Terms of Services
IMPORTANT – READ CAREFULLY:
BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE ACCEPTANCE BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE 18 YEARS OF AGE OR OLDER; (ii) ARE, OR ARE AUTHORIZED TO SIGN FOR AND BIND, THE CONTRACTING PARTY DEFINED BELOW AS “CUSTOMER;” AND (iii) HAVE READ, UNDERSTAND AND AGREE ON BEHALF OF CUSTOMER TO BE BOUND BY ALL OF THE TERMS OF SERVICE LISTED IN THIS AGREEMENT. OTHERWISE, DO NOT CLICK THE ACCEPTANCE BUTTON TO PROCEED AND YOUR REGISTRATION PROCESS WILL BE DISCONTINUED.
This Agreement is a legal and binding instrument entered into as of the date of electronic acceptance by Customer (the “Effective Date”), by and between PCSentry and “Customer,” the individual or entity entering into this Agreement. PCSentry reserves the right to amend this Agreement from time to time without notice to Customer. The most current version of this Agreement can be reviewed by clicking on the “TOS” hypertext link located at the bottom of PCSentry’s Web pages.
Services Included
Virus Definition Monitoring & Management – PCSentry will utilize a system that monitors antivirus definition levels of all known systems. Our system is compatible with most major antivirus software vendors (i.e. Symantec/Norton, McAfee, Trend Micro).
Patch Monitoring & Management – PCSentry will utilize a system that will monitor the operating system patch levels of known systems that run approved operating systems for which the PCSentry agent is installed. This includes servers, desktop workstations, and laptop/notebook computers. This system also allows PCSentry to deploy patches utilizing strategic timing based on best practices. PCSentry is also able to monitor and manage patch levels of Microsoft Office applications, and certain critical Microsoft back office server based applications such as Exchange and SQL Server, as well as applications from other vendors.
Exclusions / Assumption
Project/Integration Work – Project/Integration work is defined as any service designed to add or increase functionality or capacity; in other words, any work that is not designed to support existing systems or persons. Projects are outside the scope of this agreement and as such will be quoted and invoiced separately. Project/Integration work will be identified to The Customer as such before any work is performed.
General Terms & Conditions
Payments – Payment for all services are billed and due quarterly in advance of service.
Pricing – PCSentry retains the right to change pricing at any time without prior notice. Agreed upon pricing will remain intact for the length of the Agreement.
Termination – Either party may terminate the agreement for any reason with 30 days written notice
Typographical Errors - PCSentry cannot be held bound or held responsible for typographical errors or omissions.
Limitations of Technology – The Customer acknowledges that technologies are not universally compatible, and that there may be particular services or devices that PCSentry may be unable to monitor, manage, or patch. PCSentry agrees to inform The Customer when such situation exists. The Customer agrees to correct situation if applicable, and to hold PCSentry harmless in any case.
Because there are risks associated with applying and failing to apply patches, PCSentry constantly reviews and updates our best practices based on the relative threats to patch delivery timing. Every effort is made to balance the reduction of vulnerabilities with the slight destabilization risk associated with applying new patches to otherwise stable systems. This effort to reduce destabilization includes deploying updates to test computers first to evaluate the the stability of updates, and then deploying updates to production computers. It is the Customers responsibility to provide PCSentry with a listing of “test” computers for initial deployment of patches and updates.
Patch definitions and antivirus definitions are distributed by their respective software vendors, and as such, PCSentry has no direct control over the effectiveness or lack thereof of the software being applied. PCSentry shall not be held responsible for interruptions in service due to patches released by software vendors.
Force Majeure & Malicious Acts - This agreement is designed to cover the support needs of The Customer during normal operating conditions. PCSentry shall not be liable for damages, delay, or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, and/or any other cause beyond the reasonable control of either party.
Furthermore, damage and/or significant problems that result from anomalies and/or abnormal circumstances such as fire, flood, electrical surges, deliberate malicious acts, theft, acts of God, wars, insurrections, and/or any other cause beyond the reasonable control of either party fall outside the terms of this agreement.
Loaned/Rented Equipment – The Customer agrees that any equipment utilized by PCSentry in the execution of this or any service that is not explicitly purchased by The Customer shall remain the property of PCSentry, and must be returned if requested. Customer further agrees to cease the use of any technology that remains the property of PCSentry upon termination of this agreement.
Confidentiality – Neither party shall disclose any proprietary or confidential information obtained from the other unless so directed by a court of law or government authority. The Customer agrees not to disclose rate(s), term(s), or any information regarding this Agreement without the prior written consent of PCSentry. For promotional purposes, PCSentry shall have the right to disclose to others the identity of its clients.
Indemnification – The Customer shall at all times indemnify and save PCSentry harmless against and from all losses, liability, expenses, and other detriments of every nature and description to which The Customer may be subjected by reason of any act or omission of PCSentry, its subcontractors, consultants, agents, officers, directors, and employees where such loss, liability, expense or other detriment arises out of or in connection with the performance of the work, including, but not limited to, personal injury (including death) and loss of or damage to property of The Customer or others. This indemnity shall not extend to any claims, damages, losses and expenses which are due to the sole negligence of PCSentry.
Entire Agreement – This Agreement is the exclusive statement of the agreement of the parties with respect to its subject matter and supersedes all prior agreements, negotiations, representations, proposals, and awards, written or oral, relating to its subject matter.
The Customer and PCSentry agree that in the event any term, covenant or condition herein contained is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant or condition shall in no way affect any other term, covenant or condition herein contained. Headings, titles and paragraph captions are inserted in the Agreement for convenience, are descriptive only and shall not be deemed to add to or detract from or otherwise modify the meaning of the paragraphs.
Jurisdiction – This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
