NetTec NSI Service Agreement
Terms & Conditions
This Service Agreement (“Agreement”) governs all services provided by NetTec NSI, LLC (“NetTec NSI,” “we,” “us”) to the client identified on an order form, proposal, or subscription (“Client,” “you”). By purchasing or using our services, Client agrees to be bound by this Agreement.
1. Term and Renewal
1.1 Term. This Agreement begins on the effective date of service and continues until terminated in accordance with this Agreement.
1.2 Automatic Renewal. All subscription and managed services automatically renew for successive terms of equal length unless either party provides written notice of non‑renewal at least ninety (90) days prior to the end of the then‑current term.
1.3 Third‑Party Commitments. Certain services (including Microsoft Azure and other cloud services) may require 1‑year or 3‑year commitments, upfront payment, or ongoing payment obligations imposed by the vendor. Client agrees to all such third‑party terms selected at the time of purchase and remains fully responsible for those commitments.
1.4 Cancellation Work. Any work required to cancel or transition services will be billed at NetTec NSI’s then‑current non‑managed hourly rate.
2. Scope of Services
2.1 Included Services. Depending on the service plan purchased, NetTec NSI may provide managed services, IT administration, help desk support, monitoring, patching, consulting, system design, installation, configuration, troubleshooting, backup configuration, restoration, training, development, and related professional services.
2.2 Additional Services. Services not expressly included—such as application hosting, cloud services, web hosting, licensing, disaster recovery, and security monitoring—are available at then‑current rates and remain subject to this Agreement.
3. Fees and Payment Terms
3.1 Fees. Client agrees to pay all fees in U.S. currency in accordance with NetTec NSI’s current rate schedule. Rates may change upon prior notice.
3.2 Billing Increments. Unless otherwise stated:
Time is billed in 15‑minute increments
Minimum one (1) hour for all onsite work (including travel)
Minimum one (1) hour for all offsite work
3.3 Invoices and Due Dates. Invoices are due on the 1st of the month or within thirty (30) days of issue unless otherwise stated.
3.4 Disputed Charges. Client must submit any bona fide billing dispute in writing with documentation within sixty (60) days of the invoice date. Undisputed amounts remain payable and may not be withheld.
3.5 Late Payments.
Past‑due balances accrue interest at 10% per month, compounded monthly
NetTec NSI may suspend services for unpaid balances exceeding 30 days
Remote Monitoring, RMM, and Remote Desktop services are subject to immediate suspension for non‑payment
3.6 Prepaid and Non‑Prorated Services.
Subscription services are billed for the entire month
No prorating for partial months
RMM and similar services are billed in advance, due on the first of the service month
3.7 Collection Costs. Client is responsible for all reasonable costs of collection, including attorney and agency fees.
4. Hours of Operation and Emergency Services
4.1 Standard Hours. Monday–Friday, 8:00 a.m. to 5:00 p.m., excluding national holidays.
4.2 After‑Hours and Emergency Work. Services outside standard hours, holidays, or emergency requests are billed at applicable after‑hours rates. Availability is not guaranteed.
5. Client Responsibilities
5.1 Designated Contact. NetTec NSI will accept service requests and instructions solely from Client’s designated contact unless otherwise authorized in writing.
5.2 Access and Cooperation. Client must provide timely access to systems, personnel, and information reasonably required to perform services.
6. Data Ownership and Use
6.1 Client Data. All Client data remains the sole property of Client. NetTec NSI uses Client data only to deliver services and improve operations through anonymized and aggregated analysis.
6.2 Disclosure. NetTec NSI does not disclose Client data except:
At Client’s direction
As required by law
To redirect lawful third‑party requests to Client
6.3 Administrative Data. Billing and account contact information is considered NetTec NSI administrative data and may be used for operational and business purposes.
6.4 Post‑Termination. Upon termination, NetTec NSI has no obligation to retain, manage, or maintain Client systems, data, credentials, backups, subscriptions, or documentation.
7. Software and Third‑Party Products
7.1 Licensed Software. Client’s use of third‑party software is governed by the applicable vendor’s license terms.
7.2 Restrictions. Client may not copy, transfer, sublicense, reverse engineer, decompile, or distribute licensed software except as expressly permitted by law.
7.3 Export Compliance. Client agrees to comply with all applicable export control laws and regulations.
8. Warranties and Disclaimers
8.1 No Warranties. All services are provided “as is” and “as available.” NetTec NSI disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.
8.2 Third‑Party Warranties. Any hardware or software warranties are solely those of the manufacturer or vendor.
9. Limitation of Liability
9.1 Excluded Damages. NetTec NSI is not liable for indirect, incidental, consequential, special, or punitive damages, including loss of data, revenue, profits, business interruption, or downtime.
9.2 Liability Cap. NetTec NSI’s total liability under this Agreement is limited to correcting the affected service or, at NetTec NSI’s option, the fees paid for the specific service giving rise to the claim.
9.3 Force Majeure. NetTec NSI is not liable for delays or failures caused by events beyond its reasonable control.
10. Confidentiality
10.1 Confidential Information. Each party agrees to protect the other’s confidential information using reasonable care.
10.2 Injunctive Relief. Unauthorized disclosure may result in irreparable harm and entitle NetTec NSI to injunctive relief and recovery of enforcement costs.
11. Non‑Solicitation of Personnel
Client agrees not to hire or solicit NetTec NSI personnel during the term of this Agreement and for two (2) years thereafter. Liquidated damages for violation shall equal two (2) times the employee’s annual compensation.
12. Suspension, Termination, and Non‑Cancellation
12.1 Suspension. NetTec NSI may suspend services for non‑payment or material breach without relieving Client of payment obligations.
12.2 Non‑Cancelable Term. Managed service agreements are non‑cancelable during the active term.
12.3 Early Termination Fees. Client remains responsible for all third‑party early termination fees, including Microsoft Azure Reserved Instances.
13. Assignment
Client may not assign or transfer this Agreement without NetTec NSI’s prior written consent.
14. Entire Agreement and Amendments
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions or agreements. NetTec NSI may update these Terms, and continued use of services constitutes acceptance of updated terms.
CONTROLLING LAW
This AGREEMENT shall be governed by the laws of the State of South Carolina. The CLIENT hereby consents to the jurisdiction of the courts of Charleston County, South Carolina in enforcing any term hereof. It is agreed by and between the parties that any litigation regarding this AGREEMENT shall be conducted in state or federal court in Charleston County, South Carolina.
MICROSOFT CLOUD AGREEMENT
All Office 365, Azure, Remote Desktop Services and other cloud related Microsoft CLIENTS agree to the terms of the Microsoft Cloud Agreement. These terms are non-negotiable. By using any of these services CLIENT agrees to these terms. NetTec NSI is merely the cloud provider, service provider, hoster and reseller of Microsoft’s Cloud Services and subscriptions.
MANAGED SUBSCRIPTION AND MONTHLY MINIMUM SERVICE SUBSCRIPTION
The rate structure pursuant to this Service Contract between NetTec NSI, LLC and CLIENT may either be on a minimum monthly service subscription, or on an hourly basis without any monthly minimum subscription. The parties agree that efficiencies of scale permit NetTec NSI, LLC to offer its services at a reduced hourly rate to CLIENTs who retain a minimum monthly usage of the services of NetTec NSI, LLC. Accordingly, the parties to this Service AGREEMENT hereby agree that the CLIENT retains NetTec NSI, LLC to perform and provide services hereunder at rates agreed to below. CLIENT agrees that it shall pay NetTec NSI, LLC for the subscriptions at the rate agreed to on this Rate Schedule, whether the services of NetTec NSI, LLC have been actually been utilized or not. It is further agreed that any hours in addition to the minimum monthly rate specified below will be billed and paid at the hourly rate specified. It is further agreed that there shall be no carry forward hours if the CLIENT does not actually utilize the services of NetTec NSI, LLC for the minimum monthly retention in any particular month, and the computation of hours used in any month shall be computed from zero beginning on the first business day of each month. The minimum usage designated by the parties at the inception of this AGREEMENT shall control the fee for the services of NetTec NSI, LLC for the term of this Service AGREEMENT, unless the parties agree otherwise in a written instrument signed by authorized representatives of each party hereto. It is further agreed that NetTec NSI, LLC may change the rate structure set forth hereunder by updating this page. 100% of on premise or on site work performed by NetTec NSI, LLC will be billed and is billable to CLIENT. Drop off, pick up, delivery, drive time, setup, troubleshooting, installation, configuration, meetings and any other work that requires on premise or on site personnel will be billed at the current hourly rate to CLIENT.
RATE SCHEDULE NOTES
Non-managed subscribers pay AGREED UPON RATE plus an additional 25% for Emergency and After Hours Service. Note: availability of emergency service is NOT guaranteed.
Non-subscribers pay a minimum of 30 minute phone and one hour on-site plus travel time.
Non-subscribers pay the current rate as needed for Microsoft Support, typically $495 per incident.
After Hours Service is outside of normal business hours (M-F, 8-5).
Hourly rate depends upon services purchased. With RMM Services, all systems covered by RMM are entitled to the standard RMM hourly rate.
If not specified elsewhere, the hourly rate is $495.
Hourly project work for devices on RMM subscription = $195
Hourly project work for devices NOT on RMM subscription = $495
NetTec NSI LLC W-9
Exhibit A
Help Desk Service Statement of Work
1. OVERVIEW
This Statement of Work (“SOW”) for Help Desk Service has been entered into pursuant to the Schedule of Software and Services ("Schedule") between your organization (“You,” “Your” or “Client”) and NetTec NSI LLC and the terms of the then current Master Agreement and the applicable Addendum(s) located at https://NetTecNSI.com (collectively the "Agreement"). Such terms are incorporated by reference as if fully set forth herein.
The scope of the Help Desk Services may change and we may update this document from time to time. It is your responsibility to check this SOW periodically for changes.
2. SERVICE DESCRIPTION
NetTec NSI LLC’s Help Desk Service is a Help Desk Service which allows End users to obtain Help Desk Services. This SOW defines what is in scope, what is not in scope and CLIENT responsibilities. The CLIENT acknowledges and agrees that anything not specifically set forth herein as in scope is deemed out of scope. “End Client” or “End Client site” shall mean any entity for whom CLIENT provides one or more elements of the Help Desk offering.
3. Help Desk Service Options
CLIENTs have the option to select the hours the Help Desk Service is to be available for the End Clients.
Coverage Hours
The hours below are noted by End Client hours:
• 24x7: 24 hours a day, 7 days a week coverage
• After Hours and Weekends: 5:00 PM to 9:00 AM coverage
• Business Hours: 8:00 AM to 6:00 PM Monday through Friday
Holiday Coverage
During major holidays the Help Desk Service will operate with reduced staffing. Please know that reduced capacity will be in place for the following holidays or their observed dates:
• New Year's Day
• U.S. Memorial Day
• U.S. Independence Day
• U.S. Labor Day
• U.S. Thanksgiving & day after U.S. Thanksgiving
• Christmas Eve & Christmas Day
Location of Services
NetTec NSI LLC has multiple offices for Help Desk Service teams including Pittsburgh, PA, USA and Clark Freeport, Philippines. NetTec NSI LLC also hires technicians via a work from home policy. The following service levels are based from where the service is being delivered:
• US Voice: All phone contact is routed and managed by the North America-based Help Desk Service delivery team. Email and chat communications are routed and managed through any Help Desk Service location.
• Global: Help Desk Service requests may be routed to any Help Desk Service location with our Global Help desk being the priority routing.
• HD Premier: End Client interactions will be with the North America-based Help Desk Service delivery team. The North America-based Help Desk Service delivery team may utilize global resources to perform services which do not require voice interaction with the End Client (typically reserved for off hours/scheduled work or chat interactions during peak times or unusual interaction volume).
4. In Scope Services
NetTec NSI LLC will make commercially reasonable efforts to provide the following Services:
• Operating system (OS) versions currently supported by Microsoft and Apple
• Microsoft Office Suites current generally available version and at NetTec NSI LLC’s discretion, one previous version
• Email Clients: Microsoft Office 365 Outlook, Microsoft Windows Mail App, Google Workspace and Mac Mail
• Browsers: Chrome, Microsoft Edge, Firefox, and Safari
• Thin Client & Virtual Desktop Interface (VDI): Help Desk Service supports sites using a thin client by connecting to the server and remote controlling the end client’s session. The NetTec NSI LLC Remote Monitoring and Management (“RMM”) server agent must be installed on the server first, and if the end client is using a Windows or Mac desktop, the NetTec NSI LLC RMM desktop agent must also be installed on that desktop.
• AWS (Amazon Web Services) Workspaces. An RMM agent is required to be installed on each workspace (virtual machine). Help Desk Service technicians can reset/restart workspaces from the AWS management portal if accounts to access the portal and appropriate permissions are provided.
• Azure Virtual Machines. An RMM agent is required to be installed on each workspace (virtual machine). Help Desk Service technicians can reset/restart workspaces from the Azure Virtual Machines management portal if accounts to access the portal and appropriate permissions are provided.
• Help Desk Service will assist end clients with the restoration of files and folders owned/created by the same end client using NetTec NSI LLC Recover solution or Microsoft Previous Versions when enabled.
Interactions with End Clients:
1. Inbound phone interactions into the Help Desk Service designated phone numbers and 877-881-4651
2. Inbound chat interactions from the chat client accessed through the installed RMM agent or Microsoft Teams
3. Outbound callbacks requested through tickets opened through the Help Desk Service ticketing service
4. Outbound callbacks requested by the end client via email/phone/chat
Scope of Service for End Client Interactions:
1. Email or application crashed or not functioning properly
2. Printing issues
3. ODBC connectivity issues
4. File and folder access incidents
5. Isolate and remotely troubleshoot general hardware failures
6. Computer performance incidents
7. Scanning and removal of viruses / malware from individual workstations
8. For non-commercial networks (i.e. home networks), Help Desk Service will attempt to isolate network issues and direct the client to power-cycle attached devices (i.e. a local router)
9. For commercial / business / client sites, Help Desk Service will attempt to isolate network issues and direct the client to power-cycle access points and / or other attached devices (i.e. a local router). The Help Desk Service will perform power-cycle activities only with detailed, documented instructions and documented CLIENT approval. Documentation must list applications, application credentials, and precise instructions used to perform the power-cycle activities.
10. Install new tools when licensing and authorization are provided / purchased by the CLIENT.
11. OS Upgrades for desktops. Documented approval by CLIENTs is required due to risks associated with the upgrade.
12. Firmware updates for hardware. Documented approval by CLIENTs required due to risks associated with the upgrade
13. With CLIENT approval providing end users access to their work PC through their personal PC/home network using VPN/NetTec NSI LLC Control.
CLIENT Interactions:
CLIENTs may request work by opening a ticket by calling or chatting with the Help Desk Service. The Help Desk Service will schedule CLIENT interaction requests based on resource availability with the intention of limiting SLO degradation. Work will typically be performed after hours when the End Client workstation is not in use. The CLIENT acknowledges and agrees that the work may be completed by NetTec NSI LLC’s Global Help Desk Service team. You further acknowledge and agree that the work may require the Global Help Desk Service to call or email the end user.
Scope of service for CLIENT initiated tasks:
1. Mailbox and distribution list creation
2. Password resets and unlocking of domain accounts
3. File and folder permission changes
4. Microsoft Outlook profile set-up activity
5. For users that have a workstation with an agent installed and/or a user that has an RDP access to a server that has an Elite Server Care agent installed, single mobile device email setup and configurations along with email, contact, and calendar synchronization
6. Troubleshooting Office 365 restoration include emails, calendars, OneDrive files and folders, SharePoint Sites and data, and Microsoft Teams data for those CLIENTs using NetTec NSI LLC Recover for SaaS or 365 backup
7. Google Workspace restoration include Gmail, Google Drive, Calendar, and Google Sites for those CLIENTs using NetTec NSI LLC Recover for SaaS
8. Single user create, update, or delete activity
9. Single PC setup
10. Single Office 365 account maintenance
11. Single endpoint protection scan
12. Single Performance scan
CLIENTs may initiate requests for work to multiple end points for a single site. An CLIENT request for the same action involving more than 5 end points per day (per site) is considered a project that will be escalated back to the CLIENT. CLIENTs may also opt to use NetTec NSI LLC's Tech Advantage Service to fulfill these requests for an additional pre-determined not to exceed fee.
5. Out of Scope Services
1. The Help Desk Service does not change network configurations, including firewalls, nor does it provide support for troubleshooting or power-cycling network gear found in server rooms, data centers, or other computer/networking space. Firewall support and changes is part of the Elite Network Care service.
2. Fix database corruption issues
3. Help Desk Service will not perform any virtualizations, policy changes on a Recover product.
4. Help Desk Service will not perform services on non-NetTec NSI LLC backup and restoration products
5. End Client Training – example teaching clients how to use PowerPoint
6. Unless otherwise approved and documented by the CLIENT, downloading and installing 3rd party applications
7. Contacting 3rd party vendors for support – this will be done as a Tech Advantage Project, a paid service with pre-approval by CLIENT.
8. Help Desk Service will not install any solution unless the licenses are provided. To reduce the risk of fraud, under no circumstance will the Help Desk Service engage in financial transactions and or the procurement of licenses on CLIENT’s behalf.
9. Support for Mobile Device Management Solutions
10. Citrix is not part of Help Desk Service standard offering
11. IT Based Projects support – All CLIENT IT based projects that result in Help Desk Service contact will be escalated to the NetTec NSI Tier 4. Tier 4 will coordinate with the Help Desk Service when there is an expectation of calls/emails/chat/tickets following a CLIENT initiated IT project.
12. Hardware-related issues (hard disk, memory, power supply, etc.). All hardware and/or equipment issues will be escalated to the on-site team for remediation after pre-approval by client
13. Issues detected with the NetTec NSI LLC’s platform, billing, automation. The NetTec NSI LLC Product Support Team will work directly with the CLIENT on these issues,
14. Internet service provider (ISP) outages are reported to ISP if CLIENT subscribes to Elite Network Care and are worked as a Tech Advantage project otherwise and will require pre-approval.
15. Hardware, software, or ISP vendor ticketing and management are billed hourly as a Tech Advantage project.
16. On-site support at CLIENT and/or end client locations for hardware and physical connectivity issues are billed hourly as a pre-approved Tech Advantage project.
17. Anything not specifically identified as in scope.
6. CLIENT Responsibilities
The following items are the CLIENT’s responsibility and the CLIENT agrees to comply and timely complete all such items:
• Register, review and promptly complete the Help Desk Success course
• Review and promptly complete the Activating Help Desk steps
• Review and setup security best practices and follow the following steps to provide the Help Desk Service access to MFA protected end points. Custom Passwords and Properties
• End Client Sites must be enrolled in Help Desk Service. A service level and hours of coverage must be selected via email
• RMM Agent must be installed at the end point before NetTec NSI LLC will provide services. NetTec NSI LLC can install an RMM agent if one is not detected at NetTec NSI LLC’s then current rates.
• In order to provide a good experience for End Clients, the Help Desk Service must be able to recognize the number calling. This is done by the data the Client provides through the Contact template upload process via email.
• It is the Client’s responsibility to ensure that the documentation has the appropriate information for access and instructions for escalation.
• Client must provide necessary credentials for Help Desk Service backup access, firewalls, admin portals, third party portals, domain registrars, etc. and encryption passphrases.
7. Service Level Objectives:
NetTec NSI LLC endeavors to provide the following service levels:
• Speed of Answer Target: 70% of telephone calls and chats answered in 1 minute or less
• -70% of email and PSA tickets are answered in 12 hours or less
• Interaction Handle Time Target: approximately 25 Minutes
• Resolution Rate Target: 75% of interactions resolved without the need of escalation
• Client initiated requests completed by 6:00 AM (local machine time zone) the day following the request. For sites subscribed to Business Hours support, projects will be completed by the next business day rather than the next calendar day
8. How CLIENTs/Partners contact the Help Desk Service
CLIENT may provide the following number and email address to their end users (end clients) to contact the Help Desk Service:
o US: +1 866 520-6414
o AU: +61 (2) 8115-5681
o UK: +44 (13) 4453-5341
o Toll: +1 724 -720-9076
o Taiwan: +886 801491168
o India: +91 8000-503272
o France: +33 801 84 14 18
o Netherlands: +318 0002 28288
o Email: 24x7helpdesk@nettecnsi.com