Managed Services Agreement

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1 The Agreement This Agreement between Client and the Service Provider Business Technology Centre, is effective upon the date signed, and shall remain in force for a period from To Company Trading ABN/ACN Telephone: Fax: address: Address: I verify that I am the authorized representative of the company and I am able to commit the company to the terms and conditions of this agreement. Date: Business Technology Centre Representative: Josh Rushton Date: Witnessed: Address: Business Technology Centre Managed Services Agreement IT Support Page 1 of 5

2 Pricing Item Quantity Rate Total Gold Level Support Total $ GST $ Total inc. GST $ Notes Business Technology Centre Managed Services Agreement IT Support Page 2 of 5

3 Termination of Agreement This Agreement may be terminated by the Client or the Service Provider upon ninety (90) days written notice to the other party of if the Client: Business Technology Centre can assist in bringing your telephone system up to these minimum standards to ensure the continuity of your business. a. Fails to fulfill in any material respect its obligations under this Agreement and does not remedy such failure within thirty (30) days of receipt of such written notice. b. Breaches any material term or condition of this Agreement and fails to remedy such breach within thirty (30) days of receipt of such written notice. c. Terminates or suspends its business operations, unless it is succeeded by a permitted assignee under this Agreement. This Agreement may be terminated by the Service Provider upon ninety (90) days written notice to the Client: a. If either party terminates this Agreement, Service Provider will assist Client in the orderly termination of services, including timely transfer of the services to another designated provider. Client agrees to pay Service Provider the actual costs of rendering such assistance. Equipment Support Agreement Note: All new equipment is supplied with manufacturers, back to base warranty. If you do not have a managed services agreement, we are not liable to provide maintenance spare or replacement equipment. Time frames for replacement equipment are the responsibility of the manufacturer. 1. This agreement only covers equipment that is listed on the Schedule. 2. Any equipment added to the system after the agreement date will be covered from the date f installation. 3. The agreement covers faults and repairs to equipment due to normal wear and tear and that the system is being used as per the manufacturer s specifications. 4. The agreement does not cover faults caused by Flood, Power Damage or other Natural Disasters or Malicious damage. 5. We reserve the right to use refurbished equipment as part of this agreement. 6. We are not responsible for equipment that is no longer available from the manufacturer or has been removed from sale and or not supported by the manufacturer. Existing Equipment A full audit must be carried out before a Managed Services Agreement can be entered into. Business Technology Centre has these minimum standards in place for; Protection of the phone system. More efficient diagnosis and response to faults. Effective response in deployment of updates/patches. Minimum standards No pre-existing faults. Remote access to system via high speed connection. Firmware up to date. Software up to date and installed onsite. Structured cabling and/or completed cable records. UPS - Uninterruptible Power Supply. Bonded Earthing installed (if required by the manufacturer). Manufacturer support/warranty. Fees and Payment Schedule a. Fees will be charged to Client on a Monthly basis, and will become due and payable on the first day of each month. b. A once off setup fee will be applied for our Support staff to carry out an audit of your systems and network. c. A report will be prepared and provided to you. This report may identify upgrades, additional software or equipment that may need to be installed prior to the services provided in this agreement. d. The cost of this is your responsibility. This will be charged at the fee for service rate set out in the agreement. e. Services will be suspended if payment is not received within 14 days following date due. Adjustments and Additional Charges a. An adjustment will be made at the start of each monthly billing cycle to adjust for any new users or server equipment. b. It is understood that any and all Services requested by Client that fall outside of the terms of this Agreement will not be covered under this agreement and charged accordingly. c. The client is to pay for all airfares, transfers and accommodations costs associated with any site visit that is required. Business Technology Centre Managed Services Agreement IT Support Page 3 of 5 Taxes a. It is understood that any Federal, State or Local Taxes applicable shall be added to each invoice for services or materials rendered under this Agreement. b. Client shall pay any such taxes unless a valid exemption certificate is furnished to Service Provider for the state of use. Coverage- Supportt Agreement Support is provided during normal business hours by means of remote support or onsite support. Normal Business hours are between the hours of 8:30am 5:00pm Monday through Friday, excluding public holidays. Support and Escalation Service Provider will respond to Client s Support Tickets under the provisions of Appendix B, and with best effort after hours or on holidays. Support Tickets must be logged via the following means: 1. Telephone: Our escalation process is detailed in Appendix A. 1. Service outside Normal Working Hours Emergency services performed outside of the hours of 8:30am 5:00pm Monday through Friday, excluding public holidays, shall be subject to provision of Appendix B.

4 2. Service Calls Where No fault is found If Client requests onsite service and no problem is found or reproduced, Client shall be billed at the current applicable rates as indicated in Appendix A. 3. Limitation of Liability In no event shall Service Provider be held liable for indirect, special, incidental or consequential damages arising out of service provided hereunder, including but not limited to loss of profits or revenue, loss of use of equipment, lost data, costs of substitute equipment, or other costs. 4. Additional Maintenance Services I. Hardware/System Support a. Service Provider shall provide support of all hardware and systems specified in Appendix B, provided that all Hardware is covered under a currently active Vendor Support Contract; or replaceable parts be readily available, and all Software be Genuine, Currently Licensed and Vendor Supported. b. Should any hardware or systems fail to meet these provisions, they will be excluded from this Service Agreement. c. Should 3 rd 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. 5. Excluded Services Service rendered under this Agreement does not include: However are available on a Fee for service basis. 1. Parts, equipment or software not covered by vendor/manufacturer warranty or support. 2. The cost of any parts, equipment, or shipping charges of any kind. 3. The cost of any Software, Licensing, or Software Renewal or Upgrade Fees of any kind. 4. The cost of any 3 rd Party Vendor or Manufacturer Support or Incident Fees of any kind. 5. The cost to bring Client s environment up to minimum standards required for Services. 6. Failure due to acts of God, building modifications, power failures or other adverse environmental conditions or factors. 7. Service and repair made necessary by the alteration or modification of equipment other than that authorized by Service Provider, including alterations, software installations or modifications of equipment made by Client s employees or anyone other than Service Provider. 8. Maintenance of Applications software packages, whether acquired from Service Provider or any other source unless as specified in Appendix B. 9. Programming (modification of software code) and program (software) maintenance unless as specified in Appendix B. 10. Training Services of any kind. Confidentiality 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. Miscellaneous This Agreement shall be governed by the laws of the States and territories of Australia It constitutes the entire Agreement between Client and Service Provider for monitoring/maintenance/service of all equipment listed in Appendix B. Its terms and conditions shall prevail should there be any variance with the terms and conditions of any order submitted by Client. Service Provider is not responsible for failure to render service due to circumstances beyond its control including but not limited to, acts of God. Business Technology Centre Managed Services Agreement IT Support Page 4 of 5

5 Appendix A Services Covered by Agreement On Demand Gold Platinum Faults System Faults under normal wear and tear No Yes Yes Equipment Handset faults under normal wear and tear No Yes Yes Ticket progress reports No Yes Yes Support Coverage Business Hours. Mon- Fri 8:30 to 17:00 Excluding Public 24 hours /7 days per week. Excluding Public Holidays Holidays Software Management Software Upgrades No No Yes Backup of System Software No Yes Yes Other Adds Moves and Changes No No No Included Devices Main Equipment No Yes Yes Handsets No Yes Yes 3 rd Party devices [Cordless phones, loud sounding alarms, Message on hold devices] No No Yes Service level agreement Response Targets Response Non Critical Faults or general support No 8 Business Hrs 8 Hours Response System failure No 2 Business Hrs 2 hours Resolution No 24 Business Hrs 16 Hours Resolved No Best Efforts 24 Hours Appendix B Fee For Service Rates Labour Business Hours 8:30am 5pm M F excluding Public Holiday Rate $75.00 per ½ hour Site Visit fee $75.00 After Hours $ per ½ hour - minimum of $ Site Visit fee $110 per ½ hour travel All prices are EX GST Business Technology Centre Managed Services Agreement IT Support Page 5 of 5

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