We are committed to providing you the best services & solutions to meet your business’s Information Technology needs.
The purpose of this letter is to clearly define the terms and the objectives of the services to be provided.
The following are services that we perform:
The fees for services are based upon total man-hours plus materials, and recurring software licensing and monitoring costs. Hourly rates are based upon the then current rate sheet. All labor that is not change/move is included in the Platinum Agreement, whereas the Gold Agreement, if On-Site is needed it is billable, although at the remote rate. With the Silver Agreement, all labor is billable at the full rate.
Due to the numerous combinations of computer hardware and third-party software and the various interactions that can occur, it is understood that the professional services rendered by Darkhorse Tech may be impacted by resources outside of the control of Darkhorse Tech. Additionally, with the ever-increasing complexity of computer hardware and software, incompatibilities and other unpredictable interactions are possible. Darkhorse Tech accepts no responsibility for such irregularities or changing vendor requirements but will at all times keep Client appraised of such matters that come to the attention of Darkhorse Tech and any available options.
All payments are due no later than thirty (30) days after invoice, unless otherwise specified in the invoice’s Terms field. All returned checks will incur a fee. Any past due invoices are subject to finance charges of one- and one-half percent (1.5%) per month of the unpaid balance with a twenty-five dollar ($25) minimum per month. Title shall not pass until paid for.
All invoices not disputed within thirty (30) days will be deemed conclusive and binding on Client and may be enforced as an account stated. A dispute with a portion of a bill does not affect the balance. All undisputed portions must be paid immediately. Darkhorse Tech reserves the right, without any liability to Client, to suspend service in the event of non-payment, untimely payment or disputes.
Any past-due invoices for all products and services can be automatically debited from the credit card or bank account on file along with any other fees due. (Completion of the attached Payment Authorization Form is required)
Client is encouraged and expected to obtain a system that regularly backups of all data. In addition, it must verify the accuracy and reliability of said backup. Any time a computer is serviced data loss is possible from a multitude of causes outside the control of the technician. Darkhorse Tech will take all reasonable precautions to protect your data from loss. However, in the event of data loss your most recent backup will be restored. Darkhorse Tech is not responsible for any lost time or data that may occur. Darkhorse Tech can help you develop and implement a data recovery strategy that is appropriate for your company. It is Darkhorse Tech’s customary practice to backup only the server and financial data unless otherwise requested. It is a best practice to save all information on the server. **If Client is paying for a backup through Darkhorse, then Client is meeting these requirements for the systems outlined in the quote**
Darkhorse Tech strongly recommends that all computers be attached to power protection of some type. Personal computers and servers should be attached to an Uninterruptible Power Supply (UPS). All peripheral equipment should be attached to a UPS or a Surge Protector.
Computer viruses are a very real threat to small business. Darkhorse Tech goes to great length to ensure that systems are free from any virus or computer contaminant pursuant to HIPAA Law. Darkhorse Tech recommends Client enforce a central IT managed, automated anti-virus strategy, that is logged, monitored and remediated. **If Client requests the removal of anti-virus, then the Client is assuming the liability of any and all security breaches that arise. If Client is paying for anti-virus through Darkhorse, then Client is meeting these requirements for the systems outlined in the quote**
Outside-In Threats, and Hackers are a very real threat to small business. Darkhorse Tech goes to great length to ensure that all systems are free from external threat or computer contaminant pursuant to HIPAA Law. Darkhorse Tech recommends Client obtain and maintain a Managed Firewall system that is HIPAA compliant, logged, monitored, remediated and has active security services. **If Client requests the removal the firewall, then Client is assuming the liability of any and all security breaches that arise. If Client is paying for a firewall through Darkhorse, then Client is meeting these requirements for the systems outlined in the quote**
Pursuant to HIPAA Law, patient health information in both paper and electronic forms must be protected, and encryption is the best way. Darkhorse Tech recommends Client install and use an encrypted email system both at rest and in transmission per HIPAA. ** If Client is paying for email encryption services through Darkhorse, then Client is meeting these requirements for the systems outlined in the quote**
Client acknowledges that State and Federal laws govern the use and distribution of software. Darkhorse Tech adheres to these laws and is not responsible for Client’s non-compliance with these laws. Client agrees to hold Darkhorse Tech harmless for, from, and against any and all claims, losses, judgments or other actions arising there from.
Client acknowledges that as time passes, computer software and hardware go into end of life. When systems go into end of life, they no longer receive security patches and in the healthcare industry renders that device out of HIPAA Compliance. Darkhorse Tech will provide information to the Client with options on how to keep computers systems in compliance with HIPAA. **If Client declines to update out of compliant systems, then Client is assuming the liability of any and all security breaches that arise.**
It is necessary to call Darkhorse Tech’s service desk for approval prior to the return of any product. Return Merchandise Authorization (RMA) issuance is dependent upon each manufacturer’s return policy. Darkhorse Tech’s customer service staff will issue you a RMA number based upon the specific manufacturer’s guidelines.
No return will be accepted without an approved RMA number. All requests for any return must be called in within (30) days of the invoice date. Any opened items are subject to a restocking fee up to the total cost of the product. Custom or special orders CANNOT BE RETURNED.
Software products that have been opened CANNOT BE RETURNED, except in the case of defective media. In the case of defective media, the media may be returned for the replacement of identical media, subject to any limitations set forth by the publisher.
All defective products unless otherwise stated will be returned directly to the manufacturer per manufacturers’ warranty policy. The merchandise must be received at Darkhorse Tech’s principle offices no later than five (5) business days from the date of RMA issuance.
Any returned items must be in the original container with all original packing material, manuals, CD’s and cables.
Darkhorse Tech makes no guarantees or warranties, expressed or implied.
Product warranties, if any, are provided by the manufacturer or publisher of the product. Darkhorse Tech makes no warranties, whatsoever.
Darkhorse Tech hereby warrants that any products or materials to be installed by Darkhorse Tech’s technicians shall be installed in a professional manner, consistent with generally prevailing industry standards for comparable services.