ESTIMATES AND FEES:
You have been provided with an estimate of the costs for the work to be performed by Cloudience. You agree to pay up to the estimate amount. After conducting an evaluation of your equipment or network, Cloudience will obtain your approval for all services that will exceed that estimate.
Change Requests: In order to address unforeseen additions to an estimate, a change request may be submitted at any time.
Onsite Evaluation: Estimates based solely on written or verbal descriptions without an on-site evaluation cannot assume unforeseen physical, aesthetic or structural obstacles and are therefore subject to change requests. Time spent beyond the estimate would be billable. We recommend you keep any work area clear to avoid additional time.
Supply Chain: While not the norm, our service partners and distribution centers can, at times, be affected by ongoing global supply chain challenges that may cause delays.
EQUIPMENT INSTALLATION
Cloudience provides 30 days of support on equipment installations to ensure the proper implementation and integrity. However, due to the nature of IT, network, and outdoor equipment, it is recommended to have a management plan for continued support coverage after the initial 30 days. This is because there are various external environmental variables that can impact a network and lead to equipment failure. We offer support plans to provide ongoing coverage for these types of environmental conditions that we cannot guarantee, such as rogue network equipment, storms, power surges, ISP outages, modem updates/failures, and solar degradation.
BACKUPS
Cloudience will NOT back up any data on your equipment or network unless you specifically request Cloudience to do so prior to the performance of any service for an additional fee. It is your responsibility to back up the data, software, information or other files stored on your equipment or network prior to requesting service from Cloudience.
WHAT WE DO:
Cloudience will use its best efforts to resolve customers technical problems in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems. Response times may be delayed due to research and inquiries, as may be necessary. Cloudience does not assure that every request for technical support will be resolved. Cloudience consultations constitute only advice and suggestions. Technical problems may be a result of software or hardware failure, corruption or user error and may not be correctable. Cloudience reserves the right to refrain from providing any or all services ordered and refund your payment, wholly or in part, if minimum system requirements are not met or if technical conditions or customer requirements are unusual, extensive, or beyond the scope of this service agreement as reasonably determined by Cloudience.
MINIMUM ENVIRONMENT REQUIREMENTS FOR IT SERVICES
Minimum hardware and software specifications are required to deliver stated managed services including: Windows 10 Pro with TPM for workstations, Windows Server 2016, Identity provider & group policy service (ie: as Active Directory, Azure AD, Intune or Google Cloud), Firewall (with DPI, gateway security & logging), Backup software & storage. All line of business or security software must be genuine, licensed and vendor supported. All sensitive data must be stored on platforms allowing the ability to implement security controls, monitoring, audits, data retention and notifications. Wherever it is not possible to secure data electronically, the Client may choose to mitigate risk with physical environment controls. Costs required to bring the environment up to minimum standards are not included unless otherwise mentioned on an agreement.
RECOMMENDATIONS, REQUESTS & APPROVALS
Cloudience will, from time to time, submit IT recommendations that will require authorized approvals in order to act on. In other instances, security, maintenance or billable requests may be submitted by non-approved users. In either instance, Cloudience relies on timely written approvals in order to provide business continuity. Cloudience is not responsible for any incidents, recommendations, maintenance tasks or security incidents where needed approvals were not submitted.
SERVICE CALLS WHERE NO TROUBLE IS FOUND
If on-site service is requested and no problem is found or reproduced, time-on-site will be billed at the current applicable rates as indicated in the section titled “Project Hours.”
YOUR RESPONSIBILITIES
You understand and agree that prior to contacting or allowing Cloudience to perform diagnostic repair or other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that Cloudience shall not be responsible under any circumstance for any loss or corruption of data and/or software. You agree to pay fees in accordance with Cloudience rates and policies.
FORCE MAJEURE
If Cloudience’s ability to render services is impaired by circumstances beyond the control of Cloudience, Cloudience may choose not to provide services.
LIMITATION OF REMEDY
Cloudience will not be held responsible for any problems arising from third party software installed on your computer by our technicians, you, or other third party. Cloudience will not be held liable for lost data due to hardware failure, virus, spyware, corruption or any other situation. If any problems with third party software, hardware or services arise, it is your responsibly to obtain support from the manufacturer of the product at fault. Under no circumstances shall Cloudience be liable to you or any other person for any damages, including without limitation any indirect, incidental, special or consequential damages, expenses costs, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of or related to the services provided by Cloudience or out of the installation, de-installation, use of, or inability to use your computer equipment, hardware, peripherals, or the network as a result of the services provided here-under. Cloudience shall not be liable for any failure or delay in performance due to any cause beyond its control. If Cloudience’s ability to render services is impaired by your failure to cooperate or circumstances beyond the control of Cloudience, Cloudience may choose not to provide services.
REGULATORY REQUIREMENTS
This Agreement does not exclusively fulfill the obligations of any regulatory compliance requirement as it is designed to augment existing IT management and governance provided by The Client. Cloudience is outsourced by The Client to augment existing IT governance following internal compliance policies and instructions set by the executive team who are known as the “data owners.”
LIMITATION OF LIABILITY & RELEASE
By accepting our services, you will agree to release and hold harmless Cloudience from and against any loss, liability, or damage, including without limitation, any indirect, incidental, special or consequential damages, expense, costs, profits, lost savings or earnings or liability that you, the owner, or lessee may suffer arising out of, or related to, the services provided by Cloudience. This includes but is not limited to data loss or lack of function in any component or element of your computer system and/or peripherals as a result of Cloudience’s actions or the actions of its agents, partners, and/or third-party service providers. All services shall be guaranteed for five (5) days, however if the issue resurfaces and is discovered by Cloudience to have been caused by negligence or misuse on behalf of the customer or other third party, Cloudience shall not be held responsible, and the foregoing guarantee will be nullified. You agree that Cloudience’s total liability for damages related to its provision of services is limited to the total amount you pay for such services, and you release Cloudience from liability for any indirect, incidental, special, or consequential damages. LABOR WARRANTY: Cloudience guarantees services provided to you at your home or business for five (5) days however, for repairs damaged by a virus, spyware, third party software, software updates or client / third party service, the warranty is null and void. If there is a problem with the services provided to you by Cloudience and if you notify us at 1-800-559-8639 within the 5-day time period, Cloudience will work to remedy your original problem quickly and at no additional cost. REMOTE SUPPORT: Cloudience may use tools it deems necessary to repair your computer, such as remote access to your computer. EULA’s: For software installations, Cloudience may accept End User License Agreements on your behalf. Cloudience IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT.