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BigO Services, LLC. – BigO Support Managed Services Terms and Conditions
This Agreement for BigO Services, LLC – BigO Support Managed Services is made as of start of service date , by and between BigO Services (“Consultant”) and the person(s) or company receiving services (“Client”). All of the terms of the Agreement are expressly incorporated herein. All capitalized terms herein shall have the meaning ascribed to them in the Agreement, unless expressly defined otherwise herein.
1. Payment Terms.
1a. Consultant agrees to perform for Client the following services (“BigO Support – Managed Services”) for the monthly fee set forth by the Service Level Agreement. Client shall pay the first month Managed Service fee upon execution of this agreement. Managed Services fees are due on the 14th of each calendar month thereafter.
1b. If payment is not received in full on any invoice within 15 days after the due date, late charges at 1.5% interest per month (15% per year) will be imposed on the unpaid balance after.
2. Services
2a. Services Included in Managed Services
BigO Support – Managed Services Level includes the following support during regular business hours (defined as Mon-Fri 9:00am–7:00pm PDT/PST):
For PCs: Unlimited Support Tickets, Unlimited Phone Support, Unlimited Remote Support, Microsoft Application Support, Patch Management, Anti-Virus Management and Monitoring, Event Log Monitoring, Drive Space Monitoring.
For Servers: Unlimited Service Ticket Support, Unlimited Phone Support, Unlimited Remote Support, Service Availability Monitoring, Microsoft Patch Management, Event Log Monitoring, Log File Maintenance, Drive Space Monitoring, Printer Setting Management, User Account Administration, File Sharing Permission Administration, Security Administration, Virus Definition Maintenance and Prevention, 24/7/365 Server Monitoring.
For Networks: Purchasing Assistance, ISP Management, 3rd Party Vendor Management, 24/7/365 Network Monitoring, Router Management, Antivirus Management, Firewall Management, VPN Management, Asset Lifecycle Management, Asset Reporting.
2b. In the event of an occurrence that falls outside the scope of these service offerings, or a physical visit by a support representative of Consultant is required, a regular hourly fee of $85.00 will be charged per man hour during regular business hours.
2c. An extended hourly fee of $130.00 will be charged per man hour for after-hours (defined as Mon-Fri 7:01pm–8:59am PDT/PST), weekend (Fri 7:01pm – Mon 8:59am PDT/PST) or holidays (New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day, New Years Eve).
3. Software.
3a. Maintaining the systems described above shall include applying all appropriate software and operating system updates in a reasonable amount of time. Consultant shall determine when software updates are appropriate and what constitutes a reasonable amount of time.
Client acknowledges that if Client requests updates that Consultant considers inappropriate, or wishes to have updates applied before Consultant deems them safe, Consultant is not responsible for the consequences of such actions and Client may be charged a Regular Consulting Hours or Extended Consulting Hours charge, as the case may be, for all labor related to the consequences of such actions.
3b. Consultant shall notify Client of any non-supported and/or unlicensed software and recommend actions to correct the problem and/or suggest immediate removal of software.
Client acknowledges that if Client declines Consultants recommended actions, Consultant is not responsible for the consequences of such action and Client may be charged a Regular Consulting Hours or Extended Consulting Hours charge for all labor related to the consequence of such action as well as take full responsibility of possible outcome from running such software.
Furthermore, if Client performs or allows anyone other than Consultant to perform any type of maintenance on machines covered in this contract, Consultant is not responsible for the consequences of such actions and Client may be charged a Regular Consulting Hours or Extended Consulting Hours charge, as the case may be, for all labor related to the consequences of such actions.
4. Monitoring Software.
4a. In order to provide the services specified in this Agreement, Consultant must install remote monitoring and management software on Client’s servers, desktop computers, laptops, or possibly other equipment at Client’s office. Client grants permission to Consultant to install any remote monitoring and management software deemed necessary by Consultant.
5. AntiVirus and Security Patch Management
5a. Consultant agrees to ensure that Virus Definition and Security Patch Updates are being performed provided that Client has provided adequate Security and AntiVirus software. Consultant shall determine what constitutes as adequate Security and AntiVirus software.
Client acknowledges that if Client requests Security and AntiVirus software that is considers inadequate by Consultant or wishes to use Security and AntiVirus deemed unsafe by Consultant, Consultant is not responsible for the consequences of such actions and Client may be charged a Regular Consulting Hours or Extended Consulting Hours charge, as the case may be, for all labor related to the consequences of such actions.
6. Term of Agreement; Termination.
6a. This Agreement shall commence on the first day that Service Level invoice is paid and shall continue (i) for a period of 30 days; or (ii) until the termination of the Agreement.
If a contract renewal is not completed and signed by the expiration of this contract, services will automatically go into a month to month term billed at the rate set in the Service Level invoice and Client or Consultant can then terminate the Agreement with 30 day prior written notice without penalty fees.
6b. Either party may cancel contract at any time during the term of this contract with 30 days prior written notice and an early termination fee of double the monthly fix fee as set forth in Service Level Agreement if contract is canceled before the expiration of this contract.
6c. Upon termination of this Agreement, Consultant shall uninstall all remote monitoring and management software and/or any software provided by the Consultant from all Client equipment. Client acknowledges that this may leave its computers and other equipment without adequate systems for updates to operating systems, software, and AntiVirus programs. Consultant shall not be held responsible for any damages or consequences resulting from the removal of such software.
7. Nature of This Agreement
7a. This Agreement is intended to cover the maintenance of computer operating systems and software only. It is not intended to cover any hardware, materials, equipment, consumables, hardware failures, troubleshooting or replacements, or any labor related to projects other than the proper maintenance of operating systems and software. Consultant offers other services, including hardware-related labor. Any labor provided outside the scope of this Agreement will be at the rates stated by Consultant.
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