Terms of Service, VoIP E911, HIPAA & Privacy Policies

Welcome to IT Pro Miami ("Company," "we," "our," or "us"). These Terms and Conditions govern your use of our website (https://itpromiami.com) and all Managed IT Services, Cybersecurity, Cloud Computing, Hardware/Workstation builds, and VoIP/Unified Communications services (collectively, the "Services").

• Master Services Agreement (MSA): Specific deliverables, response time SLAs, and monthly flat-rate pricing (including Silver, Gold, or Platinum plans) are governed by your signed MSA or Statement of Work (SOW). If a conflict exists between these online Terms and a signed MSA, the signed MSA controls.
• Client Cooperation & Licensing: To enable 24/7 monitoring, patching, and remote support, the Client agrees to provide necessary administrative credentials, maintain valid third-party software licenses, and provide safe physical and remote access to IT Pro Miami engineers.
• Backups & Disaster Recovery: For Clients subscribed to Managed Backup & Disaster Recovery tiers, IT Pro Miami configures automated local, cloud, or hybrid backups. Restoration speed and completeness depend on source hardware health and internet bandwidth. Clients not subscribed to a managed backup plan remain solely responsible for their own data backups.

IT Pro Miami deploys multi-layered security controls—including Next-Generation Firewalls, Endpoint Detection and Response (EDR), email filtering, and automated patching—to defend your network. However, due to the nature of modern cyber threats:

• No Guarantee of Absolute Immunity: No cybersecurity stack is 100% impenetrable. IT Pro Miami does not warrant or guarantee that your network, servers, or endpoints will be completely immune from zero-day exploits, ransomware, social engineering, or unauthorized third-party breaches resulting from end-user credential compromise.
• Incident Response & Remediation: Emergency forensic investigation, ransomware negotiation, or full-scale server rebuilds caused by external threat actors or end-user negligence outside the scope of your active service tier may incur separate emergency project fees.

• Invoicing & Late Payments: Recurring monthly invoices for MSP, Cloud, and VoIP services are due according to the net terms stated on your invoice. Past-due balances may incur a late fee of 1.5% per month (or the maximum rate permitted under Florida law) and may result in temporary suspension of non-critical support or VoIP outbound calling after written notice.
• Custom Hardware & Equipment: All custom-built servers, workstations, firewalls, and VoIP handsets remain the property of IT Pro Miami until paid for in full. Hardware warranties are governed by the original component manufacturers unless covered by an active IT Pro Miami hardware warranty plan.
• Limitation of Liability: To the maximum extent permitted by law, IT Pro Miami shall not be liable for any indirect, incidental, consequential, special, or punitive damages—including loss of profits, business interruption, or loss of data. IT Pro Miami's total cumulative liability for any claim shall not exceed the total service fees paid by the Client to IT Pro Miami for the specific service giving rise to the claim during the three (3) months immediately preceding the event.
• Governing Law: These Terms are governed by the laws of the State of Florida, with exclusive venue in the state or federal courts of Miami-Dade County, Florida.

• Electrical Power or Internet Outages: VoIP telephone service requires both electrical power and a working broadband internet connection. During a power outage, ISP outage, firewall failure, or account suspension for non-payment, VoIP 911 dialing WILL NOT WORK. Clients must maintain a backup method to dial 911 (such as a mobile phone) at all times.
• Registered Physical Address Routing: Because VoIP desk phones, computer softphones, and the IT Pro Mobile App can be connected from anywhere, 911 calls are routed based on the Registered Physical Address associated with your telephone number—not your real-time GPS coordinates.
• Moving Equipment or Working Remotely: If you move a VoIP phone to a different address or use a softphone while traveling without updating your Registered Address, emergency calls will route to the wrong dispatch center (PSAP) or display your old office address. You must notify IT Pro Miami immediately before moving any VoIP device so we can update your E911 address (updates may take 24–48 hours to take effect).
• Best Practices During an Emergency: When dialing 911 from a VoIP line, immediately tell the dispatcher your current physical address and call-back phone number. Do not hang up until the dispatcher instructs you to do so.
• E911 Indemnification: By using IT Pro Miami VoIP services, you acknowledge these technical limitations and agree to release and hold harmless IT Pro Miami, its officers, engineers, and underlying telecom carriers from any liability, claim, or damages arising out of the inability to dial 911 or misrouted E911 calls caused by power/internet loss or unreported device relocation.

• Acceptable Use & Robocall Prohibition: IT Pro Miami VoIP lines and trunks may not be used for unlawful autodialing, illegal robocalling, spoofing, spam faxing, or high-volume call-center blasting that violates FCC STIR/SHAKEN or TCPA regulations.
• Number Porting (LNP): Porting existing telephone numbers to or from IT Pro Miami depends on the cooperation of your losing/winning carrier and accurate CSR/billing records. IT Pro Miami is not responsible for carrier-side delays during the porting window.
• Call Recording Compliance (Florida Two-Party Consent): If your organization enables call recording on your Cloud PBX, you are solely responsible for complying with state and federal wiretapping laws—including Florida's two-party consent law (Fla. Stat. § 934.03)—by playing an automated "This call may be recorded" greeting or obtaining explicit consent from callers.

• Technical & Physical Safeguards: In accordance with the HIPAA Security Rule (45 CFR Part 164), IT Pro Miami implements access controls, multi-factor authentication (MFA), endpoint encryption, audit logging, and encrypted off-site backups for subscribed healthcare clients.
• Shared Responsibility Model: Achieving full HIPAA compliance requires both secure technology and internal clinic governance. While IT Pro Miami manages the covered IT infrastructure, the Client (Covered Entity) remains solely responsible for administrative safeguards, staff HIPAA security awareness training, physical office security, EHR user permissions, and proper employee handling of patient records.
• Business Associate Agreement (BAA): Whenever IT Pro Miami's scope of work involves routine administration or storage of systems containing ePHI, both parties agree to execute a formal HIPAA Business Associate Agreement (BAA) prior to transmitting or storing Protected Health Information.

IT Pro Miami respects your privacy and is committed to protecting the personal and business data you share with us.

• Information Collected: When you submit a support ticket, contact form, onboarding sheet, or payment on itpromiami.com, we collect your name, business name, email address, phone number, billing address, and technical system logs necessary to diagnose and support your IT environment.
• How We Use Your Data: We use this information strictly to deliver Managed IT and VoIP services, dispatch technicians, process invoices, send critical security alerts or maintenance notifications, and maintain your E911 registered location.
• Zero Sale of Client Data: IT Pro Miami never sells, rents, or trades your personal information, client lists, or network data to third-party marketers or data brokers.

In compliance with The Campaign Registry (TCR) and telecom carrier 10DLC regulations for business text messaging:

• Opt-In & Purpose of Messages: By providing your mobile phone number to IT Pro Miami and opting in via our website forms, support portal, or verbal/written service onboarding, you consent to receive transactional and support-related SMS text messages from IT Pro Miami (such as ticket updates, technician dispatch alerts, outage notices, MFA codes, and billing reminders).
• No Third-Party Sharing of Mobile Data: Mobile information and text messaging opt-in data will NOT be shared, sold, or transferred to any third parties or affiliates for marketing or promotional purposes under any circumstances.
• Message Frequency & Rates: Message frequency varies based on your support ticket activity. Standard message and data rates may apply from your wireless carrier.
• Opt-Out & Help Instructions: You may opt out of receiving SMS messages at any time by replying STOP to any text message from us. For assistance, reply HELP or call us directly at 305-942-8201.

• Website Cookies: Our website uses standard analytical and session cookies to improve page load speed, user experience, and portal login functionality. You can disable cookies in your browser settings at any time.
• RMM & Support Agents: For Managed IT clients, our Remote Monitoring and Management (RMM) software collects hardware health metrics, patch status, and security telemetry strictly for proactive maintenance and support.