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July 20, 2008
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Pre-Work Service Level Agreement
This SLA is an agreement between BrixTec and Client, quantifying the minimum acceptable service to Client. 

BrixTec sees this SLA as indispensable to providing great service and a sound relationship between BrixTec and Client.

BrixTec’s Normal Service Hours:
•	Normal business hours are 8:00 am to 5:00 pm Monday through Friday.
•	After-hours and emergency service is included, at no extra charge, for Clients with Annual Service Agreements.
•	After-hours and emergency service is available at an hourly rate premium for Clients not on an Annual Service Agreement. (Refer to the BrixTec Rate Card for specific details.)
•	BrixTec will provide Client with a holiday schedule in late December of each year for the following year.

BrixTec’s Service Responsibilities to Clients with Annual Service Agreements
•	Desktop PC Support -- Including end user training, troubleshooting software and hardware problems, software updates, and the labor involved in hardware replacement.
•	Server/LAN/WAN Support -- Including administrator/internal guru training, troubleshooting software and hardware problems, software updates, the labor involved in hardware replacement and e-mail and user/group account setup.
•	Dedicated Project Manager -- Client will be assigned one main contact person at BrixTec.
•	Priority Response Time for Emergencies -- Emergency calls will be responded to with a phone call within 2 hours during normal business hours. After-hours emergencies will be responded to with a phone call within 4 hours. For after-hours emergencies see contact information below.
•	Access to BrixTec’s network of local IT partners and contractors -- Client will have access to BrixTec’s specialty contractors and vendors for project work.
•	Semi-Annual Planning Session -- BrixTec and Client will meet on a semi-annual basis to determine schedule and project work for the coming year (a $500 value per year).
•	Annual IT Audit -- BrixTec will provide Client with an Annual IT Audit assessment and report (a $350 value per year).

BrixTec’s Service Responsibilities to Clients not on an Annual Service Agreement and Services outside the scope of an Annual Service Agreement
•	Desktop PC Support -- Including end user training, software updates and upgrades, hardware upgrades, new workstation installations and new peripheral equipment installations.
•	Server/LAN/WAN Support -- Including administrator/internal guru training, software updates and upgrades, hardware upgrades, new peripheral equipment installations and e-mail and user/group account setup.

BrixTec’s Scope of Services:
•	BrixTec is Clients’ main point of contact for all systems on the network.
•	If BrixTec is unable to remedy a problem, then BrixTec will work with the appropriate outside vendor until a resolution is reached. Client understands that additional expenses may be incurred when an outside vendor is brought in to solve a particular problem and agrees to reimburse BrixTec for any such expenses plus a 15% management fee.

Standards of Professional Conduct:
•	BrixTec agrees to treat Client and Client’s employees with respect at all times, especially during times of business crises. In return, BrixTec expects the same treatment from Client and Client’s employees for BrixTec’s employees, contractors and vendors.
Peak Demand Periods:
•	Client recognizes that BrixTec’s employees and contractors are not full-time employees of Client and at no time should be treated as such.
•	BrixTec will make its best efforts to respond to Client’s needs within the time frame stated above.
•	Client understands that there may be occasional times of peak demand when BrixTec is forced to have to make extremely difficult decisions and triage Client’s needs according to the severity of business impact.

Loss of Service:
•	Client recognizes that BrixTec makes every attempt to select the most reliable systems.
•	Client understands that unless Client has an unlimited IT budget, it’s impossible for BrixTec to guarantee zero downtime.
•	This SLA is based on BrixTec’s best efforts, within Client’s IT budget, to keep Client’s system up and running efficiently and cost-effectively.

Third Party Materials:

•	All product sales are final (no refunds); exchanges will be given if there is a manufacturer defect.
•	BrixTec does not support unlicensed software. Client expressly represents and warrants that all of Client’s installed software is licensed. In the event that Client has any unlicensed software on its premises, Client shall notify BrixTec and cooperate with BrixTec to prepare and implement a remediation plan to bring Client to 100% license compliance.
•	All estimated product prices exclude freight and applicable sales tax, unless explicitly stated otherwise in writing.

Terms of Payment:
•	Payments and Late Fees.  All invoices for services are 10-days net.  BrixTec charges a $50.00 late fee for payments received more than 30 days past due.  For invoices more than 60 days past due, BrixTec reserves the right to stop all work, until the account is brought current.
•	Should BrixTec need to institute collection activities related to this Agreement, Client agrees to reimburse BrixTec for any and all collection costs, including reasonable attorneys’ fees, irrespective of whether a lawsuit was instituted.

Liability:
•	Client assumes all risk of data loss from any and all causes or in any way related to or resulting from the repair or service of computer hardware, software or other equipment by BrixTec.  Client agrees to bear full responsibility for all data backup prior to any repair or service of computer hardware, software or other equipment by BrixTec.  Client hereby releases BrixTec from any claim or liability related to data loss brought about through any cause whatsoever.
•	This Agreement shall be governed by Florida law.  Any legal action arising under the Agreement shall be filed in Hillsborough County, Florida.
•	BrixTec shall take all commercially reasonable measures to protect Client’s computer systems from computer viruses, including installation and maintenance of the latest versions of anti-virus software. Client assumes all risk of computer viruses and will not hold BrixTec responsible for the presence of a computer virus or any damage there from. Client is responsible for the costs of consulting time and materials required to remove any computer viruses.
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