1.  Responsibilities

1.1        Joint

1.1.1 Privacy and data protection

Through the act of providing support and installation services to the client, it may be necessary for our engineers to have access to and make copies of your personal and business data. Every sensible step will be taken to ensure that this data is kept secure for the duration that it is required and destroyed afterwards.

If you have any strong concerns about the safety and security of the data, please discuss this with the engineer carrying out the work and advise how the data needs to be handled. If you have any data protection or data privacy legislation that you require us to adhere to, it is essential that you communicate this to us so Entire IT can adhere to the required standards.

1.1.2 Mutual non-disclosure

Entire IT do not discuss specific or unique business operations about any of our clients outside of our professional requirement to provide services to those clients, however, should you require us to

complete a non-disclosure agreement by all staff, please ensure this is communicated and provided as part of the commencement of this agreement.

1.2        Entire IT

Upon the commencement of this agreement Entire IT will assume the role of managing your IT systems as if it were an IT department within your organisation. The client understands that Entire IT will be granted decision making responsibility of minor day to day IT changes and maintenance required to ensure the operation of the client's business systems. Items requiring the customers input and having significant impact on the client’s business systems will require the input of the primary contact and decision makers.

Entire IT does not have authority to make purchases of hardware or software for the client unless approved by the client in advance.

Entire IT will act to maintain continuity of service for all business-critical systems within the capabilities of the customers IT resources. Where necessary Entire IT will advise the client of significant changes or additional resources required to maintain the business. Where appropriate we may provide a range of options and outcomes.

Entire IT will ensure that it maintains the following systems where in place on customers systems:

• Remote Management and Monitoring Tools.
• Managed AntiVirus and AntiMalware.
• Backup, Business Continuity and Disaster recovery systems.

Entire IT will provide responsive and timely support to the client based on the information communicated to us.

Entire IT provide an out of hours on call engineer available via our standard telephone number. Calls will be answered from 7am until 10pm.

Entire IT will advise the client of any systems susceptible to risk of failure, high cost of remediation and prolonged downtime.

1.3        Client

• The client is responsible for communicating clearly and concisely any requests or faults via the methods outlined in the agreement summary.
• The client bears all responsibility for compliance with any regulation or legislation that governs their industry or place of work.
• The client is responsible for notifying Entire IT of any third parties carrying out work on the IT systems in advance to ensure that we provide secure access and that we have available resource to support the work being carried out.
• The client is responsible for notifying Entire IT of any staff changes, either new starters, leavers or changes in roles.
• The client is required to notify Entire IT of any new or additional computer systems added to the network in order for us to install and maintain the security of the network as a whole.
• The client is responsible for notifying Entire IT of the decommissioning and removal of any IT systems from their business network.
• The client is required to ensure that their business premises are clean and safe for Entire IT engineers to attend and provide any PPE required for our engineers whilst onsite.
• The client is responsible for communicating any requirement for additional resources, equipment and licenses to allow Entire IT to quote for the provision of this equipment.

1.4        Minimum standards

 Entire IT require that you ensure your IT practice falls in line with industry best practices which include but are not limited to:

• Ensuring computer software is kept up to date and is a current vendor supported version1
• Ensuring computer hardware is replaced appropriately based on age, reliability and performance
  • Ensuring you maintain at minimum a regular local and offsite data backup through a vendor supported backup system
  • Ensuring computer systems are protected with up to date vendor supported antivirus and antimalware software
  • Ensuring that computer hardware and software is business grade and fit for purpose
    • Ensure that mission critical hardware is covered by a manufacturer backed warranty for replacement
    • Ensuring critical systems are protected by uninterruptible power supplies
    • Ensuring wireless networks are secure and encrypted
    • Ensure that all software is fully licensed in accordance with vendors license terms
    • Ensure that the network is kept secure and that strong password policies are in place
    • Ensuring all wiring is compliant with IEEE and relevant safety standards
      • Ensuring that critical systems are kept in a clean, secure and in a temperature controlled environment where necessary
      • Ensure that work data is saved and applications are closed when computers are not in use overnight to allow automatic backups, updates and maintenance work to be carried out.

 

Failure to maintain the above standards may compromise our ability to offer fixed cost support, incur additional charges to remedy and unplanned downtime. Should any of the above be identified we will discuss with you the best way to remedy the situation.

Supported Version or In Support:

 

Most software vendors will only support the most current versions of their software and will provide limited support or no support for older versions. A product is deemed “In Support” if it is currently supported by the vendor.

A vendor may offer support for multiple versions of software including the current and last x number of versions in which case these are considered a supported version. Details regarding which versions are “In Support” are generally provided on the vendors website or via their technical support department.

 

2.  Payment and invoicing

 

• Monthly Fees are payable in advance and will be invoiced to the Client on a monthly basis. They will become due and payable on the 1st day of each month.
• Services will be suspended, and the Client will be considered in default if payment is not received within 7 days following the date due.
• Services and additional systems added during the month will be billed from the date that they were added.

 

3.  Service outside Normal Working Hours

 

Emergency services requested outside of the hours of 8:30 am – 5:00 pm Monday through Friday, and including all major public holidays, may be subject to additional charges.

Remote or Onsite Service requested between 5:01pm and 10:00pm will be billed at Clients discounted rate plus a 50% surcharge.

Remote or Onsite Service requested between 10:01pm and 7:00am will be billed at double Client’s discounted rate. 7:01am to 8:29am will be billed at standard rate plus a 50% surcharge. Any work needed to rectify a Server-Down situation is included on BEST Total Care plans.

 

4.  Right to refusal of support

 

Both Entire IT and the client maintain the right to refuse either the receipt of support or to deliver support. This may arise from inconvenient timing, a high risk of unacceptable outcome, willingness to accept the fault until a replacement or better resolution is available.

Entire IT maintain the right to not provide support for cases where the end user has disobeyed specific instructions either once or repeatedly, requested support for equipment that is beyond economic repair or is known to be below or fails to meet a minimum standard recommended either above or directly by Entire IT.

This right extends to providing unlimited support within the agreement that is prescriptively long winded that could be resolved more effectively by a chargeable onsite visit or warranty return/repair. At the point of refusing support Entire IT will advise the client of the circumstances and the potential outcomes and any risk associated. In some cases where this allows the customer to fall below acceptable good business practice or below a minimum standard, rectification of any issues arising may be chargeable.

e.g. failure to backup data or the uninstallation or disabling of any security systems. Entire IT will where mutually acceptable, attempt to mitigate the risks associated with these circumstances at their discretion.

 

5.  Service Calls Where No Trouble is found

If Client requests onsite service and no problem is found or reproduced, the client shall be billed at the current applicable rates as indicated in section 6 of the agreement summary.

 

6.  Limitation of Liability

 

In no event shall Entire IT be held liable for indirect, special, incidental or consequential damages arising out of service provided hereunder, including but not limited to loss of profits or revenue, loss of use of equipment, lost data, costs of substitute equipment, or other costs.

 

7.     Definitions of service

 

7.1        Remote monitoring and proactive support 24/7

Remote monitoring allows our engineers to address issues before they become serious problems for our customers. Ranging from running out of disk space, to antivirus updates and performance issues our checking and alerting system covers all the key factors that affect your computer systems health. Entire IT will remotely monitor all covered systems using our Remote Monitoring and Maintenance (RMM) platform.

In addition to the above, we are also proactively alerted of any failure of communications between your devices and our RMM platform. This can be due to multiple issues including:

 

• Server down
• Internet down
• Power cut

 

This ensures we can contact you to advise and resolve these issues minimising downtime for your business.

Failed checks on servers automatically log service tickets which will be actioned by our engineers remotely during normal business hours.

 

7.2        Managed Antivirus and Antimalware

Antivirus and antimalware software is a necessity with the number of malicious applications on the rise and their effects becoming ever more significant.

Entire IT will provide all Windows computer systems covered by this agreement with a centrally managed Antivirus and Antimalware solution. Please note that this requires that the customers systems be up to date, compatible and of sufficient performance to run this application. We regularly check to ensure scans are run and updates are applied to make sure your systems are as well protected as possible. Please note that having current, supported and fully updated Antivirus is not a guarantee against virus or malware.

 

 

7.3        Patch management

Keeping applications patched is an important part of maintaining the security of your computer and computer network. Patches protect against known vulnerabilities that can be exploited by viruses and hackers.

Entire IT will ensure that Microsoft Windows, Office and other applications are updated to the latest version through our centralised patch management system. We will ensure that patches are applied and installed according to our patch management policy.

Please note that not all applications can be updated through our systems. We strongly recommend that any line of business applications be kept up to date in line with your software vendors guidance. Patch management requires systems are left on overnight and subject to regular full reboots to ensure that the patches have applied correctly.

 

7.4        Daily Backup checks

Backups ensure that your data is safely protected in more than one location to protect your business against accidental or malicious data loss. If a backup system is neglected and not working correctly when you need it the most it can cost your business dearly.

Entire IT will carry out daily checks of the client's backup, business continuity and disaster recovery system to ensure it is working correctly. These checks are carried out every weekday morning. Any faults are logged as tickets and corrective action is carried out to resolve this. Prolonged failure of the system to work will result in the client being notified in order to decide on remedial work.

 

7.5        Preventative maintenance

Wherever possible and practical, we will carry out corrective work to prevent serious issues from occurring and reduce the chances of downtime and disruption affecting your business. In most cases we will carry this work out remotely during business hours. If necessary, this work will have to be carried out outside of normal business hours to ensure no disruption to your business operations.

 

7.6        IT support and fault resolution

Entire IT define “Support” as being the process of identifying and resolving a problem or fault with a pre-existing system.

Issues will be logged with our ticketing system, prioritised and worked on by our engineering staff. Please refer to “Logging a support ticket” in the agreement summary.

Entire IT will deliver end user support by the following means:                                                                                          

Telephone troubleshooting - The engineer will call to confirm if it is convenient to carry out fault resolution

Remote Control - The engineer will remote control your computer or server to carry out diagnosis and resolution

Onsite engineer - If the work cannot be carried out remotely we will attend site

Workshop - If the fault cannot be resolved onsite the equipment will be returned to Entire IT workshop for further work All systems returned for remedial work are imaged prior to work being carried out

Return to vendor/manufacturer for repair - If the equipment cannot be resolved by Entire IT it will be returned to the vendor for replacement or repair. This may be subject to additional costs and delays through shipping and returns procedure.

 

 7.7        Projects/New work/adds, moves and changes

Work that does not directly constitute support is considered new work, additions to your business network, a change to an existing system or for larger work a project.                                                                                                

New - Setting up something that is new or didn’t exist previously. E.g. New printer or PC

Adds - Adding an existing system to your business network

Moves - Moving equipment within the business or re- provisioning it for another user

Changes - Reconfiguring a system to fulfil a new business requirement e.g. Reconfiguring a PC or printer or server

Projects - A significant task involving planning, quoting and phases of engineering work. E.g. Office 365 migration or server upgrades

 

7.8        License and Asset Management

Entire IT will maintain an asset list of significant IT equipment and provide information as about its business effectiveness and lifespan.

Entire IT will maintain a database of software licenses to ensure compliance with software vendors.

 

7.9        Onboarding

Entire IT will carry out an onboarding process which includes the following: 

• Document Client business network
• Collection of Client and third party contacts
• Collection of administrative credentials
• Installation of remote monitoring and management software
• Installation of Antivirus and Antimalware software
• Resolution of minor issues if preventing onboarding
• Follow up review with customer if required
• Raise any corrective tickets and quotes if required

 

7.10     Hardware and parts

All parts, equipment and hardware supplied by Entire IT are subject to the payment terms on the invoice. No equipment or parts are covered under this agreement unless otherwise stated.

Equipment or parts supplied by Entire IT and found to be faulty will be replaced or repaired by Entire IT providing this is identified within an acceptable timeframe.

 

7.11     Software licenses

A license or subscription is required for the majority of software and IT services. Examples include but are not limited to the following: 

• Microsoft Windows
• Microsoft Office
• Microsoft Windows Server
• Microsoft Client Access Licenses
• AntiVirus Software
• Backup and Disaster Recovery Software
• Line of Business Applications

Entire IT will provide advice and quote for all necessary licenses. In the case that you are not correctly licensed for your software usage Entire IT can audit your systems and ensure that the correct number of licenses are procured.

Entire IT will not install pirated software on behalf of clients and may be required to advise software vendors of incorrect usage or instances of software piracy.

Please note that many subscriptions including Office 365 are licensed per user and cannot be used by more than one individual.

 

7.12     Third Parties

Entire IT will, as necessary, liaise and work with the following organisations on your behalf as third parties: 

• Internet Service Providers
• Print Management Vendors
• Telecoms Providers
• Consultants
• One-off Data Recovery Providers
• Line Of Business Application Vendors
• Governing Bodies
• Accountants
• POS Providers
• Web Developers
• Software developers
• Domain Hosts
• Cloud Service Providers

 

No charges incurred by these third parties are covered by this agreement unless the service is provided through Entire IT and detailed in the agreement summary. Where costs are anticipated Entire IT will arrange for these to be quoted either directly or via Entire IT.

 

7.13     End user training

During the course of providing support to the client’s end users and staff we are able to assist with basic instruction on how to carry out a task. Should we identify that staff need further or more advanced training we will advise the client and recommend the best resources.

This may include Entire IT producing training guides and providing one to one or small group training. In the case of a new system being provided by Entire IT these training costs may be quoted as part of the solution.

 

7.14     Programming and development

Entire IT are able to call upon software development resources from a small list of preferred suppliers we have worked with for several years, able to build custom standalone applications, job tracking, client server and mobile applications. We also have access to preferred local marketing and web developers.

 

7.15     Vendor management

Entire IT will provide Vendor Management services for any of the client’s vendors that supply telecommunications and internet related services, software and network related equipment on authorisation by the client. In addition if specified in the agreement summary Entire IT will provide vendor management for any Line-of-Business software applications or other Technology Vendors used by Client. Entire IT will use best efforts to remediate any issues with Vendors and negotiate best prices and services with them. It is solely the Client’s responsibility to pay Vendors on a timely basis to avoid interruption of services

 

7.16     Disaster recovery

A disaster can be defined as a single event that has a significant impact on the operation of your business through loss of service, data loss or loss of access, inability to carry out business operations.

Causes of disaster can include: 

• Fire
• Flood
• Earthquake
• Cyclone
• Virus infection
• Ransomware
• Hardware failure
• Hacking
• Operator error
• Malicious or criminal acts including theft and vandalism
• Terrorism
• Widespread communication failure

  

Disaster recovery can be carried out to many different levels depending on the severity of the incident and on the availability of resources.

In the event of any of the above or similar events computer systems may be destroyed along with the data contained within them or may become inaccessible for prolonged periods of time.

It is strongly recommended that the client has at least an outline plan for recovering from different types of disaster along with a clear list of priorities, including key responsible parties and timescales.

In the event of an isolated incident affecting just the client, recovery can begin relatively quickly, however, in the event of a widespread disaster such as an earthquake Entire IT may prioritise the recovery of its client's over others. Organisations offering medical services or that can aid in the widespread recovery process will take priority.

Due to the varying nature of disasters it is impossible to cover fully all of the aspects of recovery. It is the clients responsibility to understand their business systems and to mitigate any losses should an event occur.

Entire IT can offer specialist advice to produce a disaster recovery and business continuity plan as an additional service.

 

7.17     Ransomware recovery

Ransomware is a specific type of disaster that at face value may seem innocuous, however, it has the ability to cause significant damage to a business often involving permanent data loss.

In many cases decryption tools are not available within practical timescales and therefore cannot be counted on as a means of recovery. The only other recourse is restoring data from a backup.

Recovering data may be simple in the case of recovering documents and files but may be significantly more complicated in the case of large database driven systems including Exchange e-mail databases or line of business applications. This may require external third party expertise. In almost all cases data generated or received since the last backup will be lost irretrievably. This can be as much as a day or a weeks worth of data or more in extreme cases. Please also note that the recovery time may be significant depending on the amount of data and where and how it is stored. Recovery time could potentially be as long as several days.

 

7.18     Data loss recovery

Recovering any form of data typically relies on a separate copy of the data being available at the point in time it is required. Typically a backup copy taken as part of a backup routine and in a recoverable format. In the event of a backup not being available some data may be recoverable using a third party data recovery expert. This would involve the storage media being removed and sent away for

a forensic recovery process to take place. This can be at significant cost and may take several days or weeks to fully complete.

Please note that where data is stored in cloud systems, a recovery may not be possible at all due to the service level offered as part of the subscription or the technical capabilities of the system.

When implementing a cloud based system it is essential that both a fail-over platform be part of the service and also that specific end user recoverable backups be taken at regular intervals. Most cloud subscriptions carry out disaster recovery backups to ensure that hardware failure or disasters at their data centres do not affect client operations. These backups are not capable of being used to recover data accidentally or maliciously lost through end user operations. If in doubt please discuss this with your system vendor.

 

7.19     Virus and malware disinfection

 

Identifying and removing malicious and infectious software to prevent further unwanted effects. Please note that this is a distinctly separate task to the act of remediation of the damage caused.

Viruses, malware, potentially unwanted programs and software detrimental to the operation and performance of a computer system can be considered under this remit.

Maintaining up to date security software and following good security practice should prevent the majority of cases of virus infection, however, infections that take place on day zero - the first day that a virus or malware is released to the wild may infect systems as the antivirus software may not be aware of the behaviour or have the signature of the virus in its library in order to protect against it. Maintaining multiple layers of defence is the best form of prevention against these forms of threats.

In particularly bad scenarios, the best form of disinfection is the reformatting of the affected computer system to ensure that there are no traces of virus or back doors left on the system. This may involve several hours workshop time

 

8.   Termination of agreement

 

This Agreement may be terminated by either Party upon ninety (90) days’ written notice to the other Party.

If either party terminates this Agreement, Entire IT will assist the Client in the orderly termination of services, including timely transfer of the services to another designated provider. The Client agrees to pay Entire IT Service Provider the actual costs of rendering such assistance.