Terms and Conditions
DataCom Technologies, LLC is a Managed Service Provider, hereafter referred to as an “MSP”. DataCom provides IT services to individuals and companies that have read and agreed to the following agreement, hereafter referred to as the “Client”. DataCom provides IT services that are limited to managing devices, installing antivirus, identifying computer failures, supplying updates to the devices, IT consulting in areas such as device and network security, and assisting the client in achieving device efficiency. DataCom assumes no responsibility for any incidental and or consequential damages. DataCom is not an internet provider. DataCom does not manage the input of the internet into Client’s establishment. DataCom Technologies LLC will not indemnify client for any damages in the scope of this agreement or any other agreement.
What we provide:
It is within the scope of DataCom Technologies, LLC to consult prospective and existing Clients on matters pertaining to IT management. We will visit your establishment and view your various devices and how your internet is distributed once it has entered your establishment and which devices has access to the network. We will likely recommend applicable equipment such as a server, VOIP phones, updated computers, firewalls, network access points and software, such as Office 365, antivirus, and backup options.
Managed Service Provider
It is within the scope of DataCom Technologies, LLC to provide managed IT services. Our clients are expected to allow us to monitor their system and to grant us remote access to their systems so that we can be first notified of issues around the various systems DataCom monitors. This remote access lets us identify and rectify issues within the
various devices managed and viewable by the network that may be having issues and running inefficiently.
IT Security and Cyber Security
We provide services and equipment that make security a priority. Our primary goal is to design an IT system for your organization that is safe and secure, and free from attacks both from the inside and out. It is our expectation and requirement that all current and prospective clients share this as a priority in their organization as well.
What we require from you:
Client will acknowledge that DataCom Technologies, LLC is not their internet service provider. Client acknowledges that DataCom Technologies, LLC does not provide support for or manage apps on their system we have not expressly contracted with the Client to support. Issues arising from apps/software/programs not supported by DataCom Technologies will usually require the Client to reach out to the provider of the unsupported applications/software/programs to speak with their help desk concerning the issue. DataCom may reach out to the application support team on behalf of the Client, but may not be able to in every case. Therefore, the Client agrees and acknowledges that receiving support for applications/software/programs not supported by DataCom remains primarily the responsibility of the Client.
Client will agree to allow DataCom Technologies to manage how their bandwidth is distributed and used by devices in their establishment. Client will disclose all devices that have access to the network and will allow DataCom Technologies, LLC to implement
Security measures, such as firewalls, antivirus and user logins to use the network. All non-recognized devices and requests for access will be denied for the security of the system. (Please See Appendix A, Section B, Articles I – VI.) If the Client does not agree to these terms, then Client may be considered in breach of contract, pursuant to the Standards of Relationship Agreement. See Appendix A.
Client will agree to not tamper, manipulate, diagnose, any equipment, lines, computers, or phones or other device that is relevant to its function on the network. Client will agree to not make changes without notification to DataCom Technologies LLC. See Appendix A, Section B, Article VII.
Client acknowledges and agrees to develop and enforce a security policy and submit it to DataCom Technologies for our files and to verify that our proposed security protocols and measures are meeting the expectations of the client. If Client does not comply, a security protocol will be established on their behalf and DataCom Technologies, LLC will present the Client with an accompanying policy, outlining the Client’s responsibilities for their security on their system. Client acknowledges and agrees that security of their system is their primary responsibility and will make necessary strides to protect their company data, as if it were their own personal data. If this is a medical provider, Provider agrees to update HIPAA agreement notifying its patients that DataCom Technologies, LLC is your IT provider.
Client acknowledges that DataCom Technologies is not an emergency IT service. Client acknowledges that DataCom triages all calls and will respond to each one first by priority level and then by order received.
Client acknowledges and agrees to pay all bills promptly, upon receipt, and in the order, they were received unless otherwise noted on invoice or previously agreed upon in writing.
Client acknowledges that if they are found to be non-compliant with the with any of the above statements, they will be considered in breach of contract and will result in immediate termination of relationship and discharge of client.
Client agrees and acknowledges that if they choose not to allow DataCom Technologies, LLC to install a Layer 7 Firewall, employ 24/7 monitoring and managed antivirus through DataCom Technologies, to sign a liability waiver.
Payment Policy and Terms
1. Invoice Terms
Invoiced will be emailed, invoices may be mailed for $2 per invoice.
Payment is expected by the due date listed on the invoice.
Due on Receipt: invoice must be paid upon delivery of goods or services
15-day terms: invoice must be paid in 15 days
30-day terms: invoice must be paid in 30 days
2. Late Pay policy
30 day past due: A Late Fee of 2% will be assessed to your account.
60 days past due: A Late Fee of 2% will be assessed to your account.
90 days past due: A Late Fee of 2% will be assessed to your account. No further work will be approved until a payment is made. Account will be reviewed for cancellation or transfer to due on receipt.
DataCom Technologies will transfer overdue invoices and or delinquent accounts to a collection’s agent.
3. Device Repair Policy
DataCom Technologies is not responsible for loss, theft or damage of device. Devices left over 30 days are subject to storage fees. If devices are not picked up after 90 days it is at DataCom Technologies discretion to retain, resell or recycle with no remuneration to customer.
4.Trip Charge policy
Charge is based on mileage to customer location, up to 100 miles from DataCom Technologies is not charged.
5. Warranty Policy
Unless otherwise agreed DataCom Technologies does not offer warranty on products or services. Warranties offered by manufacturers are not the responsibility of DataCom Technologies.
6. Refund Policy
DataCom Technologies does not refund for services. Refunds for equipment will only be issued within 90 days of purchase unless otherwise stated. Equipment must be in original working state. A restocking fee up to 50% may be required.
7. Price protection
Unless contracted or stated, DataCom Technologies may change prices for services and products at anytime. It is our aim to keep all prices competitive.
8. Sale of Accounts
DataCom Technologies may sell or transfer accounts to any other business or provider. DataCom Technologies will stay committed to the quality, security and honesty values when or if a transfer occurs.
9. Consulting Policy:
Any request is considered consultation and may result in a consultation fee.
Request channels vary and may include but are not limited to, Email, Phone, Meeting, Face to Face.
Charges may include but are not limited to Phone Consultation, Email Consultation, Project Planning, Project Review, Research, Recommendations, Education, Training, Change Requests, Proposals, Estimates.
Client, customer, non-customer, shall acknowledge that in any manner of contact to provider (DataCom Technologies) may result in a consulting fee. It is the client’s responsibility to request an explanation of a fee schedule before proceeding with any request. Client accepts all charges once engaging the consulting services of DataCom Technologies. DataCom Technologies does not recognize the purchasing policies of any organization, (for instance requirement of Purchase Order Number).
Consulting fees are charged by the hour with a one hour minimum and may include outside consulting agency’s fee that are charged to DataCom Technologies during the consulting process. Hourly fee is the current market fee. A no charge fee schedule may be requested at any time.
Any previous request or non-charge of consulting shall not have any bearing on current consulting policies.
DataCom Technologies LLC reserves the right to change or update these terms and conditions at any time without notice.