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Service Level Agreement

HomeeasyTEK.technology  ›  Forms  ›  Agreements  ›  Service Level Agreement

Service Level Agreement

This Service Level Agreement is made and effective on (“EFFECTIVE DATE”).

BETWEEN:

easyTEK.technology, LLC (D.B.A. easyTEK.technology), a Limited Liability Corporation (LLC)(S-Corporation), organized and existing under the laws of the States of Colorado, with its corporate office located at:

  • 11052 Twenty Mile RD, APT 200,
    Parker, Douglas County, Colorado 80134-5101
    United States of America
    +1 720-807-4500 - Phone
    +1 720-817-3964 - Fax
    [email protected] - E-mail

AND:

"CLIENT"

WHEREAS easyTEK.technology is an Managed Service Provider (MSP) validly existing and in good standing under the laws of the State of Colorado, with the power to carry on its business as it is now being conducted.

WHEREAS the "CLIENT" is doing business in the State of Colorado and in need of a Managed Service Provider (MSP), and whereas the “CLIENT” desires to retain easyTEK.technology to service the “CLIENT” under the following terms and conditions:

NOW, THEREFORE, it is agreed as follows:

  • 1. DEFINITIONS
    • 1.1. “Emergency Technical Support” is for IT emergencies only! Emergencies are defined as production services that are unavailable to a wide-scale audience or when mission critical work is at stake. This service is not intended for individuals to receive routine technical support services.

    • 1.2. “Level I Technical Support” is for all hardware and software relating to Microsoft Windows based desktops, laptops, tablets, and any peripheral devices, such as scanners, printers, monitors, mice, and keyboards which are physically attached to a desktop, laptop, or tablet.

    • 1.3. “Level II Technical Support” is for all hardware and software relating to Microsoft Windows based servers, and any peripheral devices, such as tape drives, printers, monitors, mice, and keyboards which are physically attached to a server. Level II Technical Support also includes all web-based application services and all hosted application services including Remote Monitoring and Management (RMM) services.

    • 1.4. “Level III Technical Support” is for all Apple based desktops/servers/iOS devices as well as hardware infrastructure components, such as routers/firewalls, hubs, switches, patch panels, network printers, MODEMS, and wireless access points which are physically attached to Local Area Network (LAN), and any cellular phones or tablet devices. Level III Technical Support also includes all electronic medical/health record systems and all developed applications not typically sold “Over-The-Counter” at a box retailer (I.E. Best Buy/Office Depot/Staples).

    • 1.5. “Mission Critical” are situations defined as causing major, widespread disruption of office activities, such as an offline server, general network outage, e-mail server outage, office-wide virus activity, or loss of printing capabilities from all user workstations.

    • 1.6. “Non-Mission Critical” are situations defined as causing minor disruption impacting a single end user, such as an offline workstation (where other workstations are available for use), offline printer (where other printers are available for use), and remote user issues.

    • 1.7. “Service Request” is a request for technical support services and may be submitted by using the easyTEK.technology Client Access Portal (http://support.easytek.technology), or by emailing easyTEK.technology Technical Support at [email protected], or by calling the easyTEK.technology Technical Support Line at (720) 807-4500.

  • 2. GENERAL TERMS AND CONDITIONS
    • 2.1. easyTEK.technology is not responsible for hardware/software licensing compliance, regulatory compliance (I.E. SOX, GLBA, PCI-DSS, and HIPAA (Health Insurance Portability and Accountability)) and/or any legal compliance the “CLIENT” may be subject to.

    • 2.2. easyTEK.technology prohibits installation/upgrade/support of any pirated or illegal software. The “CLIENT” must be able to produce, on request, proof of ownership for all software with enough per seat/per user licenses for all applications used in the office. Original software disks indicating the “CLIENT” as the legal owner, including proof of license shall be kept available, preferably in one convenient place to facilitate verification, software updates, and system reloads.

    • 2.3. The “CLIENT” agrees that it will inform easyTEK.technology of any modification, installation, or service performed on the network by individuals not employed by easyTEK.technology. To ensure in providing an efficient and effective future support response.

    • 2.4. In addition, the “CLIENT” shall be responsible for protecting data stored on the system and any necessary data backup. easyTEK.technology denies responsibility for any lost, damaged, or destroyed software program, data or media stored on any part of the system, which includes deletion or alteration of the contents of any data storage media which may occur during service or repair of the system. It is the responsibility of the “CLIENT” to ensure a complete and recent backup of all data that exists.

    • 2.5. easyTEK.technology does not assume responsibility for data at rest/transmitted on all systems upon which work is to be performed.

    • 2.6. easyTEK.technology does not assume responsibility for any 3rd party application installations or upgrades where data is present where data can be changed, lost, or deleted. This includes, but is not limited to, electronic medical/health record systems, developed applications, or any “over-the-counter” software applications sold at a typical box retailer (I.E. Best Buy, Office Depot, Staples). It is the responsibility of the “CLIENT” to ensure a complete and recent backup of all data exists.

    • 2.7. easyTEK.technology may be required to contact a 3rd party vendor for technical support services, such as a hardware/software manufacturer. easyTEK.technology will bill the “CLIENT” all costs incurred by this 3rd party vendor support.

    • 2.8. easyTEK.technology will not be held liable in conjunction with items (Section 3 Items 4 thru 7) for any data loss, including, without limitation, damages for loss of business profits, business interruption, and loss of business information, lost savings, or other incidental or consequential damage arising out of or in connection with work performed under this Service Level Agreement.

    • 2.9. easyTEK.technology does not assume responsibility for functionality for any 3rd Party “Over-the-Counter” developed applications (I.E. Adobe, Java, Filezilla, QuickBooks, Inteleviewer, etc.).

    • 2.10. Patch management is a process for identifying, acquiring, installing, and verifying patches for products and systems. "CLIENT" agrees to comply with the easyTEK.technology Patch Management Policy for all Microsoft/Windows Updates and Core Applications (Adobe, Java, ETC.) updates. "CLIENT" agrees to a monthly charge of (15) minutes per machine/per month based on easyTEK.technology Technical Support Rates and Service Level Agreements. If "CLIENT" wishes to opt out of easyTEK.technology Patch Management Policy, "CLIENT must sign the easyTEK.technology Patch Management Waiver to release easyTEK.technology from any liability regarding PCI-DSS, HIPAA and any other compliance regulations which require "all" workstation to be properly maintained and updated.

    • 2.11. easyTEK.technology only recommends corporate grade systems, from manufacturers like Dell, Gateway, HP, Lenovo, and similar companies which meet the minimum system requirements in our Minimum System Requirements Document. easyTEK.technology does sell hardware, but as a service, we can assist with obtaining competitive quotes for the “CLIENT” to purchase the hardware directly. All quotes and time spent via e-mail or phone are billed accordingly at Research Support rates.

    • 2.12. The “CLIENT” assumes all responsibility and costs for drop shipments signed for and left at locations from all carriers set up by easyTEK.technology. The “CLIENT” will provide easyTEK.technology with a main contact person within their office for this activity.

    • 2.13. easyTEK.technology shall not be responsible to the “CLIENT” for loss of use of the network or for any other liabilities arising from alterations, additions, adjustments, or repairs which have been made to the network other than by authorized representatives of easyTEK.technology.

  • 3. BILLING TERMS AND CONDITIONS
    • 3.1. easyTEK.technology invoices are sent via e-mail to the “CLIENTS” Office/Practice Manager and/or Accountant.

    • 3.2. easyTEK.technology may send statements via e-mail to the “CLIENTS” Office/Practice Manager and/or Accountant on a pre-determined day if overdue balances exist.

    • 3.3. Any service performed by easyTEK.technology outside the scope of this Service Level Agreement will be billed in accordance with the Technical Support Rates and Trip Fees Document.

    • 3.4. Amounts referenced on invoices are in U.S. Dollars.

    • 3.5. easyTEK.technology reserves the right to impose an increase to the monthly Service Level Agreement price due to changes in market vendor rates. This cost increase will apply to all billable charges of the Service Level Agreement and will be in effect for the remainder of the Service Level Agreement.

    • 3.6. If at any time questions should arise regarding billing or services performed, and “CLIENT” wishes to discuss or dispute an invoice for services, easyTEK.technology must be notified within 14 days (about 2 weeks) of the invoice due date; otherwise, upon the sole discretion of easyTEK.technology, said invoice will be considered due and final.

    • 3.7. The “CLIENT” and easyTEK.technology agree that they shall first submit all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Service Level Agreement to mediation.

    • 3.8. easyTEK.technology requires onsite work cancellation requests to be cancelled (2) hours before their scheduled appointment by calling 720-807-4500 or the “CLIENT” will be subjected to a $35.00 cancellation fee and a $15.00 trip fees.

    • 3.9. easyTEK.technology requires offsite/remote work cancellation requests to be cancelled (30) minutes before their scheduled appointment by calling 720-807-4500 or the “CLIENT” will be subjected to a $35.00 cancellation fee.

    • 3.10. easyTEK.technology does not discount software and hardware purchased by easyTEK.technology, as these are provided at or near cost as a service to the “CLIENT.”

    • 3.11. easyTEK.technology does not discount the Trip Fees. Each technician dispatched to the “CLIENTS” location will require a Trip Fee, per visit. (See Technical Support Rates & Trip Fees Document.)

    • 3.12. Time & Materials Service Level Agreement Billing Information:
      • 3.12.1. All Time & Material invoices are billed on the first day of each month for the preceding month.

      • 3.12.2. All Time & Material invoices are NET 15 TERMS.

      • 3.12.3. All Time & Material payments for technical support services over 15 days (about 2 weeks) will be subject to a $25 late fee per 15 days (about 2 weeks) if not paid.

      • 3.12.4. If Time & Material payments are not received by the end of the month all technical support services will be suspended.

      • 3.12.5. Time & Material payments, if paid by check, should be mailed to the address listed on the invoice.

      • 3.12.6. Time & Material payments, if paid by credit card, should be handled in-person or over the phone. Please note a 3.5% Convenience Fee will be added to all credit card transactions. (Please do not e-mail credit card information to easyTEK.technology.)

      • 3.12.7. Time & Material payments should not be given to an easyTEK.technology Technical Support Technician.

    • 3.13. Hardware and Software Billing Information:
      • 3.13.1. Any hardware and software merchandise will be billed separately, and costs will be based on vendor price schedules at the time of purchase.

      • 3.13.2. easyTEK.technology requires 100% payment at the time of the order for all hardware and software provided by easyTEK.technology to the “CLIENT”.

      • 3.13.3. All equipment payments, if paid by check, should be mailed to the address listed on the invoice. Or if equipment is being purchased on the same day as installation it should be given to an easyTEK.technology Technical Support Technician at the time of installation.

      • 3.13.4. No equipment will be purchased until payment arrangements have been made with easyTEK.technology.

      • 3.13.5. Discounts expressed within this Service Level Agreement do not apply to hardware or software or other device purchases that may be needed or requested from the “CLIENT.”

      • 3.13.6. easyTEK.technology reserves the right to require prepayment of labor if the “CLIENT” is beyond 30 days (about 4 and a half weeks) of the invoice date for all hardware, software installation or deployment.

      • 3.13.7. All equipment payments, if paid by credit card, should be handled in-person or over the phone. Please note a 3.5% Convenience Fee will be added to all credit card transactions. (Please do not email credit card information to easyTEK.technology.)

  • 4. CONFIDENTIALITY, PRIVACY AND COMPLIANCE
    • 4.1. This Confidentiality, Privacy and Compliance portion of this Service Level Agreement is in addition to the easyTEK.technology Confidential Agreement terms and conditions set forth between easyTEK.technology and the “CLIENT” in all contracts currently existing or hereafter created between the “CLIENT” and easyTEK.technology. This Service Level Agreement shall under no circumstances be deemed to alter any such contract except as specifically provided below.

    • 4.2. easyTEK.technology acknowledges that while providing services to said “CLIENT,” easyTEK.technology may learn from the “CLIENT” certain non-public personal and otherwise confidential information relating to said “CLIENT,” including its customers, consumers, or employees. easyTEK.technology shall regard all information it receives which in any way relates or pertains to said “CLIENT,” including its customers, consumers, or employees as confidential.

    • 4.3. easyTEK.technology shall take commercially reasonable steps to not disclose, reveal, copy, sell, transfer, assign, or distribute any part or parts of such information in any form, to any person or entity, or permit any of its employees, agents, or representatives to do so for any purpose other than purposes which serve the “CLIENT” or as are expressly and specifically permitted in writing by said “CLIENT” or as are required by applicable law.

    • 4.4. Said “CLIENT” acknowledges that it also has responsibility to keep records and information of its business, customers, consumers, and employees, confidential.

    • 4.5. Said “CLIENT” also acknowledges that all information and services, consulting techniques, proposals, and documents disclosed by easyTEK.technology or which comes to its attention during business and provided under this Service Level Agreement constitute valuable assets of, and confidential and/or proprietary to easyTEK.technology.

    • 4.6. This provision shall survive termination of this Service Level Agreement and any other agreements between the “CLIENT” and easyTEK.technology.

  • 5. CANCELLATION OF SERVICE LEVEL AGREEMENT
    • 5.1. Service Level Agreements can be canceled because of any of the following:
      • 5.1.1. Should easyTEK.technology not fulfill the terms of this Agreement in a satisfactory manner, the “CLIENT” will provide easyTEK.technology with written notice of failure to comply. If, after 30 days (1 month), easyTEK.technology has not met the terms of the written notice, the “CLIENT” may upon their sole discretion, cancel this and only this Agreement.

      • 5.1.2. If one of the parties shall be declared insolvent or bankrupt.

      • 5.1.3. If a petition is filed in any court and not dismissed in ninety (90) days to declare one of the parties Abankrupt and/or for a reorganization under the Bankruptcy Law or any similar statute.

      • 5.1.4. If a Trustee in Bankruptcy or a Receiver or similar entity is appointed for one of the parties.

      • 5.1.5. If the “CLIENT” does not pay easyTEK.technology within thirty (30) days from receipt of easyTEK.technology’s invoice and/or otherwise materially breaches this Service Level Agreement.

      • 5.1.6. easyTEK.technology reserves the right to suspend or terminate this Service Level Agreement if, in its sole discretion, conditions at the service site pose a health or safety threat to any easyTEK.technology employee.

      • 5.1.7. easyTEK.technology may terminate this Service Level Agreement with thirty (30) days prior written notice to the “CLIENT” for convenience or compelling cause.

    • 5.2. Once Service Level Agreement has been canceled the following will apply:
      • 5.2.1. All proprietary “CLIENT” data and infrastructure notes including but not limited to usernames and passwords will be turned over to “CLIENT” upon request, within (72) business hours of written notice of intent to cancel the Service Level Agreement. These requests must be sent to [email protected]. No “CLIENT” information will be surrendered if outstanding amounts or agreements are due on the “CLIENT” account.

      • 5.2.2. All labor necessary to compile and return the “CLIENTS” data and/or gather infrastructure notes back to the client will be billed at Time and Material rates.

      • 5.2.3. All final amounts due at Service Level Agreement cancellation are due via check (no credit cards will be accepted).

  • 6. HARDWARE AGREEMENT
    • 6.1. easyTEK.technology shall provide to “CLIENT” technical support services which includes, but is not limited to the following:
      • 6.1.1. Desktop/Laptop Hardware Technical Support Services:
        • 6.1.1.1. On Desktop PCs:
          • 6.1.1.1.1. CD/DVD-ROMs

          • 6.1.1.1.2. CPUs

          • 6.1.1.1.3. hard drives

          • 6.1.1.1.4. memory modules

          • 6.1.1.1.5. motherboards

          • 6.1.1.1.6. power supplies

          • 6.1.1.1.7. MODEMs

          • 6.1.1.1.8. Any peripheral devices (Monitor/Mouse/Keyboard/etc.)

        • 6.1.1.2. On Laptop PCs:
          • 6.1.1.2.1. hard drives

          • 6.1.1.2.2. memory modules

          • 6.1.1.2.3. keyboards

          • 6.1.1.2.4. screens

      • 6.1.2. Server Hardware Technical Support Services:
        • 6.1.2.1. CD/DVD-ROMs

        • 6.1.2.2. CPUs

        • 6.1.2.3. hard drives

        • 6.1.2.4. memory modules

        • 6.1.2.5. motherboards

        • 6.1.2.6. power supplies

        • 6.1.2.7. MODEMs

        • 6.1.2.8. Any peripheral devices (Monitor/Mouse/Keyboard/Tape Drive/etc.)

      • 6.1.3. Mobile Computing Hardware Technical Support Services:
        • 6.1.3.1. easyTEK.technology does not service Slate/iPad/Surface/Phone hardware devices.

      • 6.1.4. Printers Hardware Technical Support Services:
        • 6.1.4.1. easyTEK.technology does not service printer/copier/multi-function machine hardware of any kind.

      • 6.1.5. Network Hardware Technical Support Services:
        • 6.1.5.1. Routers/Firewalls
          • 6.1.5.1.1. easyTEK.technology does not service routers/firewall hardware of any kind.

        • 6.1.5.2. Switches/Hubs

          • 6.1.5.2.1. easyTEK.technology does not service switch/hub hardware of any kind.

        • 6.1.5.3. ISP MODEMs

          • 6.1.5.3.1. easyTEK.technology does not service ISP MODEM hardware of any kind.

    • 6.2. easyTEK.technology Service Level Agreement may be used toward commercial hardware and network technical support services for the “CLIENT” ONLY. Residential support services WILL NOT be conducted under this agreement. easyTEK.technology’s professional liability insurance does not allow us to conduct onsite or offsite technical support service, except for offsite VPN assistance.

    • 6.3. Hardware service, repair or upgrades may be performed by a 3rd party vendor. easyTEK.technology cannot guarantee the completed work by a 3rd party vendor.

  • 7. WARRANTY INFORMATION AND EXCLUSIONS
    • 7.1. Warranty Information:
      • 7.1.1. easyTEK.technology warranties labor for (5) business days. Software/hardware warranties are as supplied by the respective manufacturers.

      • 7.1.2. easyTEK.technology makes no implied or explicit warranty for software/hardware that is to be installed based upon manufacturer and/or industry standards.

      • 7.1.3. If easyTEK.technology returns onsite or initiates any offsite/remote sessions in response to warranty service requests, and reveals the underlying cause was not due to any failure or error on the part of easyTEK.technology, the service call will become billable labor as designated by easyTEK.technology Technical Support rates (See Technical Support Rates and Trip Fees Document). In this case, easyTEK.technology will provide verbal or written documentation explaining the root cause and why it is not a warranty issue.

      • 7.1.4. easyTEK.technology warranty support requests shall be made in writing to [email protected] and must include the following:
        • 7.1.4.1. Service Call Ticket Number (Example: 100)

        • 7.1.4.2. State how this issue is related to or appears to be caused by the prior work done by easyTEK.technology.

      • 7.1.5. easyTEK.technology provides superior service. Computers and networks are complex systems with sometimes unpredictable interactions between various application software and hardware configurations. easyTEK.technology will strive to explain clearly when these unanticipated interactions cause problems which are not specifically tied to warranted work.

    • 7.2. Warranty Exclusions:
      • 7.2.1. easyTEK.technology does not recommend generic desktops, laptops, tablets, and servers assembled from off-the shelf components (AKA “White Boxes”). Desktops, Laptops, Tablets, and Server should be purchased from leading manufacturers, such as Dell, HP, Seneca Data, SuperMicro, etc. No warranty of labor is provided on these types of systems.

      • 7.2.2. easyTEK.technology does not recommend refurbished desktops, laptops, tablets, and servers that were previously owned. No warranty of labor is provided on these types of systems, due to the devices age.

      • 7.2.3. easyTEK.technology will not support any desktops, laptops, tablets, and servers knowingly and intentionally operated by the “CLIENT” without a paid licensed virus/malware/spyware protection, or un-licensed and un-patched software. No warranty of labor is provided on these types of systems.

      • 7.2.4. easyTEK.technology accepts no responsibility or liability for: lost/missing or corrupted data, due to viruses, worms, hacked systems, which can result in mission critical situations or monetary loss. No warranty of labor is provided on these types of systems. It is the responsibility of the “CLIENT” to ensure that a complete and recent backup of all data exists, and computer related prevention is addressed.

      • 7.2.5. easyTEK.technology accepts no responsibility or liability for: lost/missing or corrupted data due to installation or upgrading of a 3rd Party Applications which can result in mission critical situations or monetary loss. No warranty of labor is provided on these types of systems. It is the responsibility of the “CLIENT” to ensure that a complete and recent backup of all data exists.

      • 7.2.6. easyTEK.technology reserves the right to decline any warranty including but not limited to other Information Technology Support Providers actions, such as: when the End User / “CLIENT” (or another administrator / 3rd party) elects self-installation of hardware/software in a corporate setting. This includes applications, Windows/Microsoft updates, other software updates, and any hardware installation.

  • 8. LIMITATION OF LIABILITY
    • 8.1. easyTEK.technology, its principal members and employees, shall not be liable for any direct or indirect damage to the customer other than actual damages directly and proximately resulting from the failure, delay, or non-performance of the services. The total liability of easyTEK.technology for such damages will be limited and will not exceed $100,000.00 (one hundred thousand dollars) per claim and/or $100,000.00 (one hundred thousand dollars) per aggregate for services rendered during the term of this Service Level Agreement. The liability arising out of contract, tort, breach of warranty, infringement or otherwise, shall not include liability for loss of profits, loss, or inaccuracy of data or indirect, special, incidental, or consequential damages.

  • 9. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
    • 9.1. All programming, copyrightable works, writings, drawings, designs, or other works created or developed by easyTEK.technology or its personnel during the performance of this Agreement and delivered to the “CLIENT” shall become the property of the “CLIENT.” The “CLIENT” does not grant to easyTEK.technology or its personnel any rights or licenses to the works delivered by it to the “CLIENT” under this Service Level Agreement. All copyright, patent, trade secrets, and other intellectual property rights arising out of the works created or developed by easyTEK.technology or its personnel in performance of this Service Level Agreement shall be the exclusive property of the “CLIENT.”

  • 10. FACTORS BEYOND CONTROL OF EITHER PARTY (FORCE MAJEURE)
    • 10.1. No party shall be liable for any loss or damage due to failure or delay in rendering any service called for under this Service Level Agreement resulting from any cause, including but not limited to acts of God, flood, hurricane, extreme weather, fire, or other natural calamity, acts of governmental agencies, or similar causes beyond either party’s reasonable control.

  • 11. RIGHT TO USE SUBCONTRACTORS
    • 11.1. To ensure the prompt and efficient performance of its obligations hereunder, easyTEK.technology may subcontract any of the work to be performed.

  • 12. RIGHT TO SUBSTITUTE FOR ANY INVALID OR UNENFORCEABLE PROVISION
    • 12.1. The invalidity or unenforceability of any provision of the Service Level Agreement shall not affect the validity or enforceability of the other provisions, and this Service Level Agreement shall be construed in all respects as if such invalid and unenforceable provisions were omitted. easyTEK.technology and the “CLIENT” agree to substitute for any invalid or unenforceable provision a valid and enforceable provision that most closely approximates the economic effect and intent of the invalid and unenforceable provision.

  • 13. NON-HIRE CLAUSE
    • 13.1. The “CLIENT” acknowledges that easyTEK.technology is involved in a highly strategic and competitive business. The “CLIENT” further acknowledges that the “CLIENT” would gain substantial benefit and that easyTEK.technology would be deprived of such benefit, if the “CLIENT” were to directly hire any personnel employed by easyTEK.technology.

    • 13.2. Because employees are one of our most valuable assets, policy and professional ethics require that our employees not seek employment with or be offered employment by the “CLIENT” during engagement and for a period of one (1) year thereafter. Except as otherwise provided by law, the “CLIENT” shall not, without the prior written consent of easyTEK.technology, solicit the employment of easyTEK.technology personnel during the term of this Service Level Agreement and for a period of one (1) year following expiration of this Agreement.

    • 13.3. The “CLIENT” agrees that easyTEK.technology’s damages resulting from breach by the “CLIENT” of this provision would be impracticable and that it would be extremely difficult to ascertain the actual number of damages. Therefore, in the event the “CLIENT” violates this provision, the “CLIENT” shall immediately pay easyTEK.technology an amount equal to an employment placement fee of three hundred (300) times the last hourly rate billed to the “CLIENT” for said employee immediately due to easyTEK.technology, as liquidated damages and easyTEK.technology shall have the option to terminate this Agreement without further notice or liability to the “CLIENT”. The amount of the liquidated damages reflected herein is not intended as a penalty and is calculated based upon the projected costs easyTEK.technology would incur to identify, recruit, hire and train suitable replacements for such personnel.

    • 13.4. Your signature on this document confirms your organization’s agreement to adhere to this professional standard of conduct.

  • 14. GOVERNING LAW AND EQUITABLE RELIEF
    • 14.1. This Agreement shall be governed and construed in accordance with the laws of the United States of America and the State of Colorado and “CLIENT” consents to the exclusive district of the state courts and federal courts located there for any dispute arising out of this Agreement. “CLIENT” agrees that in the event of any breach or threatened breach by “CLIENT”, “CLIENT” may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect “CLIENT” against any such breach or threatened breach.

  • 15. FINAL AGREEMENT
    • 15.1. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.

  • 16. SURVIVAL
    • 16.1. This Agreement shall always continue in full force and effect.

  • 17. SUCCESSORS AND ASSIGNS
    • 17.1. This Agreement and each party's obligations hereunder shall be binding on the representatives, assigns, and successors of such party and shall inure to the benefit of the assigns and successors of such party; provided, however, that the rights and obligations of “CLIENT” hereunder are not assignable.

  • 18. SERVERABILITY
    • 18.1. If any term of this Agreement is held by a court of competent district to be invalid or unenforceable, then this Agreement, including all the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

  • 19. NOTICES
    • 19.1. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, prepaid postage, or recognized overnight delivery services.

    • easyTEK.technology, LLC (D.B.A easyTEK.technology)
      ATTN: Chad S. Clark (Managing Member)
      11052 Twenty Mile RD, APT 200,
      Parker, Douglas County, Colorado 80134-5101
      United States of America
      +1 720-807-4500 - Phone
      +1 720-817-3964 - Fax
      [email protected] - E-mail

  • 20. NO IMPLIED WAIVER
    • 20.1. Either party's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Service Level Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

  • 21. HEADINGS
    • 21.1. Headings used in this Service Level Agreement are provided for convenience only and shall not be used to construe meaning or intent.

  • 22. ATTORNEY’S FEES
    • 22.1. If any action at law or in equity is brought to enforce or interpret the provisions of this Service Level Agreement, the prevailing party in such action shall be awarded its attorneys' fees and costs incurred.

  • 23. COUNTERPARTS AND RIGHT
    • 23.1. This Service Level Agreement may be signed by counterparts, which together shall constitute one agreement. The person signing on behalf of “CLIENT” represents that he or she has the right and power to execute this Service Level Agreement.
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