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Terms Of Services Agreement

Below is our our agreement for our Shield Services. Once you are done reading through, complete the form to get your Shield ordered. 

Shield Terms of Service Agreement

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

This Acknowledgment and Acceptance of Terms of Service (the “Agreement”) is provided to you (the “customer”) in connection with the service(s) that the customer has requested, submitted, or purchased (the “Service”) from PC-Protechs, LLC (“PC-Protechs LLC”).

Term of Service

The Shield Services Agreement (“Agreement”) is for the term of a one (1) year period starting and ending on the dates listed on the invoice. The Agreement automatically renews for a subsequent term equal to one (1) year of the Agreement beginning on the day immediately following the end of the Initial Term, unless customer does not intend to renew this Agreement. 


a) This Agreement may be terminated upon the renewal date if the customer chooses not to renew the Service. 


b)  This Agreement may be terminated by the customer upon seven (30) days notice if the Service Provider: 
i. Breaches any material term or condition of this Agreement and fails to remedy such breach within five business (5) days of receipt of such written notice; or, 
ii. Terminates or suspends its business operations, unless it is succeeded by a permitted assignee under this Agreement. 


c)  This Agreement may be terminated by the Service Provider upon seven (30) days written notice to the customer. 


d)  If either party terminates this Agreement, Service Provider will assist customer in the orderly termination of Services, including timely transfer of the Services to another designated provider. customer agrees to pay Service Provider in accordance with the fees and schedules contained in Service.

Fees and Payment Schedule

Fees will be calculated per month as defined under the provisions of the service selected by the customer, invoiced to customer on a Monthly/Yearly basis, and will become due and payable as defined under the provisions of Service selected. The first invoice will include an additional one-time setup fee as defined under the provisions of the Service. Services provided by Service Provider that fall outside the scope of this Agreement may be billed on different intervals and under different terms.

customer acknowledges that Service Provider will charge customer a $30.00 service charge for checks that are returned by customer’s bank for insufficient funds. customer agrees to pay said charge in addition to any other charges or fees that Service Provider may be entitled to. If customer tenders two (2) checks that are returned for insufficient funds, customer agrees to pay all future payments in certified funds, and acknowledges that personal checks will no longer be an acceptable form of payment.

customer’s payment for Services shall be deemed late when customer fails to remit payment within (10) days of the date the invoice was due. Any late payment shall bear interest at the rate of three percent (3 %) per month or the maximum rate allowed under law, whichever is lower, or fraction thereof, from the due date until paid in full. Any unpaid amounts due shall bear interest from the due date until paid. Notwithstanding any other provision under this Agreement, if any invoice or portion thereof is not paid within forty-five (45) days of the date of invoice, Service Provider may, ten (10) business days after providing notification via email, at its option (i) cease providing the Services and delete all service content, and/or (ii) refuse any requests to restore any service content. Such interruption or cessation shall not relieve customer from its obligation to pay the undisputed amounts due and owing. IN THE EVENT SERVICE PROVIDER TAKES ANY ACTION PURSUANT TO THIS SECTION, IT SHALL HAVE NO LIABILITY TO customer OR ANYONE CLAIMING THROUGH customer. customer agrees to reimburse Service Provider its reasonable expenses, including attorney and other fees, incurred in collecting any amounts due and owing to Service Provider. (cont.)

(cont.) It is understood and agreed that all Services requested by customer that are not expressly included within the terms of this Agreement will be considered Additional Projects, and will be billed as separate, individual Services from those contemplated herein.

customer Responsibility for Payment - Personal Guarantee

This Acknowledgment and Acceptance of Terms of Service (the “Agreement”) is provided to you (the “customer”) in connection with the service(s) that the customer has requested, submitted, or purchased (the “Service”) from PC-Protechs, LLC (“PC-Protechs LLC”).

Taxes

It is understood and agreed that all Federal, State, and Local Taxes applicable, except for payroll taxes, shall be added to each invoice for services and materials provided. customer shall pay any taxes due.

Coverage

See Appendix A for Coverage and Rates

Suitability of Existing Environment

In order for customer’s existing environment to qualify for Service Provider’s Shield Services, the following requirements must be met and Service Provider will notify customer of any deficiencies in this environment within three (3) business days of discovering the deficiencies:

a. All Servers with Microsoft ™ Windows Operating Systems must be running Windows 2016 Server ™ or later, and have all of the latest Microsoft ™ Service Packs and Critical Updates installed. 

b. All Desktop computers and notebooks/laptops with Microsoft Windows™ Operating Systems must be running Windows 10 ™ or later, and have all of the latest Microsoft ™ service packs and critical updates installed. 

c. All server and desktop software must be genuine, licensed and vendor-supported. 

d. All servers, desktops, and notebooks/laptops must always be accessible via a high speed internet connection with sustainable upload and download speeds exceeding 1 Mb per second. 

e. Service Provider shall have the right to immediately cancel all services herein upon the determination by Service Provider that customer has engaged in any activity prohibited by state or federal law. 

 

Costs required to bring customer’s environment up to these Minimum Standards are not included in this Agreement.

 

Excluded Services

See Appendix B for Coverage and Rates

Coverage

See Appendix A for Coverage and Rates