Agreement
1. Peace of Mind
Term of Agreement
This Agreement between San
Diego Hat Co , herein referred to as Client, and Crown Computers,
Inc, hereinafter referred to as Service Provider, is effective upon the
date signed, and shall remain in force for a period of one year. The
Service Agreement will be renewed automatically on an annual basis, after
revisions have been approved by both parties.
a)
This Agreement may be terminated by either party with 1- month advance
written notice to the other party. Both parties shall mutually agree upon the
effective date of the termination. If either party terminates this Agreement,
Service Provider will assist Client in the orderly termination of services,
including timely transfer of the services to another designated provider.
Partner agrees to pay Service Provider the actual costs of rendering such
assistance.
2. Fees and Payment Schedule
Fees will be $2195 per month, invoiced to Client on a Monthly basis, and will become due and payable on the first day of each month. Services will be suspended if payment is not received within 5 days following date due. Refer to the Summary of fees and Service rates for services covered by the monthly fee under the terms of this Agreement.
It is understood that any and all 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.
3. Taxes
It is understood that any 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 Service Provider for the state of use.
4. Coverage
Remote Helpdesk and Vendor Management of Client’s IT networks will be provided to the Client by Service Provider through remote means between the hours of 8:00 am – 5:00 pm Monday through Friday, excluding public holidays. Network Monitoring Services will be provided 24/7/365. All services qualifying under these conditions, as well as Services that fall outside this scope will fall under the provisions of the Summary of fees and Service rates. Hardware costs of any kind are not covered under the terms of this Agreement.
Support and Escalation
Service Provider will respond to Client’s Trouble Tickets under the provisions of Appendix A, and with best effort after hours or on holidays. Trouble Tickets must be opened by Client’s designated I.T. Contact Person, by email to our Help Desk, or by phone if email is unavailable. Each call will be assigned a Trouble Ticket number for tracking. Our escalation process is detailed in Appendix A.
Service outside Normal Working Hours
Emergency services performed outside of the hours of 8:00 am – 5:00 pm Monday through Friday, excluding public holidays, shall be subject to provisions of Summary of fees and Service rates. The only exception is for Platinum clients. Platinum clients receive service after hours for emergency issues without extra charges. An emergency issue is defined as Priority 1 or 2 in Appendix A..
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.
5. Additional Maintenance Services
Hardware/System Support
Service Provider shall provide support of all hardware and systems specified under Covered equipment, 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.
Virus Recovery for Current, Licensed Antivirus protected systems
Damages caused
by, and recovery from, virus infection not detected and quarantined by the
latest Antivirus definitions are covered under the terms of this
Agreement. This Service is limited to those systems protected with a
Currently Licensed, Vendor-Supported Antivirus Solution.
Monitoring Services
Service Provider will provide ongoing monitoring and security services of all critical devices as indicated in Covered equipment. Service Provider will provide monthly reports as well as document critical alerts, scans and event resolutions to Client. Should a problem be discovered during monitoring, Service Provider shall make every attempt to rectify the condition in a timely manner through remote means.
6. Suitability of Existing Environment
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:
1.
All Servers with Microsoft Windows Operating
Systems must be running Windows 2000 Server or later, and have all of the
latest Microsoft Service Packs and Critical Updates installed.
2.
All Desktop PC’s and Notebooks/Laptops with
Microsoft Windows Operating Systems must be running Windows XP Pro or later,
and have all of the latest Microsoft Service Packs and Critical Updates
installed.
3.
All Server and Desktop Software must be Genuine,
Licensed and Vendor-Supported.
4.
The environment must have a currently licensed,
up-to-date and Vendor-Supported Server-based Antivirus Solution protecting all
Servers, Desktops, Notebooks/Laptops, and Email.
5.
The environment must have a currently licensed,
Vendor-Supported Server-based Backup Solution.
6.
The environment must have a currently licensed,
Vendor-Supported Hardware Firewall between the Internal Network and the
Internet.
7.
Any Wireless data traffic in the environment
must be secured with a minimum of 128bit data encryption.
Costs required to bring Client’s environment up to these Minimum Standards are not included in this Agreement.
7. Excluded Services
Service rendered under this Agreement does not include:
1) Parts, equipment or software not covered by
vendor/manufacturer warranty or support.
2) The cost of any parts, equipment, or shipping
charges of any kind.
3) The cost of any Software, Licensing, or Software
Renewal or Upgrade Fees of any kind.
4) The cost of any 3rd Party Vendor or
Manufacturer Support or Incident Fees of any kind.
5) The cost to bring Client’s environment up to
minimum standards required for Services.
6) Failure due to acts of God, building modifications,
power failures or other adverse environmental conditions or factors.
7) Service and repair 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.
8) Maintenance of Applications software packages,
whether acquired from Service Provider or any other source unless otherwise
specified.
9) Programming (modification of software code) and
program (software) maintenance unless otherwise specified.
10) Training Services of any kind.
8. Miscellaneous
This Agreement shall be governed by the laws of the State of California. It constitutes the entire Agreement between Client and Service Provider for monitoring/maintenance/service of all equipment listed in Covered equipment. 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, acts of God.
9. Acceptance of Service Agreement
This Service
Agreement covers only those services and equipment listed in Covered equipment. 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 Covered equipment at
the signing of this Agreement, if acceptable to 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.
