Coverage
Refer to your Expectations Agreement for all services covered under this Terms & Conditions.
No Hardware costs of any kind are covered under the terms of this Agreement.
Service Provider will respond to Client’s Trouble Tickets under the provisions of Appendix A, and with the best effort after hours or on holidays. Trouble Tickets must be opened by Client, online through our support website, by email to our Help Desk email address helpdesk@burgitech.com, 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.
Services performed outside the hours of 9:00 am to 6:00 pm Monday through Friday, excluding public holidays and any services deemed as an emergency which requires immediate dispatching of technician to the Client site, shall be subject to provisions of the Expectations Agreement.
If Client requests onsite service and no problem could be found or reproduced, or the problem could have been resolved remotely, Client shall be billed at $125/hr rate ($125 minimum) for that service call.
Client expressly agrees that:
CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT SERVICE PROVIDER AND ITS OFFICERS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR RESULT IN WHOLE OR IN PART FROM THE NEGLIGENCE OF SERVICE PROVIDER OR ITS OFFICERS, AGENTS OR EMPLOYEES) ARISING OR RELATING IN ANY WAY TO ANY SERVICES OR PRODUCTS THAT SERVICE PROVIDER MAY PROVIDE. EVEN IF ALL OTHER RELEASES AND WAIVERS CONTAINED IN THIS AGREEMENT ARE DEEMED INAPPLICABLE OR UNENFORCEABLE, CLIENT AGREES ITS SOLE REMEDY FOR ANY CLAIM (INCLUDING SOLE OR PARTIAL NEGLIGENCE) OR DAMAGE OF ANY KIND AGAINST SERVICE PROVIDER AND/OR ITS OFFICERS, AGENTS OR EMPLOYEES ARISING OUT OF OR RELATING TO ANY SERVICE OR PRODUCT SERVICE PROVIDER MAY PROVIDE SHALL NOT EXCEED THE GREATER OF $1,000 OR THE AMOUNT THE CLIENT HAS PAID TO SERVICE PROVIDER WITHIN THE MONTH PRECEDING THE OCCURRENCE OF THE CLAIM OR CAUSE OF ACTION FOR THE SERVICE OR PRODUCT THAT ALLEGEDLY CAUSED DAMAGE TO CLIENT.
Service Provider shall provide support of all hardware and systems specified in the Expectations Agreement, provided that all Hardware is covered under a currently active Vendor Support Contract; or replaceable parts be readily available, and all Software is Genuine, Currently Licensed and Vendor-Supported. Should any hardware 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 issue, these will be passed on to the Client after first receiving the Client’s authorization to incur them.
Attempted recovery from damages caused by virus infection not detected and quarantined by the latest Antivirus definitions is covered under the terms of this Agreement. This Service limited to those systems protected with the Antivirus solution provided by service provider as part of this package.
Service Provider will provide ongoing monitoring and security services of all critical devices indicated in the Expectations Agreemnt. Service Provider will provide monthly reports as well as documents 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.
Minimum Standards Required for Services
In order for Client’s existing environment to quality for Service Provider’s Managed Services, the following requirements must be met:
Costs required to bring Client’s environment up to these Minimum Standards are not included as part of this monthly service agreement. Refer to the Expectations Agreemnt for one-time on-boarding fees.
Services rendered under this Agreement do not include:
If at any time the Client is not fully satisfied with the services provided by the service provider as described under this agreement, the Client is entitled to a refund equal to the current monthly service fee.
Confidentiality, Non-Solicitation and Non-Circumvention.
Service Provider and its agents will not use or disclose Client information, except as necessary to or consistent with providing the contracted services and will protect against unauthorized use.
Each party, as well as its agents, employees, successors and assigns, subsidiaries and affiliates, hereby agree that during the term of this Agreement, and for at least one year after the termination thereof, neither party will circumvent the other party or solicit or interfere with or the other party’s customers, employees, distributors or agents with respect to any business, revenue, income, services or products that such party provides to such third parties – specifically including but not limited to customers — or would have been providing , in the absence of any interference or solicitation by the other party. This obligation also applies to such third parties — – specifically including but not limited to customers — who provide business, revenue, income, services or products to either party, or would have been providing them to that party, in the absence of any interference or solicitation by the other party. The obligations of this Section shall be deemed an independent agreement of the parties, and shall survive any termination or expiration of this Agreement.
Client expressly agrees to indemnify and hold harmless Service Provider and its officers, agents and employees, from and against any suits, losses, claims, demands, liabilities, costs, and expenses (including attorney fees) that they may sustain or incur as a result of any claim, including claims of subrogation, against them based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by Client or third parties arising out of, directly or indirectly, the use of any Services or Products that Service Provider may provide, including claims based in whole or part on a claim of negligence by Service Provider, its officers, agents or employees.
Except with respect to actions to collect amounts due and owing under this Agreement, the parties expressly agree that any controversy or claim arising out of or relating to this Agreement in any way, or the breach thereof, shall be settled in Orange County, California by binding arbitration, in accordance with the procedures then obtaining, of the American Arbitration Association (“AAA”) under California law. Discovery shall be allowed as provided under the California Civil Discovery Act in force at the inception of the arbitration. This Agreement shall be enforceable and judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The losing party has right of appeal to all courts of competent jurisdiction as to all arbitral decisions solely on the ground that the arbitral award disregarded the relevant substantive and/or evidentiary law or facts.
This Agreement shall be governed by the laws of the State of California; and any actions or arbitrations shall be brought and decided by a court or arbitrator (as the case may be) in Orange County, California.
Service Provider is not responsible for failure to render service due to circumstances beyond its control including, but not limited to, acts of God, floods, fires, earthquakes, pandemics, etc.
The parties agree that this Agreement may be subsequently amended, but only in a writing signed by an authorized representative of both parties, which amendment shall include additional Services that Service Provider agrees to undertake at Client’s request if feasible in light of other commitments, or other Products that Client may request that Service Provider provide. Any additional Services or Products shall be provided at Service Provider’s customary rates and Client agrees to pay therefore immediately upon receipt of an invoice thereof.
The parties agree that a prevailing party to any collection action of any kind shall be entitled to recover its costs, including but not limited to its reasonable attorney’s fees. Client agrees that all amounts unpaid thirty days after Service Provider provides a Service or Product shall accrue a finance charge of 1.5% per month until paid.
This constitutes the entire Agreement between Client and Service Provider for monitoring/maintenance/service of all equipment listed in “Expectations Agreement” This Agreement constitutes the entire agreement and understanding between the parties concerning the subject matter hereof, and it supersedes and replaces any and all prior negotiations and agreements of any kind or nature whatsoever, written or oral. Its terms and conditions shall prevail should there be any variance with the terms and conditions of any order submitted by Client.
Each party signing this Agreement warrants that he, she or it has the authority to bind the parties on whose behalf he, she or it is executing this Agreement, including those acting as agents or assignees of a party to the Agreement. Client agrees that all rights and obligations under this Agreement shall be binding upon Client’s heirs, successors, assigns, insurers, principals, agents, employees, guests and family members. This Agreement shall inure to the benefit of and be enforceable by Service Provider and its respective successors and assigns.
This Service Agreement covers only those services and equipment listed in “Expectations Agreemnt.” 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 “Expectations Agreement” at the signing of this Agreement, if acceptable to Service Provider, shall result in an adjustment to the Client’s monthly charges.
