Work Order Terms and Conditions

Additional Services
SGCI will maintain a "Help Desk" environment for assistance with day-to-day issues as they arise with The Client staff performing their daily duties as it relates to computer, hardware and software issues. These services will be billed in quarter hour increments and will vary due to the nature of the occurrence and expertise needed to resolve the issue and will be supported by telephone. Through the Internet, SGCI will be able to provide "Desktop Assistance" should the user require it. Billing will be charged in quarter hour increments for remote assistance. "Onsite Support" is also available and may include training, corrective action or maintenance. Onsite service will require a 1 hour minimum charge. Additional billing is subject to the following rate structure:
Bronze: "Help Desk" or "Desktop Assistance" in dealing with General User questions or issues.
Silver: "Help Desk" or "Desktop Assistance" in dealing with Network Management, onsite training and user support.
Gold: Onsite support in dealing with Network Management, Server, Workstation or Network down issues, new installation of network equipment or software.
Platinum: Corporate consultation, solution engineering, research and development and strategy initiatives.
Titanium: "Onsite Support" or "Phone Support" by third party vendors in local or remote locations, or proprietary hardware or software support.

Terms of Payment
Retail or walk in customers: All work orders must be paid in full prior to picking up equipment.
Corporate accounts: For new accounts, work orders for services rendered must be paid in full upon completion. Credit may be extended to established accounts due in 30 days subject to a credit application being completed and approved prior to work being completed.
Past due accounts will be subject to a 2% per month service fee, until paid in full.

Warranty
Hardware: Manufacturer's warranty as described by the manufacturer. It is understood that faulty components may need to be returned to their respective manufacturer by way of an RMA (Return Material Authorization) for repair or replacement at the manufacturer's discretion and SGCI is not responsible for any downtime, loss of productivity or revenues during this RMA period.
Software: Manufacturer's warranty as agreed, upon acceptance of the Terms and Conditions of the respective software package. While all software supplied to users is given with the expectation that it will perform well on the applicant's computer, SGCI makes no claims as to the performance or functionality of any software as it is not written or developed by SGCI.
Labour: SGCI will warranty for a period of 1 year from date of purchase, the labour required for the replacement of faulty hardware purchased from and installed by SGCI and covered by manufacturer's warranty. This does not include restoration of data or file structure and setup.

Business Hours and Response Time
SGCI's business hours for providing support herein shall be from 8AM to 6PM EST on business days, i.e. Monday thru Friday, excluding statutory holidays at the particular location of the customer site requiring support. Shortened hours may apply on any civic and/or statutory holidays.
4 Hour on-site within 1 hour radius. 2 hour on-line response time during normal business hours, for Server & Network equipment, Operating systems, Network Connectivity and SGCI supplied hardware, following telephone based troubleshooting.

Limitation of Liability
For SGCI supplied systems and equipment, SGCI accepts no liability and all warranty shall become void if The Client has opened the equipment or modified it's original setup or configuration and shall become subject to our normal billing policies.
SGCI accepts no liability for all other existing and future solutions, hardware, software applications and network setup not supplied by SGCI. Support and labour of the aforementioned are subject to our normal billing policies.
SGCI cannot be held responsible for data loss and/or recovery. It is the responsibility of The Client to ensure that proper backups are performed on a regular basis and that backup data is valid, correctly stored and archived.
SGCI accepts no liability for virus issues or contamination. Remedies to resolve such occurrences are subject to our normal billing policies and will be treated as additional services.
SGCI and it's supplied solutions cannot be held responsible for network, software and hardware issues resulting from existing conditions including, but not limited to such conditions as; quality of power (brownouts, spikes, etc.), power failure, inadequate power supply or protection, network cabling issues, network speed or performance, existing hardware and proprietary software functionality and is not covered by warranty, but is subject to our normal billing policies.

In the best interest of The Client, SGCI reserves the right to make hardware, software and various other recommendations to provide for an effective solution and environment that will enable SGCI to service The Client and Service Level Agreement. SGCI and it's recommended solutions are based on information known at the time of this Agreement and cannot be held responsible for adherence, changes in functionality or requirements. All changes in requirements, functionality, growth and structure remain the responsibility of The Client.
Due to the complex nature of technology, various methodology and solutions; in situations of difference of opinion it is the sole responsibility of The Client to authorize their preferred solution.

SGCI's liability for negligence or breach of this Service Level Agreement shall not in any event be greater than the total amount paid by The Client to SGCI for the service period that gives rise to the claim. In no event shall SGCI be responsible for any indirect damages including but not limited to, damages resulting from loss of use, loss of profits, lost business revenue or third party revenue.

Non Solicitation Agreement
The Client, or any of its representatives, agrees not to solicit SGCI's employees or contractors with proposals to hire them as their own employees or contractors.
The Client, or any of its representatives, agrees not to enter into any relationship with an employee or contractor of SGCI, directly or indirectly, in any manner whatsoever, including but without limitation, with individually or in partnership or jointly, or in conjunction with any other person or persons, as principle, agent, shareholder, employee, consultant, officer or otherwise during employment or contracting or for a period of two (2) years after the termination of the employment of any and all employees or contractors of SGCI.
If The Client were to hire, contract or successfully solicit any of SGCI's employees or contractors, The Client agrees to pay SGCI for each employee hired or contracted the greater amount of; the total of two (2) years salary, incentives, bonuses, benefits, or other such considerations for that employee as The Client is to pay such employee, or $100,000.

License of Third Party Software
The Client shall be responsible for compliance with all licensing of third party software. Customer hereby warrants such compliance for any pre-existing and existing software and further indemnifies and warrants SGCI harmless for any violation of this warranty. It is the sole responsibility of the client to be properly licensed for any software requirements and maintain adequate legal licenses. The client understands the software license policies and acknowledges that all software requested of SGCI to be installed on their equipment is of a legal nature and they have adequate licenses. SGCI reserves the right to a) request an inventory of all licensed software, b) make proper licensing recommendations and c) refuse to install all illegal or improperly licensed software.

General Provisions
SGCI and The Client shall keep confidential each other's business secrets, as they relate to client lists, suppliers and accounting information, including but not limited to that which is included in this agreement, and shall not disclose them to any third party.

SGCI shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond SGCI's reasonable control. In the event of any such delay or failure, the parties shall defer performance of the services to a date and time mutually agreeable.

This Agreement constitutes the entire understanding and contract, as it pertains to services described on the reverse side between the parties and supercedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between SGCI and The Client with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein with the exception of, the length of contract or renewal date. SGCI and The Client acknowledge and agree that neither of the parties is entering into the Service Level Agreement on the basis of any representations or promises not expressly contained herein.

Use of SGCI's service constitutes acceptance of the Terms and Conditions. SGCI reserves the right to modify them at any time and will post them on our website. The effective date of these terms and conditions is at the time of posting on our website. It is the user's responsibility to check http://www.sgci.com/workorder/terms.asp for updates. If you do not agree to these terms, the service will not be performed and you will need to contact us immediately.
The Client shall be responsible for all costs and expenses, including reasonable legal fees and disbursements incurred by SGCI in connection with any legal or other proceedings brought against SGCI by The Client or against The Client by SGCI.

The Provisions of this Agreement are intended to be severeable. If any provision of this Agreement shall be held to be invalid or unenforceable in whole or in part, such provision shall be ineffective to the extent of such invalidity or un-enforceability without any manner affecting validity or enforceability thereof of the remaining provisions hereof and thereof.

This Agreement shall be governed by the laws of the Province of Ontario. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.

We appreciate the opportunity to provide our service and look forward to a working relationship and partnership with you.