Terms
The following are the Terms & Conditions for Nortec Communications, Inc Managed Services Contracts
1. The Managed Services Contract shall remain in force for the agreed upon term length. Standard term
length is either Month to Month, 36 months or 60 months as defined by the signed proposal unless
otherwise stated by Nortec Communications, Inc.
a) Early termination fee is equal to the initial installation charges prior to any discounts in addition to the
total remaining contract amount. Upon completion of the Managed Services Contract monthly billing
will continue until a new contract has been reached or client requests cancellation of service with a
written 60 day notice. Any equipment listed will remain the property of Nortec Communications, Inc.
throughout the duration of the Managed Services contract and thereafter. A UPS is required to run all
equipment. Any equipment running outside of the UPS that fails is the responsibility of the client.
b) If either party terminates this Agreement, Nortec Communications, Inc. will assist Client in the orderly
termination of services, including timely transfer of the services to another designated provider. Client
agrees to pay Nortec Communications, Inc. for rendering such assistance.
2. Fees and Payment Schedule
Total monthly contract amount will be invoiced to Client on the first day of each month.
a) All fees are nonrefundable, and will cover service fees from Nortec Communications, Inc.
Refer to Appendix A for services covered by the monthly fee under the terms of this agreement. It is also
understood that any and all Services requested by Client that fall outside of the terms of this Agreement
will be considered Projects, and will be quoted and billed as separate, individual Services.
3. Coverage Remote Support, System Management, and On‐Site support of failed components of Client’s Phone
System will be provided to the Client by Nortec Communications, Inc. on a 24×7 basis.
a) Hardware that fails due to normal wear and tear or due to manufacturer defect is covered under this
agreement. Hardware that has failed due to negligence or abuse is not covered in this agreement.
b) If the Client requests onsite service and no problem is found or reproduced, Client may be billed at
the current applicable rates of Nortec Communications, Inc.
4. Limitation of Liability Nortec Communications, Inc. will provide a full length term warranty on labor for the repair or
replacement, at its option, of any product installed by Nortec Communications, Inc. that is covered by
the manufacturer’s warranty. Nortec Communications, Inc. makes no warranties, express or implied,
including any warranties as to merchantability or as to fitness for a particular purpose, and Nortec
Communications, Inc. shall not be liable for any loss or damage, directly or indirectly, arising from the
use of the product or for consequential damages.
Pre‐Lien Notice: The following notice is provided to you as required by law:
a) Any person or company supplying labor or materials for this improvement to your property
may file a lien against your property if that person or company is not paid for their
contributions.
b) Under Minnesota Law, you have the right to pay persons who supplied labor or materials for
their improvement directly and deduct this amount from our contract price, or withhold the
amounts due them from us until 120 days after completion of the improvements unless we
give you a lien waiver signed by persons who supplied any labor or materials for the
improvement and who gave you timely notice.
5. Additional Maintenance Services
a) Nortec Communications, Inc. shall provide support of all hardware and systems, provided that all
hardware is covered under a currently active Managed Services Agreement; and all Software be
Genuine, Currently Licensed and Vendor‐Supported. Should any hardware or systems fail to meet these
provisions, the Client understands and acknowledges that it shall be solely responsible and liable for all
licensing and purchasing of software and hardware. The client will indemnify Nortec Communications,
Inc. for any installation, configuration or use of software provided by the Client. Should 3rd Party Vendor
Support Charges be required in order to resolve any non‐covered issues, these will be passed on to the
Client after first receiving the Client’s authorization to incur them.
b) Should a problem be discovered during monitoring of the phone system, Nortec Communications, Inc.
shall make every attempt to rectify the condition in a timely manner through remote means.
c) From time‐to‐time the Service Provider may be required to engage the services of contractors for
work performed as part of this agreement.
6. Confidentiality
Each Party shall hold in trust for the other party and shall not disclose to any non‐party to the
Agreement, any confidential information of the other party. Confidential Information is information
which relates to either party’s research, development, trade secrets, or business affairs, but does not
include information which is generally known or easily ascertainable by nonparties of ordinary skill in
computer design, programming, networking, information technology, or the specific business interests
of either party.
7. Sever‐ability
If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding by a court of
competent jurisdiction of Dakota County Minnesota, such provision shall be severed and shall be
inoperative, and, provided that the fundamental terms of this Agreement remain legal and enforceable,
the remainder of this Agreement shall remain operative and binding on Nortec Communications, Inc.
and Client.
8. Entire Agreement
This Agreement and the attachments hereto constitute the entire agreement between Client and
Service Provider. This Agreement supercedes all prior understands, agreements, and documentation.
Any amendments or modifications shall be in writing and executed by Client and Nortec
Communications, Inc.
Appendix A.
The Service Level Agreement reflects the commitment, coverage and cost for servicing the Client’s
Phone System and related equipment.
The Nortec Managed Services Contract provides a Phone System solution for the Client’s
telecommunications needs. With the Nortec Communications, Inc.’s offerings and vendor relationships
Nortec Communications, Inc. can proactively manage, support and maintain the Client’s Phone System
to reduce any possible failures and reduce downtime. Not only are Nortec Communications, Inc.
managed services cost effective, but they are a reliable solution to the Client’s current
telecommunications needs. By signing Nortec Communications, Inc. Managed Service Contract, the
Client hires Nortec Communications, Inc. to become their Phone System Provider. Nortec
Communications, Inc. then assumes full responsibility of the Phone System, allowing us to manage and
maintain the Phone System to help identify potential issues before they can evolve into any disturbance
or outages.
The Service Provider’s specific duties consist of the following:
a) Initial On‐Site User Training
b) On‐Site Technician for first day of service
c) Initial On‐Site Administrator Training
d) Remote programming changes
e) User Support
f) System Updates as needed
g) Keep all applications up to date
h) Keep all hardware functioning and in working condition
