This Terms of Service agreement is entered into between allCare IT Corp., located at 1000 Gardiners Road, Suite 202, Kingston, Ontario (“allCare IT”, “we,” “us,” or “our”)”, and the Client (“Client,” “you” or “your”). By signing this agreement, the Client understands and accepts the terms contained within.
The purpose of this agreement is to outline the responsibilities, rights, and expectations of both parties. This open communication delivers peace of mind and clear expectations for all, clearing the way for a successful and beneficial partnership.
allCare IT Responsibilities
allCare IT will provide the services included in the quote or proposal signed by the Client.
This agreement applies to Clients of allCare IT who are not on a Managed Services Agreement. There is no commitment or expectation on the Client's part to receive IT support beyond what is specifically stated in the signed quote or proposal.
allCare IT will provide technical services and support as requested by the Client on a per case basis.
We promise our methods meet or exceed industry standards for security, reliability, and performance. We promise to provide exceptional human-first customer service. We also promise that we will show respect and professionalism to your team and ask that the same is given to all members of our team.
We will provide you with recommendations to protect your business, which will be up to your discretion to accept or reject.
The client will receive a monthly invoice consisting of any reoccurring monthly charges. Please see Appendix A for details of services you may be using including product descriptions, inclusions, and exclusions.
The client will receive additional invoice(s) for any service provided.
Projects. allCare IT will provide an estimate to the Client for requested projects. This estimate will describe the scope of work and the estimated time it will take to complete. If additional work or training not specifically outlined in the quote is requested, this will be charged at our hourly rate.
Service Level Objectives. allCare IT will meet or exceed the following Service Level Objectives (SLO) as outlined below. To ensure SLO response time is met, allCare IT employs tools and tracking systems and will provide reports to the Client if requested. This guarantee applies to response time, not resolution time.
| Issue | Priority | Response Time | Support Tier Starting Point |
|---|---|---|---|
Crisis / Site Down - Service not available (75% - 100% of users and functions are affected) | 1 | 1 Hour | Senior Technician |
Major - Significant degradation of service (25%-75% of users have been affected) | 2 | 2 Hours | Intermediate Technician |
Minor - Limited degradation of service (limited number of users or functions affected, business process can continue slowly). | 3 | 3 Hours | Junior Technician |
No Impact – No business is impacted; business can function normally | 4 | 4 Hours | Junior Technician |
Crisis issues are defined as issues that affect the Client to the extent that all staff are no longer able to perform their basic duties or that put the cybersecurity of the Client’s data or network at immediate risk.
If something truly beyond our control (like a natural disaster, major power or Internet outage, or government action) our ability to respond may be impacted. Neither of us will be held responsible.
ThreatLocker Tickets. These tickets are prioritized, and we aim to resolve them within 15 minutes. If a piece of software is suspicious, it may take more time to test. Our team handles these requests during our regular business hours, Monday – Friday, 8 am – 5 pm. If you require 24/7 support, this service is available for an additional cost.
Client Responsibilities
For things to go smoothly, we’ll need your help:
The client will appoint an employee to serve as the primary contact to allCare IT. This person who will have the authority to make decisions on behalf of the Client and must respond promptly to any request from allCare IT to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for allCare IT to perform requested services.
Use the specific methods outlined in the client handbook to submit support requests. (Ex. Email [email protected], via our portal: https://allcareit.halopsa.com/portal/, or call 613-817-1212. Please do not submit requests verbally or to individual technician's emails.
Include all relevant information in your support request (ex. Your name, a description of the issue and any relevant information you feel will help our team quickly resolve the issue, the ticket’s urgency or if there is a specific day/time you need support.)
For security and efficiency, our team needs to be informed of changes within your organization (ex. new or terminated employees.) Please see our Client Handbook for full details.
Assign a main contact person who will prioritize swift communication, allowing us to provide fast service.
Payment for Services. The client accepts that they will receive invoices for monthly recurring expenses at the start of the month and agrees to pay the invoice within 30 days of receipt. Invoices for service rendered will be sent upon completion of the service and are due within 30 days of receipt.
Fees are payable by cheque, credit card (with the addition of 2.9% service fee), EFT or email transfer payable to [email protected].
Late payment of invoices will result in interest fees being charged at a rate of 2.0% per month. allCare IT may terminate the agreement if payments are over 30 days late or late twice in any 12- month period.
Ninety percent of hardware orders must be paid before being ordered.
We provide support remotely as a default; however, certain tasks must be performed on site. Travel time is billable at our regular hourly rate of $160/hour. Time is billed in 15-minute increments.
Terms and Cancellations
There is no commitment to continue this agreement for a specified period. To cancel this agreement, either party may provide written notice 60 days prior to the end of a payment cycle.
Microsoft NCE Contracts. allCare IT acts as a reseller between the client and Microsoft. If the Client has entered a yearly contract for Microsoft licensing, the Client must fulfill their contractual obligation to Microsoft despite cancelling services with allCare IT.
Termination of Agreement. In the event of termination of this agreement, allCare IT will uninstall all remote monitoring and management software. The Client acknowledges that this may leave its computers and other equipment without adequate systems for updates to operating systems, software, and virus scanning programs. allCare IT shall not be held responsible for any damages or consequences resulting from the removal of remote monitoring and management software.
If either party terminates this Agreement, allCare IT will assist the Client in the orderly termination of services, including timely transfer of services to another designated provider.
In the event of termination of this Agreement, allCare IT will:
Provide the Client or their new provider with a runbook containing all passwords, documentation and information about the Client’s information technology known to allCare IT.
Provide reasonable cooperation and assistance upon the Client’s written request and at the Client’s expense in transitioning services to an alternate service provider.
Permanently erase all the Client’s confidential information from allCare IT
Pricing and Modification of Agreement
As security needs change, allCare IT will update their security stack, tools and practices to provide up to date and best available cyber security protection. Pricing may change accordingly, provided that allCare IT provides the Client written notice of such increase at least thirty (30) days prior to the effective date of such increase.
Monthly contract fees will increase or decrease as the Client adds or removes users and services.
Insurance
allCare IT will maintain sufficient WSIB insurance to cover employees of allCare IT while onsite at the Client’s location(s). The Client will not be held responsible in the event of a workplace injury to any of the employees of allCare IT.
allCare IT will maintain its own cybersecurity insurance and highly recommends that the Client also acquire sufficient cybersecurity insurance. The Client must inform allCare IT if they hold a Cyber Insurance Policy as well as provide allCare IT with an up-to-date copy of the policy for our records to ensure the Client meets compliance requirements of their policy.
Non-Disclosure
allCare IT acknowledges all data belongs to the Client and we will not disclose the Client’s confidential information or identity to any third person, competitors, or to use such confidential information for any purpose other serve the Client’s IT and cybersecurity needs.
No Recruitment or Solicitation
For the duration of the working relationship of the two parties and for a period of one (1) year thereafter, neither the Client, nor allCare IT shall, without the prior written consent of the other, hire, retain, engage, or make an offer to any employee, contractor, or consultant of the other party.
Limitation of Liability
allCare IT makes every effort to provide superior cybersecurity protection, however, both parties acknowledge these measures minimize cyber risk, but it is not possible to guarantee that a cyber incident will not occur. Neither party will be liable to the other for damages including, but not limited to, any loss of data or software, inability to correct any errors, malfunctions and defects in software, business interruption, loss of profits or revenue, loss of use of equipment or delay in performing any services hereunder. In no event will either party be held liable to the other for any indirect, special, or consequential damages arising out of or related to this Agreement whether or not either party had known in advance the possibility thereof.
By signing a quote or proposal the Client is agreeing to these terms and to a strong, professional partnership with allCare IT.
Appendix A:Product Inclusions and Exclusions
Security Suite
Installation of our security suite is included in the onboarding project. Updates are done by software included in this suite including over 300 different third-party software applications. If line of business software is used by the Client that is not included, updating and/or vendor support will be charged for the time required to perform the updates.
ThreatLocker approval requests are included during business hours. 24/7 support is available at an additional cost.
Our security software may produce alerts that require attention. Our team will contact you to explain the alert and request approval for appropriate remediation. Any agreed upon remediation is not included.
Onboarding and offboarding is not included.
Email Licenses
Features vary by license. allCare IT will consult with the Client to recommend appropriate licenses and features for the Client’s use. allCare IT will purchase the agreed upon licenses on behalf of the client at the same rate charged by the provider (Microsoft or Google).
Management of licenses and application support is not covered with purchase including: set up, adding or deleting new users, storage management such as adding storage space, support to access your M365 account or troubleshooting an application.
Backup Services
allCare IT will consult with the Client and provide recommendations, install, and monitor backups.
Backup recovery services are not included and will be charged for at our hourly rate.
Website & Domain Hosting
Our proposal will include required time to complete a website migration. allCare IT will maintain best security practices and ensure secure hosting. At times, websites may be designed using outdated or compromised tools, code or plugins. Remediation of issues arising from website design that is not our own are approved by and chargeable to the Client. We are not responsible for any downtime caused by such issues.
General IT Consultation
allCare IT will continually educate our clients on cybersecurity and best practices by way of blogs, social media, newsletters, webinars, and client communication. When the client requires consultation to choose appropriate services, allCare IT will endeavor to provide these services at no cost within reason.
If the Client requires training on services or products beyond what is specifically included in a proposal, time will be billed at our regular hourly rate.
The Client agrees to demonstrate appropriate respect for the time of allCare IT employees and owners. In turn, allCare IT will endeavor to support our clients in the most economic and sustainable ways possible.
MailProtector Shield (Email Security)
Training videos will be provided at onboarding. Additional or individual setup/training is chargeable.
Password Management Software
allCare IT will provide training and onboarding support for our password management software. If additional or individual support is required, this will be charged at our regular hourly rate. Password resets are chargeable.
New Hardware
Hardware purchased through allCare IT does not include delivery or setup. A quote will be provided for setup and/or delivery.
VoIP Business Phone
VoIP will be a project-based installation with all associated costs included in the project. Updates to the VoIP system are included. Support for technical issues arising from the provider (not the fault of the Client) are included.
Changes, moves, new equipment or additional services are chargeable.
AI Licenses
AI software/tools or custom AI applications do not include training or AI readiness.