Terms of Service

Termed Agreements

This agreement is effective upon the date signed and shall remain in force for the length of the agreed-upon term. The agreement can be reviewed upon request at the end of each term to address any necessary adjustments or modifications. The service agreement automatically renews for another term on the day immediately following the end of the initial term, unless either party gives the other sixty (60) days written notice of its intent not to renew this agreement. Should adjustments or modifications be required that modify the monthly fees paid for the services performed under this agreement, said changes will be communicated at least sixty (60) days prior to renewal.

Service Level Agreement

Strategy, LLC’s normal business hours of operation are between the hours of 8:00am – 6:00pm, Monday through Friday, excluding public holidays. Monitoring services will be provided 24/7/365.

Support and Escalation

Strategy will respond to the client’s support tickets as detailed below, and with best effort after hours or on holidays. Tickets must be opened by the client’s designated I.T. contact person(s), by email to our help desk, or by phone if email is unavailable. Each issue will be assigned a ticket number for tracking. If a non-designated person submits a ticket, the ticket must be approved by the designated person(s).

Issue Priority Response Time Resolution Time Escalation Time
Service not available, all systems down (all users and functions unavailable) Urgent Within 1 hr ASAP: Best Effort 2
Significant degradation of service (large number of users or business critical functions affected) High Within 2 hrs ASAP: Best Effort 8
Limited degradation of service (limited number of users or functions affected, business process can continue) Medium Within 3 hrs ASAP: Best Effort 48
Small service degradation (business process can continue, limited users affected) Low Within 3 hrs ASAP: Best Effort 96

Monitoring Services

Strategy will provide ongoing monitoring and security services of all critical devices such as servers, computers, firewalls, switches, printers, and any essential network device. Strategy will provide monthly reports as well as document critical alerts, scans, and event resolutions to the Client upon their request. Should a problem be discovered during monitoring, Strategy shall make every attempt to rectify the condition in a timely manner.

Service Outside Business Hours

Requested services performed outside the hours of 8:00am – 8:00pm Monday through Friday excluding public holidays, shall not be subject to the escalation process outlined above. In addition, any work done that is required by the client outside of business hours will be subject to the hourly rates outlined below.

After Hours Category Regular Hours After Hours Holiday Hours
Standard Help Desk $99/hr $148.50/hr $198/hr
Network Admin/Engineer $125/hr $187.50/hr $250/hr

Projects

All projects (technology, web development, marketing, or design) will be quoted on a project-by-project basis after a discovery session to determine scope and value of the project. Project proposals will be created for each project and approved before invoices are sent and work is performed.

Billing

Invoices are due net 15. Rush production fees may be applied to any project that requires expedited production and will be noted at the time of the estimate. A minimum fee of $175 or 50%, whichever is greater, will be applied to such projects. If you opt to pay for your development with a payment plan, terms can be established that fit your specific budget needs. Hosting or other monthly fees will be charged to a credit card on a monthly recurring basis on the 1st of each month. A monthly late charge (the greater of 1.5% of the overdue amount or $15/month) will be assessed on outstanding invoices over 30 days old. Services may be terminated if more than two (2) monthly payments are missed. Payments can be made online at www.strategynewmedia.com/payments.

Rights for Use for Self Promotion

Strategy, LLC reserves the right to use any final product for use in self-promotion unless a non-disclosure agreement is required and signed by Strategy, LLC before work has begun.

Minimum Standards Required for Service

For the client’s existing environment to qualify for Strategy’s managed services, the following requirements must be met:

  • All Servers with Microsoft Windows Operating Systems must be running Windows Server 2012 or later and have all Microsoft Service Packs and Critical Updates installed.
  • All desktop PC’s and notebooks/laptops/tablets with Microsoft Windows Operating Systems must be running Windows 8 Pro, Apple OS X, or later, and have all the latest Service Packs and Critical Updates installed.
  • All server and desktop software must be genuine, licensed, and vendor supported.
  • The environment must have a currently licensed, up-to-date, and vendor-supported managed antivirus solution protecting all servers, desktops, notebooks/laptops/tablets, and email.
  • The environment must have a currently licensed, vendor-supported backup solution that can be monitored and send notifications on job failures and successes.
  • The environment must have a currently licensed, business class, vendor-supported hardware firewall between the internal network and the internet.
  • All wireless data traffic in the environment must be securely encrypted.

If these requirements are not met, Strategy can bring the environment up to these standards at an additional cost to be estimated based on issues to resolve.

Services Not Covered

Service rendered under this agreement do not include:

  • Parts, equipment, or software not covered by vendor/manufacturer warranty or support.
  • The cost of any parts, equipment, or shipping charges of any kind.
  • The cost of any software, licensing, software renewal, or upgrade fees of any kind.
  • The cost of any 3rd party vendor, manufacturer support, or incident fees of any kind.
  • The cost to bring the client’s environment up to minimum standards required for services.
  • Failure due to acts of God, building modifications, power failures, or other adverse environmental conditions or factors.
  • Service and repair made necessary by alterations or modifications other than those authorized by Strategy, including alterations, software installations, or modifications of equipment made by the client’s employees or anyone other than Strategy.
  • Installation or upgrades of application or operating system software packages, whether acquired from Strategy or any other source.
  • Programming (modification of software code) and program (software) maintenance.
  • Training services of any kind.

Termination and Contract Changes

If contract is requested to be terminated prior to the contract expiration date a notice of 60-days is required. Upon termination 100% of remaining contract will be immediately due. Access to any system or asset will be withheld until all billing is current. Any requested contract change that impacts monthly fee must be made 60-days prior to changes taking effect.

Cancellation and Return Policy

  • Hardware: Hardware can be returned within 30 days of the project or purchase approval date. All hardware returns are subject to restocking and shipping fees. In addition, if any time was spent preparing the piece of hardware for deployment, if labor was not already billed, it will be deducted from the refund amount of the hardware or, if already billed, those hours will be subtracted from your labor refund.
  • Software: There are no returns possible on software licensing. All sales of software licensing are final.
  • Service Calls/Project Cancellation: Service calls and projects may be cancelled within 24 hours of the scheduled service call or project. However, any time that was spent preparing for the service call or project before the cancellation was received will still be billed to cover costs.

Attorney’s Fees

In the event of any litigation between the parties hereto arising from or related to either party’s performance under or breach of this Agreement, the prevailing party in any such action shall be entitled to and shall receive from the adverse party, in addition to any relief granted by a court of law, its reasonable attorneys’ fees and other costs and expenses incurred in prosecuting or opposing the prosecution of such action, as the case may be.

Governance

This agreement shall be governed by the laws of the State of Kansas. It constitutes the entire agreement between the client and Strategy, LLC for services listed in the budget section of this agreement. Its terms and conditions shall prevail should there be any variance with the terms and conditions of any order submitted by the client. Strategy is not responsible for failure to render services due to circumstances beyond its control including, but not limited to, acts of God.

Limitation of Liability

In no event shall Strategy, LLC be held liable for indirect, special, incidental, or consequential damages arising out of service provided hereunder, including but not limited to loss of profits or revenue, loss of use of equipment or systems, lost data, or other costs.