General Services Agreement

THIS SERVICE AGREEMENT is entered into on or as of the [Date listed in form below] (the “Effective Date”) by and between Finest City I.T. (“Finest City I.T.”) P.O. Box 16851, San Diego CA 92176 and [Name listed in form below] (“Customer”) having offices located at
[Address listed in form below] (Customer’s Full Address) with an email address of [Email listed in form below] (Customer’s Email Address). The parties herein hereby agree that the complete agreement between such parties with respect to the Services contemplated by this “Service Agreement” shall consist of this Service Agreement, the General Terms and Conditions set forth on Schedule A attached hereto and incorporated herein by reference (the “General Terms and Conditions”) and the “Managed Service,” Schedule B. Capitalized terms used in this Service Agreement and defined in the General Terms and Conditions shall have the meanings assigned in the General Terms and Conditions. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, DO NOT SCHEDULE AN APPOINTMENT OR, IF ONE IS ALREADY SCHEDULED, YOU MUST CALL Finest City I.T. at 619-463-6851, option 1, to cancel.

From time to time, the provisions of this Service Agreement may be updated by Finest City I.T. By signing below, customer agrees to accept all updates, which, can found on our website within 10 days of any update.

A. Scope of Work: Finest City I.T. shall provide the following services, products, and parts covered by this General Service Agreement as set forth below (collectively, the ”Agreement”) in accordance with the timeline, if any, set forth in this agreement. Should Customer choose to purchase a Monthly Managed Package (”Managed Service”) from Finest City I.T., please see Schedule B for additional details of covered services/products included with Managed Service. All provisions set forth in this Service Agreement apply to Managed Service.

Services Covered: Initial consulting; system and network evaluation; preparation for both on premise and online service, data, system, and network conversion; converting/migrating on premise or online services, data, all computers, and servers to new on premise or online service, software, or hardware products; all services provided post system and network conversion; upgrades of on premise or online service, hardware, and software on any computer or server.

Products/Parts Covered (with Serial #s): All purchases by Finest City I.T. hardware/software for the Customer, including but not limited to, “computer systems,” “desktop,” “laptop,” “server,” “networking equipment,” “routers,” “firewalls,” “switches,” “access points,” and software. Licensing covered by the original or extended manufacturer’s warranty parts list will be attached, with serial numbers, as a separate page(s) as necessary.

Services Not Covered: Outside consulting services such as compliance audits and other certifying entities; Vendor subscriptions such as telecommunications; or other third-party services not managed by Finest City I.T. such as online backup, internet service, etc.

Products/Parts Not Covered: All Existing technology, “Computer Systems,” or “Network” items. Copiers, printers, scanners, and other electronic devices (called “Peripherals”) not covered by the original or extended manufacturer’s warranty.

B. Timeline: Except as otherwise set forth herein, the Services contemplated by this Service Agreement shall commence as of the Effective Date.

C. Support Hours: During the term of this Service Agreement, Finest City I.T. shall provide Customer with the following support hours: 9:00 a.m. TO 5:00 p.m. WEEKDAYS. All other hours will be considered Emergency.

D. Response Times: During the term of this Service Agreement, Finest City I.T. shall provide Customer with the following response times:

* Emergency Service – i.e. hard drive crashing, internet/network going down – response time is 4 business hours.

* Non-Emergency Service – i.e. questions regarding “how to,” losing some functionality in software – response time is 24 business hours.

E. Pricing: In consideration for the Services contemplated by this Service Agreement, Customer shall pay Finest City I.T. as follows:

* Consulting Services - Technical Services - Training / Education Services $190/hr.
* Emergency Services $380/hr.
Managed Service Package pricing and discounts provided based on service level chosen in Schedule B

Payment Terms and Schedule:
* On-site work is subject to a one-hour minimum and travel time charge.
* Telephone technical support is billed in ¼ hour increments.
* Parking is billed at cost.
* Cancellation of on-site work with less than 24-hour notice is subject to a one-hour minimum fee.
* Payments are due and payable at time of service, unless otherwise arranged with Finest City I.T. in advance, regardless of result.
* Insufficient funds or rejection of payment is subject to an additional fee equal to 1 hour of service plus a $40 processing fee.
* All payments are to be made by ACH. Additional support fees will be applied for alternative payments methods.
* If Customer chooses to terminate its managed services prior to two (2)-year initial term, Customer is responsible for all deferred costs for equipment and/or services.

Reimbursement of Expenses:
*All equipment purchases require 100% deposit (No Refunds) at least 24 hours prior to Finest City I.T. purchasing said equipment. Said purchase will be based on an estimate provided to customer at time of payment.

F. Finest City I.T. will carry liability insurance relative to any service Finest City I.T. performs for the Customer.

G. If Customer declines to take the recommended steps provided by Finest City I.T., any data loss, outages, or other damages incurred by Customer is not the responsibility of Finest City I.T.

H. Customer agrees that no security solution is 100% effective and understands that Finest City I.T. is doing its best effort to minimize Customer’s computer system/software security risks. Finest City I.T. does not warrant or guarantee that all malware or malicious activity will by capable of being detected or removed.

I. Term: The term of this Service Agreement is as follows:
Initial Term: This Service Agreement shall become effective on the date shown above (hereinbefore "Effective Date"), and, unless sooner terminated, as hereinafter provided, shall remain in full force and effect for an initial term of two (2) years.
Automatic Renewal: Upon expiration of the Initial Term, this Agreement shall be automatically extended on a year-to-year basis unless a sixty (60)-day notice is given at least 60 days prior to the expiration date. Equipment or services added or deleted from a Managed Service Package will be subject to the terms of the original agreement unless otherwise noted.

J. Customer Obligations: Customer shall be responsible for the following:
Customer will allow Finest City I.T. to use such machines, communications facilities, features, and other equipment at no charge, as in the reasonable opinion of Finest City I.T. and Customer, as necessary in order to enable Finest City I.T. to perform the Services to be provided herein. Customer will provide legally-licensed copies of any software, drivers, or applications required for installation of any internal or external devices. If any of the items the Customer is required to provide are not immediately available to the Finest City I.T. technician upon arrival at the site location, the Finest City I.T. technician will accomplish as much of the installation service as reasonably possible under the circumstances and the Customer will be responsible for any further installation of the Customer System. In no event will the Customer be entitled to any refund for amounts paid by the Customer or to receive any additional service from Finest City I.T. The Customer is responsible for removal of any trash and the proper relocation or removal of the old technology.

K. Additional Provisions:
For purposes of this Service Agreement, technical direction regarding fulfillment of this Service Agreement shall be provided to Finest City I.T. solely by the manager/owner with that authority.

L. Counterparts. This Service Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which shall constitute one in the same instrument.

M. Optional Reports: During the term of this Service Agreement, Customer shall provide Finest City I.T. with any relevant reports completed prior to service. Any additional reports completed by Finest City I.T. will be provided to the Customer.