AGREEMENT TERMS

  1. SERVICE FEES AND PAYMENT AGREEMENT
    1. Initial Setup Fee. THINK UNIFIED will perform the INSTALLATION as detailed herein or in any attached Agreements. CLIENT agrees to pay any installation fees defined herein.
    2. Monthly Fee. THINK UNIFIED will provide the services to the CLIENT as detailed herein or in any Agreements attached to this Agreement. The monthly service fee will be invoiced on or about the 15th day of each month prior to the month in which services are provided. For services based on a per-unit charge, CLIENT agrees to pay any differences in fees arising from an increase in the units billed, whether they be devices, storage, bandwidth, or any other defined unit.
    3. Late Payment. Late Payment is defined: (a) for credit card payments, payments not received (including, for instance, if payment is refused by the credit card issuer or credit card is expired and no new expiration date is provided) within 3 calendar days of the due date; and (b) for invoiced payments, payments not received within standard terms following our sending it via e-mail to your billing liaison. There is a late payment penalty of 5% of the amount past due. In addition, all past due amounts, including the late charge, shall bear interest at the lower of two percent per month or the applicable maximum legal rate. If there is any late payment(s) on your account, THINK UNIFIED, at its sole discretion and without waiving other rights it may have, may suspend, interrupt, or disconnect the Services on your account, without notice to you.
    4. Hourly Rate. The hourly rates are defined for all system engineers and are billable for services outside the scope specifically defined in this Agreement or any attached Agreement(s). Current hourly rates and billable minimums are listed under “Current Standard Hourly Rates” below.  Client agrees to verify current rates and minimum charges online prior to requesting any billable service. The hourly rate is for time worked and is not tied to a resolution.
    5. Billing Zone. On-site services are billed “portal-to-portal”. The hourly charges for on-site service begins when a billable staff member leaves the THINK UNIFIED headquarters and ends when that member finishes on-site.
  1. After-Hours. All rates in this Agreement are based upon services provided during normal business hours defined as Monday through Friday, 8:30 AM to 5:00 PM EST. Business hours may be modified at any time and is listed under “Service Level Agreement” below.
    1. Travel Expenses. THINK UNIFIED will invoice for any additional travel expenses to include parking and tolls.
    2. Additional Charges. There shall be added to the charges due an amount equal to all taxes based upon all services, equipment, hardware, software, freight and other applicable charges. This includes all state and local sales and use taxes based on gross revenue, and any taxes or amount in lieu thereof paid or payable by THINK UNIFIED in respect to the foregoing.
    3. Billing. THINK UNIFIED will invoice CLIENT for all additional approved services, charges, hardware, software, and taxes. All fees for the services provided in this Agreement are invoiced in advance and pre-paid.
    4. Terms. All invoices and payments are due NET15 unless other terms are approved by THINK UNIFIED.
  1. SUPPORT SERVICES
    1. Services. THINK UNIFIED shall provide CLIENT with the “Services” as described in this Agreement and as described in any Agreements attached hereto (the “Agreements”). All such Services shall be subject to the terms and conditions of this Agreement and any terms or conditions printed on the Agreements. The term “Services” shall refer to the services to be provided under the Agreement only.  We may amend the terms and conditions, including the Services we offer, at any time at our sole discretion. You agree to regularly review this website for updates to this Agreement, including updates to any Agreement in it.
    2. Initial Agreements.  Agreement may be deemed attached hereto only when both parties have executed and agreed upon the Agreement in writing.
    3. Remote Access. THINK UNIFIED will attempt to resolve issues over the phone or via remote access. If an issue is unable to be resolved in the manner, THINK UNIFIED will Agreement an engineer for an on-site visit. THINK UNIFIED reserves the right to dispatch an engineer for any phone support exceeding 30 minutes or at the sole discretion of THINK UNIFIED should common practice dictate it would be more efficient to address the issue onsite.
  2. TERM AND TERMINATION
    1. TERM. The initial term for Services provided will be dictated within each Agreement. This Agreement shall automatically renew for successive one year terms for the life of the CLIENT relationship. CLIENT may choose not to renew services for successive terms with a sixty (60) day written notice to THINK UNIFIED.
    2. THINK UNIFIED will provide services in a competent manner, comparable to industry standards. If THINK UNIFIED does not provide services in such manner and cannot rectify the problem(s), within sixty (60) days from CLIENT written notice in which CLIENT identifies the problem(s), CLIENT will have the right to terminate the respective Agreement only.
    3. THINK UNIFIED, at its sole discretion, may terminate this Agreement if CLIENT: (a) becomes the subject of any proceedings under the Bankruptcy Act or other insolvency law, voluntary or involuntary, if such proceeding is not dismissed within ninety (90) days; (b) suffers a receiver to be appointed for its affairs or property; or (c) enters into an assignment, or other an arrangement, for the benefit of its creditors, or suffers an attachment against or a seizure of a substantial part of its assets, equipment or its parts and inventories. However, CLIENT’s responsibility for past due amounts shall survive each bankruptcy proceeding provided the acknowledgment of such liability by CLIENT will not affect the discharge of CLIENT regarding other general creditors.
    4. In the case of default by either party under this Agreement, the defaulting party will reimburse the non-defaulting party for all costs and expenses arising from the default, including reasonable attorney fees if the non-defaulting party engages in legal counsel to preserve or enforce such rights under this Agreement, including the collection of any payments due.
    5. Termination of this Agreement will not adversely affect any right existing as of the effective date of termination. The rights and remedies provided under this Agreement are cumulative and in addition to any other rights or remedies available at law and in equity, and any other contract instrument or paper.
  3. OWNERSHIP OF DATA. Backup data being stored both on provided equipment and at the Data Center remains the sole property of the CLIENT. If CLIENT chooses to terminate services, THINK UNIFIED will assist CLIENT in the orderly termination of services. This could involve copying the backup image to an external drive. CLIENT agrees to pay THINK UNIFIED the actual costs of rendering such assistance to include hardware if necessary.
  4. LOANED EQUIPMENT. CLIENT agrees that certain items, including by not limited to the Backup and Disaster Recovery (BDR) appliance utilized by THINK UNIFIED in the execution of the backup service, Infrastructure Management Appliance and the Firewall used in the managed firewall service shall remain the property of THINK UNIFIED, and must be returned if requested. CLIENT further agrees to cease the use of any technology that remains the property of THINK UNIFIED upon termination of this Agreement. If any equipment at the CLIENT site owned by THINK UNIFIED is stolen, damaged or destroyed, CLIENT must pay the equivalent of the current retail replacement value of the device within 15 days of said event.
  5. EQUIPMENT AND FACILITIES. CLIENT agrees that THINK UNIFIED may utilize certain items of CLIENT’s equipment and may gain access to certain CLIENT facilities. CLIENT retains title and ownership in all of CLIENT’s equipment owned by CLIENT and utilized by THINK UNIFIED, and must grant authority for THINK UNIFIED to access CLIENT’s facility. Facility access may be denied for any reason at any time, however if access to facilities is denied, CLIENT understands that THINK UNIFIED may be unable to perform their duties adequately and if such a situation should exist, THINK UNIFIED will be held harmless.
  6. INSURANCE COVERAGE. THINK UNIFIED shall maintain at its sole expense commercial general liability insurance for personal injury and property damage for a general aggregate of $1,000,000; worker’s compensation insurance as required by law; and hired and non-owned automobile liability insurance for the combined single limit of $1,000,000. At CLIENT’s request, THINK UNIFIED further agrees to furnish CLIENT with certificates, including renewal certificates, evidencing such coverage within thirty (30) days of commencing performance under this Agreement, at every renewal and at other times as may be reasonably requested by CLIENT.
  7. INDEMNITY. Each party hereby agrees to indemnify and hold the other party harmless from and against all third-party claims, demands, actions, losses, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or resulting from the performance, or lack of performance, of each party’s activities under this Agreement except to the extent caused by either party’s negligence or willful misconduct. THINK UNIFIED shall defend and indemnify CLIENT against all claims, damages, etc. arising from THINK UNIFIED employees’ and agents’ activities at CLIENT facilities.
  8. FORCE MAJEURE. THINK UNIFIED shall not be liable for failure to perform any of its obligations under this Agreement during any period in which such performance is delayed by accidents beyond THINK UNIFIED’ reasonable control, such as, but not limited to fire, flood, or other natural disasters, terrorist acts, embargo, court order, riot, or other intervention of any government authority, if THINK UNIFIED immediately notifies CLIENT of such delay. If THINK UNIFIED’ performance is delayed for these reasons for a cumulative period of forty-five (45) days or more from the date of such notice, CLIENT may terminate this Agreement by giving THINK UNIFIED written notice.
  9. NOTICES. All notices herein provided for or which may be given about this Agreement shall be sent via regular mail, postage prepaid, or by facsimile. If any such notice shall be given by CLIENT to THINK UNIFIED, it shall be addressed to:

THINK UNIFIED
Attn: Contract Administrator
3001 Keller Springs Rd., Ste. 100
Carrollton, TX 75006

  1. REPRESENTATION AND WARRANTIES. We represent and warranty that we (a) have the right, power and authority to enter this Agreement and to fully perform all our obligations hereunder; and (b) will use commercially reasonable efforts to provide all services required of us under the Agreement in accordance with prevailing industry standards. You represent and warranty that you (a) have the right, power, and authority to enter this Agreement and to fully perform all your obligations hereunder.
  2. DISCLAIMER OF WARRANTIES: LIMITATION OF DAMAGES
    1. THE EXPRESS, BUT LIMITED WARRANTY IN SECTION 11 ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING OUR SERVICES AND WE AND OUR AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL WARRANTIES (IMPLIED OR EXPRESS) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT REGARDLESS OF WHETHER THE ACTION AROSE INSIDE OR OUTSIDE THE UNITED STATES. THERE IS NO WARRANTY AGAINST INACCURACY. THERE IS NO WARRANTY OF SYSTEMS INTEGRATION. THERE IS NO WARRANTY THAT OUR OBLIGATIONS UNDER THIS AGREEMENT WILL FULFILL ANY OF YOUR OR ANY AUTHORIZED USER’S PARTICULAR PURPOSES OR NEEDS.
    2. WE PROVIDE THE SERVICES “AS IS”. YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT THE SOLE RISK OF YOU AND EACH AUTHORIZED USER. YOU ACKNOWLEDGE THAT THE USE OF THE SERVICES BY YOU AND EACH AUTHORIZED USER ARE AT YOUR OWN RISK AND THAT THERE IS NO WARRANTY OF INTERRUPTED OR ERROR-FREE SERVICE OR ACCURACY OR RELIABILITY.
    3. WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST DATA OR CONFIDENTIAL INFORMATION, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, COSTS OR PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION ARISING FROM ORRELATING TO THIS AGREEMENT OR ARISING FROM OR RELATING TO THE USE OF THE SOFTWARE WHICH HAS BEEN MODIFIED BY ANYONE OTHER THAN US, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVICES OR FROM MISTAKES, OBMISSIONS, INTERRUPTIONS, DELETION OF FILES OR DIRECTORIES, LOSS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INDLUDING NEGLIGENCE OR OTHER TORTS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    4. YOU ACKNOWLEDGE AND AGREE YOU HAVE RELIED ON NO WARRANTIES EXCEPT OUR LIMITED EXPRESS WARRANTY IN SECTION 11.
    5. You agree that the total liability of Think Unified and it’s Affiliates and the sole remedy of CLIENT and any End User’s for any claims regarding our services is limited to your right to terminate this Agreement. Further, should a court nonetheless find that a remedy is not exclusive or that we are for any reason nonetheless liable for money damages, our cumulative liability in connection with this Agreement and our Services, whether in contract, tort or otherwise, shall not exceed the amount paid to us under this Agreement during the three months preceding the events giving rise to such liability. The existence of more than one claim shall not enlarge that limitation of liability.
    6. We are not obligated to exercise any control over the content of the information passing through our network except those controls expressly provided in this Agreement.
    7. Except as expressly provided in the Agreement, you acknowledge that (a) we are in no manner responsible for any action or inaction of any third party, including, but not limited to, hardware or software vendors or Internet service providers; (b) we have not represented that the Services shall be uninterrupted, error-free, or without delay; and (c) we do not and cannot control the flow of data through the Internet, and such flow depends in large part on the performance of third parties whose actions or inaction can, at times, produce situations in which connections to the Internet (or portions thereof) may be impaired or disrupted. ACCORDINGLY, YOU ACKNOWLEDGE THAT WE DISCLAIM ALL LIABILITY RELATED TO EVENTS OUTSIDE OF OUR CONTROL AND/OR IN THE CONTROL OF THIRD PARTIES, AND YOU SHALL HAVE NO RIGHT TO RELY UPON ANY REPRESENTATION OR WARRANTY OF ANY THIRD PARTY IN RESPECT TO THE SERVICES. Further, you acknowledge that, in providing the Services, we shall necessarily rely upon information, instructions, and services from you, your Administrator, employees, and agents, and any other third parties providing computer and communications hardware, software, and Internet services. Except as expressly provided in the Agreement, you fully assume the risk associated with errors in such information, instructions, and services.
  3. GENERAL
    1. This Agreement shall be governed by the laws of the state of Texas and constitutes the entire Agreement between THINK UNIFIED and CLIENT with respect to furnishing of services hereunder. No provision of the Agreement shall be deemed waived, amended or modified by either party, unless such waiver, amendment or modification is in writing signed by the party against whom it is sought to enforce the waiver, amendment or modification.
    2. The foregoing terms and conditions shall prevail notwithstanding any variance with the terms and conditions of any order submitted by the CLIENT for service hereunder.
  4. CONFIDENTIALITY AND SOLICITATION OF EMPLOYEES
    1. CONFIDENTIALITY. THINK UNIFIED recognizes that while performing Services, it may have access to confidential and proprietary information, and trade secrets concerning CLIENT’s business and operations, including, without limitation, financial and tax information, business plans and development strategy, and marketing methodology, (collectively referred to as “Confidential Information”). THINK UNIFIED recognizes that disclosure of the Confidential Information to competitors; non-authorized third parties or the public would be detrimental to the CLIENT. Accordingly, THINK UNIFIED covenants and agrees with CLIENT that it will keep secret and treat confidentially the Confidential Information, and will not disclose any of the Confidential Information to any person or entity nor shall he use the Confidential Information for any purpose other than purposes which serve CLIENT.
    2. SOLICITATION OF EMPLOYEES. CLIENT acknowledges that THINK UNIFIED is involved in a highly strategic and competitive business. CLIENT further acknowledges that CLIENT would gain substantial benefit and that THINK UNIFIED would be deprived of such benefit, if CLIENT were to directly hire any personnel employed by THINK UNIFIED. Except as otherwise provided by law, CLIENT shall not, without the prior written consent of THINK UNIFIED, solicit the employment of THINK UNIFIED personnel or induce any THINK UNIFIED personnel to leave to go to another firm during the term of this Agreement and for a period of two (2) years following the termination or expiration of this Agreement. CLIENT agrees that THINK UNIFIED damages resulting from breach by CLIENT of this provision would be impracticable and that it would be extremely difficult to ascertain the actual amount of damages. Therefore, in the event CLIENT violates this provision, CLIENT shall immediately pay THINK UNIFIED an amount equal to US $50,000 as liquidated damages and THINK UNIFIED shall have the option to terminate this Agreement without further notice or liability to CLIENT. The amount of the liquidated damages reflected herein is not intended as a penalty and is reasonably calculated based upon the projected costs THINK UNIFIED would incur to identify, recruit, hire and train suitable replacements for such personnel.
  5. CLIENT RESPONSIBILITIES
    1. CLIENT must provide THINK UNIFIED with all appropriate usernames and passwords required to access network resources (i.e. Administrator usernames and passwords, router telnet passwords) and maintain all necessary media, license keys, and vendor contact numbers and provide access to that information when needed.
    2. IT IS THE RESPONSIBILITY OF THE CLIENT TO ENSURE THAT PRESCRIBED BACKUP OPERATIONS PERFORMED BY THE CLIENT ARE ADEQUATE. THINK UNIFIED WILL NOT BE RESPONSIBLE FOR CLIENT’S FAILURE TO DO SO, NOR FOR THE COST OF RECONSTRUCTING DATA STORED ON DISK FILES, TAPES, MEMORIES, ETC., LOST DURING THE PERFORMANCE OF SERVICE PERFORMED HEREUNDER.
    3. CLIENT must maintain third-party support and/or maintenance Agreements for line-of-business software and/or hardware. All third-party support and/or maintenance Agreements shall be provided at CLIENT’s expense. CLIENT acknowledges that MSP cannot and will not be capable of supporting line-of-business software and/or hardware without active support and/or maintenance Agreements with the software and/or hardware manufacturer(s).
    4. CLIENT must maintain current software licenses and hardware as needed by line-of-business software(s), operating systems, or security requirements. For example, Microsoft’s Windows XP operating system is no longer supported by Microsoft; thus, the operating system must be replaced on the old PC or a new PC with a current operating system needs to be purchased.

 

CURRENT STANDARD RATES

Position Hourly Rate After-Hours Extended Hours
Helpdesk $150 1.5x 2x
Field Engineer $150 1.5x 2x
Systems Engineer $175 1.5x 2x
Project Manager $175 1.5x 2x
CTO/Enterprise $225 1.5x 2x

Standard Business Hours: 8:30am-5:00pm M-F
After-Hours: 5:01pm-12:00am M-F
Extended Hours: All Other Times

Minimum Service Charges:
All Remote services: 15 minutes
All Onsite services: 1 hour during business hours. 2 hours all other times.
Billing Increment: 15 minutes

Position Descriptions (summary):

Helpdesk: Provides all remote helpdesk support for end users.
Field Engineer: Provides desktop-based support and hardware repair/replacement.
Systems Engineer: Provides server-based and complex problem resolution.
Project Manager: Manages and coordinates all Project services.
CTO/Enterprise: Senior Engineer. Provides strategic and business based solutions as well as designs more complex projects.

 

 

SERVICE LEVEL AGREEMENT

Scope
Technology support services are provided through the THINK UNIFIED Service Desk. This support team is committed to delivering high quality CLIENT service and support to all THINK UNIFIED partners and clients. This service level Agreement is subject to modifications in response to changes in technology services and support needs.

 

Hours of Operation

For non-Emergency issues, the Service Desk will be available during the following hours:

Monday to Friday – 8:30 am – 5:00 pm Central Time (US / Dallas Time Zone)

Most server Agreements service and maintenance will be done after-hours and will not be subject to any additional charges or fees.

Emergency service is available 24x7x365

 

Requesting Assistance/Service

Service Desk services can be accessed in the following ways:

  • Phone: Call the Service Desk Directly at 972-UNIFIED (972-864-3433) Option 1 or 1-THINKUNIFIED (1-844-658-6434) Option 1
  • Phone: For Computer Emergencies Only – Call 972-864-3433 or 1-844-658-6434 and choose Option 9
  • Email: Send an email to support@thinkunified.com
  • Web: Log into our CLIENT service portal at portal.thinkunified.com

 

 

 

 

 

 

 

 

 

 

 

Setting Priority Levels for Request

The Service Desk will make every effort to resolve the issue at the time of the service call or at the time we receive automated notice of a problem. The Service Desk will immediately assign a priority to each request based on the definitions below. Requests will be handled per the priority assigned to them:

Issue Priority Response Time Resolution Time Escalation Threshold
Service not available
(All users and functions affected)
1 1 Hour ASAP – Best Effort 2 Hours
Significant degradation of service
(large number of users affected)
2 4 Hour ASAP – Best Effort 8 Hours
Limited degradation of service
(limited number of users affected,
business process can continue)
3 24 Hour ASAP – Best Effort 48 Hours
Small service degradation
(one user affected, business process can continue)
4 48 Hour ASAP – Best Effort 96 Hours

 

Third-Party Software

All third-party software and services will be supported with industry acceptable efforts, but please note we are often dependent on the response and resolution times from third parties, so those issues are not covered by our SLA. Third-party software support is also dependent upon CLIENT maintaining a current support and/or maintenance contract with the third-party software provider.

EXCLUSIONS AND QUALIFICATIONS

Server Recovery Guarantee (exclusive of CLIENTs subscribed to backup and disaster recovery services through THINK UNIFIED):

THINK UNIFIED guarantees in the event of a hardware failure, an OS security exploitation, or a server-side virus infection that CLIENT will not be billed for the labor required to restore its server to the point provided by the last good and available backup. Furthermore, CLIENT reserves the right to request that the Server Recovery Service be delivered during business hours, nights, and/or weekends. THINK UNIFIED will attempt to the best of its available resources to meet CLIENT’s scheduling requests.

Agreement Maintenance Windows:

THINK UNIFIED will regularly install patches and critical updates to CLIENT’s server to help ensure that it is guarded against the latest vulnerability threats. For many of these updates to be installed properly CLIENT’s server must be restarted. THINK UNIFIED will restart CLIENT’s servers, as necessary, between regular maintenance window of 5:30PM Saturday and 5:30AM Sunday. If the expected downtime is greater than 15 minutes, then THINK UNIFIED will contact CLIENT to inform of the outage. CLIENT reserves the right to request that THINK UNIFIED reschedule the outage to align with business needs, and THINK UNIFIED will use best efforts to comply with such reasonable requests.

Excluded Services:

The following services are fee-based unless explicitly provided for elsewhere in this Agreement

  • Cost of any required hardware, software, third party warranty, or third party maintenance plans
  • After-hours on-site services except for emergencies or disaster recovery (see note above on emergency support)
  • Services that would otherwise constitute project-based work
  • Adds, moves, and changes that exceed typical support services whether remote or onsite including entirely new software versions that are not simply updates.
  • Server migrations
  • Project management for new projects
  • Support for home-based computers except relating to problems originating at the client site
  • Any other services outside the scope of what is explicitly stated elsewhere in the Agreement

If the technology does not currently exist at the time of this Agreement, it is not covered and the implementation would be billable. However, once that new technology is implemented it is now “covered” under the scope of the Agreement.

Qualifications

  • All hardware is under current warranty coverage from a major provider (i.e. Dell, HP, Intel)
  • All software is a currently supported version and is covered by a current support and maintenance plan
  • Client network is protected by a hardware-based firewall and is running the latest firmware
  • Client heeds all THINK UNIFIED setup advice in terms of security and recommended settings and restrictions
  • Server is connected to a working UPS
  • Server is ONLY administered by THINK UNIFIED personnel or pre-qualified CLIENT Personnel
  • Recovery coverage assumes data integrity of client’s backup media. THINK UNIFIED does not guarantee the integrity of the backups or the data stored on the backup media. Under this coverage, THINK UNIFIED will restore the server to the point of the last successful backup.
  • Client provides all Software installation media and key codes in the event of a failure

Additional Service Exclusions:

Company reserves the right to bill for labor incurred for the following items in whole or in part:

  • Support for failed hardware that is not currently under manufacturer’s warranty
  • Third party software support for software not currently under a vendor support plan
  • CLIENT materially fails to adhere to all the requirements outlined in the above “Qualifications” section
  • Environmental failure events that render hardware unusable
  • Force majeure events beyond THINK UNIFIED’s reasonable control, including but not limited to acts of God, government regulation, labor strikes, natural disaster, and national emergency
  • Negligent or willful acts of any third party other than THINK UNIFIED
  • Lapses of service or warranties not associated with THINK UNIFIED supported products

 

AGREEMENT TERMS

  1. SERVICE FEES AND PAYMENT SCHEDULE
    1. Initial Setup Fee. THINK UNIFIED will perform the INSTALLATION as detailed herein or in any attached schedules. Customer agrees to pay any installation fees defined herein.
    2. Monthly Fee. THINK UNIFIED will provide the services to the CUSTOMER as detailed herein or in any schedules attached to this agreement. The monthly service fee will be invoiced on or about the 15th day of each month prior to the month in which services are provided. For services based on a per-unit charge, customer agrees to pay any differences in fees arising from an increase in the units billed, whether they be devices, storage, bandwidth, or any other defined unit.
    3. Late Payment. Late Payment is defined: (a) for credit card payments, payments not received (including, for instance, if payment is refused by the credit card issuer or credit card is expired and no new expiration date is provided) within 3 calendar days of the due date; and (b) for invoiced payments, payments not received within standard terms following our sending it via e-mail to your billing liaison. There is a late payment penalty of 5% of the amount past due. In addition, all past due amounts, including the late charge, shall bear interest at the lower of two percent per month or the applicable maximum legal rate. If there is any late payment(s) on your account, THINK UNIFIED, at its sole discretion and without waiving other rights it may have, may suspend, interrupt, or disconnect the Services on your account, without notice to you.
    4. Hourly Rate. The hourly rates are defined for all system engineers and are billable for services outside the scope specifically defined in this agreement or any attached schedule(s). Current hourly rates and billable minimums are published at https://www.thinkunified.com/terms-and-conditions/. Client agrees to verify current rates and minimum charges online prior to requesting any billable service. The hourly rate is for time worked and is not tied to a resolution.
    5. Billing Zone. On-site services are billed “portal-to-portal”. The hourly charges for on-site service begins when a billable staff member leaves the THINK UNIFIED headquarters and ends when that member finishes on-site.
    6. After-Hours. All rates in this Agreement are based upon services provided during normal business hours defined as Monday through Friday, 8:30 AM to 5:00 PM EST. Business hours may be modified at any time and will be published at thinkunified.com/termsandconditions.html.
    7. Travel Expenses. THINK UNIFIED will invoice for any additional travel expenses to include parking and tolls.
    8. Additional Charges. There shall be added to the charges due an amount equal to all taxes based upon all services, equipment, hardware, software, freight and other applicable charges. This includes all state and local sales and use taxes based on gross revenue, and any taxes or amount in lieu thereof paid or payable by THINK UNIFIED in respect to the foregoing.
    9. Billing. THINK UNIFIED will invoice CUSTOMER for all additional approved services, charges, hardware, software, and taxes on demand according to customer terms. All fees for the services provided in this agreement are invoiced in advance and pre-paid.
    10. Terms. All invoices and payments are due NET15 unless other terms are approved by THINK UNIFIED.
  2. SUPPORT SERVICES
    1. Services. THINK UNIFIED shall provide Customer with the “Services” as described in this Agreement and as described in any schedules attached hereto (the “Schedules”). All such Services shall be subject to the terms and conditions of this Agreement and any terms or conditions printed on the Schedules. The term “Services”, when used within a Schedule attached hereto, shall refer to the services to be provided under that Schedule only. A current copy of THINK UNIFIED’s terms and policies can be found at www.thinkunified.com/termsandconditions.html. We may amend the terms and conditions, including the Services we offer, at any time at our sole discretion. You agree to regularly review this website for updates to this Agreement, including updates to any Schedule in it.
    2. Initial Schedules. A Schedule may be deemed attached hereto only when both parties have executed and agreed upon the Schedule in writing.
    3. Remote Access. THINK UNIFIED will attempt to resolve issues over the phone or via remote access. If an issue is unable to be resolved in the manner, THINK UNIFIED will schedule an engineer for an on-site visit. THINK UNIFIED reserves the right to dispatch an engineer for any phone support exceeding 30 minutes or at the sole discretion of THINK UNIFIED should common practice dictate it would be more efficient to address the issue onsite.
  3. TERM AND TERMINATION
    1. TERM. The initial term for Services provided will be dictated within each Schedule. This Agreement shall automatically renew for successive one year terms for the life of the Customer relationship. Customer may choose not to renew services for successive terms with a sixty (60) day written notice to THINK UNIFIED.
    2. THINK UNIFIED will provide services in a competent manner, comparable to industry standards. If THINK UNIFIED does not provide services in such manner and cannot rectify the problem(s), within sixty (60) days from CUSTOMER written notice in which CUSTOMER identifies the problem(s), CUSTOMER will have the right to terminate the respective Schedule only.
    3. THINK UNIFIED, at its sole discretion, may terminate this Agreement if CUSTOMER: (a) becomes the subject of any proceedings under the Bankruptcy Act or other insolvency law, voluntary or involuntary, if such proceeding is not dismissed within ninety (90) days; (b) suffers a receiver to be appointed for its affairs or property; or (c) enters into an assignment, or other an arrangement, for the benefit of its creditors, or suffers an attachment against or a seizure of a substantial part of its assets, equipment or its parts and inventories. However, CUSTOMER’s responsibility for past due amounts shall survive each bankruptcy proceeding provided the acknowledgment of such liability by CUSTOMER will not affect the discharge of CUSTOMER regarding other general creditors.
    4. In the case of default by either party under this Agreement, the defaulting party will reimburse the non-defaulting party for all costs and expenses arising from the default, including reasonable attorney fees if the non-defaulting party engages in legal counsel to preserve or enforce such rights under this Agreement, including the collection of any payments due.
    5. Termination of this Agreement will not adversely affect any right existing as of the effective date of termination. The rights and remedies provided under this Agreement are cumulative and in addition to any other rights or remedies available at law and in equity, and any other contract instrument or paper.
  4. OWNERSHIP OF DATA. Backup data being stored both on provided equipment and at the Data Center remains the sole property of the CUSTOMER. If CUSTOMER chooses to terminate services, THINK UNIFIED will assist CUSTOMER in the orderly termination of services. This could involve copying the backup image to an external drive. CUSTOMER agrees to pay THINK UNIFIED the actual costs of rendering such assistance to include hardware if necessary.
  5. LOANED EQUIPMENT. CUSTOMER agrees that certain items, including by not limited to the NAS unit utilized by THINK UNIFIED in the execution of the backup service and the firewall used in the managed firewall service shall remain the property of THINK UNIFIED, and must be returned if requested. CUSTOMER further agrees to cease the use of any technology that remains the property of THINK UNIFIED upon termination of this agreement. If any equipment at the Customer site owned by THINK UNIFIED is stolen, damaged or destroyed, CUSTOMER must pay the equivalent of the current retail replacement value of the device within 15 days of said event.
  6. EQUIPMENT AND FACILITIES. CUSTOMER agrees that THINK UNIFIED may utilize certain items of CUSTOMER’s equipment and may gain access to certain CUSTOMER facilities. CUSTOMER retains title and ownership in all of CUSTOMER’s equipment owned by CUSTOMER and utilized by THINK UNIFIED, and must grant authority for THINK UNIFIED to access CUSTOMER’s facility. Facility access may be denied for any reason at any time, however if access to facilities is denied, CUSTOMER understands that THINK UNIFIED may be unable to perform their duties adequately and if such a situation should exist, THINK UNIFIED will be held harmless.
  7. INSURANCE COVERAGE. THINK UNIFIED shall maintain at its sole expense commercial general liability insurance for personal injury and property damage for a general aggregate of $1,000,000; worker’s compensation insurance as required by law; and hired and non-owned automobile liability insurance for the combined single limit of $1,000,000. At CUSTOMER’s request, THINK UNIFIED further agrees to furnish CUSTOMER with certificates, including renewal certificates, evidencing such coverage within thirty (30) days of commencing performance under this Agreement, at every renewal and at other times as may be reasonably requested by CUSTOMER.
  8. INDEMNITY. Each party hereby agrees to indemnify and hold the other party harmless from and against any and all third party claims, demands, actions, losses, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or resulting from the performance, or lack of performance, of each party’s activities under this Agreement except to the extent caused by either party’s negligence or willful misconduct. THINK UNIFIED shall defend and indemnify CUSTOMER against all claims, damages, etc. arising from THINK UNIFIED employees’ and agents’ activities at CUSTOMER facilities.
  9. FORCE MAJEURE. THINK UNIFIED shall not be liable for failure to perform any of its obligations under this Agreement during any period in which such performance is delayed by accidents beyond THINK UNIFIED’ reasonable control, such as, but not limited to fire, flood, or other natural disasters, or, embargo, court order, riot, or other intervention of any government authority, provided that THINK UNIFIED immediately notifies CUSTOMER of such delay. If THINK UNIFIED’ performance is delayed for these reasons for a cumulative period of forty-five (45) days or more from the date of such notice, CUSTOMER may terminate this Agreement by giving THINK UNIFIED written notice.
  10. NOTICES. All notices herein provided for or which may be given in connection with this Agreement shall be sent via regular mail, postage prepaid, or by facsimile. If any such notice shall be given by CUSTOMER to THINK UNIFIED, it shall be addressed to:THINK UNIFIED
    Attn: Contract Administrator
    3001 Keller Springs Rd Ste 100
    Carrollton, TX 75006
  11. REPRESENTATION AND WARRANTIES. We represent and warranty that we (a) have the right, power and authority to enter into this Agreement and to fully perform all of our obligations hereunder; and (b) will use commercially reasonable efforts to provide all services required of us under the Agreement in accordance with prevailing industry standards. You represent and warranty that you (a) have the right, power, and authority to enter into this Agreement and to fully perform all of your obligations hereunder.
  12. DISCLAIMER OF WARRANTIES: LIMITATION OF DAMAGES
    1. THE EXPRESS, BUT LIMITED WARRANTY IN SECTION 11 ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING OUR SERVICES AND WE AND OUR AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL WARRANTIES (IMPLIED OR EXPRESS) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT REGARDLESS OF WHETHER THE ACTION AROSE INSIDE OR OUTSIDE THE UNITED STATES. THERE IS NO WARRANTY AGAINST INACCURACY. THERE IS NO WARRANTY OF SYSTEMS INTEGRATION. THERE IS NO WARRANTY THAT OUR OBLIGATIONS UNDER THIS AGREEMENT WILL FULFILL ANY OF YOUR OR ANY AUTHORIZED USER’S PARTICULAR PURPOSES OR NEEDS.
    2. WE PROVIDE THE SERVICES “AS IS”. YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT THE SOLE RISK OF YOU AND EACH AUTHORIZED USER. YOU ACKNOWLEDGE THAT THE USE OF THE SERVICES BY YOU AND EACH AUTHORIZED USER ARE AT YOUR OWN RISK AND THAT THERE IS NO WARRANTY OF INTERRUPTED OR ERROR-FREE SERVICE OR ACCURACY OR RELIABILITY.
    3. WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST DATA OR CONFIDENTIAL INFORMATION, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, COSTS OR PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION ARISING FROM ORRELATING TO THIS AGREEMENT OR ARISING FROM OR RELATING TO THE USE OF THE SOFTWARE WHICH HAS BEEN MODIFIED BY ANYONE OTHER THAN US, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVICES OR FROM MISTAKES, OBMISSIONS, INTERRUPTIONS, DELETION OF FILES OR DIRECTORIES, LOSS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INDLUDING NEGLIGENCE OR OTHER TORTS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    4. YOU ACKNOWLEDGE AND AGREE YOU HAVE RELIED ON NO WARRANTIES EXCEPT OUR LIMITED EXPRESS WARRANTY IN SECTION 11.
    5. You agree that the total liability of us and our Affiliates and the sole remedy of you and any End User for any claims regarding our services is limited to your right to terminate this Agreement. Further, should a court nonetheless find that a remedy is not exclusive or that we are for any reason nonetheless liable for money damages, our cumulative liability in connection with this Agreement and our Services, whether in contract, tort or otherwise, shall not exceed the amount paid to us under this Agreement during the three months preceding the events giving rise to such liability. The existence of more than one claim shall not enlarge that limitation of liability.
    6. We are not obligated to exercise any control over the content of the information passing through our network except those controls expressly provided in this Agreement.
    7. Except as expressly provided in the Agreement, you acknowledge that (a) we are in no manner responsible for any action or inaction of any third party, including, but not limited to, hardware or software vendors or Internet service providers; (b) we have not represented that the Services shall be uninterrupted, error-free, or without delay; and (c) we do not and cannot control the flow of data through the Internet, and such flow depends in large part on the performance of third parties whose actions or inaction can, at times, produce situations in which connections to the Internet (or portions thereof) may be impaired or disrupted. ACCORDINGLY, YOU ACKNOWLEDGE THAT WE DISCLAIM ALL LIABILITY RELATED TO EVENTS OUTSIDE OF OUR CONTROL AND/OR IN THE CONTROL OF THIRD PARTIES, AND YOU SHALL HAVE NO RIGHT TO RELY UPON ANY REPRESENTATION OR WARRANTY OF ANY THIRD PARTY IN RESPECT TO THE SERVICES. Further, you acknowledge that, in providing the Services, we shall necessarily rely upon information, instructions, and services from you, your Administrator, employees, and agents, and any other third parties providing computer and communications hardware, software, and Internet services. Except as expressly provided in the Agreement, you fully assume the risk associated with errors in such information, instructions, and services.
  13. GENERAL
    1. This Agreement shall be governed by the laws of the state of Texas and constitutes the entire Agreement between THINK UNIFIED and CUSTOMER with respect to furnishing of services hereunder. No provision of the Agreement shall be deemed waived, amended or modified by either party, unless such waiver, amendment or modification is in writing signed by the party against whom it is sought to enforce the waiver, amendment or modification.
    2. The foregoing terms and conditions shall prevail notwithstanding any variance with the terms and conditions of any order submitted by the CUSTOMER for service hereunder.
  14. CONFIDENTIALITY AND SOLICITATION OF EMPLOYEES
    1. CONFIDENTIALITY. THINK UNIFIED recognizes that in the course of performing Services, it may have access to confidential and proprietary information, and trade secrets concerning CUSTOMER’s business and operations, including, without limitation, financial and tax information, business plans and development strategy, and marketing methodology, (collectively referred to as “Confidential Information”). THINK UNIFIED recognizes that disclosure of the Confidential Information to competitors; non-authorized third parties or the general public would be detrimental to the Company. Accordingly, THINK UNIFIED covenants and agrees with CUSTOMER that it will keep secret and treat confidentially the Confidential Information, and will not disclose any of the Confidential Information to any person or entity nor shall he use the Confidential Information for any purpose other than purposes which serve CUSTOMER.
    2. SOLICITATION OF EMPLOYEES. CUSTOMER acknowledges that THINK UNIFIED is involved in a highly strategic and competitive business. CUSTOMER further acknowledges that CUSTOMER would gain substantial benefit and that THINK UNIFIED would be deprived of such benefit, if CUSTOMER were to directly hire any personnel employed by THINK UNIFIED. Except as otherwise provided by law, CUSTOMER shall not, without the prior written consent of THINK UNIFIED, solicit the employment of THINK UNIFIED personnel or induce any THINK UNIFIED personnel to leave to go to another firm during the term of this Agreement and for a period of two (2) years following the termination or expiration of this Agreement. CUSTOMER agrees that THINK UNIFIED damages resulting from breach by CUSTOMER of this provision would be impracticable and that it would be extremely difficult to ascertain the actual amount of damages. Therefore, in the event CUSTOMER violates this provision, CUSTOMER shall immediately pay THINK UNIFIED an amount equal to US $50,000 as liquidated damages and THINK UNIFIED shall have the option to terminate this Agreement without further notice or liability to CUSTOMER. The amount of the liquidated damages reflected herein is not intended as a penalty and is reasonably calculated based upon the projected costs THINK UNIFIED would incur to identify, recruit, hire and train suitable replacements for such personnel.
  15. CUSTOMER RESPONSIBILITIES
    1. CUSTOMER must provide THINK UNIFIED with all appropriate usernames and passwords required to access network resources (i.e. Administrator usernames and passwords, router telnet passwords) and maintain all necessary media, license keys, and vendor contact numbers and provide access to that information when needed.
    2. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO ENSURE THAT PRESCRIBED BACKUP OPERATIONS PERFORMED BY THE CUSTOMER ARE ADEQUATE. THINK UNIFIED WILL NOT BE RESPONSIBLE FOR CUSTOMER’S FAILURE TO DO SO, NOR FOR THE COST OF RECONSTRUCTING DATA STORED ON DISK FILES, TAPES, MEMORIES, ETC., LOST DURING THE PERFORMANCE OF SERVICE PERFORMED HEREUNDER.
    3. CUSTOMER must maintain third-party support and/or maintenance agreements for line-of-business software and/or hardware. All third-party support and/or maintenance agreements shall be provided at CUSTOMER’s expense. CUSTOMER acknowledges that MSP cannot and will not be capable of supporting line-of-business software and/or hardware without active support and/or maintenance agreements with the software and/or hardware manufacturer(s).
    4. CUSTOMER must maintain current software licenses and hardware as needed by line-of-business software(s), operating systems, or security requirements. For example, Microsoft’s Windows XP operating system is no longer supported by Microsoft; as a result the operating system must be replaced on the old PC or a new PC with the a current operating system needs to be purchased.

CURRENT STANDARD RATES

Position Hourly Rate After-Hours Extended Hours
Helpdesk $150 1.5x 2x
Field Engineer $150 1.5x 2x
Systems Engineer $175 1.5x 2x
Project Manager $175 1.5x 2x
CTO/Enterprise $225 1.5x 2x

Standard Business Hours: 8:30am-5:00pm M-F
After-Hours: 5:01pm-12:00am M-F
Extended Hours: All Other Times

Minimum Service Charges:
All Remote services: 15 minutes
All Onsite services: 1 hour during business hours. 2 hours all other times.
Billing Increment: 15 minutes

Position Descriptions (summary):

Helpdesk: Provides all remote helpdesk support for end users.
Field Engineer: Provides desktop-based support and hardware repair/replacement.
Systems Engineer: Provides server-based and complex problem resolution.
Project Manager: Manages and coordinates all Project services.
CTO/Enterprise: Senior Engineer. Provides strategic and business based solutions as well as designs more complex projects.

SERVICE LEVEL AGREEMENT

Scope
Technology support services are provided through the THINK UNIFIED Service Desk. This support team is committed to delivering a high quality customer service and support to all THINK UNIFIED partners and clients. This service level agreement is subject to modifications in response to changes in technology services and support needs.

Hours of Operation

For non-Emergency issues, the Service Desk will be available during the following hours:

Monday to Friday – 8:30 am – 5:00 pm Central Time (US/Chicago Timezone)

Most server scheduled service and maintenance will be done after-hours and will not be subject to any additional charges or fees.

Emergency service is available 24x7x365

Requesting Assistance/Service

Service Desk services can be accessed in the following ways:

  • Phone: Call the Service Desk Directly at 972-UNIFIED (972-864-3433) Option 1 or 1-THINKUNIFIED (1-844-658-6434) Option 1
  • Phone: For Computer Emergencies Only – Call 972-864-3433 or 1-844-658-6434 and choose Option 9
  • Email: Send an email to support@thinkunified.com
  • Web: Log into our customer service portal at portal.thinkunified.com

Setting Priority Levels for Request

The Service Desk will make every effort to resolve the issue at the time of the service call or at the time we receive automated notice of a problem. The Service Desk will immediately assign a priority to each request based on the definitions below. Requests will be handled according to the priority assigned to them:

Issue Priority Response Time Resolution Time Escalation Threshold
Service not available
(All users and functions affected)
1 1 Hour ASAP – Best Effort 2 Hours
Significant degradation of service
(large number of users affected)
2 4 Hour ASAP – Best Effort 8 Hours
Limited degradation of service
(limited number of users affected,
business process can continue)
3 24 Hour ASAP – Best Effort 48 Hours
Small service degradation
(one user affected, business process can continue)
4 48 Hour ASAP – Best Effort 96 Hours

Third-Party Software

All third-party software and services will be supported with industry acceptable efforts, but please note we are often dependent on the response and resolution times from third parties, so those issues are not covered by our SLA. Third-party software support is also dependent upon CLIENT maintaining a current support and/or maintenance contract with the third-party software provider.

EXCLUSIONS AND QUALIFICATIONS

Server Recovery Guarantee (exclusive of customers subscribed to backup and disaster recovery services through THINK UNIFIED):

THINK UNIFIED guarantees in the event of a hardware failure, an OS security exploitation, or a server-side virus infection that Customer will not be billed for the labor required to restore its server to the point provided by the last good and available backup. Furthermore, Customer reserves the right to request that the Server Recovery Service be delivered during business hours, nights, and/or weekends. THINK UNIFIED will attempt to the best of its available resources to meet Customer’s scheduling requests.

Scheduled Maintenance Windows:

THINK UNIFIED will regularly install patches and critical updates to Customer’s server to help ensure that it is guarded against the latest vulnerability threats. For many of these updates to be installed properly Customer’s server must be restarted. THINK UNIFIED will restart Customer’s servers, as necessary, between regular maintenance window of 5:30PM and 5:30AM Sunday through Saturday. If the expected downtime is greater than 15 minutes then THINK UNIFIED will contact Customer to inform of the outage. Customer reserves the right to request that THINK UNIFIED reschedule the outage to align with business needs, and THINK UNIFIED will use best efforts to comply with such reasonable requests.

Excluded Services:

The following services are fee-based unless explicitly provided for elsewhere in this agreement

  • Cost of any required hardware, software, third party warranty, or third party maintenance plans
  • After-hours on-site services except for emergencies or disaster recovery (see note above on emergency support)
  • Services that would otherwise constitute project-based work
  • Adds, moves, and changes that exceed typical support services whether remote or onsite including entirely new software versions that are not simply updates.
  • Server migrations
  • Project management for new projects
  • High Level Technology Consulting (CTO Services)
  • Support for home-based computers except relating to problems originating at the client site
  • Any other services outside the scope of what is explicitly stated elsewhere in the agreement

If the technology does not currently exist at the time of this agreement, it is not covered and the implementation would be billable. However, once that new technology is implemented it is now “covered” under the scope of the agreement.

Qualifications

  • All hardware is under current warranty coverage from a major provider (i.e. Dell, HP, Intel)
  • All software is a currently supported version and is covered by a current support and maintenance plan
  • Client network is protected by a hardware-based firewall and is running the latest firmware
  • Client heeds all THINK UNIFIED setup advice in terms of security and recommended settings and restrictions
  • Server is connected to a working UPS
  • Server is ONLY administered by THINK UNIFIED personnel or pre-qualified Customer Personnel
  • Recovery coverage assumes data integrity of client’s backup media. THINK UNIFIED does not guarantee the integrity of the backups or the data stored on the backup media. Under this coverage, THINK UNIFIED will restore the server to the point of the last successful backup.
  • Client provides all Software installation media and key codes in the event of a failure

Additional Service Exclusions:

Company reserves the right to bill for labor incurred for the following items in whole or in part:

  • Support for failed hardware that is not currently under manufacturer’s warranty
  • Third party software support for software not currently under a vendor support plan
  • Customer materially fails to adhere to all of the requirements outlined in the above “Qualifications” section
  • Environmental failure events that render hardware unusable
  • Force majeure events beyond Company’s reasonable control, including but not limited to acts of God, government regulation, labor strikes, natural disaster, and national emergency
  • Negligent or willful acts of any third party other than Company
  • Lapses of service or warranties not associated with THINK UNIFIED supported products