Terms and Conditions
January 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.
REGULAR SERVICE HOURS: CXiT maintains standard service hours for remote support from 8 am – 5pm Monday - Friday. On-Site Services appointments are from 9am-4pm Monday – Friday.
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 1.75 standard rates unless other arrangements have been made within the service agreement or separately quoted.
DISASTER RESPONSE and RTO (Recovery Time Objective and RPO (Recovery Point Objective): 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 are exposed to significant risk from hardware failure, fire, water, weather, power, theft, vandalism and other factors outside the control of CXiT. The CXiT Private Cloud mitigates these risks and is the preferred option for server management. Restoring on premise server and network functionality may incur additional charges for disaster recovery. CXiT offers rapid cloud recover via CX DATASAFE and can get the client server back online in the cloud within reasonable period of time but restoring on premise servers will take longer and may incur additional charges.
*(RTW) RESPONSE TIME WINDOW: Like any trusted employee, CXiT has a goal of responding to service requests, notifications, and other events with a sense of urgency and in a manner commensurate with the issue's importance to the client. The RTW (Response Time Window) varies based on the chosen care plan and should be considered a goal. CXiT knows that poor response times in the service industry are a source of dissatisfaction and always strives to exceed the stated goals. The CXiT workforce is subject to many factors outside the company’s control which, on occasion, may cause CXiT to miss the RTW. CXiT will use a defined issue triage process to minimize any exceptions to the RTW. RTW Goals apply only to regular service hours. CXiT will determine if on-site support is needed after the initial response.
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 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: CXiT Agreement Pricing is calculated based on a formula that considers the numbers of computers, servers, people, emails accounts, network devices, Cybersecurity tools, management tools and other factors. The result of the formula will yield a Per PC and a per User all in price that will include the services as indicated by the chosen CXiT Care Plan. The monthly invoice will reflect a summary of all items. Any change to any “Counts” will result in a corresponding change to the monthly invoice amount The initial roll out of security tools will affect the monthly invoice amount and this amount will change as the tools are implemented. CXiT may request an increase in the pricing to correspond with an increase in certain costs or expenses (such as labor or tools costs) that formed the basis for the agreement. For the duration of the initial agreement. no increases will be made on the labor portion of the agreement unless an agreement discount is initially applied or has been applied to the agreement.
TERM: This agreement commences on the Effective Date and continues for three (3) years. CXiT may have the option to renew this agreement at the end of such 3-year term. This agreement can be canceled at any time by either party subject to the Early Termination Fee clause. If notice is given in writing of the intent to cancel this agreement and your account remains in good standing, CXiT will, for a period of 30 days from the time of notice, work with you or the vendor of your choice to gracefully transition services. If a client wishes to change Care Plans and move from Essential to Enhanced or Enhanced to Premier, the term of the agreement restarts with a 90 Day commitment at the more advanced level.
EARLY TERMINATION: If a client terminates this agreement early for convenience, then, in addition to any outstanding fees owed at termination, the client shall pay CXiT an early termination fee, as liquidated damages and not as a penalty. The early termination fees shall be equal to the following:
Early Termination Fee
Within the first (1) year
Three (3) months of most recent monthly agreement
Within the second (2) year
Two (2) months of most recent monthly agreement
Within the third (3) year
One (1) month of most recent monthly agreement
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 support plan as well as any non-recurring charges. The invoice on the 30th will be for non-recurring service charges associated with your support plan (if any) as well as hardware that has been provided (if any). 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 pay open invoices with the credit card on file if the invoice remain 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 LEVELS: CXiT offers 4 levels of Cybersecurity protection; Basic, Essential, Enhanced and Premier. Cybersecurity levels are included or available as indicated in this document. CXiT Reserves the right to change the tools used to provide the stated services based on features and benefits as the market and security landscape changes. If CXiT chooses to replace a product or tool that is needed to provide the chosen level of security, CXiT will absorb the cost of deploying the replacement tool or product. Clients choosing to deploy Enhanced or Premier rated security products will be required to choose the CXiT Enhanced or Premier Care Plan due to the significant additional management work required to support those tools.
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 cell phones for support related issues. Managed Care Clients must supply or purchase a dedicated PC or server that will be used solely for CXiT network management. 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.
MANAGEMENT PC/SERVER: Client agrees to provide or purchase existing capacity to run CXiT BSP management software. Specifications are dependent on total number of managed endpoints.
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.