Terms & Conditions

Effective Date: September 13, 2026

These Terms of Service (“Terms”) govern the use of services provided by Markothyx (“Markothyx,” “we,” “our,” or “us”) and your use of our website at https://markothyx.com. By engaging Markothyx for services, accepting a proposal, statement of work, service agreement, or otherwise using our services, you agree to these Terms.

1. Services

Markothyx provides managed IT, cybersecurity, Microsoft cloud, technical support, consulting, and related technology services. Depending on the applicable proposal, service plan, or statement of work, services may include:

• Managed IT services and remote monitoring.
• Patch and endpoint management.
• Help desk and user support.
• Cybersecurity and endpoint protection.
• Microsoft 365 and cloud administration.
• Identity and access management.
• Backup and business continuity support.
• Security assessments and remediation planning.
• IT consulting and technology roadmaps.
• Vendor coordination and related technology support.

The specific services, scope, deliverables, exclusions, service levels, and fees applicable to a customer will be described in the applicable proposal, service agreement, service plan, statement of work, or other written agreement between Markothyx and the customer.

2. Customer Responsibilities

Customers agree to provide reasonable cooperation, accurate information, appropriate access, and any approvals necessary for Markothyx to perform the agreed services. Customer responsibilities may include:

• Providing accurate information regarding systems, users, devices, software, and infrastructure.
• Providing authorized access to systems and services necessary for support and administration.
• Maintaining appropriate licenses for third-party software and cloud services.
• Promptly notifying Markothyx of material changes to the customer’s technology environment.
• Following reasonable security recommendations and account-management procedures.
• Ensuring that individuals requesting support are authorized to do so.

3. Security and Access

Markothyx uses reasonable administrative and technical practices designed to support secure service delivery. Depending on the services provided, these practices may include multi-factor authentication, least-privilege access, individual technician accounts, secure credential management, logging, access reviews, endpoint protection, and privileged access controls.

Customer acknowledges that no information system, network, cloud platform, or cybersecurity control can be guaranteed to prevent every security incident, service interruption, data loss, or unauthorized access.

4. Third-Party Services and Vendors

Some services may depend on third-party products, platforms, vendors, cloud providers, internet providers, software publishers, or other service providers. Markothyx may assist with the administration, configuration, or coordination of these services but does not control the availability, performance, security, pricing, policies, or actions of third parties.

Customer may be subject to separate licenses, subscriptions, terms, fees, or agreements imposed by third-party providers.

5. Fees and Payment

Fees for services will be stated in the applicable proposal, service agreement, service plan, statement of work, invoice, or other written agreement.

Customer agrees to pay all undisputed amounts when due according to the payment terms stated in the applicable agreement or invoice. Applicable taxes, third-party licensing charges, hardware costs, software subscriptions, or other approved expenses may be billed separately where applicable.

Markothyx may suspend or limit services for materially overdue amounts where permitted by the applicable agreement and law, provided reasonable notice is given where appropriate.

6. Service Plans and Changes

Managed service plans may vary in scope and may include different combinations of monitoring, patch management, help desk support, endpoint security, Microsoft 365 management, backup, identity security, vulnerability management, security reviews, consulting, and technology planning.

Any material change to the scope of services, pricing, or deliverables should be documented in writing through an updated proposal, change order, statement of work, or other written agreement.

7. Term and Termination

The term of any managed service arrangement will be stated in the applicable service agreement, proposal, or statement of work.

Either party may terminate services in accordance with the termination provisions specified in the applicable agreement. Upon termination, Customer remains responsible for all fees and approved charges incurred through the effective termination date.

Where appropriate, Markothyx may assist with reasonable transition or offboarding activities. Any additional transition services may be subject to separate fees or scope requirements.

8. Backup and Business Continuity

If backup or business continuity services are included in the applicable service agreement, Markothyx will provide those services according to the agreed scope and configuration.

Unless expressly stated otherwise in writing, Markothyx does not guarantee that all data can be recovered in every circumstance. Recovery capabilities may depend on backup configuration, retention settings, third-party platforms, available recovery points, system integrity, and other technical factors.

9. Cybersecurity Services

Cybersecurity services may include endpoint protection, Microsoft Defender, vulnerability management, multi-factor authentication, email security, secure configuration, monitoring, access reviews, security assessments, and remediation recommendations.

Customer acknowledges that cybersecurity services reduce risk but cannot eliminate all threats, vulnerabilities, attacks, outages, or security incidents.

10. Security and Compliance Assessments

Security reviews, vulnerability assessments, CIS Controls assessments, Microsoft 365 security reviews, identity reviews, privileged access reviews, and similar assessments are intended to identify risks and provide recommendations based on the information and systems available at the time of review.

Unless expressly agreed in writing, such services do not constitute legal advice, certification, audit attestation, or a guarantee of compliance with any particular law, regulation, framework, or contractual requirement.

11. Intellectual Property

Each party retains ownership of its pre-existing intellectual property, documentation, software, systems, processes, methodologies, trademarks, and other proprietary materials.

Customer retains ownership of its business data and customer-specific information. Any ownership or licensing terms related to custom deliverables will be governed by the applicable proposal, statement of work, or other written agreement.

12. Confidentiality

Each party may receive confidential or proprietary information belonging to the other party. Each party agrees to use reasonable care to protect such information and to use it only for purposes related to the business relationship, except where disclosure is required by law or authorized by the disclosing party.

13. Disclaimer of Warranties

Except as expressly stated in a written agreement, services are provided on an “as available” basis. To the maximum extent permitted by applicable law, Markothyx disclaims warranties that are not expressly stated in writing, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Markothyx does not guarantee uninterrupted service, complete prevention of cybersecurity incidents, elimination of all vulnerabilities, or continuous availability of third-party systems and services.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Markothyx will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, loss of business opportunity, or loss of use, arising from or related to the services.

Any additional limitation of liability, liability cap, exclusions, or remedies applicable to customer services should be specified in the applicable service agreement or statement of work.

15. Indemnification

To the extent provided in an applicable service agreement, each party may be responsible for claims arising from its own negligence, misconduct, violation of law, or breach of its contractual obligations.

16. Acceptable Use

Customer agrees not to use Markothyx services, systems, access, or resources for unlawful, abusive, fraudulent, malicious, or unauthorized purposes.

Markothyx may suspend access where reasonably necessary to protect systems, customers, third parties, or infrastructure from material security or operational risk.

17. Website Use

The content on the Markothyx website is provided for general informational purposes. Website content does not constitute a binding service commitment, security guarantee, legal advice, compliance certification, or professional advice unless expressly incorporated into a written agreement.

18. Privacy

Our collection and use of personal information are governed by the Markothyx Privacy Policy available on our website.

19. Force Majeure

Neither party will be responsible for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, widespread internet or utility failures, governmental actions, labor disruptions, cyber events affecting third-party infrastructure, or failures of external service providers, except for payment obligations already due.

20. Changes to These Terms

Markothyx may update these Terms from time to time to reflect changes in services, business practices, technology, or legal requirements. Updated Terms will be posted on our website with a revised effective date.

21. Governing Law

These Terms will be governed by the laws of the jurisdiction specified in the applicable service agreement. If no governing law is specified in a separate written agreement, the applicable governing law and venue should be determined according to Markothyx’s registered business jurisdiction.

22. Entire Agreement

These Terms, together with any applicable proposal, service agreement, statement of work, service plan, privacy policy, and other incorporated documents, constitute the agreement between the parties regarding the applicable services.

If there is a conflict between these Terms and a separately signed service agreement or statement of work, the terms of the signed agreement will control with respect to that conflict.

23. Contact Us

If you have questions about these Terms of Service, please contact:

Markothyx
Website: https://markothyx.com
Email: admin@markothyx.com