1. Agreement Overview
These Terms of Service (“Agreement”) govern the use of managed IT services, support, and related solutions (“Services”) provided by [Your Company Name] (“Provider”, “we”, “us”, or “our”) to the client (“Client”, “you”, or “your”). By using our Services, you agree to these Terms.
If you do not agree to this Agreement, do not access or use our Services.
2. Scope of Services
We provide a range of managed IT services including, but not limited to:
- Network monitoring and management
- Endpoint protection and response
- Data backup and recovery
- Help desk and remote support
- Cloud services and licensing
- Cybersecurity monitoring and alerting
The specific services and service levels provided will be outlined in a signed Service Level Agreement (SLA) or Statement of Work (SOW).
3. Client Responsibilities
Client agrees to:
- Provide access to systems, networks, and personnel as needed to deliver services
- Use licensed software and comply with vendor terms
- Maintain secure credentials and access control procedures
- Promptly report security incidents or issues
4. Fees and Payment
Fees are billed as agreed in the SLA or service proposal. Unless otherwise specified:
- Monthly service fees are billed in advance
- Project work is billed on a time-and-materials basis
- Payments are due within 15 days of invoice date
- Late payments may incur a fee and service suspension
We reserve the right to revise fees with 30 days’ written notice.
5. Term and Termination
This Agreement is effective as of the date of execution and remains in effect until terminated by either party with 14 days’ written notice.
Either party may terminate immediately for cause if:
- The other party materially breaches this Agreement and fails to cure within 15 days
- Insolvency, bankruptcy, or cessation of business occurs
Upon termination:
- All outstanding fees are immediately due
- Provider will assist with reasonable transition efforts (subject to fees)
6. Data Ownership and Confidentiality
- Client retains ownership of all data.
- Provider will access, use, and store Client data only as necessary to provide services.
- Both parties agree to keep confidential information private and not disclose to third parties without written consent.
7. Security and Privacy
We implement reasonable technical and organizational measures to protect client data. However, no system is 100% secure. Client is responsible for maintaining proper internal security practices, including access controls and endpoint hygiene.
Our Privacy Policy governs how we collect, use, and store data. By using our Services, you consent to our privacy practices.
8. Limitation of Liability
To the fullest extent permitted by law:
- We are not liable for indirect, incidental, special, or consequential damages
- Our total liability for all claims in aggregate is limited to the amount paid by Client in the past 12 months
9. Warranties and Disclaimers
We warrant that services will be provided in a professional and workmanlike manner.
We do not guarantee uninterrupted or error-free service and disclaim all other warranties, express or implied, including merchantability or fitness for a particular purpose.
10. Indemnification
Client agrees to indemnify and hold harmless Provider against any claims, damages, or legal fees arising from:
- Client’s misuse of services
- Violation of third-party rights or applicable laws
- Breach of these terms
11. Governing Law
This Agreement shall be governed by the laws of the State of North Carolina, without regard to its conflict of law principles. Any disputes shall be resolved in the courts of Dare County, North Carolina.
12. Miscellaneous
- This Agreement, together with any SOWs or SLAs, constitutes the entire agreement
- Amendments must be in writing and signed by both parties
- If any provision is found invalid, the remainder shall remain in effect
- Client may not assign this Agreement without Provider’s prior written consent
Contact Information
TBK Consulting, Inc.
104 Shedders Walk
Kill Devil Hills, NC 27948
Email: info@tbkconsulting.biz
Phone: (252) 564-9750