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This agreement.
Prices are negotiable and start at $25.00/Month, per device.
Seniors over 70 pay $15.00/Month. There
are many factors that go into negotiating the price of service: 1 –
Business or individual. 2 –
Number of devices. If a customer has many machines, for instance 25+, a group
rate can be applied. 3 –
Types of services, for instance, if a client wants to add Cyber security
tools. 4 – We can charge by device or by seat
(number of devices or number of users). |
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It is advised that you create a full admin account for our technician
in case we cannot get in touch with your staff and need to go in to either
investigate something, like a failed check, or we need to attend to one of
our processes. |
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MANAGED SERVICE PROVIDER AGREEMENT This Managed Service Provider Agreement
(“Agreement”) is effective as of the date of last signature (“Effective
Date”), and made between |
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MANAGED SERVICE PROVIDER AGREEMENT This
Managed Service Provider Agreement (“Agreement”) is effective as of the date
of last signature (“Effective Date”), and made
between RECITALS WHEREAS, Provider is
in the business of providing technical managed services to companies and
individuals; and WHEREAS, Client
desires to engage Provider for such services. NOW, THEREFORE, in
consideration of and incorporating the foregoing recitals and the covenants
and conditions herein set forth, the parties hereto agree as follows: 1.
SERVICES. Client hereby
engages Provider, to Client on the terms and conditions set forth in this
Agreement. 2.
TERM. The term of this Agreement shall
commence on the Effective Date and shall continue [for a period of [NUMBER]
[days/weeks/months]/until [DATE]/until the [Services/[PROJECT NAME] have been
completed], [1] unless
earlier terminated in accordance with paragraph 10 (the “Term”). Any extension of
the term will be subject to mutual written agreement between the parties. 3.
COMPENSATION
AND PAYMENT
3.1.
As full compensation
for the Services and the rights granted to Client in this Agreement, Client
shall pay Provider the amount set forth in the
Statement of Work (the Fees ), payable on completion of the Services set
forth in the.
3.2.
Client shall reimburse
Provider for any travel or other costs or expenses incurred by Provider
required to performance of the Services and pre-approved by the Client.
3.3.
Provider shall
timely submit invoices for payment.
All invoices for completed Services and expenses owed will be due net
thirty (30) days from the date of an invoice upon completion of the Services.
Provider is responsible for the payment of all federal, state and/or local
taxes with respect to the Services it performs for Client as an independent
contractor under this Agreement.
5.
CONFIDENTIALITY
5.1.
Each party
acknowledges that it will have access to information that is treated as
confidential and proprietary by the other party, including, without
limitation, the existence and terms of this Agreement, trade secrets,
technology, and information pertaining to business operations and strategies,
products/services, methods, systems, data, databases, programs, customers,
pricing, marketing, finances, sourcing, personnel or operations, other
confidential intellectual property and other sensitive or proprietary
information of any of the foregoing, in each case whether spoken, printed,
electronic or in any other form or medium, whether or not marked,
designated or otherwise identified as confidential (collectively, the
“Confidential Information”). Any Confidential Information that Provider
develops in connection with the Services, including but not limited to any
deliverables provided hereunder, shall be subject to the terms and conditions
of this paragraph. Each party agree to treat all Confidential Information of
the other party as strictly confidential, not to disclose the other party’s
Confidential Information or permit it to be disclosed, in whole or part, to
any third party without the prior written consent of the disclosing party in
each instance, and not to use any Confidential Information for any purpose
except as required in connection with this Agreement. The receiving party
shall notify the disclosing party promptly in the event it becomes aware of
any loss or disclosure of any Confidential Information of the other party.
5.2.
Confidential
Information shall not include information that:
(a)
is or becomes generally available to
the public other than through receiving party’s breach of this Agreement;
(b)
is communicated to the receiving
party by a third party that had no confidentiality obligations with respect
to such information; or
(c)
is required to be disclosed by law,
including without limitation, pursuant to the terms of a court order;
provided that the receiving party have given the disclosing party prior
notice of such disclosure and an opportunity to contest such disclosure.
5.3.
It is mutually
agreed that the breach of this Section 6 shall result in irreparable and
continuing damage to the disclosing party for which money damages may not
provide adequate relief and agrees that the disclosing party may seek
equitable relief (including injunctive relief), without posting bond or other
security, against the receiving party to prevent the breach or threatened
breach of this Section 6 and to secure its enforcement, in addition to all
other remedies available at law.
5.4.
Client acknowledges
that Provider may possess Confidential Information on its device that is
accessible by Client when performing the Services. Client
agrees that Provider will only access Client’s device in the event it is
necessary for Provider to access Client’s device to provide the
services. Client may request to be
present while Provider accesses Provider’s devise.
6.
DATA PRIVACY. Client agrees not to provide any personal
information to Contractor except as strictly required in order for Provider
to the perform the Services. In the
event Client discloses any personal information to Provider, each party
agrees to comply with all applicable data privacy laws and regulations that
govern such data. 7.
REPRESENTATION
AND WARRANTIES
7.1.
Provider represents
and warrants to Client that:
(a)
Provider has the right to enter into
this Agreement, to grant the rights granted herein and to perform fully all
of Provider’s obligations in this Agreement;
(b)
Provider’s entering into this
Agreement with Client and Provider’s performance of the Services do not and
will not conflict with or result in any breach or default under any other
agreement to which Provider are subject; and
(c)
Provider has the required skill,
experience and qualifications to perform the Services, Provider shall perform
the Services in a professional and workmanlike manner in accordance with
industry standards for similar services and Provider shall devote sufficient
resources to ensure that the Services are performed in a timely and reliable
manner.
7.2.
Client hereby
represents and warrants to Provider that:
(a)
it has the full right, power and
authority to enter into this Agreement and to perform its obligations
hereunder; and
(b)
the execution of this Agreement by
its representative whose signature is set forth at the end hereof has been
duly authorized by all necessary corporate action.
8.
LIABILITY AND INDEMNIFICATION. Each party shall defend, indemnify and hold
harmless the other party and its affiliates and their officers, directors,
employees, agents, successors and permitted assigns from and against all
third party losses, damages, liabilities, deficiencies, actions, judgments,
interest, awards, penalties, fines, costs or expenses of whatever kind
(including reasonable attorneys' fees) arising out of or resulting from the
gross negligence, illegal or intentional misconduct of the other party
or any of its agents, contractors, servants or employees. 9.
INSURANCE.
During the Term, Provider shall maintain in
force insurance of the type and amount that is customary for a similar
provider in the industry. 10.
TERMINATION
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Client LLC |
[4] MSP
Works |
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Printed Name: |
Printed Name: |
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Title: |
Title: |
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Date: |
Date: |
STATEMENT
OF WORK
SERVICES
1. Provider shall provide the following Services to
Client:
2. Tasks
Provider will complete the following tasks as part of
this project:
•
[Routine scheduled
scans for device health assessment]
•
[Routine patch review
and application]
•
[Task]
The following tasks are not included in this project’s scope
and will not be performed by Provider:
•
[Physical device
maintenance or repair]
•
[Cyber Security
issues]
•
[Task]
3.
This project will follow the below
estimated schedule:
|
Task/project phase |
Est. start date |
Est. end date |
Est. hours required |
|
[Task/Project
Phase] |
[Start Date] |
[End Date] |
[Hours Required] |
|
[Task/Project
Phase] |
[Start Date] |
[End Date] |
[Hours Required] |
|
[Task/Project
Phase] |
[Start Date] |
[End Date] |
[Hours Required] |
4. Location
5. Budget, Fees, and payment
schedule
Provider
has a total budget of [budget amount] for this project, not to be
exceeded.
Provider
will charge the following Fees:
|
Task |
Price |
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[Routine MSP Services Per device] |
$0.00/mo |
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[Client requested services] |
TBD |
|
[Task] |
$0.00 |
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Total |
$0 |
6.
Resources[6]
Client will supply the following
resources to enable Provider to complete this project:
•
[Administrator account/password]
•
[Resource]
•
[Resource]
7. Special terms and conditions
[Additional
terms and conditions go here.]
Donald: Would you like these contracts to last for a certain period of time (i.e. 6 months, 1 year) or would you like them to last until the project or work is completed?
Would you like the contract to renew automatically? Some clients like an autorenew so you can lock in the vendors at the same price. Other clients don’t want to autorenew because they want the ability to agree to new contract terms.