ALL TELEPHONE SERVICES
The terms and conditions of this Service Agreement (“Terms” or “Agreement”) constitute the agreement (“Agreement”) between KAPOOR IT SOLUTIONS INC. (“Company”, “We”, “Us”) and the User (“you,” “User” or “Customer”) of the Company’s small business communications Services, and any related products or services (“Service”). This Agreement governs both the Service and the Analog Telephone Adapter or any other IP connection Device (“Device” or “Equipment”), used in conjunction with the Service.
BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT INCLUDES MANY IMPORTANT TERMS, INCLUDING: WARNINGS THAT YOU MAY BE UNABLE TO USE THE VOIP SERVICE FOR 911 OR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUMSTANCES; LIMITS AND DISCLAIMERS ON COMPANY’S LIABILITY; AND THE REQUIREMENT THAT YOU COMMIT TO A MINIMUM TERM OF SERVICE.
Service is offered in monthly or annual terms for 1 Year 3 Year or 5 Years that corresponds with the date your KAPOOR IT SOLUTIONS INC. Telephone service that was activated and ends on the day before the same date you started service. Subsequent terms of this Agreement automatically renew unless you give KAPOOR IT SOLUTIONS INC. written notice of non-renewal at least thirty (30) days before the end of the term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. Expiration of the term or termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.
If you subscribe to the Company’s Business Services, which is defined as Service intended solely for the subscriber’s residence, or home, and not for commercial purposes (“Business Services”), the Service and the Device are provided to you solely for such Business use. You shall not resell or transfer the Service or the Device to another party. You are prohibited from using the Service or the Device for autodialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if We determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal Business usage patterns. In addition, you will be required to pay our higher rates for commercial Service for all periods in which your use of the Service or the Device was inconsistent with normal Business use.
If you subscribe to the Company’s Business Services, which is defined as Service intended solely for the subscriber’s use to support commercial, for-profit, or not-for-profit, non-Business enterprises (“Business Services”), the Service and Device are provided to you as a small business User. Because We have no control over your power or Internet connectivity you may experience occasional outages. For this reason, we recommend that you maintain another backup provider so that you have backup contact ability. It is recommended that set a forward number that can be configured and enabled on the provided voice portal when service has been setup so that you can receive calls in the event of an outage. You shall not resell or transfer the Service or the Device to another party. You are prohibited from using the Service or the Device for autodialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if We determine, in our sole and absolute discretion, that you have at any time used the Service or the Device for any of the or similar activities.
LIMITATIONS OF SERVICE
Customer acknowledges, and agrees, to the following limitations of service:
- Not a telecommunications service. The Service is not a telecommunications service, and the Company provides it on a best-efforts basis. Important distinctions exist between telecommunications service and the Service offering that We provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
- Operator assisted calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) Services in one or more (or all) Service areas.
- Phone numbers. The phone numbers you obtain from Us for Business Service will not be listed in any telephone directories. Phone numbers transferred from your local phone company may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.
- Compatibility with other devices and systems. The Service may not be compatible with non-voice devices. All non-voice communications equipment, including but not limited to, home security systems or alarm systems that are set up to make automatic phone calls, modems, data modems, any device that relies upon a modem, or other hearing-impaired devices, and medical monitoring devices (“Non-Voice Systems”), are not considered compatible with the Service and may be interrupted or permanently disabled by installation or operation of the Service. You should maintain a telephone connection through your local exchange carrier to use any alarm monitoring functions for any security system installed in your home or business. You are solely responsible for the operation and use of such Non-Voice Systems with the Service, including taking any necessary steps, as permitted under your agreements with the Company, to ensure compatibility between such Non-Voice Systems and the Service.
- Other providers. You authorize the Company to act on your behalf, as your agent, in moving your telephone number and related local and long-distance services from your current provider to the Company or any of its wholesale service providers. You acknowledge that the Company may change wholesale providers from time to time and may move your phone number from one wholesale carrier to another at any time. You acknowledge that the Company will become the customer of record for all phone numbers that We move or “port” to the Service.
- Security. The Service relies upon portions of the public Internet, and third-party networks, to transmit voice and other communications signals. The Company cannot, and does not, guarantee that the Service is secure, or can be used in a secure manner.
- High-Risk Uses. The Service is not fail-safe or designed or intended for use in situations where error-free or uninterrupted service is essential, including uses involving vital communications in which an error or interruption in the Service could lead to injury to business, persons, property, or the environment (“High-Risk Uses”).
REVISIONS, AMENDMENTS, OR MODIFICATIONS TO THESE TERMS
The Company may change this Service Agreement or the Service from time to time by posting a revised version of this Service Agreement Such changes may include, without limitation, increasing the charges for the Service, including any additional features that may be offered in conjunction with the service. Changes will become effective once posted, and your continued use of the Service will constitute your acceptance of any such changes.
TERMINATION OF SERVICE – BUSINESS AND BUSINESS
To cancel or terminate the Company’s Business Service, you must contact our offices at 5597979777 and provide written notice at least ten (30) days before the end of the monthly term in which the notice is given. If you DO NOT notify Us that you are porting (moving) your phone number to a new phone company, we will turn off your KAPOOR IT SOLUTIONS INC. Phone service and terminate billing at the end of the current billing term. If you DO notify Us that you are porting (moving) your phone number to a new phone company, we will be required to leave your KAPOOR IT SOLUTIONS INC. Phone Service active until you or your new phone company notify Us that the port-away has completed. The phone service must remain active until the port-away has occurred or your phone number may be lost. Once we’re notified that the port-away has completed (either by your new phone company or by you returning the Phone Adapter to Us), We’ll turn off your KAPOOR IT SOLUTIONS INC. Phone Service and terminate billing at the end of the current billing term. You are leasing the VOIP equipment, which has a value of $200 per device. The equipment must be mailed or delivered to our corporate offices. It should not be left with a company representative. It should be returned to: KAPOOR IT SOLUTIONS INC. 2167 Shaw Avenue, STE 115 #219 Clovis CA 93611. You authorize the Company and its agents to charge the Equipment replacement to the credit card or bank account on file with the Company if the VOIP device is not returned within 30 days of your notice to cancel. If the Company is unable to obtain a charge authorization for the full amount due, you agree to provide alternative payment in the form of a money order, cashier’s check, or other certified bank check within 7 days of notification of the amount due. You bear all risk of loss of theft of, casualty to or damage to the Equipment; from the time it is shipped to you until the time (if any) when it is returned to Us in accordance with this Agreement.
If you are canceling Service, it is your responsibility to notify Us if you have requested KAPOOR IT SOLUTIONS INC. to port your number from another company and it has not yet completed the porting process. The Company will attempt to cancel the porting of your number to KAPOOR IT SOLUTIONS INC. once you’ve notified Us of your intent to cancel. If the porting has completed, it is your responsibility to notify your new phone provider to port your number from Us.
For Business Services, We reserve the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in Our sole and absolute discretion. If We discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a prorated portion of the final month’s charges. If your Service is terminated on account of your breach of any provision of this Agreement, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.
For Business Services, We reserve the right to suspend or discontinue the Service generally, or to terminate or suspend your Service for failure to rectify a violation of the Service Agreement within 7 days after receiving notice thereof from the Company. If We discontinue the Service generally, or terminate your Service, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated on account of your failure to correct any breach of any provision of this Agreement, you will be responsible for charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable. Service may be suspended by the Company without prior notice if necessary to comply with applicable laws or to preserve the integrity of service to other Customers. If service is suspended without prior notice, the Company will use reasonable efforts to notify Customer of the suspensions and the reason for suspension within one (1) business hour of suspension.
SERVICE REQUIREMENTS AND AVAILABILITY
You must supply certain equipment and facilities, such as a phone handset or equivalent, installed phone wiring and outlets, and a powered electrical outlet. You are responsible for supplying and ensuring that the equipment you supply is compatible with the Service and meets federal and other applicable standards. You represent that you either own your equipment or have the right to use that equipment in connection with the Service. The Company shall have no obligation to provide, maintain, support or service your equipment. If your Internet Access Service is terminated, suspended or disconnected for any reason, the Service will not be available until you reestablish your Internet Access Service with the Company.
911 EMERGENCY SERVICES
Carefully read the information below. By acceptance, and use, of the VOIP Service you acknowledge and accept any limitations of 911/E911 service, and you agree to convey these limitations to all persons who may have occasion to place calls over the VOIP service. If you have any questions about 911/E911, call 5597979777
LIMITATIONS ON 911 EMERGENCY SERVICE: The VOIP Service includes 911/Enhanced 911 functionality (“911/E911”) that may differ from the 911 or Enhanced 911 function furnished by other providers. As such, it may have certain limitations. E911 service includes transmission of your telephone number, and information you provide to KAPOOR IT SOLUTIONS INC. about the physical location of the equipment and facilities that are used to provide your VOIP Service (“Registered Location”). When you dial 911, your emergency services call will be routed to the applicable Public Safety Answering Point, or other applicable emergency services call center, or local emergency authority (“PSAP”). If the PSAP is capable of receiving your telephone number and Registered Location (“E911 Information”), such information will also be conveyed to the PSAP when you dial 911.
REGISTERED LOCATION: USE OF THE VOIP SERVICE FROM A LOCATION OTHER THAN YOURREGISTERED LOCATION MAY CAUSE YOUR 911 CALL OR E911 INFORMATION TO BE ROUTED TO THEWRONG PSAP, MAY CAUSE EMERGENCY RESPONSE PERSONNEL TO BE DISPATCHED TO THE WRONGADDRESS, AND MAY RESULT IN OTHER PROBLEMS WITH ACCESSING AND OBTAINING EMERGENCY SERVICES, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO RECEIVE EMERGENCY SERVICES. AS A RESULT, YOU MUST UPDATE YOUR REGISTERED LOCATION WITH KAPOOR IT SOLUTIONS INC.BEFORE USING THE VOIP SERVICE AT A NEW LOCATION. TO UPDATE YOUR REGISTERED LOCATION, CONTACT KAPOOR IT SOLUTIONS INC. CUSTOMER CARE AT (559) 797 97777. OR BY SENDING AN EMAIL TO SUPPORT@KAPOORITSOLUTIONS.COM
EVEN IF YOU USE THE VOIP SERVICE FROM YOUR REGISTERED LOCATION, TRYING TO CALL 911 OR OBTAIN EMERGENCY SERVICES THROUGH A 911 CALL MAY FAIL FOR A NUMBER OF REASONS,
- POWER FAILURE – IF THERE IS A POWER OR INTERNET OUTAGE OR INTERRUPTION, YOU WILL NOT BE ABLE TO USE THE VOIP SERVICE FOR ANY 911 OR OTHER EMERGENCY CALLS (AFTER SUCH AN EVENT, YOU ALSO MAY NEED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE YOU CAN CALL 911).
- TERMINATION OR SUSPENDED SERVICE – IF YOUR VOIP SERVICE OR INTERNET ACCESS SERVICE IS INTERRUPTED, SUSPENDED OR CANCELLED FOR ANY REASON (INCLUDING DUE TO TECHNICAL PROBLEMS, YOUR FAILURE TO PAY KAPOOR IT SOLUTIONS INC., OR TERMINATION OF THIS VOIP SERVICE AGREEMENT), YOU WILL NOT BE ABLE TO USE THE VOIP SERVICE TO CALL 911;
- TRANSFERRED NUMBER – AS DESCRIBED FURTHER BELOW, IF YOU TRANSFER A TELEPHONE NUMBER FROM YOUR TRADITIONAL TELEPHONE SERVICE, THERE MAY BE A DELAY OR INTERRUPTION IN YOUR ABILITY TO USE THE VOIP SERVICE TO CALL 911;
- UPDATED LOCATION INFORMATION – AS DESCRIBED FURTHER BELOW, IF YOU USE THE VOIP SERVICE AT A NEW REGISTERED LOCATION, IT MAY TAKE SEVERAL DAYS AFTER YOU NOTIFY KAPOOR IT SOLUTIONS INC. OF THE NEW REGISTERED LOCATION BEFORE 911 CALLING OR E911 FUNCTIONS WILL BE AVAILABLE; AND
- TECHNICAL LIMITATIONS – NETWORK CONGESTION, RADIO INTERFERENCE, WEAK WIRELESS SIGNALS, OR OTHER CAUSES OF REDUCED INTERNET ACCESS SERVICE PERFORMANCE MAY PREVENT YOU FROM USING THE VOIP SERVICE TO CALL 911 OR MAY DELAY THE ROUTING OF YOUR 911 CALL OR E911 INFORMATION. YOU SHOULD NOT RELY ON THE VOIP SERVICE AS YOUR PRIMARY METHOD TO OBTAIN EMERGENCY SERVICES. IF YOU DO NOT FEEL COMFORTABLE WITH THESE LIMITATIONS, WE SUGGEST YOU MAKE ALTERNATIVE METHODS AVAILABLE TO CALL 911 OR OTHERWISE OBTAIN EMERGENCY SERVICES, SUCH AS THROUGH A TRADITIONAL TELEPHONE LINE OR A MOBILE PHONE.
LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT KAPOOR IT SOLUTIONS INC. WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911, AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS KAPOOR IT SOLUTIONS INC. AND ITS ASSOCIATED PARTIES FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE SERVICES, INCLUDING THOSE RELATED TO 911/E91YOU ACKNOWLEDGE THAT YOU ARE AWARE OF AND UNDERSTAND THE FOREGOING LIMITATIONS AND AGREE TO ADVISE ALL PERSONS WHO MAY CONDUCT CALLS USING YOUR VOIP SERVICE OF THE SAME.
“REVERSE 911” SERVICE: “Reverse 911” service is a telephonic community notification system that may be used to deliver outbound messages in the event of an emergency. The system employs a combination of database and mapping technologies to allow emergency responders to pinpoint a specific geographic area and deliver the appropriate message to residents in the affected are Certain systems have the ability to call both listed and unlisted phone numbers. Subscribers should contact their local public safety agencies to determine if the number used in the provision of the VoIP Service can be registered with the local public safety agency. The technical limitations associated with the provision of Reverse 911 service are due entirely to the local public safety agency’s network and systems capabilities. The Company shall not be liable for any failures, loss of service, interference, or incompatibility of the VoIP Service and any Reverse 911 service offered by local public safety agencies. Further, the Company offers no warranties, either express or implied, as to the availability of such Reverse 911 services, or their compatibility with the Service.
You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, We determine that you have used the Service or the Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If We believe that you have used the Service or the Device for an unlawful purpose, We may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, KAPOOR IT SOLUTIONS INC. will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and inthe case where failure to disclose the information may lead to imminent harm to the Customer or others.
You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, We determine that you have used the Service or the Device in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. In addition, KAPOOR IT SOLUTIONS INC. will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
Although We encourage you to use the Service to place calls to foreign countries from within the United States, We do not presently offer or support the Service in any countries other than the United States. If you use the Service or the Device outside of the United States, you will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate your Service immediately if We determine, in our sole and absolute discretion, that you have used the Service or the Device outside of the United States. You agree not to: use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e mail, spamming or any duplicative or unsolicited messages (commercial or otherwise); defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; advertise or offer to sell or buy any goods or Services for any non personal purpose; harvest or otherwise collect information about others, including e mail addresses, without their consent; create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other User or usage information or any portion thereof other than in the context of your use of the Service as permitted under this Agreement, and these terms of service; transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs; transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents; interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; host any type of publicly accessible file sharing, gaming, or email server including, but not limited to HTTP, FTP, SMTP, POP3, and Peer-to-Peer; interfere with another member’s use and enjoyment of the Service or another individual or entity’s use and enjoyment of similar Services.
The Company has no obligation to monitor the Service or any User’s use thereof or retain the content of any User session. However, the Company reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company reserves the right to implement reasonable network management practices to ensure service quality levels are maintained.
You agree not to share (or re-sell) the Service with anyone not residing at the Service address.
The Service may be used only at the Registered Location you provide to the Company. If you wish to relocate the Equipment, you must contact the Company for information on Service availability at the new location. If the Service is available at your new location, you must update and register the new location with the Company in order to update our records for the Service and help make 911 services and E911 features available to you. If Service, 911 calling or an E911 feature is not available at the new location, your Service will be terminated or suspended until you return the Equipment to a location with Service, 911 and E911 availability and provide Us updated information for the new location. Using or moving, or attempting to use or move, the Equipment or Service to a location without complying with this Section is a violation of this Service Agreement and you do so at your own risk.
LOCAL NUMBER PORTABILITY
If you are transferring your existing phone number from another service provider for use with the Service, the following terms and conditions also shall apply:
- You will cooperate fully with the Company and provide promptly all information, including a letter of authorization or other documentation, as requested by the Company in connection with the processing of your order for Service.
- You authorize the Company to notify your current telephone service provider of your decision to switch your local, local toll and long-distance services to the Service, and you represent you are authorized to take such actions;
- You acknowledge that if you set up the Service prior to the date that the number switch becomes effective (the “Port Effective Date”), you may be able to place outgoing calls but not receive incoming calls over the Service, and may not be able to make 911 or other emergency calls over the Service, until the Port Effective Date (in such a case, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Effective Date);
- You acknowledge that if the Service is not yet activated as of the Port Effective Date, your existing phone service for the number you are transferring will be disconnected and you will have no service for that line. To help avoid an interruption in your phone service, you should install the Service prior to, or on, the Port Effective Date. An estimate of the Port Effective Date may be sent to you by the Company following your completion of the ordering process, but this is only an estimate and not a guarantee of the Port Effective Date;
- You acknowledge that the Company may use call detail, and customer proprietary network information, for all lawful purposes, including but not limited to actions related to the initiation, rendering, billing and collection of the Service. Further, such actions also include the use of such information for the purposes of testing, verifying, and otherwise assuring that the Service is delivered to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES OR LIABILITIES,AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATED TO:
- DEVELOPING, INSTALLING, OPERATING, PROVIDING, IMPLEMENTING, MAINTAINING OR PARTICIPATING IN A 911 EMERGENCY TELEPHONE SYSTEM OR SIMILAR EMERGENCY SYSTEM OR ENHANCED 911 TELEPHONE SERVICE, INCLUDING WITHOUT LIMITATION(i) RECEIVING, DEVELOPING, COLLECTING, OR PROCESSING INFORMATION FOR E911 DATABASES,(ii) RELAYING, TRANSFERRING, OPERATING, MAINTAINING, OR PROVIDING 911 OR E911 SERVICES OR SYSTEM CAPABILITIES, OR (iii) PROVIDING EMERGENCY TELEPHONE AND RADIOCOMMUNICATIONS FOR AMBULANCE, POLICE AND FIRE DEPARTMENTS;
- INTERFERENCE OR INCOMPATIBILITY WITH OR DISRUPTION OF ANY NON-VOICE SYSTEMS, WHETHER CAUSED BY THE VOIP SERVICE, INTERNET ACCESS SERVICE, ANY EQUIPMENT, OR OTHERWISE;
- ANY LACK OR BREACH OF SECURITY YOU OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE VOIP SERVICE; OR
- USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK USES.
- Our liability under this agreement will not exceed the Service charges for the affected time period. TheCompany will not be responsible for third-party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone or other wire line charges, technician charges, or other similar charges. f.This Section 11, Limitation of Liability, will survive termination or expiration of this Service Agreement, whether terminated by you or the Company, for any reason.
UNLIMITED USE OF SERVICE
The Company offers unlimited local and domestic long distance calling for Business or business use subject to the following limitations. Use of the service, including for any telemarketing purposes, that results in excessive use is strictly limited. The Company determines excessive use according to criteria identified at its sole discretion and control, regardless of prior history. Subscribers that engage in excessive use will, at the Company’s discretion, be subject to immediate termination.
BY USING THE KAPOOR IT SOLUTIONS INC. TELEPHONE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE THE SERVICE.
Please read this Sale Agreement before using this Kapoor IT Solutions, Inc. (“Kapoor IT Solutions”) hardware appliance product (the “Hardware”). By finalizing Your purchase order (or your order under Kapoor IT Solution’s Try and Buy Program), You, as the purchaser of the Hardware from Kapoor IT Solutions (“You” or “Customer”) agree to the terms of this Sale Agreement, and, if applicable, You also agree to bind to the terms of this Sale Agreement any end user (“End User”) on whose behalf You are making this purchase for (Customer and Kapoor IT Solutions are hereafter together referred to as “Parties”). If You and/or the End User, as the case may be, disagree with these terms and conditions, do not finalize Your order, or if the order has been placed, return the Hardware immediately upon receipt without using it.
Payment; Purchase Price and Associated Charges. Payment must be made at the time of order unless otherwise agreed to by the Parties. Customer will pay the total purchase price plus shipping and handling, if any, as specified on the emailed invoice. Customer is also responsible for all taxes related to this purchase and to the import of the Hardware, if applicable, to include but not limited to any and all sales taxes, value-added taxes, import taxes/customs/duties and any other similar taxes imposed by any governmental entity. Moreover, Customer bears the responsibility to report purchases and/or imports as required by local law at their business location and/or at location where the Hardware is delivered by Kapoor IT Solutions.
Title; Risk of Loss. Title to the Hardware passes to Customer when the Hardware is paid for in full. However, Kapoor IT Solutions bears all responsibility for loss of or damage to the Hardware during initial shipment after purchase and until Hardware is received by Customer, unless Customer selects its own mode of shipping. In repair cases, risk of loss is borne by Customer for return of the Hardware, but by Kapoor IT Solutions following repair and upon return to Customer.
Limited Warranties. Kapoor IT Solutions warrants the Hardware against defects in materials and workmanship under normal use (the “Warranty”) for a period of twelve months (12) from the Delivery Date (the “Warranty Period”), on the condition that the Hardware has been completely paid for. Unless as otherwise mandated by local law, the Warranty Period does not restart if Customer receives a replacement appliance and/or replacement software during the RMA process.
Kapoor IT Solutions disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, or against hidden or latent defects. Kapoor IT Solutions’s responsibility for warranty claims is limited to repair or replacement. Kapoor IT Solutions reserves the right to modify this Warranty at any time, at its sole discretion, and with notice to Customer.
Kapoor IT Solutions does not warrant that the Hardware or any networks or systems protected by the Hardware will be free from vulnerability, intrusion, attack, or other damage. Kapoor IT Solutions does not warrant that the operation of the Hardware will be uninterrupted or error-free. Kapoor IT Solutions is not responsible for damage arising from failure to follow instructions relating to the Hardware’s use. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by accident, abuse, misuse, neglect or failure to properly maintain (to include but not limited to water damage and/or condensation or improper temperatures during storage), or improper installation; (d) to damage caused by electrical disturbances or acts of God, to include but not limited to civil disturbance, war, flood, fire, rodents or insects; (e) where manufacturer’s serial numbers have been removed from the Hardware; and (f) to damage caused during shipment (due to Customer’s improper packaging) from Customer to Kapoor IT Solutions in the case of Hardware returns for repair.
This Warranty is voided immediately if repair, modification (to include upgrades, expansions or usage or addition of non-manufacturer parts or accessories), alteration or other service is attempted other than by Kapoor IT Solutions. In this regard, the integrity of the appliance casing (aka the box) should not be violated for any reason, unless expressly authorized by Kapoor IT Solutions in writing.
Technical Support. Kapoor IT Solutions will provide technical support to Customer in accordance with the then-current support policy in effect (see www.Kapoor IT Solutions.com/support) and in accordance with the Warranty provided in section below, unless full payment for the purchase of the Hardware is not received. Kapoor IT Solutions will respond to Customer support problems by phone or by email inquiry (contact information is provided at the support link above). If a support problem cannot be rectified via phone or email, Customer will be provided with return instructions (see the “Repair” section above Support services will be generally be provided in the following languages: English, Czech, German and Russian.
Customer agrees and understands that it may be necessary for Kapoor IT Solutions to collect, process and use Customer data to perform the support and repair obligations identified herein. This may include the necessity to transfer data to affiliate third parties that are contracted with Kapoor IT Solutions to assist in meeting these obligations. In doing so, Kapoor IT Solutions will (i) protect and keep confidential such information, (ii) not use such information for reasons other those discussed above, and (iii) not sell, distribute or pass on such information to any third party.
Repair. The Customer taking delivery of the Hardware from Kapoor IT Solutions (either the Kapoor IT Solutions reseller or distributor, or the end user customer, as the case may be) should carefully inspect the Hardware upon its delivery. Such Customer should maintain all original packaging upon receiving the Hardware until the Hardware has been installed and is found to be in proper working order.
If the Hardware arrives to such Customer damaged or defective at initial delivery (the date of arrival is referred to herein as the “Delivery Date”), such Customer must notify Kapoor IT Solutions Technical Support (contact information is provided on the Kapoor IT Solutions website at www.Kapoor IT Solutions.com/support) within 30 days from the Delivery Date of the condition of the Hardware and obtain return instructions if needed. Hardware must then be returned immediately to Kapoor IT Solutions for repair or replacement at Kapoor IT Solutions’s discretion (on the outside of the box, please write the RMA # (Return Merchandise Authorization) and attach a copy of the RMA form provided on the Kapoor IT Solutions website cited above). Kapoor IT Solutions will then arrange for delivery of temporary or permanent replacement Hardware. Such Customer is responsible for properly packing the return shipment of the Hardware. Kapoor IT Solutions will arrange for shipping and insurance.
If such Customer fails to notify Kapoor IT Solutions within 30 days of the Delivery Date, (i) the Refund Policy below will not apply, (ii) Customer will bear the cost of returning the Hardware for repair, and (iii) damaged Hardware will not be accepted.
If during the Warranty Period (as described above) but following the initial 30 day period the Hardware is not working properly, Customer must contact Kapoor IT Solutions Technical Support to confirm the problem and obtain return instructions if needed. The RMA instructions provided above also apply in this case. Customer will pay shipping and insurance costs when returning the Hardware for repair.
If the Hardware is returned for repair or replacement at any time following purchase by Customer and Kapoor IT Solutions discovers that the Warranty is inapplicable due to the reasons provided above (see the “Limited Warranties” section hereof), the Hardware will not be repaired and will be returned to Customer at Customer’s expense, unless Customer authorizes and pays for repair. Whether Customer authorizes repair or not, Kapoor IT Solutions reserves the right to charge a “No Fault Found” fee where the Hardware is found not to be defective due to any fault of the Kapoor IT Solutions.
Any Kapoor IT Solutions reseller or distributor involved in the purchase of the Hardware is not authorized to make any modification, extension, or addition to the Limited Warranties provided by Kapoor IT Solutions herein, although any such reseller or distributor may provide its own warranty in addition to the warranty coverage provided by Kapoor IT Solutions.
Since the Hardware is designed to use software programs, data and other information, Customer is advised to make periodic backup copies of the software installed by Customer and of any information contained on the Hardware’s hard drive or other storage media to protect the contents and as a precaution against possible operational failures. Before Customer returns Hardware for repair, Customer is advised to keep a separate backup copy of software and content, and must disable any security passwords. It is possible that the contents of Customer’s hard drive will be lost or reformatted in the course of repair, and Kapoor IT Solutions and/or its agents are not responsible for any damage to or loss of programs, data or other information contained on the media or any part of the Hardware serviced, nor to any accessories, parts or external devices installed by Customer. Hardware or a replacement product will be returned to Customer configured as when originally purchased, subject to applicable updates. Customer will be responsible for reinstalling all other software programs, data and passwords. Recovery and reinstallation of software programs and user data are not covered under the warranty provided herein.
Refund Policy and Product Return. On a case-by-case basis, Kapoor IT Solutions reserves the right to authorize a full refund of any Hardware purchase made where a refund is requested within 30 days of the Delivery Date. In such cases where a refund is approved, End User will return the Hardware to the Kapoor IT Solutions distributor or reseller which ordered the product or directly to Kapoor IT Solutions if the End User made such order itself. If the Hardware was ordered by a distributor or reseller, such distributor or reseller will coordinate with Kapoor IT Solutions for the return of the Hardware. In either case, Customer is responsible for shipping and insurance charges and any damage to the Hardware which takes place en route to Kapoor IT Solutions. Kapoor IT Solutions reserves the right to charge a nominal re-stock fee for any such returns.
Limitation of Liability. Kapoor IT Solutions is not liable under any other agreement between End User and a Kapoor IT Solutions reseller or distributor for the provision of support (to include but not limited to an extended warranty or any support, service or repair agreement).
If found to have breached this Sale Agreement, Kapoor IT Solutions is not liable for any amount above the aggregate dollar amount paid by Customer for the purchase of the Hardware under this Sale Agreement. Except as provided in the Warranty and to the extent permitted by law, Kapoor IT Solutions is not responsible for indirect, special, incidental or consequential damages resulting from any breach of this Sale Agreement, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data or software programs; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with the Hardware and any failure to maintain the confidentiality of data stored on the product. The foregoing limitation shall not apply to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions.
Not For Resale. The Hardware may not be purchased for resale purposes by Customer unless Customer is a legal and authorized reseller of Kapoor IT Solutions products.
High Risk Uses. Customer will not knowingly purchase the Hardware for usage in connection with any high risk or strict liability activity (including, without limitation, air travel, space travel, firefighting, police operations, vehicle operations, power plant operations or power generation applications, transport management systems, military operations, rescue operations, hospital and medical operations or the like) whereby such usage could cause or contribute to damage to property or injury to persons.
Hardware Disposal/Recycling. Kapoor IT Solutions will recycle the Hardware following its use, upon request. Accordingly, End User may arrange for the recycling the Hardware through the Kapoor IT Solutions distributor or reseller which made the Hardware sale. Any disposal or recycling of the Hardware must be done in accordance with local government directives.
Export. Customer must comply with all export laws and restrictions and regulations (i) of the United States Department of Commerce (see www.bis.doc.gov/licensing/exportingbasics.htm), the United States Department of Treasury Office of Foreign Assets Control, or other United States or agencies or authorities, and (ii) of the country or countries in which Customer resides, is doing business in, is exporting to or alike. Furthermore, Customer will not export, or allow the export or re-export of the Hardware in violation of any such restrictions, laws or regulations. Additionally, Customer agrees to comply with the above and represents and warrants that it is not located in, under the control of, nor a resident of any restricted country.
Entire Agreement. This Sale Agreement constitutes the entire understanding of the Parties as to the subject matter hereof and supersedes all prior offers, agreements, arrangements, negotiations and understanding, written or oral between the parties relating to that subject matter.
Severability; Assignment. If any provision of this Sale Agreement is held to be unenforceable for any reason, the legality or enforceability of the remaining terms shall not be affected or impaired. The failure of Kapoor IT Solutions to act with respect to a breach of this Sale Agreement by Customer or others does not constitute a waiver and shall not limit Kapoor IT Solutions’s rights with respect to such breach or any subsequent breaches. Kapoor IT Solutions expressly reserves the right to assign this Sale Agreement and to delegate any of its obligations hereunder. Customer may not assign, delegate or otherwise transfer (whether by operation of law or otherwise) this Sale Agreement or any of Customer rights or obligations hereunder without the prior written consent of Kapoor IT Solutions. Kapoor IT Solutions may assign the provision of repair services to third parties.
Governing Law; Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this Sale Agreement or to a breach thereof, including its interpretation, performance or termination, shall be finally resolved by arbitration. The arbitration shall be conducted in English and in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services (JAMS), which shall administer such arbitration. The arbitration, including the rendering of the award, shall take place in Santa Clara County, California, USA. For the purposes of this arbitration, this Sale Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California, USA. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrators shall be executory, and judgment thereon may be entered by any court of competent jurisdiction.
Notwithstanding anything contained in this Section, either party has the right to institute judicial proceedings against the other party or anyone acting by, through or under such other party in order to enforce the instituting party’s rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief.
Any non-english language translation of this Hardware Sale Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Sale Agreement shall govern
Questions. If You have any questions regarding this Sale Agreement, please contact support@Kapoor IT Solutions.com.
Scope of service
Description of Services
This MSA offering includes device monitoring and remote services intended for proactively maintaining and managing the Client’s PC’s, servers, network connectivity, and functionality of the Microsoft Operating System and Microsoft Office software environments. Client will utilize KAPOOR IT SOLUTIONS INC.’s Service Desk during the
hours outlined herein, for remote administration and problem resolution on the components covered under this agreement.
Fees and Payment Schedule
Client agrees to pay the fees for Services in accordance with the fee schedule attached hereto, or, if different, in accordance with any applicable Statement of Work. Unless otherwise specified in the applicable Statement of Work, Client shall reimburse KAPOOR IT SOLUTIONS INC. for all actual expenses incurred by KAPOOR IT SOLUTIONS INC. in the course of performing the Services hereunder and evidenced by receipts provided to Client (“Expenses”). KAPOOR IT SOLUTIONS INC. may modify its fee schedule from time to time. Any such modified fee schedule shall be effective thirty (30) days following written or email notice from KAPOOR IT SOLUTIONS INC. to Client.Fromtime to time in the performance of Services, it may be necessary for KAPOOR IT SOLUTIONS INC. to replace existing hardware, provide software, and/or provide new hardware for installation and/or use by Client. Client agrees to pay the purchase price for all such hardware to KAPOOR IT SOLUTIONS INC. as such purchase price has been specified in an applicable Statement of Work or other writing such as a purchase order.Unless otherwise specified in the applicable Statement of Work, KAPOOR IT SOLUTIONS INC. will invoice Client on a monthly basis (“Invoice Period”) for the Services furnished, expenses incurred, and hardware furnished during theimmediatelypreceding Invoice Period. Invoices for Services rendered on a time-and-materials basis will indicate a breakdown and distribution of charges. Statements of Work for Services rendered on a fixed-fee basis will indicate the basis upon which the fees are due and payable (e.g., milestones achieved or date passing). All invoices shall be due and payable to KAPOOR IT SOLUTIONS INC. in U.S. dollars within thirty (30) calendar days after the invoice date. All amounts not paid within thirty (7) days of the invoice date shall thereafter accrue a penalty, until paid, at the lesser of 10% per month or the maximum rate permitted under applicable law. Once any invoice has not been paid within the thirty (30) day period specified above, then thereafter. KAPOOR IT SOLUTIONS INC. may condition provision of any Services under this Agreement to Cash On delivery or other payment terms acceptable to KAPOOR IT SOLUTIONS INC..
Except as may be otherwise provided in a Statement of Work, professional services shall be on time and materials basis and Client will be charged for all time spent on Client’s behalf. This includes time spent in conferences and meetings with Client and internal meetings of KAPOOR IT SOLUTIONS INC. personnel, preparation and research,preparing and updating documentation, project management, telephone support, and any other activity KAPOOR IT SOLUTIONS INC. deems necessary or appropriate to accomplish the work requested by the client. Furthermore, the parties agree as follows:
• Client will be billed for travel time to have KAPOOR IT SOLUTIONS INC. technical resources physically go to the client’s site to provide services.
• Phone and remote support to be tracked in fifteen (30) minute increments, rounded to the nearest fifteen(15) minute mark with a fifteen (30) minute minimum time per support request.
• Service requested by the Client to be provided on an emergency basis and/or outside of normal business hours will be billed at the lesser of one and one-half (1.5) times the normal business hours hourly rate, or $187.50 per hour.
• For purposes of this agreement, normal business hours shall mean 8 am to 5 pm, Monday through Friday,excluding normal holidays.
• On-site service to be tracked in One (1) Hour increments, rounded to the nearest One (1) Hour mark with aone (2) hour minimum charge per visit.
Notwithstanding the foregoing, KAPOOR IT SOLUTIONS INC. may from time to time offer Client the opportunity to purchase blocks of prepaid hours at a reduced hourly rate (see Fee Schedule). Service can be charged against any prepaid hours under this Agreement until the total number of hours has been used for services. For services outside
normal business hours and emergency services, prepaid hours shall be applied at 1.5 times the number of hours ofservice.
Term and Termination
This Managed Support Agreement automatically renews for a subsequent one-year term beginning on the day immediately following the end of the Initial Term (the monthly fee will be adjusted to the then current published rates), unless either party gives the other ninety (90) days prior written notice of its intent not to renew this
• This Agreement may be terminated by the Client upon ninety (90) days written notice if the Service Provide.
• Fails to fulfill in any material obligations under this Agreement and does not cure such failure within thirty (30) days of receipt of such written notice.
• Breaches any material term or condition of this Agreement and fails to remedy such breach within thirty (30) days of receipt of such written notice.
• Terminates or suspends its business operations, unless it is succeeded by a permitted assignee under this Agreement.
• This Agreement may be terminated by the Service Provider without cause upon ninety (90) days written notice to the Client.
• If either party terminates this Agreement, Service Provider will assist Client in the orderly termination of services at the standard billable rate, including timely transfer of the services to another designated provider. Client agrees to pay Service Provider the actual costs of rendering such assistance.
It is understood that any Federal, State or Local Taxes applicable shall be added to each invoice for services or materials rendered under this Agreement. Client shall pay any such taxes unless a valid exemption certificate is furnished to Service Provider for the state of use.
It is understood that any Federal, State or Local Taxes applicable shall be added to each invoice for services or materials rendered under this Agreement. Client shall pay any such taxes unless a valid exemption certificate is furnished to Service Provider for the state of use.
It is understood that any Federal, State or Local Taxes applicable shall be added to each invoice for services or materials rendered under this Agreement. Client shall pay any such taxes unless a valid exemption certificate is furnished to Service Provider for the state of use.
Remote Service Desk and Management of Client’s IT infrastructure will be provided to the Client by KAPOOR IT SOLUTIONS INC. through remote means between the hours of 8:00 AM – 5:00 PM (Pacific Standard Time) Monday through Friday, excluding public holidays. Network and Application Monitoring Services will be provided 24/7/365. All services qualifying under these conditions, as well as Services that fall outside this scope will fall under the provisions
of Appendix B.
Support and Escalation
KAPOOR IT SOLUTIONS INC. will respond to Client’s Support Tickets under the provisions of Appendix A, and with best effort after hours or on holidays. Service Tickets must be opened by Client’s authorized designated I.T. contact person(s), by email to the Service Desk, or by phone if email is unavailable. Each call will be assigned a Service Ticket number for tracking through the resolution process. The ticket escalation process is detailed in Appendix A.
Service Outside Normal Working Hours
Emergency services performed outside of the hours of 8:00 AM – 5:00 PM Monday through Friday, excluding public holidays, shall be subject to provisions of Appendix B.
Service Calls Where No Trouble is found
If Client requests onsite service and no problem is found or reproduced, Client may be billed at the current applicable rates as indicated in Appendix B.
Pricing of Non-Covered Equipment Services
Labor rates and miscellaneous charges shall be at KAPOOR IT SOLUTIONS INC.’s published prevailing rates. These rates apply to services performed during normal business hours 8 AM to 5 PM Monday through Friday. Services performed after hours may be billed at one and one-half (1.5) times the specified rate. Weekend rates may be billed at two (2) times the specified rate.
• Labor rates and miscellaneous charges shall be at KAPOOR IT SOLUTIONS INC.’s published prevailing rates. These rates apply to services performed during normal business hours 8 AM to 5 PM Monday through Friday. Services performed after hours may be billed at one and one-half (1.5) times the specified rate.
Weekend rates may be billed at two (2) times the specified rate.
• A minimum of half hour (30 Minutes) will be charged for each call to the Service Desk when remote service technologies are used for non-covered services. All time billed on the Service Desk will be assumed to be approved, as Client is involved with or has authorized this process. If Service Desk personnel are unable to
resolve the issue, an Engineer will be dispatched to the Client location. Standard billable rates may apply to the on-site service call.
• All services shall be performed during Service Provider’s normal working hours. However, if Client requests work to be performed during non-working hours, Service Provider will use its best efforts to provide such services.
Hardware/System Support KAPOOR IT SOLUTIONS INC. Consulting, Inc. shall provide support of all hardware and systems specified in Appendix C, provided that all Hardware is covered under a currently active Vendor Support Contract; or replaceable parts be readily available, and all software be genuine, currently licensed and VendorSupported. Should any hardware or systems fail to meet these provisions, they will be excluded from this Service Agreement. Should 3rd Party Vendor Support Charges be required in order to resolve any issues, these will be passed on to the Client after first receiving the Client’s authorization to incur them. Hardware costs of any kind are not covered under the terms of this Agreement. Under this agreement, the Client is entitled to coverage of the supported devices as defined in Appendix C.
KAPOOR IT SOLUTIONS MANAGED BACKUP SERVICES (“Kapoor IT Solutions”)
Kapoor IT Solutions Service Descriptions. Information specific to Kapoor IT Solutions is available online at Kapoor IT Solutions.com/legal. Backup Cloud Retention and Use. Data associated with backup Equipment enrolled in any plan that provides for data to be backed-up to a third-party hosting provider retained by Kapoor IT Solutions (a “Cloud Offering”) will be retained, as specified in the applicable retention length selected with the purchased service plan, for as long as the Equipmentis under an active subscription for which payments are current. If a subscription terminates, Kapoor IT Solutions reserves the right to delete, after sixty(60) days, the backed-up data in the Cloud Offering associated with Customer’s Equipment. It is Customer’s responsibility, during this period, at Customer’s expense, to request a copy of the data if Customer would like to retain a copy of the backedup data in the Cloud Offering associated with Customer’s Equipment.
Customer may contact Kapoor IT Solutions support for further information. Kapoor IT Solutions reserves the right to limit backup usage with the Cloud Offering if Kapoor IT Solutions determines there is activity or usage that:
• adversely impacts Kapoor IT Solutions, its vendors, or other customers.
• results in excessive bandwidth or storage usage; or
• harms, disrupts, or otherwise diminishes the Kapoor IT Solutions brand, services, network, or any computer
RECOMMENDED PRACTICE IMPLEMENTATIONS, EQUIPMENT ENVIRONMENT, AND DISCLAIMER ON CONFIGURATION CHANGES.
Kapoor IT Solutions reserves the right to refuse Customer requests for non-supported administrative configurations of Kapoor IT Solutions deployments. If the local environment in which the Equipment is located is causing performance issues to the Equipment supported by Kapoor IT Solutions, or if any modifications to configurations are made by Customer or any agent of Customer that may cause the need for Kapoor IT Solutions to remediate and/or restore prior configurations, then that time would be billable at Kapoor IT Solution’s standard time-and-material (“T&M”) rates. 3. TERMINATION. Customer may reduce “Kapoor IT Solutions” without incurring early termination fees. In the event of termination of any other Kapoor IT Solutions subscription services prior to the end of the Service Term, see Section 4 of the Terms and Conditions to the Master Services Agreement.
• Any additional devices added to program will affect the monthly pricing and new pricing will be agreed upon by Client and Service Provider. The monthly pricing will be automatically updated with the addition of each device.
• Client is responsible for informing Service Provider of changes to the number of devices supported within five (5) business days.
Virus Recovery for Current, Licensed Antivirus protected systems Attempted recovery from damages caused by virus infection not detected and quarantined by the latest Antivirus definitions is not covered under the terms of this Agreement. This Service is limited to those systems protected with a currently licensed, Vendor-supported Antivirus solution. Monitoring Services KAPOOR IT SOLUTIONS INC. will provide ongoing monitoring and security services of all critical devices as indicated in Appendix B. Service Provider will provide monthly reports as well as document critical alerts, scans and event resolutions to Client as requested. Should a problem be discovered during monitoring, Service Provider shall make every attempt to rectify the issue in a timely manner through remote means. Connectionsto Work Resources from any device Not on Asset Inventory KAPOOR IT SOLUTIONS INC. will provide setup of connections to work resources from personal or non-asset devices. Any devices used to access work resources must meet the Minimum Standards as set by the Software Vendors, as well as the Minimum Standards as set by KAPOOR IT
SOLUTIONS INC.. Supporting these personal devices is not included in this agreement and will be billed separately at
the rate listed in Appendix B.
Suitability of Existing Environment
Minimum Standards Required for Services
In order for Client’s existing environment to qualify for Service Provider’s Managed Network Services, the following requirements must be met:
• All Servers with Microsoft Windows Operating Systems must be running Windows 2016 Server or newer, and have all of the latest Microsoft Service Packs and Critical Updates installed.
• All Desktop PC’s and Notebooks/Laptops with Microsoft Windows Operating Systems must be running Windows 10 or later, and have all of the latest Microsoft Service Packs and Critical Updates installed.
• All Server and Desktop Software must be genuine, licensed and Vendor-Supported.
• The environment must have a currently functioning, licensed, up-to-date and Vendor-Supported Serverbased Antivirus Solution protecting all Servers, Desktops,Notebooks/Laptops, and Email.
• The environment must have a currently functioning, licensed, Vendor-Supported Server-based backup solution that can be monitored, and send notifications on job failures and successes.
• The environment must have a currently licensed, Vendor-Supported Hardware Firewall between the Internal Network and the Internet.
• All Wireless data traffic in the environment must be securely encrypted.
• There must be an outside static IP address assigned to a network device, allowing RDP or VPN access as needed.
• Workstations must be no older than three (3) years, and Servers and Networking Hardware must not be older than five (5) years.
• Best effort must be given to keep equipment in compliance with industry standards (HIPAA, PCI), this includes (but is not limited to) log retention and reporting,storage encryption of remote equipment, and email encryption.
(Costs required to bring Client’s environment up to these Minimum Standards are not included in this Agreement.)Managed Support AgreementExcluded Services
Services rendered under this Agreement do not include any of the following:
• New hardware/software, and associated implementation labor, service parts, shipping charges and after hour emergency response are excluded under this agreement (items must be added to contract before coverage begins).
• Parts, equipment or software not covered by vendor/manufacturer warranty or support.
• The cost of any Software, Licensing, or Software Renewal or Upgrade Fees.
• The cost of any 3rd Party Vendor or Manufacturer Support or Incident Fees.
• The cost to bring 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
• Service and repair made necessary by the alteration or modification of equipment other than that authorized
by KAPOOR IT SOLUTIONS INC., including alterations, software installations or modifications of equipment
made by Client’s employees or anyone other than KAPOOR IT SOLUTIONS INC..
• Maintenance of Applications software packages, whether acquired from KAPOOR IT SOLUTIONS INC. or any other source unless as specified in the Scope of Service or Appendix C.
• Programming (modification of software code) and program (software)maintenance unless as specified in the Managed Support Agreement or Appendix C.
• Training services of any kind
TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions”) govern the use of www.kapooritsolutions.com (the “Site”). This Site is owned and operated by Manish Kapoor. ThisSite is a it consulting.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
All content published and made available on our Site is the property of Manish Kapoor and the Site’s
creators. This includes, but is not limited to images, text, logos, documents, downloadable files and
anything that contributes to the composition of our Site.
Limitation of Liability
Manish Kapoor and our directors, officers, agents, employees, subsidiaries, and affiliates will not be
liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your
use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless Manish Kapoor
and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims,
losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your
violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of California.
Subject to any exceptions specified in these Terms and Conditions, if you and Manish Kapoor are
unable to resolve any dispute through informal discussion, then you and Manish Kapoor agree to
submit the issue before an arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and Manish Kapoor. The costs of any arbitration will be shared equally between you and Manish Kapoor.
Notwithstanding any other provision in these Terms and Conditions, you and Manish Kapoor agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these
Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with
the law and to reflect any changes to the way we operate our Site and the way we expect users to
behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a
notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are as follows:
You can also contact us through the feedback form available on our Site.
Kapoor IT Solutions 2021 Hourly Rates
|Tech Level/Work Level
|Tier One – L1
|L1 Technicians resolve many day-to-day issues, handle some business issues and make some improvement recommendations to clients.
|Tier Two – L2
|L2 Technicians are similar to Tech Level L1 Technicians but have additional and significantly advanced experience.
|Tier Three – L3
|L3 Engineers have accelerated experience in complex systems, network management, and trouble shooting.
|Specialists are experts in specific technologies used by a client. They have specialized knowledge around specific applications, tools, and systems and understand the best practices for implementation and support.
|Consultants do system design, complex project management, long term IT planning, handle nearly all of the most difficult technical issues, and assist clients with some business issues.
|Principals are experienced business executives who are capable of running a business or large IT department, managing large-scale projects,
and being responsible for every IT issue a client has.