Except where another agreement exists in writing between your organization and Strategic Consutling Group Inc., the agreement below is deemed to be in effect.
- This agreement is for Strategic Consulting Group Inc. (the “Consultant”), to provide the named organization (the “client”) software as a service and/or IT or communications consulting.
- The client retains ownership over all raw data that they upload or store on servers and systems provided by Strategic Consutling Group Inc., however any software, system, special coding or other technological aspect is owned solely by Strategic Consutling Group Inc., and should the client discontinue service, the client shall no longer have access, nor shall the client attempt to migrate the solution to a new server or host.
- To access support, email firstname.lastname@example.org. You can expect us to respond to your inquiry as soon as possible within business hours (9am to 5pm Mountain Time) excluding weekends, and Canadian holidays. Our goal is to respond to you within 1 business day of your inquiry, although we do not guarantee a response time.
SPECIFIC PROVISIONS FOR CLIENTS OF OUR IT SUPPORT SERVICES OFFERINGS
- Clients are billed at the agreed hourly rate for IT services that any authorized person from their organization requests.
- Service requests are billable in fifteen-minute increments with a fifteen minute minimum. We do not charge for requests that do not require my firm to remotely connect to your computer, or send instructions to the user via email or text (usually these requests are ones that take 5 minutes or less to respond).
We aim for next business day for diagnosis and resolution of the majority of IT issues. At my firm, we work the flexible hours that today’s mobile workforce demands – and are available nights and weekends to support you. On premise IT support, for deployment of new devices, hardware fixes, and advanced troubleshooting is available when required on a mutually convenient scheduling arrangement.
NEW CLIENT ONBOARDING TERMS
- The Client will be furnished with the deliverables outlined within the quotation from the Consultant within a mutually agreed timeframe.
- New clients will be provided with an implementation date on their agreement. It is agreed that the client will provide any and all required materials to bring their system online no less than five business days before the implementation date. Should materials not be provided, the standard system configuration will be activated.
- As of the implementation date, the client will be billed, and the annual renewal date will be set.
- Time is of the essence. If the client does not respond to the consultant or provide the requested information within a timely manner, the consultant shall install software and setup the deliverables using standard procedures and will invoice the client as described above. The client is free to request support (as defined below) from the consultant to customize and further setup the deliverables at their convenience, subject to the remaining terms of this agreement.
INVOICING AND PAYMENTS / LATE PAYMENT TERMS
- Invoices will be emailed automatically to the email address on file in our system. It is the clients responsibility to notify us should the preferred email address change. If the client indicates they did not receive an invoice, we will verify if it was sent from our system. If due to a technical error it was not, we will deem the invoice to have been sent on the day the error is discovered and the invoice is resent. If the error is on the client’s end (eg. email misconfiguration etc.) the date the invoice is sent in our system stands.
- Invoices are due upon receipt.
- A fee of 2% monthly will be automatically charged for late payments. We may waive this fee at our discretion.
- Accounts that have been overdue for more than 30 days are subject to deactivation. If an account is deactivated, emails attached to the domain will stop working, and any websites will go offline and will be replaced with a message saying the account is deactivated. Once an account is deactivated, there is a $150 plus GST fee to have the website/email restored. This fee is payable before any maintenance (including unlocking domains for transfer) takes place.
- Payments that are dishonoured (eg. a bounced cheque) are subject to a $100 administrative fee.
ACCESS TO SUPPORT
- If, on the invoice, a line item entitled “Support” or similar appears, the Client is entitled to unlimited support from the Consultant, free of charge for the duration of the license agreement. Support is defined as returning the deliverables to the condition they were upon such time as the Client was initially satisfied (and paid the original invoice), or providing the client with steps to follow in order to complete a task or make a change on their website.
- Support does not include additional technical work (eg. the installation of new functionality upon the deliverables), nor does it include any administrative work (eg. customize or update content for the deliverables.)
- Support is available via email to email@example.com You can expect us to respond to your inquiry as soon as possible within business hours (9am to 5pm Mountain Time) excluding weekends, and Canadian holidays. Our goal is to respond to you within 1 business day of your inquiry, although we do not guarantee a response time.
DEFINITION OF “UNLIMITED”
- Some clients have agreements with us where they are entitled to “unlimited” quantities (of things such as hard disk space, bandwidth, email accounts etc.). Any time the word “unlimited” is used, it is subject to a reasonability limit. If, at the sole discretion of Strategic Consutling Group Inc., the client’s use of any resource is unreasonably high (because the client is using the system for an unrelated purpose, or for any other reason) we reserve the right to limit the client’s access to such resources, or to place a cap on use. The addition of such a cap does not release the client from any obligations in terms of this agreement.
DISCLOSURE OF COMMISSIONS
- From time to time, Strategic Consutling Group Inc. may receive commissions or referral fees from specific partners or third parties that we refer you to or utilize to create or maintain your system. The agreements you enter into with any specific partner or third party is between the client and the partner or third party entirely and is the responsibility of the client.
CURRENT RATES FOR CHARGEABLE TIME
- Our current rates for Tier 1 work outside of the unlimited support option (eg. updating content on the website, adding/changing domains etc.) is $60 per hour plus GST billable in 15 minute increments. We may opt to waive the fee for simple changes at our discretion.
- Our current rates for additional Tier 3 technical work (eg. the installation of new functionality upon the deliverables, recovering data etc.) is $150 per hour plus GST billable in 15 minute increments, with a 1 hour minimum charge. We may opt to waive the fee for simple changes at our discretion.
Incoming and outgoing calls and emails with our firm are recorded and retained for accuracy and transaction verification.
TERMS APPLICABLE FOR DEVELOPMENT OF NEW CLIENT SYSTEMS
- New client systems that are developed remain property of Strategic Consulting Group Inc., and are provided to the client as a software as a service – meaning that if the client leaves for another provider, the system developed does not come with them.
- When creating new client systems, we quote based upon the exact set of features and requirements you supply. Additional requirements, or motivations to these provisions will result in changes to the quoted amount.
- Should a client wish to abandon new development, they will be billed for the amount of time already spent / work already completed, based upon an analysis completed solely by us.
LICENSE TERMS FOR SOFTWARE AS A SERVICE
- Annual licenses remain in force for 365 days after the initial invoice is dated. The client may choose to discontinue their license at any time, but will forfeit any payments made against for the license.
- Within the billing period grace time, the client may choose to discontinue their license at no penalty to them (unless the client is in an agreement that stipulates otherwise). Once the billing grade period has expired, the client is deemed to have decided to continue with the service.
- Upon discontinuing their license, the Client’s access to the deliverables will be immediately terminated. Any materials that the Consultant has stored on the client’s behalf (such as domain names) will be then returned to the Client, as long as the account is in good standing.
- If, upon discontinuing the license, the account is not within good standing, the Consultant may choose to not return any electronic materials stored (such as domain names) until such time as the account is returned to good standing. If the account is not returned to good standing within 30 days, the Consultant may sell or dispose of the deliverables as he sees fit.
MODIFICATION OF EXISTING ELECTRONIC MATERIAL (EG. ALREADY BUILT WEBSITES)
- If the client has contracted the Consultant to modify existing electronic materials (such as existing websites, built or maintained by other companies or people), the client will be provided with a quotation outlining the estimated time and cost of the modifications. The client is responsible for the full time outlined for these modifications, as billed by the Consultant even if the modifications are unsuccessful. Modifications to previously built electronic content are not always possible, and require significant investments in research and testing, which the Consultant has the right to be remunerated for.
- If the client has contracted the Consultant to modify existing electronic materials (such as existing websites, built or maintained by other companies or people), and the Consultant believes that additional time is required to perform the outlined modifications, the Consultant will provide the client with a new quotation. The client may choose to accept or decline this quotation. If the quotation is declined, work will cease, and the client will be billed for all work already completed.
USE OF MATERIALS PROVIDED BY THE CONSULTANT
- The Consultant may furnish the client with access to hosting accounts or programs for which the Consultant owns or has paid for. The client will use these programs only for the expressed purpose outlined to the Consultant, and for no purpose that is illegal or defamatory. The Consultant may remove content stored by the Client on the Consultant’s accounts without notice or reason, if he/she feels it is illegal or defamatory.
OTHER TERMS, LIMITATION OF LIABILITY, PRIVACY
- This is not a cost protection agreement. We may choose to change the fees of the annual lease and charge a new fee when it is renewed.
- While we strive to provide the best quality system possible, and have multiple latent backups of all data stored in our system, we cannot provide a warranty. We cannot be responsible for physical acts or acts of God that result in loss of data or content whether it is partial or full.
- We may utilize graphics of the deliverables furnished for you for marketing or demonstration purposes for new clients.
- We may also place a tagline or image on the bottom of your deliverables saying “Developed by Strategic Consutling Group Inc.” or similar.
- We respect your privacy. You retain ownership of the information you store on our server. As long as your account is maintained and in good standing, we will provide you with a download of the raw data on our servers at any time. If your account is not in good standing, the data may be deleted and will not be provided until you rectify the account issues.
- Information stored on our servers or on your website will not be shared with other parties, unless we are ordered to do so by a Court of Law.