By using the MSP's services or website, the user/client agrees to the outlined terms and conditions.
Services Provided (Scope of Work):
Clearly defines the specific IT services included (e.g., remote helpdesk, 24/7 monitoring, backup and disaster recovery, security measures, and vendor management) and, importantly, what is explicitly not covered to prevent scope creep.
Client Responsibilities:
Outlines the client's obligations, such as maintaining off-site backups, ensuring licensed software/hardware is up-to-date, providing timely access to systems, and notifying the MSP of terminated employees.
Service Level Agreement (SLA):
Details expected performance metrics, such as guaranteed uptime, response times for different priority issues, and potential remedies or penalties if these levels are not met.
Payment and Billing:
Specifies pricing structures, billing frequency (e.g., monthly, emergency services and parts or product), accepted payment methods are e-transfer, cheque and cash, late payment penalties, and circumstances under which fees might change or services be suspended for non-payment.
Limitation of Liability:
Defines the maximum extent of the MSP's financial responsibility in case of data loss, system failure, or security breaches. Data Guards Corp is not responsible for any loss of business, data or profits when performing work on a client network or computer. Data Guards Corp cannot and will not be held responsible for anything with regards to network or computer functionality as we do not run the equipment during business hours. The mouse is the controlling feature of the device and staff at the company control that, not Data Guards Corp.
Warranties and Disclaimer of Warranties:
Data Guards warranties work and services performed in a "professional and workmanlike manner" but disclaim all other warranties, including implied warranties of merchantability or fitness for a particular purpose, and do not guarantee error-free or uninterrupted service. We also offer manufacture warranties on all hardware sold. We also use Seagate hard drives when it is time to replace hard drives as some of their drives have lifetime warranties on data recovery for free. This is exclusively on Seagate drives and not all models of Seagate hard drives.
Confidentiality and Data Protection:
Assures the client that their data and business practices will be kept confidential (with exceptions, such as illegal behavior) and outlines security protocols and breach notification procedures. As well this put the responsibility of the choice to resilient and recoverable on the owner of the business, not Data Guards Corp.
Force Majeure:
Protects both parties from liability for failure or delay in performance due to circumstances beyond their reasonable control (e.g., natural disasters, war, cyber incidents, or pandemics).
Term and Termination:
All clients will be provided with a quote with the scope of work, then a contract before any work is done. A non-refundable deposit is required for parts only before any work is done. The contract's duration 12 month for maintenance signed and should conditions for early termination (e.g., material breach), required notice periods is 30 days and payments made are not refundable, and the process for data return upon termination.
Governing Law and Dispute Resolution:
The Province of Ontario is the jurisdiction and their laws govern the agreement and the process for handling disputes, such as through arbitration or specific courts should an issue arise.
