the Agreement has been negotiated by the Parties and that each had the opportunity to consult with its respective counsel, and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either Party based on draftsmanship of the Agreement. This Agreement is not assignable by Customer without the prior written consent of TECH HUB. Any attempt by Customer to assign any of the rights, duties, or obligations of this Agreement without such consent is void. TECH HUB reserves the right to assign this Agreement to other parties in order to fulfill all warranties and obligations expressed herein, or upon the sale of all or substantially all of TECH HUB’s assets or business. This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the Customer and of TECH HUB, and variance from the terms and conditions of the Agreement in any order or other written notification from the Customer will be of no effect. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. TECH HUB is not responsible for any delay in, or failure to, fulfill its obligations under this Agreement due to causes such as a natural disaster, war, emergency conditions, labor strike, acts of terrorism, the substantial inoperability of the Internet, the inability to obtain supplies, or any other reason or any other cause or condition beyond TECH HUB’s reasonable control. Except as otherwise stated in the Agreement, TECH HUB is not obliged to provide any services hereunder for Equipment located outside the United States or Puerto Rico. Scheduled completion dates are subject to change based on material shortages caused by shortages in cable and materials that are industry-wide.

19. Confidentiality – The term “Confidential Information” shall mean the inventions, trade secrets, computer software in both object and source code, algorithms, documentation, know-how, technology, ideas, and all other business, customer, technical, and financial information owned by TECH HUB or the Customer, which is designated as confidential or communicated in such a manner or under such circumstances as would reasonably enable a person or organization to ascertain its confidential nature. All the Confidential Information of a party to this Agreement shall be maintained in confidence by the other party, and neither party shall, during the term of this Agreement or for a period of three (3) years subsequent to the termination of this Agreement, divulge to any person or organization or use in any manner whatsoever, directly or indirectly, for any reason whatsoever, any of the Confidential Information of the other party without receiving the prior written consent of the other party. TECH HUB and the Customer shall take such actions as may be reasonably necessary to ensure that its employees and agents are bound by the provisions of this Section, which actions shall, as may be reasonably requested by either party, include the execution of written confidentiality agreements with the employees and agents of the other party. The provisions of this Section shall not have application to any information that (i) becomes lawfully available to the public; (ii) is received without restriction from another person or organization lawfully in possession of such information; (iii) was rightfully in the possession of a party without restriction prior to its disclosure; or (iv) is independently developed by a party or its employees or agents without access to the other party’s similar information.

‍20. Nonsolicitation – To the extent permitted by applicable law, during the term of this Agreement and for a period of one (1) year after the termination of this Agreement, each Party agrees that it shall not knowingly solicit or attempt to solicit any of the other Party’s executive employees or employees who are key to such Party’s performance of its obligations under this Agreement (“Covered Employees”).
Notwithstanding the foregoing, nothing herein shall prevent either Party from hiring as an employee any person who responds to an advertisement for employment placed in the ordinary course of business by that Party and/or who initiates contact with that party without any direct solicitation of that person by that Party or its agents.‍

21. Price Quotations and Time to Install – TECH HUB often integrates systems at the end of a construction project. The price quoted contemplates that TECH HUB shall have access to the location for the time shown for TECH HUB to complete its work after the work of all other contractors is substantially complete which means, generally, all other trades are no longer generating dust in the location, and final carpeting/flooring is installed (the “Prepared Area”). Failure to give TECH HUB access to the Prepared Area for the amount of time shown for the integration may result in increased integration costs, typically in a manner proportionate to the reduction of time given to TECH HUB to complete its work compared to the original schedule.

22. Price Quotations – Unless otherwise specified, all prices quoted reflect a discount for a cash payment (i.e., check, wire transfer) made by Customer in full within the terms of each invoice. Payment in other forms, including credit card, p-card, or other non-cash payments shall be subject to a convenience above the cash price. Please speak to your TECH HUB representative if you have any questions in this regard.

23. Past Due Invoices – Past due invoices shall bear interest at the rate of one and one-half percent (1.5%) per month. Invoices or statements 30 days or more past due may result in suspension of Tech Hub services.

24. Return Policy – Tech Hub’s policy aligns with not accepting returns for purchased items. Nevertheless, in the event that circumstances arise leading to the need for order cancellation BEFORE shipment, kindly reach out to [email protected]. This will facilitate the cancellation process and ensure you receive a complete refund.

Service Level Agreement (SLA)

This Service Level Agreement (SLA) outlines the services, responsibilities, and service levels provided under the Managed Services Agreement between Tech Hub (“Provider”) and the Customer (“Customer”). Certain services may be delivered by Tech Hub’s partners, who are authorized to provide support and service on Tech Hub’s behalf.

1. Services Covered

Tech Hub, along with its partners, agrees to provide the following managed services to the Customer:

• Network Monitoring and Maintenance
• Help Desk Support
• Cloud and Software Management
• Security Services (e.g., backups, antivirus, firewalls)
• Hardware/Software Installation, Updates, and Maintenance
• Custom Services outlined in the Agreement

Additional services beyond the scope may incur extra charges and will require a separate agreement or purchase order.

2. Service Availability

Tech Hub and its authorized partners aim to provide the following service uptime levels:

Standard Services:

• 99.9% uptime per calendar month, excluding scheduled maintenance.

Help Desk Support:

• Business Hours: Monday to Friday, 8:00 AM to 6:00 PM (local time)
• Emergency Support: 24/7 for critical issues affecting core business functions

3. Support Response Time

Tech Hub and its partners will provide the following support response and coverage under the contracted service plan:

Contracted Term and Support Features:

• Premier Onsite Support: Includes prioritized parts and labor, advanced phone support directly from partners engineers, and next-business-day onsite repairs.

• Accident Damage Coverage: Covers accidental damage incidents, subject to certain limitations.
• Monthly Support Hours: The Customer is entitled to the contracted hour(s) of support per month, which can accumulate up to a maximum of forty (40) hours per year. Accumulated hours do not carry over to subsequent years or renewal periods.

Response times are measured from the time a ticket is logged.

4. Maintenance and Downtime

Scheduled maintenance will occur during off-peak hours and will be announced at least 72 hours in advance. Emergency maintenance may occur with shorter notice but will be communicated as soon as possible.

5. Performance Measurement

Service performance will be reviewed quarterly to ensure SLA commitments are being met.

6. Exclusions

This SLA does not cover:

• Failures due to force majeure events (e.g., natural disasters, power outages, ISP outages)
• Customer misconfiguration, unauthorized changes, or negligence
• Third-party services not managed by Tech Hub or its authorized partners

7. Customer Responsibilities

The Customer agrees to:

• Provide access to necessary systems and infrastructure
• Ensure hardware, software, and network are compliant with Tech Hub and partner requirements
• Report issues in a timely manner using Tech Hub’s ticketing system

Failure to meet these responsibilities may impact service levels.

8. Partner Support Services

Tech Hub may engage authorized partners to deliver some or all of the services under this agreement. These partners operate under Tech Hub’s service standards and commitments. Tech Hub remains responsible for ensuring that all service levels, response times, and other obligations are met, regardless of whether services are delivered directly by Tech Hub or by its partners.

9. Termination and Amendments

This SLA remains in effect for the duration of the Managed Services Agreement. Changes to this SLA may be made upon mutual agreement, with 30 days’ written notice.

10. Early Termination Clause

If the Customer terminates the Managed Services Agreement before the end of the contracted term, the Customer agrees to pay the full remaining balance of the contract. This balance will be calculated as the total remaining months multiplied by the agreed monthly fee. Early termination fees are due within thirty (30) days of termination notice unless otherwise agreed in writing.

11. Agreement to SLA Terms

By accepting the invoice associated with the Managed Services Agreement, the Customer acknowledges and agrees to the terms outlined in this SLA.

This SLA is part of the terms and conditions of the Managed Services Agreement between Tech Hub and the Customer. By signing the Managed Services Agreement or accepting an invoice, the Customer agrees to the conditions of this SLA.

Tech Hub Business High-Speed Internet Service Agreement

THE PARTIES AGREE AS FOLLOWS:

SECTION 1: DATA SERVICES During the term of this Agreement, Tech Hub Solutions, Inc. d/b/a Tech Hub (“Tech Hub”) shall provide the high-speed Internet service (“Data Service”) indicated by Subscriber and to locations on the Business Service Agreement.

SECTION 2: MANAGED SERVICES Subscriber may, at its option purchase Tech Hub’s Managed Services to run for a term consecutive with Subscriber’s Data Services, including Managed Router Service or Managed Security Service. Managed Router Service provides a router/security appliance installed at the Subscriber’s site delivering common network security functions including firewall, Secure VPN, and SD-WAN. Managed Security Service includes the features of Managed Router Service, plus content filtering and intruder prevention and detection, monitoring external internet threats at designated access points to the Subscriber’s computer network using the firewall appliance placed at Subscriber’s premises, managed by Tech Hub. Tech Hub will configure each router/security appliance to subscriber’s firewall policy, to operate in accordance with that firewall policy and the manufacturer’s specifications for the particular router/security appliance. Tech Hub will implement changes to Subscriber’s firewall policy within four business hours of receiving Subscriber’s request. In addition to other limitations of liability included herein, the following limitation of liability applies to the Managed Service product(s) identified in this Section 2:

TECH HUB’S MANAGED SERVICE AND EQUIPMENT PROVIDED THEREWITH DOES NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT. TECH HUB MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE MANAGED SERVICE OR EQUIPMENT SUPPLIED WILL DETECT OR AVERT SUCH EVENTS OR THE CONSEQUENCES THEREFROM. ACCORDINGLY, TECH HUB DOES NOT UNDERTAKE ANY RISK THAT SUBSCRIBER’S PERSON OR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH SUBSCRIBER, NOT TECH HUB. INSURANCE, IF ANY, COVERING SUCH RISK SHALL BE OBTAINED BY SUBSCRIBER. TECH HUB SHALL HAVE NO LIABILITY FOR LOSS, DAMAGE OR INJURY DUE DIRECTLY OR INDIRECTLY TO EVENTS, OR THE CONSEQUENCES THEREFROM, WHICH THE MANAGED SERVICE IS INTENDED TO DETECT OR AVERT. SUBSCRIBER SHALL LOOK EXCLUSIVELY TO ITS INSURER AND NOT TO TECH HUB TO PAY SUBSCRIBER IN THE EVENT OF ANY SUCH LOSS, DAMAGE OR INJURY. SUBSCRIBER RELEASES AND WAIVES FOR ITSELF AND ITS INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER FROM TECH HUB ARISING AS A RESULT OF PAYING ANY CLAIM FOR LOSS, DAMAGE OR INJURY OF SUBSCRIBER OR ANOTHER PERSON.

SECTION 3: ENGINEERING REVIEW Activation of Data Service and Managed Service, as applicable, is subject to Tech Hub’s engineering review for distribution availability by existing cable plant as well as review of other external factors and may require additional fees. In the event Tech Hub determines that Data Service is not available to the Premises of Subscriber, this Agreement shall be void, and Subscriber shall be entitled to a refund of all prepaid charges in accordance with Tech Hub’s refund policies.

SECTION 4: INSTALLATION & MAINTENANCE OF TECH HUB EQUIPMENT Subscriber hereby grants to Tech Hub (subject to any necessary governmental or third-party approvals) the right to install all necessary equipment for receiving Data Service. Subscriber, at no cost to Tech Hub, shall secure throughout the term of service from building owners, managers, government authorities or any other parties any easements, leases, licenses, right of entry agreements or any other agreements necessary to allow Tech Hub to use existing pathways into and in each Building. Tech Hub-owned equipment provided to Subscriber hereunder shall be maintained by Tech Hub in good operating condition. Such maintenance obligation is contingent upon Subscriber notifying Tech Hub, in a timely manner, when repair or maintenance is necessary. Except for Tech Hubs maintenance obligations as set forth herein, Subscriber shall indemnify Tech Hub and hold it harmless from and against any and all losses, claims and expenses relating to the equipment provided hereunder to Subscriber, including without limitation, losses caused by accident, fire, theft or misuse of equipment. Subscriber shall provide Tech Hub with reasonable access to the Premises during normal hours for purposes of performing required maintenance. Tech Hub shall retain ownership of all equipment provided hereunder, including all data transmission equipment, drop and fiber optic material required to provide Service to the business. Subscriber shall not, directly or indirectly, sell, mortgage, pledge, or otherwise dispose or encumber any Tech Hub-owned equipment provided to Subscriber, nor shall it change the location of, tamper with, damage, mishandle or alter in any manner such equipment. Subscriber also shall not relocate Tech Hub-owned equipment within its Premises. In addition, if Subscriber decides to move Premises, Subscriber shall notify Tech Hub of its move. Tech Hub will relocate the Tech Hub-owned equipment for Subscriber within Subscriber’s Premises or, in accordance with Section 4, to another Premises; Subscriber acknowledges that it may incur additional charges for such relocation. Subscriber shall, upon the expiration or earlier termination of this Agreement, promptly return to Tech Hub all of such equipment in good condition (or pay the full replacement value therefore). If services are no longer provided to the Subscriber’s Premises, Subscriber shall provide Tech Hub with reasonable access to such Premises for purpose of removing any Tech Hub-owned equipment. Tech Hub shall have no obligation to install, operate or maintain subscriber provided facilities or equipment.

SECTION 5: USE OF DATA SERVICE AND EQUIPMENT Subscriber’s use of the Data Service and equipment is subject to adherence to all relevant laws and Tech Hub’s acceptable use policy where applicable. Subscriber shall not use the Data Service or equipment to directly or indirectly:

a) invade another person’s privacy, unlawfully use, possess, post, transmit or disseminate obscene, profane or pornographic material; post, transmit, distribute or disseminate content that is unlawful, threatening, abusive, libelous, slanderous, defamatory, materially false, inaccurate or misleading or otherwise offensive or objectionable; unlawfully promote or incite hatred; or post, transmit or disseminate objectionable information, including, without limitation, any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order, rule, regulation for policy or any network accessed using the Service;

b) access any computer, software, data, or any confidential, copyright protected or patent protected material of any other person or entity, without the knowledge and consent of such person or entity, nor use any tools designed to facilitate such access;

c) collect a listing or directory of Tech Hub subscribers, or if any such directory is made available, use,copy or provide to any person or entity (whether or not for a fee) such directory or any portion thereof;

d) upload, post, publish, deface, modify, transmit, reproduce, or distribute in any way, information, software or other material obtained through Tech Hub that is protected by copyright, or other proprietary right, or related derivative works, without obtaining permission of the copyright owner or right holder; or otherwise violate the rights of any person or entity, including the misuse, misappropriation or other violation of any intellectual property of any person or entity;

e) alter, modify or tamper with the equipment or any feature of the Data Service, including, without limitation, attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use the equipment for any purpose other than as expressly permitted;

f) restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Data Service or the Internet generally or create an unusually large burden on Tech Hub’s network, including, without limitation: posting or transmitting any information or software that contains a virus, lock, key, bomb, worm, Trojan horse or other harmful or debilitating feature, distributing mass or unsolicited messages, chain letters, surveys, third party advertising or promotional materials, commercial solicitations (i.e., spam) or mass chat room or bulletin board posts, or otherwise generating levels of traffic sufficient to impede others’ ability to send or retrieve information;g)interfere with computer networking, cable or telecommunications services to or from any Internet user, host or network, including but not limited to denial of service attacks, overloading a service, improper seizure and abuse of operator privileges (“hacking”) or attempting to “crash” a host; orh)falsely assume the identity of any other individual or entity, including, without limitation an employee or agent of Tech Hub, for any purpose, including, without limitation, accessing or attempting to access any account for which Subscriber is not an authorized user.i)resell or share any portion of this Data Service to a third party.

In addition to our termination rights set out elsewhere in this Agreement and otherwise available at law, Tech Hub may suspend service or terminate this Agreement if Subscriber engages in one or more of the above prohibited activities. Additionally, Tech Hub reserves the right to charge Subscriber for any direct or indirect costs incurred by Tech Hub or its affiliates in connection with Subscriber’s breach of any provision of this Agreement, including costs incurred to enforce Subscriber’s compliance with it.

SECTION 6: MANAGED WIFI Managed Wi-Fi provides the Subscriber with the ability to extend and change coverage of Subscriber’s property through multiple or more Wi-Fi access points and exert substantial control over the managed Wi-Fi service including configurations through a mobile Android or IOS app. Primarily designed for small to medium businesses, the managed Wi-Fi service is intended to enables complete property coverage. A Subscriber to Managed Wi-Fi may request a further extension of WiFi coverage throughout Subscriber’s property at additional cost. Tech Hub will manage the extenders for the Subscriber. Subscriber acknowledges that while Tech Hub has taken reasonable steps to secure the wireless service, with among other features, built-in malware scanning and blocking, Tech Hub cannot guarantee that third parties will never hack or otherwise gain access to Subscriber’s Wi-Fi transmissions and you agree that Tech Hub will not be liable for among other things, any interception or transmissions, computer viruses, loss of data, file corruption or damage to Subscriber’s computer(s) or network.

SECTION 7: MANAGED WIFI SUBSCRIBER RESPONSIBILITIES Notwithstanding the more specific Subscriber responsibilities, Subscriber may not use the Wi-Fi service for any unlawful purpose or to disseminate any information that is harassing, threatening or that constitutes Spam. Subscriber also agrees that as the account holder, Subscriber is responsible for the use of the Wi-Fi service by its guests or any parties that, with or without permission, use the Subscriber’s account to access the Wi-Fi service.

SECTION 8: INTERNET SERVICE PROTECTION Internet Service Protection provides the subscriber with a temporary LTE-based failover solution which re-directs the Subscriber’s internet traffic from non-operating wired service to a wireless network as backup connectivity until the wired link is restored. Subscriber agrees and understands that the Internet Service Protection is dependent on the availability of a wireless signal, which signal is not provided by Tech Hub. Tech Hub under no circumstances guarantees or warrants the availability of wireless connectivity sufficient to provide the Internet Service Protection, and Tech Hub will not be liable for any claims, losses, actions, suits, or damages arising out of or related to Subscriber’s inability to access wireless connectivity sufficient to provide the Internet Service Protection.

Section 9: CONTENT ACCESSED AND PURCHASES MADE THROUGH TECH HUB Subscriber acknowledges and agrees that there is some content accessible through the Data Service and the Internet that may be offensive, or that may not be in compliance with applicable law. For example, it is possible to obtain access to content that is pornographic, obscene, or otherwise inappropriate or offensive, particularly for children. Tech Hub does not assume any responsibility for or exercise any control over the content accessible through the Data Service. Subscriber accesses and uses all content obtained through the Data Service at Subscriber’s own risk, and Tech Hub will not be liable for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to Subscriber’s access to or use of such content. In addition, Tech Hub shall not be responsible for any of Subscriber’s purchases or charges on the Internet.

SECTION10: COPYRIGHTED MATERIALS Subscriber shall hold Tech Hub harmless for any improper use of copyrighted materials accessed through Tech Hub’s Data Service. Tech Hub bears no responsibility for, and Subscriber agrees to assume all risks regarding, the alteration, falsification, misrepresentation, reproduction, or distribution of copyrighted materials without the proper permission of the copyright owner. If Tech Hub receives notice under the Digital Millennium Copyright Act, 17 U.S.C. § 512, that Subscriber has allegedly infringed the intellectual property rights of a third party, under the Act Tech Hub will have the right to take down or disable access to the allegedly infringing material. In appropriate circumstances, Tech Hub will terminate the accounts of subscribers who repeatedly infringe the intellectual property rights of third parties. Tech Hub also will take such other action as appropriate under the circumstances to preserve its rights.

Section 11: SUBSCRIBER’S RESPONSIBILITY FOR SECURITY Tech Hub uses resources that are shared with many other subscribers. Moreover, Tech Hub provides access to the Internet, a public network, which is used by millions of other users. Information (personal and otherwise) transmitted over such public network necessarily may be subject to interception, eavesdropping or misappropriation by unauthorized parties. Subscriber shall be solely responsible for taking the necessary precautions to protect itself and its equipment, files and data against any risks inherent in the use of this shared resource. While Tech Hub also permits Subscriber to change its SSID and password for its wireless service and also to engage in port forwarding, Subscriber acknowledges that such manipulation injects an additional possibility of outside party intrusion and Subscriber undertakes such action at its own risk and will hold Tech Hub harmless from any problems, costs, expenses and damages that result. Tech Hub will not be liable for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to Subscriber’s failure to take appropriate security measures.

SECTION 12: RIGHT TO MONITOR AND DISCLOSE CONTENT Tech Hub has no obligation to monitor content provided through the Data Service. However, Subscriber agrees that Tech Hub has the right to monitor content electronically from time to time and to disclose any information as necessary to: (a) conform to the edicts of the law or comply with legal process served on Tech Hub, (b) protect and defend the rights or property of Tech Hub, its Data Service or the users of the Data Service, whether or not required to do so by law, or (c) protect the personal safety of users of Tech Hub’s Data Service or the public. We reserve the right to either refuse to post or to remove any information or materials, in whole or in part, that we decide are unacceptable, undesirable, or in violation of this Agreement.

SECTION 13: SUBSCRIBER PASSWORDS Subscriber is responsible for all use of Subscriber’s account(s) and for maintaining the confidentiality of passwords. Subscriber shall immediately notify Tech Hub about: (a) any loss or theft of Subscriber’s password, or (b) any unauthorized use of Subscriber’s password or of the Service. If any unauthorized person obtains access to the Service as a result of any act or omission by Subscriber, Subscriber shall use best efforts to ascertain the source and manner of the unauthorized acquisition. Subscriber shall additionally cooperate and assist in any investigation relating to any such unauthorized access.

SECTION 14: SUBSCRIBER PRIVACY Tech Hub is committed to protecting the privacy of Subscriber’s personal information. Tech Hub’s privacy policy regarding the collection, use and disclosure of personal information is posted on Tech Hub’s website (https://techhub.us/privacy-policy/). Subscriber acknowledges that he or she has read and accepted the terms and conditions of such statement.

SECTION 15: ASSIGNMENT Subscriber shall not assign its rights or delegate its duties under this Agreement without the prior written consent of Tech Hub, which consent shall not be unreasonably withheld. Any assignment of this Agreement by Subscriber without Tech Hub’s written consent shall be void and shall, at the Tech Hub’s option, constitute a breach hereof by Subscriber. In the event Subscriber is a business entity and ceases to do business at the Premises, Subscriber shall return to Tech Hub all Tech Hub-owned equipment installed at the Premises; such cessation shall not; however, reduce Subscriber’s payment obligations hereunder unless Tech Hub otherwise agrees in writing. This Agreement shall be fully assignable by Tech Hub. Subject to the foregoing, this Agreement shall be binding upon and shall insure to benefit of the parties and their respective successors, representatives and assigns.

SECTION 16: TERMINATION BY TECH HUB If Subscriber fails to perform any of its obligations hereunder, does not cure such breach within thirty (30) days after written notice thereof from Tech Hub, or if Subscriber becomes insolvent or bankrupt, Tech Hub, in addition to all other rights it may have under law or its Agreement, shall have the right (a) to declare all amounts to be paid by Subscriber during the remaining term hereof immediately due and payable, (b) to cease providing services to Subscriber, and (c) immediately to enter the Premises and take possession of all Tech Hub-owned equipment without liability to Subscriber therefore and without relieving Subscriber of its obligations under this Agreement. Subscriber shall reimburse Tech Hub for all costs and expenses, including reasonable attorney’s fees and court costs, incurred in connection with Tech Hub’s exercise of its rights under this Agreement.

Tech Hub may, in its sole discretion, immediately terminate this Agreement in the event that it is unable to provide service due to any law, rule, regulation, Force Majeure event, or judgment of any court or government agency. In the event Tech Hub is declared to be a common carrier by a law, rule, regulation, or judgment of any court or government agency, Tech Hub may terminate this Agreement.

SECTION 17: TERMINATION BY SUBSCRIBER If Tech Hub fails to perform any of its obligations hereunder, does not cure such breach within thirty (30) days after written notice thereof from Subscriber, or if Tech Hub becomes insolvent or bankrupt, Subscriber, in addition to all other rights it may have under law or its Agreement, shall have the right to terminate this Agreement without penalty and will only be responsible for any fees it incurs prior to cessation of service. If Subscriber exercises its termination right, Tech Hub shall remove all Tech Hub-owned equipment without cost or fee to Subscriber. Should Subscriber engage in early termination of the Agreement but without the justification of a Tech Hub breach, Subscriber will be required to pay an early termination penalty consisting of 100% of the monthly fees for the remaining period of the term.

SECTION 18: DATA SERVICE AND EQUIPMENT ARE PROVIDED “AS IS”

a) TECH HUB’S DATA SERVICE AND EQUIPMENT ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUTWARRANTIES OR CONDITIONS OF ANY KIND. TECH HUB DOES NOT WARRANT THAT SUBSCRIBER’S USE OF THE DATA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, BUG- FREE OR VIRUS-FREE. IN ADDITION, TECH HUB DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO SUBSCRIBER WILL BE TRANSMITTED IN A SECURE OR UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. IN THE EVENT THAT SUBSCRIBER’S BUSINESS REQUIRES CONTINUOUS AND UNINTERRUPTED SERVICE, SUBSCRIBER MAY WISH TO OBTAIN A SECONDARY SERVICE FROM AN ALTERNATE PROVIDER. ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

b)Tech Hub’s liability for mistakes, errors, omissions, interruptions, delays, outages, or defects in transmission or switching of any Service (individually or collectively), excluding any Instance caused by force majeure events or Subscriber actions, omission or equipment, shall be limited solely to a credit of 1/30th of the Monthly Recurring Charge, for the affected portion of the Service, for one or more instances of at least four (4) hours in duration in any 24-hour period that is not coincident with any other instance, provided that the Instance is reported by Subscriber within 24 hours.

SECTION 19: LIMITATION OF LIABILITY

UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, TECH HUB SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TECH HUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING DIRECTLY OR INDIRECTLY FROM: (A) THE USE OR THE INABILITY TO USE THE DATA SERVICE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF SUBSCRIBER’S TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DATA SERVICE; OR (D) ANY OTHER MATTER RELATING TO TECH HUB’S DATA SERVICE OR EQUIPMENT. This Section shall survive any termination of this Agreement.

SECTION 20: INDEMNIFICATION Subscriber shall indemnify, defend, and hold Tech Hub, its subsidiaries, members, affiliates, officers, directors, employees, and agents harmless from any claim, demand, liability, expense, or damage, including costs and reasonable attorneys’ fees, asserted by any third party relating to or arising out of Subscriber’s use of or conduct on the Tech Hub Data Service. Tech Hub will notify Subscriber within a reasonable period of time about any claim for which Tech Hub seeks indemnification and will afford Subscriber the opportunity to participate in the defense of such claim, provided that Subscriber’s participation will not be conducted in a manner prejudicial to Tech Hubs interests, as reasonably determined by Tech Hub. This Section shall survive termination of this Agreement.

SECTION 21: NONDISCLOSURE

a) Unless prior written consent is obtained from a Party hereto, the other Party will keep in strictest confidence all information identified by the first Party as confidential, or which, from the circumstances, in good faith and in good conscience, should be treated as confidential; provided that (a) the owner thereof has taken reasonable measures to keep such information secret; and

(b) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by the public. Such information includes but is not limited to all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures programs, or codes, whether tangible or intangible, and whether or not stored, complied, or memorialized physically, electronically, graphically, photographically, or in writing. A Party shall be excused from these nondisclosure provisions if the information has been, or is subsequently, made public by the disclosing Party, is independently developed by the other Party, if the disclosing party gives its express, prior written consent to the public disclosure of the information, or if the disclosure is required by any law or governmental or quasi-government rule or regulation.

b) If either Party is compelled to disclose confidential information through lawful process in judicial or administrative proceedings, such Party will give the other Party the opportunity, in advance of such disclosure, to seek suitable protective arrangements and will fully cooperate with the other Party in that regard before the confidential information is disclosed.

c) Each Party agrees that violation of this Section 20 would result in irreparable injury and the injured Party shall be entitled to seek equitable relief, including injunctive relief and specific performance in the event of any breach hereof.

SECTION 22: MISCELLANEOUS:

a) This Agreement is governed by the laws of the State of Idaho. Subscriber hereby consents to the exclusive jurisdiction and venue of courts in Ada County, ID in all disputes arising out of or relating to this Agreement and/or use of the Data Service and/or Tech Hub-owned equipment.

b) This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, conversations, representations, promises of warranties (express or implied) whether verbal or written. No modification of this Agreement shall be valid unless made in writing and signed by both parties.

c) The waiver of a breach of any provision of this Agreement shall not be construed as waiver of any subsequent breach of the same or a different provision of this Agreement.

d) If any clause or provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, then, and in the event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby.