The terms and conditions governing our IT support and maintenance services
The service will contain the following components and/or services:
Granular IT LTD will endeavor to solve technical problems via phone support before instigating a call-out. Phone support can be used to solve problems via a VPN connection, or by guiding The Customer's personnel. Inclusive phone support is unlimited.
Granular IT LTD will arrange a mutually suitable time for the visit. Additional site visits requested will be charged at the agreed rate of £119.00 per hour.
Services performed during on-site visits dependent on network and software
Dependent on The Customer's system and software
Dependent on The Customer's system and software
Customers of the Service, as part of this agreement in which the services they will receive are detailed, also have some responsibilities:
Report desktop computer problems, using the problem reporting procedures detailed in this agreement, including a clear and accurate description of the problem
The Customer will make all reasonable effort to avoid the introduction of viruses into the system or files
Provide input on the quality and timeliness of service
Recognize when software testing or non-standard software installation on their PC is causing problems that interfere with standard business functions and impede support
Accept installation of Granular IT LTD software in standard directories
On calling the help desk the problem will be placed into one of the following categories:
Minor user problems affecting a single user
Problems causing major disruption to a single user
Server fault affecting a large number of users causing major disruption to the client's operation. If this problem cannot be resolved over the phone Granular IT LTD will endeavor to respond within the following times:
The response does not indicate the time to resolution. Granular IT LTD will aim to give an approximate indication of the problem and the duration after an initial assessment but only where the problem can be clearly identified. The effectiveness of the maintenance service or any technical support given under this agreement will depend on The Customer making daily backups of the data, having a good back-up system and a standard platform.
Granular IT LTD shall provide Services to the Customer under this agreement between the hours of 9.00 am until 6:00 pm on business days.
Granular IT LTD may provide Services to the Customer outside such office hours at its discretion, but shall be under no obligation to do so.
Services include, but are not limited to:
Unlimited, telephone, and remote online support
Install patches, fixes, and updates to the operating system and/or servers; install additional software packages to the operating system or server; install patches, fixes, and updates to additional software packages
Maintain adequate protection and safeguard Customer against virus, Trojan, spyware (the "Protections") or any other unauthorized intrusion Customer may specify
Develop policies and procedures for updating protections
Evaluate and make recommendations to Customer regarding Network Security, Protections, or any other concerns Granular IT LTD may have in order to safeguard Customer's Network, Workstations, Computers, or other related systems
Provide consultation and installation Services for any new projects or tasks that Customer requests of Granular IT LTD
Provide disaster recovery from backup
Offer general advice and guidance to Customers' employees or end-users, and make recommendations to Customers concerning their systems and software
Liaise with hardware engineers and customer support, or other services or entities related to the maintenance and upkeep of Customer's systems and software
Granular IT LTD shall not be responsible for the following:
Liaising with billing and/or accounting on matters related to payment for software, licenses, Services, or other items unless directly provided by or acquired for Customer by Granular IT LTD
Fixing errors and omissions contained in any third-party resource outside of the direct control of Granular IT LTD, unless otherwise specified
The Agreement will last for the initial period of one calendar year from commencement, and shall be automatically renewed on each anniversary of commencement on continued payment of Maintenance Fees in accordance with this Agreement and shall remain in force until expiry or earlier termination by either party in writing to the other by not less than 3 months notice or otherwise in accordance with this Agreement.
The Customer will be able to terminate this Agreement within the first 60 days from commencement if there are reasonable grounds and a written complaint has been sent to the Granular IT LTD account manager. Appropriate time, as determined by the Granular IT LTD must be given to resolve any complaints before the Granular IT LTD shall accept termination.
Either party may terminate the contract if a receiver or administrative receiver is appointed over the other party. If either party is in material breach of this Agreement the other party has the right to terminate this Agreement immediately, provided that written notice of the breach has been given to the party in breach and the breach has not been remedied within a period of 28 days from such notice.
Granular IT LTD shall have ownership of all Granular IT LTD materials. "Granular IT LTD Material" consists of all copyrightable materials that do not constitute Services or Work Product, materials that are solely owned by Granular IT LTD ("Pre-existing works") or licensed to Granular IT LTD, and materials that are incorporated into the Work Product or a part of the Services.
Notwithstanding the above, Granular IT LTD hereby grant Customer an unrestricted, nonexclusive, perpetual, fully paid-up worldwide license for the use or for the sublicense of the use of any Granular IT LTD Material employed under this Agreement.
For all of Granular IT LTD Services under this Agreement, the Customer shall compensate Granular IT LTD by BACS or Direct Debit, pursuant to the terms of Schedule A.
In the event Customer fails to make any of the payments referenced in Schedule A by the deadline set forth in Schedule A, Granular IT LTD have the right, but are not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement (breach), (2) immediately stop all Services, (3) bring legal action.
Customer and Granular IT LTD acknowledge and agree that the Specifications and all other documents and information related to the performance, production, creation or any expression of the Services or Work Product are the property of Customer. Materials shared between Granular IT LTD and Customer (the "Confidential Information") including, but not limited to, documentation, product specifications, drawings, pictures, photographs, charts, correspondence, supplier lists, financial reports, analyses, and other furnished property shall be the exclusive property of the respective owner (the "Owning Party") and will constitute valuable trade secrets.
Granular IT LTD warrants the Services or Work Product(s) will conform to the Specifications. If the Services or Work Product do not conform to the Specifications, Granular IT LTD shall be responsible for correcting the Services or Work Product without unreasonable delay, at Granular IT LTD's sole expense and without charge to Customer.
Customer waives any other warranty, express or implied. Customer waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of the consideration paid to Granular IT LTD. No action may be brought by either party more than one year after the cause of action has occurred. In no event shall Granular IT LTD be held liable for consequential damages.
Granular IT LTD may need to install certain software on the Customer's system to allow remote access and administration. Granular IT LTD is responsible for informing the Customer if there are licensing issues involved in this.
The customer is entirely responsible for all its licensing requirements on all existing software and on that the Consultant has been requested to install in the course of its duties. If in the course of its duties Granular IT LTD ascertains that certain pieces of software are operating without the correct licenses then the Customer warrants that it will take all necessary steps to rectify the situation.
This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.
This Agreement shall be binding upon and inure to the benefit of Customer and Granular IT LTD and their respective successors and assigns, provided that Granular IT LTD may not assign any of their obligations under this Agreement without the Customer's prior written consent.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
In the event Customer fails to make any of the payments set forth on Schedule A within the time prescribed in Schedule A, Granular IT LTD has the right to withhold Services, remove Work Product from Consultant-owned resources, or seek legal remedy until payment is made in full, plus accrued late charges of 4% above bank rate and payable on demand.
Customer warrants that everything Customer gives Granular IT LTD in the execution or performance of Services or the creation of any and all Work Product is legally owned or licensed to Customer. Customer agrees to indemnify and hold Granular IT LTD harmless from any and all claims brought by any third party relating to any aspect of the Services or Work Product.
Granular IT LTD is not responsible for any downtime, lost files, equipment failures, acts of nature, or any damage resultant from activities considered beyond the control of Granular IT LTD, such as war, riots, natural disasters, vandalism, and other events.
Need clarification on any of these terms and conditions? Our team is here to help explain our service agreement.
