Guardian
Terms and Conditions
Overview
Guardian is a full Data Security and Technology Help Desk Solution comprised of many layers of both hardware and remote services. To understand Guardian’s full offering, please read each section carefully.
Communication
TIE to Partner
Communications for this agreement, including written notifications and updates will be sent via e-mail to the primary e-mail address provided by the Partner at the time of signing. The primary e-mail address can be changed at any time.
Partner to TIE
Work requested and/or questions during this active agreement can be submitted via e-mail to helpdesk@tienational.com or by telephone to (630) 301-7444. Termination of this agreement must be set to cancellation@tienational.com, see “Termination by The Partner” section for full details.
Term and Termination
Term
This Agreement shall commence on the “Effective Date” of the onboarding and installation as a month-to-month term, which requires a cancellation notice of no less than 30 days (see “Termination by The Partner” section for full details).
Termination by Partner
A Partner may terminate this Agreement any time by providing TIE with written notice to cancellation@tienational.com no less than 30 days from the desired effective date of cancellation and with the following information: Subject line – site name and number; E-mail body – a brief description of the Partner’s intent to cancel agreement and the effective date for the cancellation.
All payments scheduled up to the effective date of cancellation will be the responsibility of the Partner. On the effective date of cancellation, the Partner will receive an invoice for all equipment that is within their control and provided with return labels to ship back all equipment to Tie National, LLC. If the equipment is received within 30 days from the effective date of cancellation, the Partner’s invoices for the equipment will be credited. The Partner authorizes TIE to charge the credit card on file for the full amount of the equipment as invoiced if the equipment is not received within 30 days. Programing replacement equipment is the responsibility of the Partner.
Termination by TIE
Tie National, LLC has the ability to terminate this agreement at any time and for any reason via written notice to the Partner. Cancellations by TIE due non-payment will be subject for the payment of the months leading to TIE’s written termination notice and payment in full for any equipment the Partner still has in their possession.
Charges, Taxes and Payment
Charges
Monthly Charges
In exchange for the services and equipment provided by TIE under this Agreement, the Partner shall pay TIE in advance (by credit card or ACH which must be on file) a fee based on the service plan that the Partner has selected at the agreement signing. Payment will continue each month until the agreement has been terminated, see termination section for full details.
Backup Overages
On the 20th day of each month, Tie National, LLC will review online backup usage to determine overage charges, if applicable. Backup overages will be charged separately to the card on file and occur between the 20th and the last day of each month.
Price Changes
All price changes will be communicated to the Partner no less than 30 days in advance.
Credit Card Decline
Late fees and finance charges will apply for any credit card transaction that is declined.
Taxes
The Partner is responsible for all sales, use and other taxes that are levied or imposed by state and local governments for the use of the services supplied by TIE.
Payment by Credit Card or ACH
All services and fees supplied under this agreement must be paid for in advance and with a valid credit card or ACH. This credit card or bank information will be kept on file for future payments of said services. The Partner is responsible contacting TIE’s accounting department at (630) 301-7444 to provide any necessary update to the billing information. All declined transactions are subject late fees, finance charges, and account suspension.
GENERAL
Good Standing
The Partner is required to have all accounts with Tie National, LLC current and in good standing. If the Partner is not up to date on all invoices, TIE reserves the right to turn off services.
Force Majeure
Delay or failure of performance on the part of TIE shall be excused it its normal operations are effected or prevented by any strike, labor action, acts of God, terrorism, act of the government, civil or military authorities, material shortages, delay of public carriers, fire, theft, accident or any cause beyond its reasonable control.
No Waiver
Neither this Agreement nor any provision hereof may be waived, modified, amended or terminated except by written Agreement signed by the party affected by such waiver, modification, amendment, or termination. No failure on the part of any party to exercise and no delay in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right under this Agreement preclude any other or further exercise thereof or the exercise of any other right.
Cumulative Remedies
No remedy conferred by any provision of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given in this Agreement or existing at law or in equity, by statute or otherwise.
Notices
All notices and other communications required or permitted under this Agreement shall be in writing and sent by electronic mail (e-mail). Notices shall be effective as of the date of receipt unless otherwise stated.
Severability
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and that provision and this Agreement generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in this Agreement.
Liability
Throughout the agreement term TIE will be responsible for dispatching third party (non-TIE) vendors and/or providers on The Partner’s behalf. The Partner will be responsible for the payment of any charges or fees associated with third party vendors and/or providers.
NEITHER TIE (INCLUDING ITS LICENSORS) NOR PARTNER SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE OR LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL ARISING IN RELATION TO OR IN CONNECTION WITH THIS PROGRAM, RELATED PRODUCTS, DOCUMENTATION OR THE USE THEREOF, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY OR STRICT LIABILITY, EVEN IF SUCH PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Hardware (if applicable)
Where applicable, TIE will provide hardware. These items are and will remain as such, the property of TIE for the entirety of the agreement. Upon cancellation of the agreement, the Partner will receive an invoice for the hardware but will receive full credit if the hardware is returned undamaged within 30 days of the effective cancellation date.
Risk of Loss
The Partner shall assume the risk of loss of, or damage to, the equipment from and after delivery of the equipment to the Partner’s premises. Partner agrees that if the equipment is damaged or destroyed in any way the Partner will pay the full amount of the equipment. Partner agrees to return all equipment in working order at the end of the agreement.
Computer Programs
Throughout this agreement, programs will be required to be loaded on all computers. The Partner agrees to keep these programs loaded and running at all times. The Partner will also receive links to load these programs onto their computer. The Partner agrees not to load programs on to any unauthorized computer.
Remote and On-Site Support
To gain the most benefit from Guardian, TIE’s Solutions Desk should be the first point of contact for all technology concerns including but not limited to questions, support, repair, and carrier/vendor liaison support.
Unlimited Remote Support
TIE’s Solutions Desk provides unlimited remote support for existing installed technology and remote changes to those technologies. TIE will contact applicable vendor(s) to coordinate support and/or engage warranties. Remote support includes but is not limited to the Partner’s: internet provider, phone provider, POS provider, Dell, HP, etc.
Outside Vendors
Throughout the agreement term TIE will be responsible for dispatching or engaging third party (non-TIE) vendors and/or providers on The Partner’s behalf. The Partner will be responsible for the payment of any charges or fees associated with third party vendors and/or providers.
Program Support
TIE will support, within reason, any program that the Partner uses. Any POS system or special software that the Partner uses should have an active support contract with the software company. TIE will work with these software companies on the Partner’s behalf.
Dispatch Expectations (if applicable)
Dispatch of a TIE Technician is at the sole discretion of Tie National, LLC. Included dispatches are to troubleshoot and fix existing technologies. New technology or voice/data cabling that requires installation will receive a separate invoice.
Emergency Dispatch
Tie National, LLC will consider the site in a state of emergency when 50% or more of the voice or data is not functioning. If a TIE technician is required to be dispatched Tie National, LLC will do everything within his/her ability to dispatch the same day. If the issue does not fall within the emergency standards an emergency dispatch may be arranged with Partner’s written approval (via e-mail) consenting to pay the difference for that dispatch.
Standard Dispatch
If a TIE technician is required for dispatch, TIE will do everything within their ability to dispatch within 48 hours. Actual dispatch times will vary depending on the location and availability of local qualified technicians.
Dispatch Liability
Hardware Issues
TIE technicians do not repair hardware or open computers. TIE will coordinate the manufacture to send out a repair technician for any hardware or to send the Partner’s hardware in for repair. Additional charges from the manufacturer may be incurred at the Partner’s expense.
Computer Hardware Upgrades
A TIE technician will not open a computer to upgrade or replace the hard drive, memory, power supply, motherboard, or any other component inside the computer. TIE will coordinate the manufacture to dispatch to complete these upgrades. Additional charges from the manufacturer may be incurred at the Partner’s expense.
Cloud Backup
TIE’s cloud backup is designed to back up critical files and folders to the cloud. During the on-boarding process there will be many choices. The Partner can change these choices at any time during the program.
Folders backed up
TIE will work with the Partner during on-boarding to decide which computers and which folders are to be backed up. The Partner may choose any or all computers on the program and as many folders as they wish.
Backup Times
The Partner will pick a time of day which the backups will occur. It will be the responsibility of the Partner to ensure the computer is on during this time so the backup can start and complete. If the computer is not on during this time, the backup will not occur for that day.
Revisions
TIE keeps 30 days of revisions for any file backed up. Any revision can be downloaded during the 30-day period. For example, if the Partner changes an excel file every day, a copy of the file from any of the last 30 days will be available to download. Therefore, if the Partner wishes to have a copy from 3 weeks earlier they can download the revision that was saved 3 weeks ago as a new file.
Stray Files
A “stray file” is a file located within a folder included in the backup and has been deleted by the user. This stray file can be retrieved from the online backup system for 7 days after which the file will be permanently deleted and irretrievable (i.e. no longer exists). While a file is “stray” it will still count toward the total online backup space used until the file no longer exists in the online system.
Overage Notification
An e-mail will be sent as frequently as the Partner wishes to inform them if they are over or if they are almost over their current allotted usage. The frequency and percentage of total storage used can be changed at any time.
Overages
TIE will not stop files from backing up if the Partner is over the current allotted space, and overage charges will apply, see pricing section for details.
Additional Storage
Additional monthly storage can be purchased at any time in blocks of 20GB. The supplementary charge will be included with the monthly charges for Guardian as applicable. If additional storage is purchased after the last bill date but prior to overages being billed, the Partner may choose to have the additional storage charged separately for the current month to avoid the next overage.
Security Responsibilities
Passwords and Access
The Partner is responsible to keep all passwords and access to their physical network secure. Passwords may be changed at any time at the Partner’s request.
Rogue Devices
The Partner is responsible to make certain that unknown devices are not plugged into their network. If an unknown devices in plugged into the network the Partner is responsible to inform TIE immediately.
Wi-Fi (if applicable)
The Wi-Fi option comes with one access point. The Access Point will be installed in the same room as the firewall. If data cabling or more than one Access Point is needed then additional hardware purchase and monthly fees may be required.