Terms of Service

Terms and conditions for using our services

Agreement to Terms

By accessing our website or using our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

Services Description

PhoneBad LLC, doing business as Nowell Tech, provides managed IT services exclusively for dental practices, including but not limited to:

  • 24/7 system monitoring and alerting
  • Help desk support and troubleshooting
  • Network management and security
  • Backup and disaster recovery
  • HIPAA compliance assistance
  • Practice management software support (Eaglesoft, Dentrix, Open Dental)

Specific services, terms, and pricing are defined in individual service agreements with each client.

Free Monitoring Trial

We offer a 90-day free monitoring trial to qualified dental practices. This trial includes:

  • Basic system monitoring and monthly reports
  • No credit card required
  • No obligation to continue after the trial period
  • Option to upgrade to paid services at any time

At the end of the trial period, you may choose to subscribe to our Premium or Ultra-Premium services, or discontinue without penalty.

Service Guarantee

For paying clients, we offer the following guarantee: If your IT systems experience unplanned downtime during business hours due to an issue we should have detected and prevented, we will credit that month's service fee. This guarantee:

  • Applies only to systems under our active monitoring
  • Does not cover issues caused by third-party services, internet outages, or acts of nature
  • Does not cover user error or unauthorized changes to systems
  • Requires that you have followed our recommended security practices

To request a credit under this guarantee, contact us within 7 days of the incident.

Client Responsibilities

As a client, you agree to:

  • Provide accurate information about your systems and IT environment
  • Grant necessary access to systems for monitoring and support
  • Notify us promptly of any issues or changes to your systems
  • Maintain current contact information
  • Pay invoices according to the agreed payment terms
  • Follow reasonable security recommendations we provide

Payment Terms

For paid services, invoices are issued monthly in advance. Payment is due within 15 days of invoice date. We accept payment by check, ACH, or credit card. Late payments may result in service suspension after 30 days past due.

Termination

Either party may terminate services with 30 days written notice. Upon termination:

  • We will provide reasonable assistance transitioning to a new provider
  • Any prepaid fees for unused services will be refunded
  • You remain responsible for fees incurred through the termination date
  • We will return or destroy any of your data in our possession, as you direct

Limitation of Liability

To the maximum extent permitted by law, PhoneBad LLC dba Nowell Tech shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of our services.

Our total liability for any claim arising from our services shall not exceed the total fees paid by you to us in the 12 months preceding the claim.

Indemnification

You agree to indemnify and hold harmless PhoneBad LLC dba Nowell Tech from any claims, damages, or expenses arising from your violation of these terms or your misuse of our services.

Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of PhoneBad LLC dba Nowell Tech and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.

Confidentiality

We will maintain the confidentiality of your business information and will not disclose it to third parties except as necessary to provide services or as required by law. We expect the same confidentiality regarding our proprietary methods and pricing.

HIPAA Compliance

When providing services that involve access to Protected Health Information (PHI), we will enter into a Business Associate Agreement (BAA) with you and comply with all applicable HIPAA requirements.

Dispute Resolution

Any disputes arising from these terms or our services shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Houston County, Alabama, under the rules of the American Arbitration Association.

Governing Law

These terms shall be governed by the laws of the State of Alabama, without regard to conflict of law principles.

Changes to Terms

We may update these Terms of Service from time to time. We will notify existing clients of material changes via email. Continued use of our services after changes constitutes acceptance of the updated terms.

Contact Us

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

PhoneBad LLC dba Nowell Tech
Phone: 334-456-8324
Email: info@nowelltech.com

Last Updated: November 19, 2025