Terms Of Service
IT Management Solutions LLC Terms of Service
1. ACCEPTANCE OF TERMS
By entering into this Agreement, Service Receiver agrees to abide by the terms and conditions set forth herein.
2. DEFINITIONS
2.1 Managed IT Tech Support: Managed IT services, or managed IT support, is the practice of outsourcing IT tasks to a third-party vendor, called a Managed Service Provider (MSP), on a subscription or contracted basis. This includes:
Network monitoring
Cybersecurity
Data backup and recovery
Software updates and patches
Help desk support
Business continuity and disaster recovery (BCDR) protocols
2.2 Service Disconnection: Refers to the removal of the Service Receiver from our Managed Endpoint database and the cessation of all internal monitoring software activities.
3. SUBSCRIPTION SERVICES
3.1 Description of Services: As defined under “Managed IT Tech Support.”
3.2 Subscription Duration: The subscription is for a fixed term of three years, billed annually on the anniversary of the contract start date.
4. SERVICE LEVEL AGREEMENT (SLA)
4.1 There are no guaranteed uptimes.
4.2 Response time for each request ticket is targeted at 24 hours.
5. PAYMENT AND FEES
5.1 Billing: Service Receiver agrees to pay the annual fee in full on each anniversary of the contract start date.
5.2 Payment Updates: It is the responsibility of the Service Receiver to provide updated and accurate bank or credit card information before the billing date each year. A penalty of $15.00 will be charged for any failure to provide updated payment information, covering additional bank charges incurred by the Service Provider.
5.3 Taxes and Fees: Service Receiver is responsible for all applicable taxes, fees, or other charges associated with the service.
6. INTELLECTUAL PROPERTY RIGHTS
Both parties agree that any pre-existing intellectual property provided by one party to the other remains the property of the originating party. Any new intellectual property developed as a result of this Agreement will be jointly owned by both parties unless otherwise agreed in writing.
7. INDEMNIFICATION
Service Receiver agrees to indemnify and hold harmless the Service Provider from any claims, damages, losses, or expenses incurred due to the Service Receiver’s negligence or breach of this Agreement.
8. ACCESSIBILITY AND ANTI-DISCRIMINATION POLICY
Service Provider is committed to maintaining an environment that respects diverse traditions, heritages, and experiences. This policy ensures compliance with all applicable federal and state laws concerning nondiscrimination and accessibility.
9. COMPLIANCE WITH LAWS
This Agreement shall be governed by and construed in accordance with the laws of the state in which IT Management Solutions LLC operates, without regard to its conflict of law principles.
10. CHANGE IN CONTROL
In the event of a change in control of either party, such as a merger or acquisition, the affected party shall notify the other party within 30 days of the event.
11. PRIVACY AND DATA SECURITY
9.1 Data Privacy: Service Provider values the privacy and security of customer data. Data handling practices are outlined in the Privacy Policy, which is incorporated into these Terms by reference.
9.2 Data Sharing: Service Provider shall not sell or disclose any customer data to third parties without the express written consent of the Service Receiver. Any sharing of data will be conducted in accordance with applicable laws and regulations, and only upon receipt of explicit authorization from the Service Receiver.
12. SEVERABILITY
If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
13. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument. Electronic signatures shall be considered as valid as original signatures for the purposes of the validity of this Agreement.
14. GENERAL PROVISIONS
14.1 Assignment: This Agreement may not be assigned by either party without the prior written consent of the other party.
14.2 Force Majeure: Neither party shall be liable for any failure to perform due to causes beyond its reasonable control.
14.3 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.
14.4 Amendment: Amendments to this Agreement by the Service Provider are effective upon being sent via email to the Service Receiver at the last email address provided by the Service Receiver. It is the responsibility of the Service Receiver to keep the Service Provider informed of any changes to their email address. The Service Receiver shall be deemed to have accepted the amendments unless they object in writing within 30 days of the amendment’s issuance.
14.5 Waiver: No waiver of any terms of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
15. CONTACT INFORMATION
For inquiries or concerns, contact Service Provider at [email protected] or (877) 748-6468.
By signing below, Service Receiver acknowledges having read, understood, and agreed to the terms of this Agreement. Terms are subject to change without notice; it is the Service Receiver’s responsibility to review them periodically for updates or modifications.
Last updated: [05/03/2024]
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Monday – Sunday: 9am – 6pm