Terms Of Service
This Service Agreement, hereinafter referred to as the “Agreement” is between CLIENT NAME, hereinafter referred to as “Client” and GCS IT, LLC, hereinafter referred to as “Service Provider”, is effective upon the date signed and shall remain in force for____. The Service Agreement automatically renews monthly beginning on the day immediately following the end of the Initial Term.
This Agreement may be terminated by the Client upon (30) days written notice if the Service Provider:
- Fails to fulfill its obligations under this Agreement and does not cure such failure within thirty (30) days of receipt of such written notice.
- Breaches any material term or condition of this Agreement and fails to remedy such breach within thirty (30) days of receipt of such written notice.
- Terminates or suspends its business operations, unless it is succeeded by a permitted assignee under this Agreement.
This Agreement may be terminated by the Service Provider upon (30) days written notice to the Client.
If either party terminates this Agreement, Service Provider may assist Client in the orderly termination of services, including timely transfer of services to another designated provider. Client agrees to pay Service Provider the actual costs of rendering such assistance. Any outstanding balances will become immediately due and payable to the Service Provider. Any leased, rented or otherwise equipment owned by Service Provider shall be returned within 30 days of termination date.
Payment Schedule & Project Fees
Payment will be _____ per month, invoiced to Client on a Monthly basis, and will become due and payable upon receipt via ACH or credit card on file. Services may be suspended if payment is not received within 15 days following the due date.
Any Services requested by Client that fall outside of the terms of this Agreement will be considered Projects, and will be quoted and billed as separate, individual Services.
Taxes
Federal, State or Local Taxes applicable shall be added to each invoice for services or materials rendered under this Agreement. Client shall pay any such taxes unless a valid exemption certificate is furnished to the Service Provider for the state of use.
Coverage
Service Provider will support the Client during normal business hours between 8:00 am – 5:00 pm Monday through Friday, excluding public holidays.
Support and Escalation
Service requests must be requested directly by phone or email to Service Provider’s designated communication channels to ensure effective Service delivery and support.
Phone: (915) 229-6082
Email: support@gcsitservice.com
Service outside Normal Working Hours
Emergency services performed outside of the hours of 8:00 am – 5:00 pm Monday through Friday, including public holidays, shall be considered projects, therefore will be billed accordingly.
Limitation of Liability
In no event shall Service Provider be held liable for indirect, special, incidental or consequential damages arising out of service provided hereunder, including but not limited to loss of profits or revenue, loss of use of equipment, lost data, costs of substitute equipment, or other costs. Service Provider shall not be liable for any modifications, incidental or consequential issues arising out of remote access to internal systems.
HIPAA Compliance
Service Provider may sign a Business Associate Agreement for Client upon request. Client is responsible for their HIPAA compliance. Service Provider partners with Compliancy Group to provide comprehensive HIPAA compliance as a service. Service Provider shall not be held liable for any HIPAA compliance issues or violations if Client chooses not to work with our preferred HIPAA compliance partner Compliancy Group.
Scope Of Support
Service Provider shall provide support for all authorized Users, Hardware and Systems specified in Appendix A, provided that all Hardware is covered under a currently active Vendor Support Contract; or replaceable parts be readily available, and all Software be Genuine, Currently Licensed and Vendor-Supported. Should any hardware or systems fail to meet these provisions, they will be excluded from this Service Agreement. Should 3rd Party Vendor Support Charges be required in order to resolve any issues, these will be passed on to the Client after first receiving the Client’s authorization to incur them.
Network Monitoring
Service Provider will document critical alerts, scans and event resolutions to Client. Should a problem be discovered during network monitoring, Service Provider shall make every attempt to rectify the condition in a timely manner through remote means.
Minimum Standards Required for Services
In order for Client’s existing environment to qualify for Service Provider’s Managed Services, the following requirements must be met:
- All Servers with Microsoft Windows Operating Systems must be running Windows 2012 Server or later, and have all of the latest Microsoft Service Packs and Critical Updates installed.
- All Desktop PC’s and Notebooks/Laptops with Microsoft Windows Operating Systems must be running Windows 10, and have all of the latest Microsoft Service Packs and Critical Updates installed.
- All Server and Desktop Software must be Genuine, Licensed and Vendor-Supported.
- The environment must have a currently licensed, up-to-date and Vendor-Supported Antivirus Solution protecting all Servers, Desktops, Notebooks/Laptops.
- The environment must have a currently licensed, Vendor-Supported Backup Solution that can be monitored, and send notifications on job failures and successes.
- All Wireless data traffic in the environment must be secured.
Costs required to bring the Client’s environment up to these Minimum Standards are not included in this Agreement.
Excluded Services
Service rendered under this Agreement does not include:
- Parts, equipment or software not covered by vendor/manufacturer warranty or support.
- The cost of any parts, equipment, or shipping charges of any kind.
- The cost of any additional Software, Licensing, or Software Renewal or Upgrade Fees of any kind.
- The cost of any 3rd Party Vendor or Manufacturer Support or Incident Fees of any kind.
- The cost to bring the Client’s environment up to minimum standards required for Services.
- Service and/or repairs made necessary by the alteration or modification of equipment other than that authorized by Service Provider, including alterations, software installations or modifications of equipment made by Client’s employees or anyone other than Service Provider.
- Maintenance of Applications software packages, whether acquired from Service Provider or any other source.
- Training Services of any kind.
Confidentiality
The parties may not disclose Confidential Information to any third party without prior written consent. The term “Confidential Information” means all proprietary or confidential information that is disclosed by either party and includes, among other things, any and all information relating to products or its financial information, techniques, specifications, development and marketing plans, strategies, forecasts and sales. This provision will continue to be effective after the termination of this Agreement.
Miscellaneous
This Agreement shall be governed by the laws of the State of Texas. It constitutes the entire Agreement between Client and Service Provider for maintenance/service of all equipment listed in “Appendix A.” Its terms and conditions shall prevail should there be any variance with the terms and conditions of any order submitted by Client.
Service Provider is not responsible for failure to render services due to circumstances beyond its control including, but not limited to, outages due to weather or acts of God.
Appendix A
Service environment:
Acceptance of Service Agreement
This Service Agreement covers only those services and equipment listed in “Appendix A.” Service Provider must deem any equipment/services Client may want to add to this Agreement after the effective date acceptable. The addition of equipment/services not listed in “Appendix A” at the signing of this Agreement, if acceptable to the Service Provider, shall result in an adjustment to the Client’s monthly charges.
IN WITNESS WHEREOF, the parties hereto have caused this Service Agreement to be signed by their duly authorized representatives as of the date set forth below.
Accepted by:
