Standard Service Terms and Conditions
Effective January 1, 2022

By engaging the services of SpectrumIT, you, as the Client, agree to the following Terms and Conditions:

  1. Hours of Operation. SpectrumIT’s standard business hours are Monday through Friday, 8:00 AM – 5:00 PM CST, excluding holidays.
  2. Minimums for Non-Contract and Project Work.
    1. On-site service is subject to a one (1) hour minimum and billable in ¼-hour increments after the first hour.
    2. Remote Support, including Help Desk, is subject to a ½-hour minimum and billable in ¼-hour increments after the first hour.
  3. Standard Rate Schedule.
      1. Hourly Rates
        1. SpectrumIT’s Standard Service labor rate is $175 per hour.
        2. SpectrumIT’s Standard Consulting and Cybersecurity Service labor rate is $200 per hour.
        3. SpectrumIT’s Azure & AWS Cloud Consulting Service labor rate is $250 per hour.
        4. SpectrumIT’s CIO Advisory Service labor rate is $250 per hour.
      2. Services are subject to the following minimums:
        1. Remote/phone support minimum is ½ hour
        2. On-site support minimum is 1 hour.
      3. On Site Fees
        1. A “trip charge” or “travel surcharge” based on site location will apply to on-site service per site visit.
        2. For sites beyond 100 miles of SpectrumIT offices, Per Diem of $149 will apply for services that span consecutive days or exceed 8 hours per day.
      4. After-Hours Rates
        1. Unless scheduled for the convenience of SpectrumIT or otherwise indicated above, after hours and weekend service is not covered under this Agreement.
        2. For services rendered MON – FRI, 5:00PM – 8:00AM, at the request of the Client, hourly rates are 1.5 times the client fees, excluding holidays.
        3. For services rendered on weekends or holidays, at the request of the Client, rate is 2 times the client fees
  4. Invoicing/Payment Terms.
    1. For customers without an existing SpectrumIT account, payment is due upon receipt of service.
    2. For those customers on account, account invoice payment terms are Net 15. Any claims/disputes arising from invoices must be made to SpectrumIT within five working days of the invoice date.
    3. Terms for monthly recurring charges will be defined in corresponding Service Level Agreement.
    4. Finance charges of 1.5% (18% annum) will be assessed on all invoices not paid within account terms.
    5. For projects and/or product purchases over $2,500.00, terms are 50% at the time of order and balance due upon delivery.
    6. Payment. All payments shall be made in U.S. dollars in immediately available funds.
      1. Checks shall be made payable to SpectrumIT, Inc.
      2. Auto-Payments. You may elect to have your recurring fees automatically drafted from your bank account via ACH. Should you elect this option, an Auto-Pay Authorization form must be completed and signed.
  5. Returned Check Policy. Payments made by check that are not honored by the bank will incur a returned check fee of $30. Payment will be reversed from the client’s account when a check is returned by the bank and the account will be considered “past due” and subject to finance charges. A collection letter is sent to inform the account holder of the returned check and consequences if not paid within 10 business days. Any accounts not settled within 10 business days may also be subject to additional penalties and court fees. Returned check reimbursement payments must be in the form of cash, cashier’s check, certified check or money order. SpectrumIT will not accept checks as payment if two checks have been returned for insufficient funds.
  6. General Health & Safety. You agree to comply with all applicable health and safety protocols. You agree to remedy any conditions which exist that have the potential to create a hazard.
  7. Site Access. You will be responsible for obtaining proper and adequate permission for us to enter upon and operate within the lands and properties designated as your work area.
  8. Data Responsibility. SpectrumIT will make every effort to ensure client’s data integrity remains intact during the servicing process; however, client is responsible for maintaining and having available a current backup of data on external media in the event reinstallation/reformatting is required. If the computer needing service has any malware, spyware or viruses that have contributed to the problem(s) that the client has reported, the data and/or operating system may have become corrupt, deleted, or inaccessible as a result. Thus, the client does not hold SpectrumIT, Inc., its associates, technicians, or Affiliates responsible for any data loss, or costs associated with reinstallation of an operating system or reconfiguration of any personal user profile accounts needed to restore the affected system back to normal operation (factory settings).
  9. Malware and Virus Removal or any suspected malicious activity. For malware or virus-related service requests, SpectrumIT, Inc. will perform system scans using malware and virus removal software to determine whether a reinstallation of the operating system is necessary to fully resolve the problem. These scans could take 4 hours or more to complete, depending upon the number of files to be scanned. SpectrumIT, Inc. will attempt to get initial results within the first hour of service to determine whether a full windows reinstallation will be necessary to remove the infections.
  10. Hold Harmless Agreement. SpectrumIT assumes no responsibility for the nature and character of the data on client’s equipment. Via the diagnosis process, it is probable that data stored on your equipment will be viewed by SpectrumIT personnel. If you have something you don’t want seen, you should remove such data prior to our servicing your equipment. SpectrumIT will not do anything with your data unless it is deemed to be in violation of the laws of the State of Florida and/or the United States of America.
  11. Software Responsibility. The client is responsible for possessing valid, licensed copies of all operating system and application software with any authenticity key codes for any reinstallations. Client is responsible for maintaining original installation software media. You may be asked to provide proof of ownership of software installed on your computer. If software is unavailable, the client may purchase a copy from SpectrumIT, Inc. at the current price plus any ordering and handling fees associated with that purchase.
  12. Handheld Devices.
    1. In requesting assistance with Handheld Devices, Client agrees not to hold SpectrumIT responsible for any action caused by any third-party participation. Example: In assisting with support on a smartphone, the vendor tech support “flashes” or resets the phone to defaults and the Client’s contacts, history, photos, etc. are deleted. SpectrumIT will not be held responsible for such action/result.
    2. It is the Client’s responsibility to provide SpectrumIT with the appropriate documentation regarding handheld configurations in order to properly troubleshoot issues.
  13. Non-Solicitation Covenant. SpectrumIT considers our staff and technicians to be our most valuable assets. By hiring SpectrumIT, Client agrees to not solicit, either directly or indirectly, SpectrumIT staff or technicians for service or employment independent of the client’s relationship with SpectrumIT. In the event a client directly or indirectly employs a SpectrumIT employee outside the client’s relationship with SpectrumIT during or within one year of the employee’s tenure with SpectrumIT, client agrees to compensate SpectrumIT a minimum of $30,000 or an amount equal to the employee’s annual salary with SpectrumIT, whichever is greater, plus any training or education fees SpectrumIT invested in the employee during the 12-month period prior to employee’s last work date with SpectrumIT.
  14. Cancellations and No-Shows. The client is to cancel any service request at least 2 hours prior to suggested service time window. If the technician arrives and the client is not available, 2 attempts to contact the client’s contact number will be made within a 15-minute window after technician arrival. If no response is received, client will be deemed as a no-show. All no-shows and cancellations less than 2 hours prior to the suggested service time window will result in a $95 fee billed to the client.
  15. Equipment Operation. Prior to the technician leaving, he/she should check to ensure that the client can operate the equipment in a manner that is acceptable by being able to print, access the internet and access email. If there is no printer or the client does not access the internet, this requirement is not applicable.
  16. Warranty on Service and Parts.
    1. Except for malware/spyware/virus removals, SpectrumIT warranties its labor for thirty (30) days following date of customer acceptance of service, provided no changes have been made to the system by client or third party. Recurrences of malware or any suspected persistent malicious threats are the fault of the client based on computer usage after service. If, after customer acceptance, any additional support is needed to continue resolution on any issue service will resume at 15-minute incremental billing (1-hour minimum not applying).
    2. SpectrumIT, Inc., does not offer hardware guarantees beyond the manufacturer’s warranty. Warranty processing assistance is available at SpectrumIT’s standard rate.
  17. Confidentiality.
    1. Confidential Information. As used herein, “Confidential Information” means (a) the terms and conditions of these Policies and the Agreement; (b) each party’s trade secrets, current or future business plans, strategies, opportunities, methods and/or practices; and (c) other information relating to either party that is not generally known to the public, including information about either party’s personnel, customers, designs, protocols, know-how, processes, costs, prices, finances and research and development. In addition, each Party agrees that all processes and protocols provided by the other party hereunder are Confidential Information of such other Party. Confidential Information specifically excludes (i) information that is now in the public domain or subsequently enters the public domain by publication or otherwise through no action or fault of the other party; (ii) information that is known to either party without restriction, prior to receipt from the other party, from its own independent sources as evidenced by such party’s written records, and which was not acquired, directly or indirectly, from the other party; (iii) information that either party receives from any third party reasonably known by such receiving party to have a legal right to transmit such information, and not under any obligation to keep such information confidential; and (iv) information independently developed by a party’s employees or agents; provided that such party can show that those same employees or agents had no access to or use of the Confidential Information received hereunder.
    2. Mutual Non-Disclosure. You and us each agree and acknowledge that, as a result of the Service Engagement, each party has and shall have access to certain of the other party’s Confidential Information. Each party also understands and agrees that misuse and/or disclosure of that information could adversely affect the other party’s business. Accordingly, the parties agree that each party shall (a) use and reproduce the other party’s Confidential Information only for the purposes of the Service Engagement and only to the extent necessary for such purpose; (b) restrict disclosure of the other party’s Confidential Information to its employees, consultants or independent contractors with a need to know; and (c) not disclose the other party’s Confidential Information to any third party without prior written approval of such other party. Notwithstanding the foregoing, it shall not be a breach of Confidentiality for either party to disclose Confidential Information of the third party if required to do so under law or in a judicial or other governmental investigation or proceeding, provided the other party has been given prior notice and the disclosing Party has sought all reasonably available safeguards against widespread dissemination prior to such disclosure.
  18. Disclaimer of warranties; limitation of damages.
    1. We and our Affiliates make no warranties of any kind, expressed, implied, or statutory, regarding the functionality of hardware or software, including but not limited to all warranties (implied or expressed) of merchantability or fitness for a particular purpose but instead rely on the warranties provided by the manufacturer of each product. We do not make, and hereby disclaim, any and all express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, noninfringement and title, and any warranties arising from a course of dealing, usage or trade practice. There is not warranty against interference with your enjoyment of the information or against infringement regardless of whether the action arose inside or outside the United States. There is no warranty against inaccuracy. There is no warranty of systems integration. There is no warranty that our services will fulfill any of your or any authorized user’s particular purposes or needs.
    2. We provide the services “as is.” You expressly agree that use of our services is at the sole risk of you and each authorized user. You acknowledge that the use of the services by you and each authorized user are at your own risk and that there is no warranty of uninterrupted or error-free service or accuracy or reliability.
    3. We and our Affiliates shall not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or for any lost data or confidential information, including but not limited to damages for lost profits, costs of procurement of substitute goods or services, business interruption arising from or relating to this agreement, loss of programs or information, and the like, that result from the use or inability to use the services or from mistakes, omissions, interruptions, deletion of files or directories, loss of data, errors, defects, delays in operation, or transmission, or any failure of performance, however caused and under any theory of liability (including negligence or other torts), even if we have been advised of the possibility of such damages. Notwithstanding this section 19, we do not exclude or limit liability in respect to personal injury or death to the extent such liability cannot be excluded or limited under applicable law.
    4. You acknowledge and agree you have relied on no warranties except those provided by the manufacturer.
    5. You agree that the total liability of us and our Affiliates and the sole remedy of you and any end user for any claims regarding our services is limited to your right to terminate the services. Further, should a court nonetheless find that remedy is not exclusive or that we are for any reason nonetheless liable for money damages, our cumulative liability in connection with our services, whether in contract, tort or otherwise, shall not exceed the amount paid to us by you during the three months preceding the events giving rise to such liability. The existence of more than one claim shall not enlarge that limitation of liability.
    6. We are not obligated to exercise any control over the content of the information passing through our network except those controls expressly provided herein or as governed by the laws of the State of Florida and the United States of America.
    7. We are not obligated to exercise any control over the content of the information passing through your network except those controls expressly provided herein or as governed by the laws of the State of Florida and the United States of America.
    8. You acknowledge that (a) we are in no manner responsible for any action or inaction of any third party, including, but not limited, hardware or software vendors or Internet service providers; (b) we have not represented that the Services shall be uninterrupted, error-free, or without delay; and (c) we do not and cannot control the flow of data through the Internet, and such flow depends in large part on the performance of third parties whose actions or inaction can, at times, produce situations in which connections to the Internet (or portions thereof) may be impaired or disrupted. ACCORDINGLY, YOU ACKNOWLEDGE THAT WE DISCLAIM ALL LIABILITY RELATED TO EVENTS OUTSIDE OF OUR CONTROL AND/OR IN THE CONTROL OF THIRD PARTIES, AND YOU SHALL HAVE NO RIGHT TO RELY UPON ANY REPRESENTATION OR WARRNTY OF ANY THIRD PARTY IN RESPECT TO THE SERVICES. Further, you acknowledge that, in providing the Services, we shall necessarily rely upon information, instructions, and services from you, your Administrator, employees and agents, and other third parties providing computer and communications hardware, software, and Internet services. You fully assume the risk associated with errors in such information, instructions, and services.
  19. Errors and Omissions. SpectrumIT, Inc., cannot be held bound or held responsible for typographical errors or omissions.