Terms of Service


Service Rates, Response Times, and Minimums

 

1.       Service Rates, Response Times and Minimums

1.1.     Time Zone. Unless explicitly stated otherwise, and in writing, all listed times are in Arizona time.

1.2.     Initial Response. Response time begins upon the creation of a support ticket. See Section 2 for methods to create a support ticket.

1.3.     Onsite Response. Onsite response time begins after N1S’ support staff determines an onsite visit is required to resolve the support request.

2.       Support methods

2.1.     E-Mail. Response times are based upon the creation date and time of a support ticket. Support tickets can be created on demand by submitting support requests via email to the IT Help Desk at support@net1services.com.

2.1.1.  E-Mails sent directly to support staff are not automatically converted into support tickets, and therefore are not subject to defined support response times.

2.1.2.  N1S is not responsible for email not sent by CUSTOMER nor received or read by CUSTOMER due to issues including but not limited to spam filtering, service or internet outage or issues with email clients or webmail. The IT Help Desk sends confirmation replies to all new support requests not associated with an existing support ticket. If a confirmation email is not received, please contact the support department via phone at (602) 889-7275.

2.2.     Phone. Support requests may be submitted to the support department via phone at (602) 889-7275.

2.2.1.  If a voicemail is left, N1S’ support staff will review the message and generate a support ticket. Defined response times take effect upon the creation of a support ticket. For this reason, we recommend CUSTOMER send support requests to the IT Help Desk via email.

3.       Billing Increments and Minimums

3.1.     On-Site Support. All rendered on-site support services are billed in quarter-hour (15 minute) increments. The billing minimum for each on-site visit is one hour.

3.2.     Remote and Phone Support. All rendered remote and phone support services are billed in quarter-hour (15 minute) increments. The billing minimum is a quarter-hour (15 minutes).

4.       Rates

4.1.     Standard Hourly Rate

4.1.1.  Applicability. The Standard Hourly Rate applies to all support services rendered during Standard Business Hours.

4.1.1.1.  Prepaid or Allocated Support. Support services rendered during Standard Business Hours will be deducted from available prepaid allocated support.

4.1.1.2.  The Standard Hourly Rate time factor is 1:1, resulting in 1 hour deduction per 1 billable hour.

4.1.1.3.  Rendered support in excess of available allocation will be billed at Time and Material Rates.

4.2.     Extended Hourly Rate

4.2.1.  Applicability. The Extended Hourly Rate applies to all support services rendered during Extended Business Hours.

4.2.2.  Prepaid or Allocated Support. Support services rendered during Extended Business Hours will be deducted from available prepaid allocated support.

4.2.2.1.  The Standard Hourly Rate time factor is 1.25:1, resulting in 1 hour and 15 minute deduction per 1 billable hour.

4.2.2.2.  Rendered support in excess of available allocation will be billed at Time and Material Rates.

4.3.     Holiday and Weekend Hourly Rate

4.3.1.  Applicability. The Holiday and Weekend Hourly Rate applies to all support services rendered during Holiday and Weekend Hours.

4.3.2.  Prepaid or Allocated Support. Support services rendered during Holiday and Weekend Hours will be deducted from available prepaid allocated support.

4.3.2.1.  The Standard Hourly Rate time factor is 1.50:1, resulting in 1 hour and 30 minute deduction per 1 billable hour.

4.3.2.2.  Rendered support in excess of available allocation will be billed at Time and Material Rates.

4.4.     Emergency and Non-Standard Hourly Rate

4.4.1.  Applicability. The Emergency and Non-Standard Hourly Rate applies to all Priority 1 incidents and support services rendered during Emergency and Non-Standard Hours.

4.4.2.  Prepaid or Allocated Support. Support services rendered during Emergency and Non-Standard Hours will be deducted from available prepaid allocated support.

4.4.2.1.  The Standard Hourly Rate time factor is 2.0:1, resulting in 2 hours deduction per 1 billable hour.

4.4.2.2.  Rendered support in excess of available allocation will be billed at Time and Material Rates.

5.       Response Priorities and Times

5.1.     Priority 1 – Critical / Emergency Support

5.1.1.  Definition. CUSTOMER’s ability to conduct business or service has stopped (i.e., down server, network, primary application).

5.1.2.  Response Times. Initial response time for Priority 1 support requests (1) during Standard Business Hours is 30 minutes; and (2) during Extended Business Hours is 2 hours. Onsite response time for Priority 1 support requests is 2 hours.

5.2.     Priority 2 – Business-Wide Issue(s)

5.2.1.  Definition. A system alert or failure resulting in a degradation of services but not a complete loss of services.

5.2.2.  Response Times. Initial response time for Priority 2 support requests (1) during Standard Business Hours is 1 hour; and (2) during Extended Business Hours is 2 hours. Onsite response time for Priority 2 support requests is 2 hours.

5.3.     Priority 3 – User Issue(s)

5.3.1.  Definition. An individual user or individual application is down, or problem or incident where single users can operate some of the activities normally, but a definite problem is identified.

5.3.2.  Response Times. Initial response time for Priority 3 support requests (1) during Standard Business Hours is 1 hour; and (2) during Extended Business Hours is 2 hours. Onsite response time for Priority 3 support requests is 4 hours.

5.4.     Priority 4 – Minor Issue(s)

5.4.1.  Definition. Any request from a single user or site group requesting new services or clarification (i.e., requesting a new user logon, new workstation, move a workstation, user login failures, etc…)

5.4.2.  Response Times. Initial response time for Priority 4 support requests during Standard and Extended Business Hours is 1 day. Onsite response time for Priority 4 support requests is 24 hours.

5.5.     Priority 5 – Scheduled

5.5.1.  Definition. Longer term requests that are not time sensitive but need to be completed.

5.5.2.  Response Times. Initial response time for Priority 5 support requests during Standard and Extended Business Hours is 1 day. Onsite response time for Priority 5 support requests will be handled as resources are available.

 

 

Interactive IT: Managed IT Services

 

1.       Definition of Devices

1.1.     Server. A server shall be considered any computing device running a Supported Server Operating System or a Partially or Unsupported Server Operating System.

1.1.1.  Supported Server Operating System. All editions of Windows Server 2008, Windows Server 2008 R2, and Windows Server 2012.

1.1.2.  Partially or Unsupported Server Operating System. Any operating system other than the defined Supported Server Operating Systems may not be fully supported or supported at all. This includes Windows Server operating systems prior to and including Windows 2003, and all server versions of Mac OS and *nix operating systems. Supportability for devices running Partially or Unsupported Server Operating Systems will be determined on an as-needed basis.

1.1.3.  Exclusions. Any device running (1) a Windows client operating system; or (2) an operating system not listed in the Supported Server Operating Systems or Partially or Unsupported Server Operating Systems, will not be considered a server.

1.2.     Workstation. A workstation shall be considered any computing device running a Supported Client Operating System or a Partially or Unsupported Client Operating System.

1.2.1.  Supported Client Operating System. All editions of Windows Vista, Windows 7, Windows 8, and Windows 10.

1.2.2.  Partially or Unsupported Client Operating System. Any operating system other than the defined Supported Client Operating Systems may not be fully supported or supported at all. This includes Windows operating systems prior to and including Windows XP, and all client versions of Mac OS and *nix operating systems. Supportability for devices running Partially or Unsupported Client Operating Systems will be determined on an as-needed basis.

1.3.     Network Equipment. Network Equipment shall be considered any hardware that facilitates or filters network traffic. This includes firewalls, routers, gateways, switches, bridges, hubs, repeaters, WAP (Wireless Access Point).

1.3.1.  Exclusions. Vendor telecommunication hardware, DVR hardware.

2.       Definition of Services

2.1.     Performance, Availability & Predictive Failure Monitoring. N1S will utilize a monitoring system designed to track the availability and performance of critical networking components, including designated servers, and managed networking gear (e.g. routers, firewalls, managed switches, etc.). The monitoring system will provide Help Desk with real time alerts that will be responded to under the terms of this agreement. The system will also allow for the periodic production of reports which will be made available to the CUSTOMER.

2.1.1.  Advanced Hardware Monitoring for Servers. N1S may provide advanced hardware monitoring for qualifying Dell, HP, IBM and Intel servers. To qualify, the server must support and have one of the following software applications installed.

2.1.1.1.  Dell OpenManage Server Administrator Managed Node

2.1.1.2.  HP Systems Insight Manager Agent

2.1.1.3.  IBM ServeRAID (for RAID-level monitoring) and the IBM Director Platform agent (for hardware-level monitoring)

2.1.1.4.  Intel System Management Software

2.2.     Patch Monitoring & Management. N1S will utilize a system that will monitor the operating system patch levels of known systems that run approved operating systems and are connected to the network. This includes servers, desktop workstations, and laptop/notebook computers. This system also allows N1S to deploy patches utilizing strategic timing based on best practices. N1S is also able to monitor and manage patch levels of Microsoft Office applications, and certain critical Microsoft back office server based applications such as Exchange and SQL Server.

2.3.     Virus Definition Monitoring & Management. N1S will utilize a system that monitors antivirus definition levels of all known systems. Our system is compatible with most major antivirus software vendors (i.e. F-Secure, Symantec/Norton, McAfee, Trend Micro, and BitDefender, subject to change without notice).

2.4.     System Administration. Basic system administration  is included as part of this agreement. System administration tasks may be included, such actions as resetting passwords, assisting with basic shared folder creation and the associated permissions, creating and removing users from the user directory, adding a printer to an existing workstation, minor software updates, etc.

2.4.1.  Refer to Section 4 for technical support time allotments per workstation and server that may be used for system administration. System administration support exceeding the allotted times will be billed at Time & Material Service Rates (See Service Rates, Response Times, and Minimums).

2.5.     System Maintenance. Basic maintenance tasks are included as part of this agreement. Each maintenance task is performed utilizing the most expedient and unobtrusive method available, including automatic/remote, manual/remote, and manual/on-site.

2.6.     Backup Monitoring & Management. N1S will monitor CUSTOMER’s backup solution(s) by configuring the backup solution(s) to email notifications to the I.T. Help Desk. The level of monitoring N1S can provide is dependent upon the backup solution’s notification capabilities.

2.7.     Help Desk & Emergency Support. Systems or end-user problems or issues that involve systems listed as part of this agreement, assuming CUSTOMER has met all expectations and requirements contained herein, and assuming the nature of the issue is not listed as an exclusion, will be handled in the most appropriate and expedient manner. By default, response to alerts and requests are covered during Standard Business Hours. Extended support hours are available. See Service Rates, Response Times, and Minimums for details regarding all support coverage rates.

2.8.     Quarterly Review Meetings. Quarterly meetings may be held to review monitoring reports, service requests, and to assess the overall satisfaction of the services being provided.

3.       Technical Support

3.1.     Categorical Aggregated Time. Allotted technical support time is aggregated within the discrete Interactive I.T. Services categories.

3.1.1.  Example: CUSTOMER has two servers covered under the Interactive I.T. Services Agreement. Each server includes one hour (60 minutes) of server technical support, totaling two hours (120 minutes) of combined server technical support. The two hours (120 minutes) of server technical support can be used toward a single server or split between the two. However, the two hours (120 minutes) of server technical support cannot be used for workstation, security, backup, or networking support.

3.2.     Exclusions. Allotted technical support may not be used toward Project/Integration Work, Line of Business Applications, Hardware Support and Repair, Hardware Replacement, and Non-Covered / Personal Equipment. See Section 5 – Exclusions & Assumptions for a list of all exclusions.

3.3.     Overages. Rendered support services exceeding allotted technical support time will be billed at prevailing Time & Material rates. See Service Rates, Response Times, and Minimums for details regarding all support coverage rates.

3.4.     No Rollover. Unused allocated time is not rolled over to the next month.

4.       Interactive I.T. Services

4.1.     Proactive Server

4.1.1.  Scope. Server devices.

4.1.2.  Managed Services. Performance, Availability & Predictive Failure Monitoring; Microsoft and 3rd Patch Monitoring & Management, Scheduled System Maintenance.

4.1.3.  Technical Support. Each server shall include up to one hour (60 minutes) of remote technical support.

4.2.     Proactive Workstation

4.2.1.  Scope. Workstation devices.

4.2.2.  Managed Services. Performance, Availability & Predictive Failure Monitoring, Microsoft and 3rd Party Patch Monitoring & Management, Scheduled System Maintenance, Virus Definition Monitoring & Management.

4.2.3.  Technical Support. Each workstation shall include up to one hour (60 minutes) of remote technical support.

4.3.     Proactive Security

4.3.1.  Scope. Server and Workstation devices.

4.3.2.  Managed Service. Proactive and comprehensive endpoint security, monitoring and management suite for Servers and Workstations.

4.3.3.  Technical Support. Installation and configuration is included for each node (Server or Workstation). Virus and Malware removal will be billed at prevailing Time & Material rates. See Service Rates, Response Times, and Minimums for details regarding Virus and Malware removal rates.

4.3.4.  Software License. Each node receives and uses one Proactive Security software license.

4.4.     Proactive Backup

4.4.1.  Scope. Server and Workstation devices.

4.4.2.  Managed Service. Backup Monitoring & Management.

4.4.3.  Technical Support. Active monitoring and management of covered backup solutions. Configuration and deployment will be billed at prevailing Time & Material rates. See Service Rates, Response Times, and Minimums for details regarding support rates.

4.4.4.  Rate. Interactive I.T. Proactive Backup (price TBD after IT walkthrough has been completed.)

4.5.     Proactive Network

4.5.1.  Scope. Network Equipment devices.

4.5.2.  Managed Service. Availability and performance monitoring.

4.5.3.  Technical Support. Includes administrative and configuration management. Deployment and new feature configuration (i.e., VPN, hardware upgrade) will be billed at prevailing Time & Material rates. See Service Rates, Response Times, and Minimums for details regarding support rates.

5.       Exclusions & Assumptions

5.1.     Project/Integration Work. Project/Integration work is defined as any service designed to add or increase functionality or capacity; in other words, any work that is not designed to support existing systems or persons. Projects outside the scope of this agreement and as such will be quoted and invoiced separately. Project/Integration work will be identified to the CUSTOMER as such before any work is performed.

5.2.     Line of Business Applications. Line of business applications such as accounting packages, CRM software, ERP software, etc. that are not specifically mentioned herein fall outside the normal purview of this Agreement. Reasonable attempts will be made to correct connectivity issues to such applications; however problems specific to the application or network problems caused by the application are excluded and will be billed at Time & Material rates.

5.3.     Hardware Support and Repair. Support for any hardware not under vendor onsite warranty or onsite maintenance contract will be billed at Time & Material rates.

5.4.     Hardware Replacement. Hardware replacement strategy is handled on a case-by-case basis and as such, the cost associated with hardware replacement falls outside this agreement. Hardware replacement can take the form of warranty, extended warranty, manufacturer’s support contract, on-site spare or purchase as needed.

5.5.     Non-Covered / Personal Equipment. Service and support for non-covered or personal equipment not listed in Covered Equipment will be billed at prevailing T&M rates.

 

 

Net1BACKUP: Cloud Disaster Recovery

 

1.       Secure off-site cloud data disaster recovery solution

1.1.     N1S shall resell third party software and services, re-branded as “Net1BACKUP”, to be used in conjunction with backing up CUSTOMER’s data to (1) secure data centers over the internet and (2) to an optional singular designated on-premises storage device.

1.2.     CUSTOMER will not use Net1BACKUP for information, data or material that (a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation (including but not limited to the laws and regulations governing, unfair competition, anti-discrimination or false advertising); (c) is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (d) is obscene, pornographic or indecent in violation of applicable law; (e) contains any virus or other programming routine intended to damage any system or data; or (f) is provided in breach of any prior contractual commitment to any third party.

2.       Warranty

2.1.     Under no circumstances will N1S be liable for data that was never sent to the off-site backup data centers by NET1BACKUP.

2.2.     TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL N1S BE LIABLE TO CUSTOMER OR ANY THIRD-PARTY FOR ANY COST TO PROCURE SUBSTITUTE SERVICES OR DATA, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA, LOSS OF USER DATA OR BUSINESS INTERRUPTION, ARISING OUT OF CUSTOMER’S USE OR INABILITY TO USE NET1BACKUP, EVEN IF N1S HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE). IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF N1S FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL BE LIMITED TO THE SUBSCRIPTION FEES PAID BY CUSTOMER TO N1S IN THE 3 CALENDAR MONTHS IMMEDIATELY PRIOR TO THE DAMAGES ARISING.

2.3.     IF NET1BACKUP IS PROVIDED TO CUSTOMER WITHOUT CHARGE, THEN N1S SHALL HAVE NO LIABILITY TO CUSTOMER WHATSOEVER.

2.4.     THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES. CUSTOMER EXPRESSLY RECOGNIZES AND ACKNOWLEDGES THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THESE TERMS AND N1S’ AGREEMENT TO PROVIDE CUSTOMER NET1BACKUP, AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF NET1BACKUP.

3.       Term

3.1.     The initial term for Net1BACKUP is one calendar month from the Effective Date of the signed agreement. This Agreement shall automatically renew for successive one month terms for the life of the CUSTOMER relationship. CUSTOMER may choose not to renew services for successive terms with a thirty (30) day written notice to N1S.

3.2.     The license provided by this Agreement expires 30 days from when N1S receives actual notice from CUSTOMER requesting the cancelation of Net1BACKUP.

3.3.     Following termination of CUSTOMER’s license for whatever reason:

3.4.     N1S will remove and destroy all of CUSTOMER’s data backed up during the use of the service 30 days after the termination of this agreement.

3.5.     Any local copy of CUSTOMER’s backup data stored on a physical device in CUSTOMER’s possession will no longer be restorable using Net1BACKUP software.

3.6.     CUSTOMER understands and accepts that N1S cannot infer the cancellation of CUSTOMER’s account simply as a result of backups not occurring and that, until written notification of CUSTOMER’s wish to cancel the account is received, the account remains active and billable.