Managed IT Support Program

SUPPORT HOURS     

Support will be provided during Business Hours (8:30am to 5:00pm QLD time) Monday to Friday excluding weekends and public holidays.

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AFTER HOURS SUPPORT
Should support be required outside of the Business Hours above, it can be provided at BTA’s AdHoc IT Support rate and will incur a multiplier of 1.5.  
Sundays or special public holidays (eg: Christmas, Easter, New Year’s Day) will incur a multiplier of 2 times the AdHoc IT Support rate.

 

COMMENCEMENT DATE 
Unless otherwise agreed in writing, the date of commencement of the MSP service shall be the date the accompanying quotation is signed and accepted.  

 

TERM
The initial minimum contract term will be 3 months.
Following the initial period, the agreement shall continue on a month to month basis and may be terminated by either customer or supplier on 30 days written notice.

 

SUPPORTED TECHNOLOGY
All servers, desktops, laptops/notebooks and thin clients with a Microsoft supported Windows operating system.
Network infrastructure including switches, routers and wireless access points.

 

SUPPORT LOCATIONS
Support will be provided to the customer’s main business address as well as remote or additional offices as required and agreed upon.
Support may be provided to machines covered under the MSP that are in use at a home office however, support will be limited to the covered machine.  
Troubleshooting of home/personal networks is not covered and will be billable separately if required.

 

STANDARD OF SERVICE
BTA will carry out the Services to a standard that ensures continuity of performance of the Supported Technology including Service Levels as specified below.  BTA will use all due care and skill, and will use qualified and experienced personnel to provide the services.

 

If BTA fails to achieve the specified Service Levels, the Customer will be entitled to the service credits specified in the Performance Rebates.
BTA will maintain a Ticketing System containing full details of any problem or request logged and must make the Ticketing System available to the Customer upon written request.

 

PATCHES AND UPDATES
BTA will update the Supported Technology with suggested manufacturer updates within 30 days of release.

 

SERVICE LEVELS
BTA shall ensure that the Services provided meet response times as set out below:

 

- Critical Incident - Services restricted or unavailable to all users on a network
Service Level: High
Response Time: < 4 Hours

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- Important Incident - Outage or restriction affecting multiple users (> 10%) or one key staff member
Service Level: Medium
Response Time: < 24 Hours

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- Minor Incident - Outage or restriction affecting few users (< 10%)
Service Level: Low
Response Time: < 5 Business Days

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If BTA fails to meet the Service Level for a support incident then the incident shall be taken to be moved up to the next Service Level. For example, if BTA has not responded to a Minor Incident subject to a Low Service Level within the required time, BTA must elevate the incident to an Important Incident and apply a Medium Service Level and must therefore respond within an additional 24 hours.

If BTA fails to meet the Critical Service Levels for an incident, then BTA must provide the Customer rebates as service credits as specified in Performance Rebates below.

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PERFORMANCE REBATES    
The Customer is entitled to a 15% reduction in Service Fees for the following month of service for failure to meet the Service Levels described above.
Such reduction will be limited to the Service Fees relative to the machine on which the defect was reported.

 

LOGGING SERVICE REQUESTS
BTA will provide a centralised Help Desk number (1300 672 922) and a support mailbox (support@bta.com.au) as the first point of call for logging of problems or service requests. 

The Help Desk will be available on Business Days from 8:30am to 5:00pm. Email requests to BTA’s support mailbox will be monitored after hours and will be logged into the Ticketing System on the next Business Day.   

 

BTA will take full details of the problem or request and log the information into the Ticketing System.  The problem will be assessed for priority according to the Service Levels above and placed in the job queue accordingly. 
Service jobs deemed “Critical” will be supervised directly by the Consulting Services Manager. 

 

The Customer will appoint a single authorised officer to escalate problems to BTA’s Help Desk.  The authorised officer will be the point of contact for BTA to schedule support and to supply updates on the status of logged service requests.

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TICKETING SYSTEM
BTA will maintain an accurate Ticketing System for the period of the Managed Service of all reported defects, change requests or incidents. 

 

The Ticketing System shall include: 

1. Description of defect 

2. Ticket Identification number 

3. Date defect notified 

4. Action taken to resolve issue 

5. Date defect resolved

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REPORTING
BTA will provide an Monthly Ticketing Summary and Asset Information Report on a monthly basis.  
Management review meetings may be requested and scheduled as required.

 

CUSTOMER OBLIGATIONS
The Customer agrees to provide BTA with all reasonable assistance and, subject to any confidentiality restrictions, access to the Supported Technology reasonably required to provide the Service.

 

Where possible, the Customer will maintain availability of a hot spare machine to be used in the case of a user’s machine becoming non-operational. 
The hot spare machine (when not allocated to an end user) will be available to BTA for the testing of patches and updates prior to installation on other machines. 

 

The Customer will maintain availability of a separate dedicated managed services machine which will be used to download system updates, store backups for other machines, monitor non-windows devices and assist as a focal point of management for the servers, desktops and network.   
The Customer agrees to use the Supported Technology in line with commonly accepted business practice and policy. 
The Customer agrees to report defects in the Supported Technology in accordance with BTA’s centralised Help Desk methods as set out above.

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EXCLUSIONS
Unless specified to the contrary in the Service Levels, the Services do not include correction of faults, errors or defects caused by: 

1. operation of the Supported Technology in a manner which contravenes the Customer’s obligations as specified in the Agreement;

2. failure by the Customer to operate the Supported Technology in accordance with the manufacturer’s and/or the BTA’s instructions; 

3. use by the Customer of the Supported Technology in an information technology environment other than the defined Support Locations

4. equipment maintenance performed by a person other than BTA; or 

5. any other service expressly excluded in the Agreement; and 

6. modifications to the Supported Technology made by the Customer or a third party, unless authorised by BTA, with BTA’s reasonable directions.

 

Work requested must be of a technical nature and economically viable for both parties. BTA reserves the right to defer, decline or re-negotiate for work requested which is not deemed to be within the normal range of network engineering or technical support services.
BTA reserves the right to exclude Supported Technology that is identified as problematic and unreliable.

 

The following items are not covered under the Managed Service Agreement and will be billed separately: 

• After hours support 

• Onsite support

• Infrastructure project work including: 

  • Installation of new servers 

  • Server projects 

  • Network projects 

  • Software projects 

• Work related to any single support request which extends beyond 3 hours  

• Set up of equipment not supplied by Blueprint Technologies Australia Pty Ltd 

• Support for machines not covered by a valid manufacturer warranty 

• Support work for machines specifically excluded from the Managed Service 

• Costs for telecommunications charges (ie. ADSL charges, phone line installation, rental costs, call charges, etc) 

• Costs levied by third party vendors (ie. Domain hosting, ISP charges, software support charges, etc.) 

• Cabling costs 

• Internet Service Provider account setup fees, usage charges, maintenance or other Internet related subscription costs. 

• Software licensing purchases or annual maintenance costs (other than those provided by BTA’s MSP program)

• Support and maintenance of machines with non-Windows based operating systems

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SERVICE FEES AND VARIATIONS
Monthly costs are calculated according to the Managed Service Program; the optional Add On Services; and the number of servers, desktops, laptops and thin clients required to be covered under the agreement. 

 

Changes to the number of machines covered under the agreement may vary each month (through machine additions or removals).   The Customer agrees to accept increases or decreases to the Managed Service charges each month in accordance with any variations to the number of machines under management. 

 

All machines added to the Managed Service Program shall have a minimum term of three (3) months before a request to remove the machine can be made.

 

Any changes to the Managed Service and/or Add on Services will only be varied on receipt of a written request from the Customer.   

 

PAYMENT
Initial payment for the first month of service will be payable on commencement date of the service.
Invoices for subsequent months will be issued electronically and will be due by the due date shown on the invoice.

 

BTA reserves the right to withdraw the Managed Service and all related support if invoices are not paid within the agreed terms.

 

Payments can be made by direct deposit to:
Account Name: Blueprint Technologies Australia Pty Ltd
BSB: 064 119
Account No: 1010 6361

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REIMBURSEMENT OF EXPENSES
BTA will be reimbursed from time to time for reasonable and necessary expenses incurred in connection with providing the Services.
BTA will ensure any expenses are pre-approved by the Customer.
 

CAPACITY / INDEPENDENT CONTRACTOR
In providing the Services under this Agreement it is expressly agreed that BTA is acting as an independent contractor and not as an employee.  BTA and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

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RIGHT OF SUBSTITUTION
Except as otherwise provided in this Agreement, BTA may, at their absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of BTA under this Agreement.

 

BTA will remain primarily responsible and liable to the customer for the performance of its obligations under this Agreement.

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AUTONOMY
Except as otherwise provided in this Agreement, BTA will have full control over working time, methods and decision making in relation to provision of the Services in accordance with the Agreement.  BTA will work autonomously and not at the direction of the Customer.  However, BTA will be responsive to the reasonable needs and concerns of the Customer.

 

NO EXCLUSIVITY
The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the term to engage or contract with third parties for the provision of services similar to the Services in this Agreement.

 

NON-SOLICITATION AND NON-COMPETE
During the term of the agreement and for a period of twelve (12) months after termination, both BTA and the customer agree not to solicit, hire, employ, retain or contract any employees of the other party associated with providing or managing the provision of the services.

 

CONFIDENTIALITY
Confidential information refers to any data or information relating to the business of the Customer which would reasonably be considered to be proprietary to the Customer including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Customer and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.

 

BTA agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which BTA has obtained, except as authorised by the Customer or as required by law.  The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

 

INTELLECTUAL PROPERTY
The content of all documents and correspondence given to the Customer by BTA, remains the intellectual property of BTA and is to be treated as commercial in confidence.  No copy, facsimile or electronic reproduction of BTA’s documents shall be made available in whole or part to anyone other than the Customer unless authorised in writing by BTA.

 

TERMINATION
Either BTA or the customer may terminate this Agreement at any time by giving notice to the other party of its intention to terminate on any of the following grounds:

1. the other party breaches a term of this Agreement and if such breach is capable of remedy, has not remedied that breach within 10 Business Days after service of the notice of the breach from the party giving notice of its intention to terminate; or

2. the occurrence of an Insolvency Event in respect of the other party which renders that party unable to perform its obligations under this Agreement; or

3. a Force Majeure Event prevents a party from performing any of its obligations under this Agreement for more than 30 days; or

4. a party ceases to conduct the entirety of its business operations, in which case the party ceasing its business operations is to provide at least 60 days prior notice.

 

Customer may terminate this Agreement for no cause in its absolute discretion on 30 Business Days notice to BTA.

 

Upon termination of this Agreement for any reason:

1. all unpaid sums owing will immediately become due and payable;

2. each party must immediately discontinue any use of the other party’s Confidential Information (and must return or destroy such Confidential Information if directed to do so by the other party);

3. the Customer will allow BTA access to remove any software provided for the provision of the Managed Services.

4. BTA will discontinue provision of Services immediately and remove any software from the Customer’s Supported Technology within 30 days.

 

LIABILITY AND INDEMNITY    
BTA unconditionally indemnifies and keeps indemnified the Customer and anyone claiming through Customer against all claims, liabilities, costs, damages, fees and expenses (including reasonable legal costs) arising from any breach or alleged breach of any term of this Agreement by BTA.

 

The Customer unconditionally indemnifies and keeps indemnified the Supplier against all claims, liabilities, costs, damages, fees and expenses (including reasonable legal costs) arising from any breach or alleged breach of any term of this Agreement by the Customer or from or in relation to an actions or claim brought by a third party against BTA which relates directly or indirectly to the Customer’s use of the Services.

 

Neither party will be liable to the other party for any loss of revenue, loss of profits, loss of goodwill, loss of business opportunities, loss of production, loss of customers or loss of anticipated savings or any indirect or consequential loss suffered  by either party, except where such losses are claimed by a third party against that party.

 

In addition the Customer acknowledges that the aggregate liability of BTA for all direct, indirect and consequential losses, damages, costs, expenses, actions and claims arising out of, or otherwise in connection with, this Agreement, whether based on an action or claim in contract, equity, negligence, intended conduct, tort or otherwise, is limited to the total fees paid by the Customer for the affected Service in the 6 months preceding the relevant cause of action accruing or, if there are more than one, the last cause of action accruing.

 

BTA has no liability to the Customer, or to any other person, for faults or defects in Services which are caused by the Customer’s own conduct or misuse or the conduct or misuse of persons benefitting from the Services through the Customer.

 

All terms, conditions and warranties that may be implied into this Agreement, by statute, custom and otherwise relating to the provision of the Services by Supplier are excluded to the fullest extent permitted by law.

 

The Customer acknowledges that BTA’s liability for breach of any term, condition or warranty, or under any remedy implied by law, which cannot be lawfully excluded, will be limited (if permitted by law) at BTA’s option, to the re-supply of equipment or Services or the payment of the costs of having the equipment or Services re-supplied; and is to be reduced to the extent that such liability is caused by the Customer’s negligent acts and omissions and any breach by the Customer of the terms of this Agreement.

 

ACCEPTANCE
The signed acceptance of the provided quotation shall be an acceptance of the above terms and conditions.
 

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