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Terms of Service

Effective Date: 11/14/2024

These Terms of Service (“Agreement”) govern the use of IT services provided by Nickel Ideal Tek Inc. (“We,” “Us,” or “Our”). By engaging Nickel Ideal Tek Inc. for IT support, consulting, or related services, you (“Client” or “You”) agree to be bound by the following terms and conditions.

1. Services Provided

Nickel Ideal Tek Inc. provides a range of IT support and consulting services, including but not limited to:

  • IT Support & Maintenance
  • Cybersecurity & Threat Monitoring
  • Data Backup & Recovery
  • Network Management
  • Software & Hardware Consultation
  • Managed IT Services

2. Subscription Services

Nickel Ideal Tek Inc. offers the following subscription services:

  • Tools Package:
    • Workstation: $65 per month per device.
    • Server: $100 per month per server.
    • Includes: Antivirus (AV), Managed Detection and Response (MDR), Endpoint Detection and Response (EDR), Microsoft Office 365 Standard, Workload Backup, Password Manager, and Remote Monitoring and Management (RMM).

    Note: Tools Package costs are estimates based on current vendor pricing and may fluctuate over the term of the contract as underlying vendor prices change.

  • AYCE (All-You-Can-Eat) Services:
    • $225 per user per month.
    • Includes the Tools Package, Unlimited Remote Support, and up to two onsite visits per month.
  • Hybrid Plan:
    • $125 per user per month.
    • Includes the Tools Package for workstations and provides up to 1/4 hour per user per month of remote support. On-Site billed at service rates below.
    • Banked hours do not roll over month to month (e.g., if 4 users, then 2 hours of remote service are available each month).
    • Server Tools Package is purchased separately.

Subscription Setup Costs

Setup Cost: Subscriptions are subject to a setup fee equivalent to 1x Monthly Recurring Charge (MRC).

System Updates: Additional costs may be incurred to bring systems up to date and supportable. These costs will be billed at an hourly rate for labor and on a cost-plus basis for hardware and software.

Subscription Terms

Initial Term: Subscriptions are for an initial term of 36 months.

Renewal: Subscriptions will automatically renew unless canceled prior to the renewal date.

3. Subcontracting

Nickel Ideal Tek Inc. reserves the right to subcontract certain services to third parties. The terms and conditions of these third parties will be incorporated into this Agreement, and by engaging Nickel Ideal Tek Inc., the Client agrees to be bound by the third-party terms where applicable.

4. Inflation-Adjusted Pricing

To account for economic fluctuations, Nickel Ideal Tek Inc. reserves the right to adjust service and subscription pricing in accordance with the Consumer Price Index (CPI) for All Urban Consumers (CPI-U) as published by the U.S. Bureau of Labor Statistics (BLS). Price adjustments will be evaluated and, if necessary, applied every six (6) months from the contract start date.

In the event of high inflation, defined as an annualized CPI increase of 3% or more, Nickel Ideal Tek Inc. may increase service fees in line with the CPI. All adjustments will be rounded to the nearest dollar and communicated to the Client at least thirty (30) days prior to the new rate taking effect.

5. Payment Terms

All invoices are due upon receipt unless otherwise specified in the SOW. Payments not received within 30 days of the invoice date will incur a 2.5% monthly compounded late fee. Services may be suspended or terminated in the event of non-payment after 45 days without further notice. Nickel Ideal Tek Inc. reserves the right to charge interest on overdue amounts in addition to late fees.

6. Service Rates

On-Site Support: $175 per hour with a 90-minute minimum charge.

Remote Support: $175 per hour with a 15-minute minimum charge.

Unscheduled After-Hours Remote Support: $250 per hour with a 1-hour minimum charge.

Unscheduled After-Hours On-Site Support: $250 per hour with a 4-hour minimum charge.

7. Cybersecurity Monitoring and Threat Detection Services

Clients who subscribe to our cybersecurity monitoring and threat detection services acknowledge that these services are designed to identify and mitigate potential threats. However, Nickel Ideal Tek Inc. does not guarantee that the Client’s business will not experience disruptions, cybersecurity incidents, or financial losses, even with these services in place.

8. Client Responsibilities

  • Cyber Insurance: Clients are required to maintain their own cyber insurance policies. Nickel Ideal Tek Inc. is not responsible for any financial losses resulting from cyber incidents not covered by the Client’s insurance.
  • Software Licensing: Clients must maintain legitimate and up-to-date licenses for all software installed or used within their business operations.
  • Password Management: Clients are solely responsible for maintaining their own passwords and ensuring the security of their credentials.
  • Recommendations: Nickel Ideal Tek Inc. may make recommendations regarding security, hardware, software, or other IT-related matters, but all decisions regarding the acceptance and implementation of these recommendations rest with the Client.
  • Hardware Warranties: Clients are responsible for ensuring that all hardware is covered by manufacturer warranties, particularly for mission-critical systems.

9. Exclusions

The following items are excluded from all subscription plans, including the AYCE plan:

  • Hardware Purchases and Replacement Costs
  • Third-Party Software and Services Not Included in the Tools Package
  • Support for Third-Party Hardware and Software (best-effort basis)
  • User Training (Billed Separately)

10. Remote Access Tools

Nickel Ideal Tek Inc. utilizes remote access tools to perform services efficiently. While we employ best practices to secure access to these tools, the Client acknowledges that remote access tools can be exploited by unauthorized parties with malicious intent. Nickel Ideal Tek Inc. is not responsible for any actions taken by unauthorized users who gain access to these tools without our knowledge or consent.

11. Anti-Poaching

Clients agree not to directly or indirectly hire, solicit, or engage any current or former employee or contractor of Nickel Ideal Tek Inc. for employment or services during the term of the agreement and for a period of 12 months thereafter, without the express written consent of Nickel Ideal Tek Inc. In the event of a breach of this clause, the Client agrees to pay Nickel Ideal Tek Inc. a placement fee equivalent to the greater of 12 months of the employee’s salary or $50,000.

12. Confidentiality

Both parties agree to maintain the confidentiality of all sensitive, proprietary, or non-public information, including but not limited to client data, business strategies, and technical information, which may be disclosed during the course of the engagement. Information may only be disclosed to third parties if legally required, and only after providing notice to the other party and giving an opportunity to object to or limit the disclosure. Both parties must implement reasonable measures to protect this information from unauthorized access or disclosure.

13. Illegal Acts and Immediate Termination

Nickel Ideal Tek Inc. and its employees will not entertain, participate in, or assist in any scheme, illegal act, or attempt to defraud. Clients requesting such actions will be subject to immediate termination of services, and the total value of the contract or Statement of Work (SOW) will become due immediately.

14. Service Hours

Nickel Ideal Tek Inc. provides services during standard business hours, which are Monday through Friday, 9:00 AM to 5:00 PM Central Time, unless otherwise contracted.

Emergency support or services outside of regular business hours may be provided at an additional cost and must be arranged through a separate agreement or contract.

15. Limitation of Liability

Nickel Ideal Tek Inc. will not be held liable for any indirect, special, incidental, punitive, or consequential damages.

16. Indemnification

The Client agrees to indemnify and hold harmless Nickel Ideal Tek Inc. from any claims, liabilities, damages, losses, and expenses.

17. Termination

Either party may terminate this Agreement by providing 30 days’ written notice.

18. Dispute Resolution

In the event of a dispute, the parties agree to resolve the matter through binding arbitration conducted in Houston, Texas.

19. Force Majeure

Nickel Ideal Tek Inc. will not be liable for delays or failures to perform its obligations due to circumstances beyond our control.

20. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

21. Changes to Terms

Nickel Ideal Tek Inc. reserves the right to update or modify these Terms of Service at any time.

22. Third-Party Subscriptions and Pricing Disclosure

Nickel Ideal Tek Inc. may invoice third-party subscriptions as a convenience to clients. Clients are advised that these subscriptions may sometimes be available at lower costs from other vendors. While Nickel Ideal Tek Inc. strives to provide competitive pricing, we do not pricematch or guarantee the lowest market prices on third-party products and services.

23. Severability

If any part of this Agreement is held to be invalid, the remaining provisions will remain in full force and effect.

24. Entire Agreement

This Agreement constitutes the entire understanding between the Client and Nickel Ideal Tek Inc. with respect to services provided, superseding all prior agreements.

Acknowledgment: By engaging Nickel Ideal Tek Inc. for services, the Client acknowledges that they have read, understood, and agreed to the above Terms of Service.