Terms of Use
Effective Immediately
EMC= Cloud Infrastructure Provider
MSP= Customer Facing Business
1. Acceptance of Terms
By using Einstein MSP Cloud “EMC” services, you agree to these Terms.
2. Services Provided
EMC provides:
- QuickBooks Hosting
- Virtual Private Cloud (VPC)
- VoIP/Telecom Services
- Email Hosting
- Web Hosting
- Cloud Infrastructure
All services are delivered exclusively to MSP partners ONLY.
3. Partner Relationship Model
Independent Managed Service Providers, “MSPs”
MSPs are independent entities, not employees or agents of EMC.
Client Ownership
- MSPs own the client relationship
- MSPs handle billing, support, contracts, and compliance
- EMC does not directly engage End Users, only with MSPs
4. Infrastructure Ownership
- EMC owns all cloud infrastructure and systems
- MSPs receive a limited right to use services
- No infrastructure and systems ownership transfers to MSPs or End Users
5. Data Protection Responsibilities
- MSPs are responsible for compliance with GDPR, CCPA/CPRA, and other laws
- MSPs must obtain required consents
- EMC acts only as a processor/service provider
6. Acceptable Use
Prohibited uses include:
- Illegal activity
- Malware distribution
- Unauthorized access attempts
- Spam or abusive communications
7. Service Availability
We strive for uptime, but do not guarantee uninterrupted service.
8. Financial Data Disclaimer (QuickBooks Hosting)
- EMC provides infrastructure only
- We do not manage or validate financial data
- MSPs and End Users are responsible for compliance
9. VoIP Disclaimer
- VoIP services may have limitations (e.g., emergency calling and international calls)
- MSPs must inform End Users
10. Limitation of Liability
- No liability for indirect or consequential damages
- No responsibility for MSP-End User disputes
- Liability capped at fees paid
11. Indemnification
MSPs agree to indemnify EMC from claims related to:
- Client relationships
- Misuse of services
- Legal violations
12. Termination
We may suspend or terminate for:
- Non-payment
- Breach of terms
- Security risks
13. Modifications
Terms may be updated at any time.
14. Governing Law
State of Texas, United States.
15. Payments & Billing
a. MSP Responsibility
- All services are billed to MSPs (Payments Due upon Receipt)
- MSPs bill and collect from End Users “clients”
- EMC is not involved in End User “clients” billing disputes
- MSPs are allowed to resell all of MSP cloud services as long as they are approved partners
b. Fees
- Recurring billing (subscription or usage-based)
- Due per invoice terms, upon receipt
c. Late Payments
- Services may be suspended
- Late fees may apply
- Continued non-payment may result in termination and data removal without notice
d. Suspension Impact
EMC is not liable for End User impact due to MSP non-payment.
e. Taxes
MSPs are responsible for all applicable taxes.
f. Refunds
All service payments are non-refundable unless agreed otherwise.
g. Pricing Changes
Pricing may be updated without notice.
16. Payments & Billing
a. Partner Billing Responsibility
All services provided by EMC are billed directly to the MSP partner.
- MSPs are solely responsible for invoicing and collecting payment from their End Users.
- EMC has no obligation to bill or collect from End Users, only MSPs.
- Any disputes between MSPs and End Users are the sole responsibility of the MSP and not EMC.
b. Fees & Invoicing
- Fees for services (including QuickBooks Hosting, VPC, VoIP, email, web hosting, and
cloud services) are billed on a monthly recurring basis unless otherwise agreed by both parties. - Pricing may be based on usage, subscriptions, or contracted terms.
- All fees are due within the payment terms specified on the invoice (Due upon Receipt).
c. Late Payments
If payment is not received by the due date:
- EMC reserves the right to charge a late fee, suspend or restrict services.
- Late fees and/or interest may be applied as permitted by law.
- Continued non-payment may result in termination of services and data removal.
d. Service Suspension Impact
- Suspension due to non-payment will impact MSP End Users access.
- EMC is not liable for any damages or losses resulting from such suspension.
- MSP can instruct EMC to suspend End User hosting access for non-payment to MSP. EMC
is not liable for any damages or losses resulting of suspension and/or termination of
service.
e. Taxes
MSPs are responsible for all applicable taxes, duties, and government charges.
f. Refunds
- Payments are non-refundable unless otherwise agreed by EMC in writing.
- No refunds will be issues if an End User cancel’s services during billing cycle or a new
cycle has started . - No refunds will be issued for partial billing periods or unused services.
g. Pricing Changes
EMC reserves the right to modify pricing at any time. Continued use of services constitutes
acceptance of updated pricing.
17. Contact
Einstein MSP Cloud “EMC”
Email: info@emcmsp.com