TERMS AND CONDITIONS
Effective Date: January 1, 2016
MANAGED SERVICES TEAM may change these terms and conditions at any time. When we do, we will revise the “effective date” above.
Managed Services Team may be referred to below as “MST” for brevity.
Your privacy is important to Managed Services Team. We understand your need to be in control of your personal information.
You do not have to give us personal information to visit our site.
We may collect personally identifiable identification (name, street address, email address, etc.) only if specifically and knowingly provided by you.
Personally identifying information collected will be used only for such purposes as are described at the point of collection. We will not disclose, give, sell or transfer any personally identifying information you supply us to third parties.
The information generated by the cookie about your use of the web site is sent to MANAGED SERVICES TEAM and stored in a secure data center. This information is then used to track and analyze visits to the web site. Cookies collected will not be used to create profiles of users or to track Internet usage outside of the web site.
How to opt out or disable cookies
If you choose to do so, you can configure your browser to notify you when a new cookie is received. You can also view and delete existing cookies, prevent your browser from accepting new cookies, and disable cookies altogether. You will not be denied access to the web site, but your ability to use some areas or functions of the web site may be limited. You may be denied access to certain secure information if cookies are rejected. This is to provide a secure connection and to protect the information you provide. It is important for you to know that MANAGED SERVICES TEAM does not use permanent cookies on this web site. After you navigate to a web site not operated by Managed Services Team, the cookie will expire. If you return to the web site, you will receive a new cookie for the duration of that visit.
“Do Not Track” Signals
We do not respond to web browser “do not track” signals.
MANAGED SERVICES TEAM, as developer and manager of this web site, has implemented commercially reasonably technical, administrative, and physical security measures to protect the integrity of its communications and computing infrastructure and your personally identifiable information from unauthorized access, modification, or use. To protect your communications through this web site, we authenticate, monitor, audit, and encrypt activity. You can tell when the site is secure by looking at the location (URL) field. If the URL begins with https:// (instead of http://), the document comes from a secure server. This means your personally identifiable information cannot be read or deciphered by unauthorized individuals. This is part of our continuing commitment to protecting your information. Please note, that despite our efforts, no security measures are completely secure. Use of this system constitutes consent to such monitoring and auditing.
Data is transmitted via Secure Socket Layer (SSL) with up to 256 bit encryption
MANAGED SERVICES TEAM is committed to complying fully with the Children’s Online Privacy Protection Act. The Site is not directed towards children under 13 years of age, nor do we knowingly collect information from children under the age of 13. MANAGED SERVICES TEAM appreciates your cooperation with this federally mandated requirement.
As you navigate to any Managed Services Team-owned website, you may be able to link to other websites. Please note that Managed Services Team provides these links for your convenience, but inclusion of the link does not imply endorsement by Managed Services Team. Furthermore, the linked sites are not under our control, and we are not responsible for the contents of any linked site or any link contained as a linked site. For this reason, we encourage you to look at the privacy policies of those specific sites.
We do not use or disclose information about your individual visits to any Managed Services Team websites that you may give us, such as your name, address, E-mail address or telephone number, to any outside company or organization. Again, please be aware that at this time electronic mail is currently not secure against interception.
Monthly Managed Services Offerings
All Managed Services will be billed monthly and the price is based on the number of Servers, Desktops, Laptops and key devices. The initial payment due will include equipment costs, setup fees (equivalent to one month’s charge), and the first month’s recurring monthly charge.
Payment of fees is due on the first of every month. Terms are Net 15. Payments not made within 15 days of the first day of the month are to be considered delinquent and may be subject to finance charges and interruption of service.
Outside of the Monroe County limits, travel will be billed at 1/2 rate in quarter-hour increments, round trip.
TERM. The initial term of this Agreement shall commence on the Effective Date stated in the first paragraph above or as mutually agreed to by the parties and documented in a written document incorporating this Agreement, and shall continue for a period of twelve (12) months thereafter. Upon expiration of the initial term, the Agreement shall automatically renew for subsequent twelve-month periods unless terminated by either party.
TERMINATION. This Agreement may be terminated by either party, without cause, by giving the other party 30 days notice via email or fax. In such event, the canceling party will be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any hosting or setup charges. Notwithstanding the above, MST may terminate the service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. It is the client’s responsibility to perform subscription to another service provider if such services are so desired upon termination, cancellation or discontinuation of service.
The Managed Services provided to you may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any US Federal or State regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material. You agree to indemnify and hold harmless MST and its suppliers any claims resulting from your use of the Managed Services which damages either you or another party or parties.
You cannot under any circumstances sell access or services provided by MST to any other person or interest, except by written permission of MST.
DISCLAIMER OF WARRANTY. The Managed Services are provided “as is” without warranty of any kind. To the maximum extent permitted by applicable law, MST and its suppliers disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty against infringement, with regard to the Managed Services. This limited warranty gives you specific legal rights. You may have others that vary from state/jurisdiction to state/jurisdiction.
CLIENT REMEDIES. MST’s entire liability and your exclusive remedy shall not exceed the price paid for the Managed Services on a monthly basis.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall MST or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use MST’s Managed Services, even if MST has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Managed Services Team agrees that all confidential information revealed to them by Customer in connection with services provided is proprietary. Managed Services Team shall take all reasonable steps to keep such information confidential and shall not use the information except to perform MST’s obligations herein.
Work shall commence when both parties sign the Agreement and the initial deposit is remitted. Managed Services Team agrees to provide services as outlined on all of the pages of the Proposal. The content of the Proposal is made a part herein of the Agreement.
All of the terms of the Agreement remain in effect for one year unless the Agreement is terminated as specified below.
Fees and expenses quoted are for the original task work and job description only as specified in the Agreement. A finance charge of 1.5% per month may be charged on all past due accounts.
Managed Services Team reserves the right to bill for: work requested that falls significantly beyond the scope of the Agreement including, significant changes or redirects in the project as outlined in the original Agreement.
Managed Services Team will notify Customer and seek pre-approval before their staff engages in work beyond the scope of the Agreement. Additional work will be estimated for advance approval.
Cancellation Policy: In the event that either party violates the terms of the Agreement, the other party may terminate the Agreement upon ten-(10) business day’s written notice. In the event that the violation of terms is corrected within these ten (10) business days, the Agreement shall remain in full force. Either party may terminate the Agreement without cause at any time upon 30 days written notice to the other party.
In the event that the approving party initiates cancellation of the Agreement, Managed Services Team reserves the right to collect payment for previously incurred expenses rendered pursuant to the Agreement
Indemnification: Customer agrees to indemnify and hold harmless Managed Services Team from and against any and all losses, damages, claims, counterclaims, causes of action, cost and expenses including reasonable attorney fees and disbursements, suffered, paid or incurred by Managed Services Team and/or its agents, principles, employees and representatives, by reason of any damage or injury due to any action or omission of Customer.
Managed Services Team agrees to indemnify and hold harmless Customer from and against any and all losses, damages, claims, counterclaims, causes of action, cost and expenses including reasonable attorney fees and disbursements, suffered, paid or incurred by the Customer and/or its agents, principles, employees and representatives, by reason of any damage or injury due to any action or omission of Managed Services Team.
The foregoing notwithstanding, under no circumstances will an indemnifying party be liable for special, incidental, consequential, indirect or punitive damages, including lost revenues even if such indemnifying party has been advised of the possibility of same.
Products, including Hardware and Software
All resale products, hardware, software, or peripherals may be returned unopened in original packaging within 30 days of purchase for full refund, less 25% restocking fee
Sorry, but we’re unable to offer refunds on the following:
Open Licensing, Microsoft 365 products
Secure Certificates (SSL)
Monthly and Quarterly services, including Hosting, Backups, eMail
Annual services will be refunded pro-rated, remaining full months, upon request with 30 days notice
If you have any questions, please contact:
Managed Services Team
72 Cascade Drive
Rochester, NY 14614