Terms and Conditions
March 2023 - Subject to Change
Below are the CXiT/ComputerXpress general terms and conditions. Unless otherwise specified, your agreement with CXiT/ComputerXpress is based on this document. This document may change so please review on a regular basis.
CLUB CX TOTAL CARE SERVICES: ClubCX services include The CXiT Remote Ready support agent, CX PatchSafe-automated security and software patch management, CX Virusafe-Endpoint Detection and Response, and CX Datasafe PC – Full cloud backup for PCs and Servers.
REGULAR SERVICE HOURS: CXiT maintains standard service hours for remote support from 8 am – 5pm Monday - Friday. Remote services may be scheduled at 8AM. Any service calls in process at 5PM will continue for up to 15 minutes. If the call is not completed, another time will be scheduled to complete the call. On-Site Services appointments are from 9am-4pm Monday – Friday. On-site visits will be setup to allow technicians to return to the CXiT office by 5PM.
OUTSIDE REGULAR HOURS SUPPORT: Weekday Evening Hours (5:30pm to 9PM) will be billed at 1.5 standard rates and nights and weekend hours will be billed at 2 times standard rates unless other arrangements have been documented and agreed to in the service ticket. Weekend service calls require a 2 hour minimum weather remote or on-site unless other arrangements have been made and agreed to in the service ticket.
DISASTER RECOVERY: IT disasters can be caused by many external factors and the tools that CXiT offers are designed to reduce the risk of downtime but disasters still occur. On Premise servers and PCs are exposed to significant risk from hardware failure, fire, water, weather, power, theft, vandalism and other factors outside the control of CXiT. CXiT offers rapid cloud recovery via CX DATASAFE and can get a server or PC back online in the cloud within reasonable period of time but restoring on premise servers and PCs will take longer and will incur additional charges as indicated in this document. CX Datasafe will notify CXiT and the Client of failed backups. Failed Server backup notifications will be addressed by CXiT personnel and any work required to make the server backup work again will be charged as indicated in this document. PC backup failures will create a notification that will be sent to the client and it will be the client responsibility to notify CXiT. Be aware that failure notifications for PCs may occur if the PC is offline or for other reasons.
*(RTW) RESPONSE TIME WINDOW: Upon submission of a service request ticket, CXiT personnel will respond as soon as availability will allow. You should expect a response in less then 1 hour to 4 business hours. CXiT will attempt to respond within this window but circumstances may, at times, require a longer response.
SERVICE TICKET PROCESS: Clients agree to use the CXiT help ticketing system for all communications between CXiT and the client. CLUBCX CXiT technicians can not be reached by inbound telephone and can only call outbound. Upon submission of a service ticket, a CXiT technician will attempt to call the client to get more information and either begin the service call or schedule a time to follow up. If the client is not able to answer their phone, CXiT technicians will leave a message and will reply to the service ticket with a scheduling link to allow the client to select a time to work on the service request. Clients can submit support tickets by using the CXiT ConnectBooster customer portal, https://www.cxit.com/support, emailing firstname.lastname@example.org, using the CXiT Icon in the system tray on your computer which submits and email or redirects to the website or by calling 513-575-3500. Please be aware that using the phone call method, the call will be handled by our 24/7 call center. Please provide email address, best phone number(s), a summary of the issue and the best time to call receive a call back.
WORKSTATION SECURITY PATCHING: Microsoft and other vendors continually update their software to protect against vulnerabilities. It is essential that these patches be installed in a timely fashion and clients should be aware that patch installations may cause unexpected behavior. CXiT Managed Care Clients agree that Microsoft and Third-Party updates will be performed automatically. Clients should note that this may require reboots of the workstations. Workstations will be set to weekly reboots at 11PM on Saturday Night. It is strongly suggested that workstations be left on 24 hours for patches to be installed off hours. Patch installations will be scheduled outside normal working hours however, if a computer was off during the patch interval, patching may happen during working hours and reboots may be required.
SERVER SECURITY PATCHING: Microsoft and other vendors continually update their software to protect against vulnerabilities. It is essential that these patches be installed in a timely fashion. CXiT will, at the approval of the client, set servers to patch automatically and reboot off business hours. Some servers may be slated for manual patching and if the client would like these done outside normal business hours, Outside Regular Hours Support Rates will apply.
AGREEMENT: Acceptance of this proposal creates an agreement between the client and Pollak Technology Services, LLC dba CXiT dba ComputerXpress whereby CXiT agrees to provide on-going support services and you agree to pay for those support services and any related charges as outlined herein. This is a monthly recurring agreement.
PRICING: To get service from CXiT, clients must be members of ClubCX for Home or ClubCX Business. See pricing for ClubCX here (install link to clubcx pricing)
TERM: This is a month to month agreement that can be terminated with 30 days’ notice by either client or CXiT.
BILLING and PAYMENT: CXiT invoices twice per month on or around the 15th and the 30th of each month. The invoice on the 15th will be for recurring charges associated with ClubCX Agreement plan as well as any non-recurring service charges. The invoice on the 30th will be for non-recurring service charges associated with your ClubCX agreement. Invoices are due on receipt.
All clients are required to provide at least one secure method of payment to be configured in the CXiT Client Portal. Clients may log into the CXiT client portal and view and/or pay any open invoices. If the automatic payment option is not selected, CXiT will automatically pay any open invoices with the credit card on file if the invoice remains unpaid for 30 Days.
SOFTWARE AGENT(s): By signing this proposal for IT Support Services you agree to allow CXiT to install software on your computers which will allow the computers to be remotely accessed and controlled by CXiT staff for the purpose of providing IT support. In addition, based on the BSP Security Level and chosen tools, certain agent will be enforced on all covered computers.
SOFTWARE LICENSING: CXiT will provide recommendations regarding the licensing of third party software including Microsoft 365 and Office Products as well as other software. CXiT will always suggest licensing based on compliance with vendor licensing agreements. CXiT is not responsible or liable for any issues related to improper licensing if the client chooses not to accept the advice of CXiT. All Microsoft 365 pricing is based on annual commitment and once added, licenses cannot be deleted for 1 year and client assumes all financial responsibility for the cost of Microsoft 365 subscriptions. Microsoft licensing cannot, at this time, be transferred to any other providers.
PROJECTS: Implementations requiring planning and coordination including but not limited to hardware or software deployments, data migrations, and software upgrades may be considered outside the scope of normal ongoing “support” and will be quoted separately.
REMOTE HANDS: Clients agree to provide “remote hands” to assist CXiT technicians when troubleshooting issues. This may include rebooting devices, checking cables or other non-critical support issues.
CYBERSECURITY: CXiT ClubCX provides CX Virusafe and CX Datasafe as cybersecurity defense. CXiT will make recommendations for PC and Server configuration that could enhance Cybersecurity. These recommendations will be made via the help ticketing system and the acceptance or rejection and implementation will be noted in the ticket.
CLIENT DATA PROTECTION: CXiT relies on third party vendors for data backup and recovery. CXiT can only restore data from the last known good backup and charges are based on your specific agreement. If there is no local recovery capability, recovery data will have to be downloaded or shipped to complete system recovery in the event of a catastrophic event and this process may delay the recovery time. CXiT will not transfer, copy or store any client data except as required to perform necessary services and will destroy said data at the conclusion of required service.
CLIENT RESPONSIBILITIES: Clients agree to use the CXiT support ticketing system as the primary request submission and management tool. If the ticketing system is not available, send an email to email@example.com or call (513) 575-3500. Clients agree not to use personal emails, texts, or technician cell phones for support related issues. Clients bear full responsibility to make sure that system backups and associated recovery options are operating properly, including the server and any critical workstations. This can be done by asking, at any time, for CXiT to display backup and recovery status for critical systems.
LIMITATION ON LIABILITY: Clients acknowledge and agree that to the fullest extent permitted by applicable law, in no event will CXiT be responsible for (a) any data loss, system failure, compromised emails, or any other cybersecurity breach due to system malfunctions, malicious personal behavior, environmental issues, cybersecurity breaches or any other circumstances beyond our control (For example, client’s employee accessing a banned website); (b) any indirect, special, incidental, exemplary, punitive or consequential damages; (c) any loss of profits, revenue, goodwill or other intangible losses; or (d) any losses related to your access to, use of, or inability to access or use parts, some or all of your Account, your Sites, CXiT’ website, or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services.
ACKNOWLEDGEMENT: If Clients choose not to accept the full cybersecurity framework deployed by CXiT, Clients acknowledge that the client networks are vulnerable, and any recovery of the client environment performed by CXiT may require additional billable services.
LARGE SCALE CYBERSECURITY INCIDENT: In the event that a large scale Cybersecurity incident or disaster affects multiple clients and/or CXiT's ability to deliver service, response times and time to recover for individual clients may be lengthened.
SHARED RISK RELATIONSHIP: By signing this agreement, the client accepts the fact that this is a Shared Risk Relationship and that the extraordinary resources of the hackers combined with the unpredictability of hardware, software and people means that there will always be some level of risk that cannot be remediated and no guarantees, either expressed or implied, are offered by CXiT that can prevent all disasters.
NON-SOLICITATION: CXiT agrees not to solicit any employees or contractors of the client and the client agrees not to solicit any employees of CXiT during the term of this agreement plus 1 year.
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