Last updated: August 13, 2026
Triumphant Technology Group, LLC
Effective Date: August 13, 2026
These Terms of Service ("Terms") set out the core operating principles that govern the relationship between Triumphant Technology Group, LLC ("Triumphant," "we," "us," "our") and any client that engages our services ("Client," "you"). These Terms apply generally across all engagements and are intended to remain stable over time.
For clients on retainer, a Master Service Agreement ("MSA") — together with any accompanying Statement of Work, Service Level Agreement, or Order Form — will govern the specific commercial terms of the engagement, including pricing, fees, service tiers (e.g., SmartStart, Business Pro, Enterprise), response times, and term/renewal details. If any term of an MSA conflicts with these Terms, the MSA controls for that engagement. Where no MSA exists, these Terms serve as the default governing agreement.
Triumphant provides managed IT services, which may include network monitoring and patching, help desk and end-user support, Microsoft 365 administration, cybersecurity monitoring, cloud services, and related IT consulting. The specific services, service tier, deliverables, and pricing applicable to a given Client are defined in that Client's MSA, Order Form, or service package description.
2.1 Client will provide Triumphant with reasonable access to premises, systems, networks, and personnel reasonably necessary to deliver the services, including remote access credentials where required.
2.2 Client is responsible for maintaining appropriate licenses for all software in use and for the accuracy of information it provides to Triumphant.
2.3 Client will designate a primary point of contact authorized to make decisions regarding the services.
2.4 Client remains responsible for maintaining independent backups of critical data, except where backup and disaster recovery is an explicitly contracted service under the applicable MSA.
3.1 Client authorizes Triumphant to remotely access Client's systems, networks, and devices as reasonably necessary to deliver the services.
3.2 Triumphant will implement commercially reasonable administrative, technical, and physical safeguards to protect Client systems and data, but cannot guarantee systems will be completely free from vulnerabilities, breaches, or unauthorized access — particularly where such incidents result from factors outside Triumphant's control (e.g., zero-day exploits, Client-side negligence, or third-party vendor failures).
Each party agrees to protect the other party's confidential information with the same degree of care it uses for its own confidential information, and not to disclose such information to third parties except as necessary to perform the services or as required by law. This obligation survives termination of the engagement for three (3) years.
5.1 Client retains ownership of all Client data. Triumphant will not use, sell, or disclose Client data except as necessary to provide the services or as required by law.
5.2 If Triumphant processes personal data on Client's behalf in a manner subject to applicable data protection law, the parties may execute a separate Data Processing Addendum.
6.1 Triumphant retains ownership of all pre-existing tools, scripts, methodologies, documentation, and know-how used to deliver the services.
6.2 Any custom deliverables created specifically for Client and paid for in full become Client's property, excluding Triumphant's underlying tools, frameworks, and proprietary processes, which Triumphant licenses to Client solely for use in connection with the services.
7.1 Triumphant will perform services in a professional and workmanlike manner consistent with generally accepted industry standards.
7.2 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT OR AN APPLICABLE MSA, TRIUMPHANT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRIUMPHANT DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ALL SECURITY THREATS WILL BE PREVENTED.
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIUMPHANT'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO TRIUMPHANT IN THE SIX (6) MONTHS PRECEDING THE CLAIM, UNLESS OTHERWISE SPECIFIED IN THE APPLICABLE MSA.
8.2 IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 These limitations do not apply to breaches of confidentiality, indemnification obligations, or damages arising from gross negligence or willful misconduct.
Each party agrees to indemnify, defend, and hold harmless the other party from third-party claims arising from its own gross negligence, willful misconduct, or material breach of this Agreement.
Neither party will be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, internet or utility outages, acts of government, labor disputes, or pandemics.
Triumphant maintains commercially reasonable insurance coverage, including general liability and, where applicable, professional liability (errors and omissions) and cyber liability insurance, and will provide proof of coverage upon reasonable request.
Triumphant is an independent contractor. Nothing in these Terms creates a partnership, joint venture, or employment relationship between the parties.
Neither party may assign its rights or obligations under these Terms without the other party's prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets.
14.1 These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles.
14.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, an MSA, or the services provided (a "Dispute") will be resolved by binding arbitration, rather than in court, except that either party may bring an individual action in small claims court for qualifying disputes. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, conducted by a single arbitrator, and seated in Bartow County, Georgia (or conducted remotely/by written submission if the parties agree). The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
14.3 Class Action Waiver. Disputes must be brought on an individual basis only. Neither party may bring a claim as a plaintiff or class member in any purported class, collective, or representative proceeding.
14.4 Injunctive Relief Carve-Out. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect confidential information or intellectual property rights pending the outcome of arbitration.
14.5 Before initiating arbitration, the parties agree to first attempt to resolve the Dispute through good-faith negotiation for a period of at least fifteen (15) days.
These Terms, together with any applicable MSA, SOW, SLA, or Order Form, constitute the entire agreement between the parties regarding the services and supersede all prior agreements or understandings, whether written or oral, relating to their subject matter.
Triumphant may update these Terms from time to time to reflect changes in how we operate. Because these Terms are intended to capture stable, foundational principles, material changes will be communicated to Client with reasonable notice, and continued use of services after such notice constitutes acceptance of the updated Terms. Client-specific commercial terms (pricing, service levels, term length) are governed exclusively by the applicable MSA and are not affected by updates to these Terms.
Questions about these Terms should be directed to:
Triumphant Technology Group, LLC
Cartersville, Georgia
Phone: +1 (404) 387-0435
Email: [email protected]
Website: triumphanttechgroup.com