TERMS AND CONDITIONS
1. Term of Agreement
This Managed Services Agreement ("Agreement") shall commence on the Effective Date and shall remain in effect for an initial term of one (1) year ("Initial Term").
Upon expiration of the Initial Term, this Agreement shall automatically renew for successive one (1) year renewal terms ("Renewal Term(s)") unless either party provides written notice of non-renewal at least ninety (90) days prior to the expiration of the then-current term.
2. Service Level Objectives (SLO)
NETWORK PLUMBER shall use commercially reasonable efforts to provide support services in accordance with the following Service Level Objectives.
Support Severity Classification
Upon receiving a service request, NETWORK PLUMBER will classify incidents based on severity and business impact.
Classification
Criteria
Priority 1 – Business Critical Failure
An error that prevents all useful work from being performed by all users or disables major business functions.
Priority 2 – System Defect with Workaround
A critical error for which a workaround exists or a non-critical error that significantly impacts functionality.
Priority 3 – Benign Error
An isolated or non-critical issue that does not materially affect business operations, system performance, or essential functionality.
Response Levels
Response Level
Description
Acknowledgement
Confirmation by email, telephone, or ticketing system that the incident has been received and is being addressed.
Update
Communication regarding progress, status, and resolution efforts through email or the ticketing system.
Response Protocol
Classification
Acknowledgement Time
Status Updates
Priority 1
Within 15 minutes to 1 hour
Every 4 hours until resolution or acceptable workaround is implemented
Priority 2
Within 2 business hours
At least once per business day
Priority 3
Within 4 business hours
At least once per week or upon significant progress
SLO Exclusions
The Service Level Objectives do not apply to:
The parties acknowledge that Service Level Objectives are targets and objectives and do not constitute guarantees of service restoration times.
3. Rates and Charges
In consideration of the Managed Services provided under this Agreement, Client agrees to pay NETWORK PLUMBER the monthly recurring fees outlined in the applicable proposal, plus any applicable federal, state, or local taxes.
Invoices shall be due upon receipt and payable within thirty (30) days unless otherwise stated in writing.
Additional services requested by Client that fall outside the scope of this Agreement may be billed separately at NETWORK PLUMBER's then-current rates and shall require Client approval prior to commencement.
4. Early Termination
Either party may terminate this Agreement, with or without cause, by providing ninety (90) days prior written notice to the other party.
Upon termination:
5. Limitation of Liability
NETWORK PLUMBER shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to lost revenue, lost profits, loss of business opportunities, or loss of data, even if advised of the possibility of such damages.
NETWORK PLUMBER's total cumulative liability under this Agreement shall not exceed the total fees paid by Client during the preceding twelve (12) months.
6. Client Responsibilities
Client agrees to:
7. Confidentiality
Both parties agree to maintain the confidentiality of non-public business, technical, financial, and operational information received from the other party and to use such information solely for purposes related to this Agreement.
8. Entire Agreement
These Terms and Conditions, together with the Managed Services Proposal and any executed Service Order or Statement of Work, constitute the entire agreement between the parties and supersede all prior discussions, proposals, or understandings relating to the services provided.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.