Service Terms

CIS reserves the right to change the following terms and conditions at any time with an e-mail notice to clients. Last Revision: 01-20-2009
Computer Integrated Solutions provides business computer consulting services in consideration for monetary compensation and sustained billing services every month or per project.
Terms
1- Minimum Charges: Unless otherwise stated in your contract, all site visits are subjected to a 1 (one) hour minimum charge and will be charged at 15 (fifteen) minutes increment.  All remote support calls are subject to 15 (fifteen) minutes minimum charge and will be charged at 15 (fifteen) minutes increment.
2- Service Timeframe: For clients with service contracts, CIS will provide immediate support or at a minimum a call back for all properly opened tickets based on the agreed upon Service Level Agreement (SLA) unless client agrees to schedule the visit, if a technician’s presence is required onsite, CIS will dispatch a technician and minimum charges will incur.
3-Termination:The Client and or CIS have the right to terminate a contract at any time with a written 30 day notice. Unless otherwise specified in the contract, in case of the client terminating the contract, the client agrees to pay a termination fee equals to the remaining unpaid terms of the contract, meaning that the client is fully responsible for the monthly fees for the full term of the contract, in addition to all time and expenses spent in preparing the client network to accept CIS service.
4- Fees: CIS has the right to increase the service fees at any time with a 30 day written notice to the client. If client does not agree to the increased fees the client has the right to terminate the contract without penalty after settling all balances with CIS.
5- Terms for Services are prompt. Payments are due upon receipt. Payments received more than 20 days late are subject to a $55 late charge per invoice. Computer Integrated Solutions reserves the right to deduct late fees from Client’s retainer deposit. In addition, Computer Integrated Solutions reserves the right to stop all work, until the account is brought current, in the event that any Client invoice is more than 30 days past due. Client agrees to bear full responsibility and reimburse Computer Integrated Solutions for any and all collection costs incurred by Computer Integrated Solutions due to Client’s non-payment or late payment of fees and other costs enumerated herein. Such collection costs may include but are not limited to, attorney fees and court costs.
6- Witholding of Client’s Property: In case of an unpaid balance, CIS reserves the right to hold posession or re-gain posession of all equipment, software, and documents ordered or installed on client’s site, in addition CIS has the right to dismantle any hardware and software already installed until payment is rendered.  Cost of re-mounting hardware and software will be charged to client.
7- Software Licensing – Computer Integrated Solutions does not support unlicensed software. Client represents that all installed software is licensed. In the event that Client has any unlicensed software on premises, Client is responsible for notifying Computer Integrated Solutions of such so that a remediation plan can be prepared and implemented to assist Client in achieving 100% license compliance. All software developed by CIS for all clients is the sole property of CIS. The client only holds a license to use the software to achieve their means. Client agrees not to alter, change, nor customoze any and all code residing on servers, PC, or any devices in any manner without the explicit approval of CIS. CIS is the sole owner of the code and methodologies used to develop the software. CIS holds all rights to all intellectual properties for all codes developed by CIS.
8- Recruiting or Hiring of Computer Integrated Solutions Staff and Contractors (Associates) – Client agrees to not recruit or hire or retain any of Computer Integrated Solutions Employees and Contractors (herein “Associates”) for employment or work of any kind, either as an employee or an independent contractor, except through Computer Integrated Solutions during the duration of Computer Integrated Solutions servicing Client and for a period of 2 years thereafter. The 2 year period starts on the day following the last day that the associate had rendered service to CIS. In addition, Client recognizes that because of the substantial recruitment and training costs in the Information Technology industry, Client agrees that liquidated damages for such a breach will be 100% of the staff member’s or contractor’s then current annualized compensation, subject to a $50,000 (Fifty Thousand Dollars) minimum in addition to all costs of reasonable legal fees associates with CIS’ efforts to attain such results.
9- Accountability and Change Management – In order to maximize accountability for ensuring the ongoing security, reliability and performance of Client’s network, Client agrees that all packaged (“off the shelf” or “shrink-wrapped”) and custom software being added to the network will be reviewed and tested by Computer Integrated Solutions. Client also agrees that the nominal expense associated with testing software, prior to deployment on the production network, is minimal relative to the potential exposure of introducing untested software into a “live” environment. In the event that there are additional costs or difficulty in getting a software vendor’s cooperation in this respect to securing software media, license keys, or documentation, one of the Principal Contacts listed on the contract agrees to intercede to secure the software vendor’s cooperation. In addition, Client recognizes that risk is minimized when Computer Integrated Solutions evaluates planned software purchases prior to committing to a purchase decision. Please note that there is a 1-hour minimum for lab testing of industry specific software. In the event the Client chooses to bypass this recommended course of due diligence, Client agrees that Computer Integrated Solutions cannot be held responsible for unplanned or untested changes or additions to the network. Computer Integrated Solutions will give Client the option of having Computer Integrated Solutions attempt to repair the problem depending on the nature of the emergency and the level of skill required to solve the problem.
10- Sanctity of Administrator Password – Client agrees that all reasonable attempts will be made to ensure only authorized and properly trained Client employees have knowledge of the current administrator password(s). CIS recommends that a minimum of two Client employees, but no more than three, be entrusted with this responsibility. In addition, Client agrees that these authorized employees who have access to administrator password(s) will be available for both initial and ongoing training with Computer Integrated Solutions staff.
11- Fee for Change Orders – Any projects exceeding 5 hours in duration require a substantial amount of advanced Computer Integrated Solutions staff scheduling, project management, account creation and/or product procurement to ensure that project stays on schedule. Thus once Client has committed to a project start date and timetable, it becomes extremely disruptive to reschedule necessary staff and contractor resources. Re-scheduling almost always results in unsold “inventory” of hours that Computer Integrated Solutions is forced to absorb. As a result, any Change Orders that require rescheduling more than either 3 on-site appointments, or more than 20 project hours, are subject to a Change Order fee of 10% of the total services estimated for the project, subject to a $ 500 minimum. In the event that any project requires an additional round of re-scheduling of more than 4 on-site appointments (or more than 32 project hours), each additional Change Order generated will be subject to the same fee structure described above. All Change Order fees are due upon receipt. Nonpayment of these fees within 20 days of Change Order date will result in immediate stoppage of project. Computer Integrated Solutions reserves the right to deduct these fees from Client retainer deposit.
12- Risk of Data Loss — Client assumes all risk of data loss resulting from any and all hardware or software failure, this includes failures of performance due to space and bandwidth.  Client agrees to bear full responsibility for all data backup prior to any repair or service of computer hardware, software or other equipment by Computer Integrated Solutions. Client hereby releases Computer Integrated Solutions from any claim or liability related to data loss for any reason.  In case it is determined that loss of data was caused by CIS error, Client agrees that CIS liability would only be to restore the data from a backup if one exists.  At no time will CIS be responsible for any costs other than CIS’s staff restoring data, CIS is not responsible for any cost of loss of production or intellectual property.
13- Computer Viruses: For Clients were CIS is responsible for Antivirus updates, CIS will take all reasonable measures to protect Client’s computer systems from computer viruses, including installation and maintenance of the latest versions of anti-virus software. Client understands that Antivirus software is not 100% effective, and that sometimes AntiVirus updates fail.  Client assumes all risks of computer viruses and will not hold CIS responsible. Client is responsible for the costs of consulting time and materials required to remove any computer viruses.
14-Indemnification: Client shall indemnify and hold harmless Computer Integrated Solutions from any and all claims, demands, suits, actions, proceedings, loss, cost and damages of any kind, including reasonable attorney’s fees, caused by or arising out of, or contributed to, in whole or in part, by reasons of any act, omission, professional error, fault, mistake or negligence of Computer Integrated Solutions, its employees, agents, representatives or subcontractors in connection with or incidental to the performance of this agreement.
15- Jurisdiction:The laws of USA and the Michigan shall govern this agreement, its terms and conditions. Client agrees that the proper forum for any claim arising under this agreement shall be in state of Michigan.