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Terms of Service

Effective Date: 01/21/2025

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:

  • Tier 1: Essentials Package
    • Includes: Microsoft 365 Business Premium, Remote Monitoring and Management (RMM), Antivirus and Endpoint Protection, Patch Management, Basic Helpdesk Support (up to ¼ hour per user/month), SLA (4 Business Hour response) and Monthly Reporting.
  • Tier 2: Business Package
    • Includes all Essentials Package services, Cloud Backup, Email Security, Extended Remote Support (up to ½ hour per user/month), Improved SLA (2 business hour response) and Quarterly Business Reviews.
  • Tier 3: Premium Package
    • Includes all Business Package services, Unlimited Remote Support, On-Site Support (up to 2 x 2-hour visits per month), VIP SLA (<1 Business hour response), Proactive IT Management, and increased Cloud Backup Allowance.

Subscription Setup Costs

Setup Cost: The cost to set up the subscription is equivalent to the first month’s subscription cost.

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 and Third-Party Cost Adjustments

Nickel Ideal Tek Inc. reserves the right to adjust service and subscription pricing in response to economic fluctuations and third-party cost changes. Subscription costs are built using underlying third-party services, such as software licenses, cloud services, and other vendor-provided tools. If the costs of these third-party services increase during the term of your subscription, the subscription costs may be adjusted to reflect these changes.

Additionally, service and subscription pricing may be adjusted 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 adjust service fees accordingly.

5. Payment Terms

Subscription costs are prepaid, and hardware and software purchases must be paid in full at the time of order. 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

Details about rates are provided upon request or within individual agreements.

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

  • Productivity, Efficiency, and Supportability: The Client must replace out-of-date hardware and software on a regular basis, recommended every 3-5 years or when the product reaches End-of-Life (EOL) or End-of-Support (EOS).
  • 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. Nickel Ideal Tek Inc. will not support unlicensed software.
  • 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 Subscription Package
  • Support for Third-Party Hardware and Software (best-effort basis)
  • User Training (Billed Separately)
  • Adds, Moves, Changes, and Termination of Users, Software, Hardware, and Services are excluded. Once setup, they are covered under support. Upon termination, they are removed from support.

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.

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. This clause is conspicuously included for compliance with Texas law.

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, in compliance with the Texas Arbitration Act (TAA).

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 price match 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.