Button 108 IT Services
Break-Fix Services
Agreement for Service
Break-fix services are work performed or consultation given in response to a reported issue from a customer without a quote or a service agreement. These services are rendered at an hourly rate unless it is cabling which is usually billed at a flat per cable rate. If you start a remote control session with a technician, by having a technician come on site, or by bringing equipment by our office, you are subject to being billed. These “service calls” as they shall be referred to hereafter are billed at a 1 Hour minimum rate. Travel time is also accounted for in the billing times. Once generated, invoices must be paid within 30 days. Failure to do so may result in engaging a collections service.
Response Times
We do not guarantee a response time for customers with no active service agreement with us. We make an effort to handle every call or report in a timely manner, but we must prioritize those customers with whom we have service agreements and then triage by urgency. We keep our scheduled appointments carefully, but we will call you if for some reason we are running behind or need to reschedule.
Invoice Complaints or Challenges
Any complaints regarding the service must be lodged within the NET30 window of the invoice by calling Button 108 at (580)924-4949. You can also communicate issues with invoices to billing@button108.com but many issues cannot be resolved over email. If we are not able to discuss the issue over the phone during the NET30 time period, the invoice will be finalized as is without objection and must be paid.
Solutions are Best Effort
The nature of technical issues is complex. Many issues may require follow-up and permanent solutions will often build on information gathered from past fixes. In addition, the full resolution of any issue will require cooperation, availability, and full disclosure of relevant information from the customer. As such, we can never guarantee that an issue is fully resolved or will never recur. We recommend following up immediately if an issue occurs or if it appears it was not properly resolved. This does not negate work performed or previous service calls, but may call for an additional service call to follow up. Services are billed based on time invested, number of service calls, and technicians, not on results or resolution which are dependent on these other factors.
Escalations
If you feel that an issue is not being properly addressed, please email tickets@button108.com and explain the issue in detail. Ask that your situation be escalated. We will address it carefully.
For Best Results
For best results, consult with our team regarding MSP Agreements which allow deep insight, active maintenance, security, and contract services.
Button 108 MSP Agreement
Scope of Support Services
• Covered Computers
All networked computers must be covered unless specifically excluded at Button 108’s recommendation due to possible interference with a specific use case. Any computers added to the business will automatically be added to the plan, billing, and services without requiring a new contract unless other arrangements are made.
• Covered Users
All users with email through the company domain or who use company PCs must be covered. Any users added to the business will automatically be added to the plan, billing, and services without requiring a new contract unless other arrangements are made.
• Computer Hardware
Hardware repair, installation, and warranty work on computers covered by the plan may be performed using any included retainer hours.
Example: Replacing a failed graphics card not under warranty would require purchasing the hardware, but service time would be covered if it does not exceed the contracted hours. HDD-to-SSD upgrades are another example.
• Network Support
Retainer or remote support hours may be used to troubleshoot network issues or adjust network configurations. Equipment leased or rented by other service providers should be supported by those providers and Button 108 will provide limited support with these as a third involved party.
• Add / Change / Move
Plans do not include change implementation, significant additions, changes, or relocation of hardware, software, or processes will be billed at the standard hourly rate and will not draw from retainer hours.
• Retainers and Overages
Plans including in-person retainers cover ¼ hour per PC or user, rounded up to the nearest hour.
All visits have a 1-hour minimum. Time billed will include travel time.
Overages are billed at $85/hour.
• Remote Support
All plans include unlimited remote support. This does not include unlimited implementation of new systems. Button 108 will determine whether work is performed onsite or remotely, though remote work may be requested.
Backup Coverage
• Included Storage
Backup includes up to 100GB per user or per PC, depending on whether the plan is billed per user or device. Additional storage is available at $10 per additional 100GB. Storage is pooled and distributed as necessary.
• Specific Files
Clients must notify Button 108 of any especially important files or files stored in unusual locations.
• Specific Machines
Clients should discuss whether all machines require backup, whether certain machines need priority, or if full-image backups are required for specific systems.
• Support
Clients must notify Button 108 if assistance is needed with recovery or verification of backups.
SLA / Service Level Agreement
Service Level Agreement Definition
The Service Level Agreement (“SLA”) defines expected response times to various ticket levels. No guarantee can be made regarding resolution times. Response may include verbal or written agreement as to scheduled next steps.
Communication Methods
Tickets may be opened by any method within the Master Terms of Service in Section 1.3 and are subject to change but currently include emailing tickets@button108.com or calling the office number (580)924-4949. Issues reported by word of mouth or by calling, texting, or emailing individuals are not subject to SLA and may not have tickets properly associated to them.
Emergency or High Priority tickets should always be communicated by phone call to the office number and may also be complemented by emailing a ticket or by other means. Tickets emailed only are subject to Norma/Low priority status SLA.
Expected Response Times
Response times are subject to business hours: 8am-5pm Monday-Friday.
Standard/Low/Normal tickets require a response time of 8 hours. High priority tickets require a response time of 4 hours. Emergency tickets require a response time of 1 hour.
Priority Definition
Issues impacting many users, or all systems for some users that require same-day attention are considered High Priority. Issues that severely inhibit all or a large percentage of workers, such as internet outages, phone outages, or a full location outage are considered emergency issues. Smaller issues (e.g., a single essential user on a deadline) must be clearly communicated as emergencies.
Exceptions
Exceptions to SLA standard include services requiring quotes, tickets where due diligence has been taken to reach the customer without success, or ongoing recurring issues which are subject to additional research and monitoring.
Invoicing and Payments
Recurring Invoices are generated with NET30 terms unless otherwise arranged. Invoices are emailed after five days to allow opportunity for internal review.
Auto-Pay is required and is processed at the end of the 30 day terms.
Invoice reminders and attempts to reach the customer will be made before any other actions are taken. A late fee of 5% will be at 45 days, 60 days, and every 30 days following. Services may be suspended after 60 days.
Re-activation of services requires bringing account current and making sure auto-pay is active with current payment details. More aggressive collection tactics may be employed after 90 days.
Button 108 will perform all services in a professional and commercially reasonable manner using generally accepted industry practices. Unless otherwise expressly stated in this Agreement, all services are provided on a best-effort basis and no guarantee is made that any issue, outage, security incident, or system failure can be prevented, detected, or resolved.
Release of Liability
The Customer acknowledges that no information technology environment can be made completely secure. Cybersecurity threats, malware, ransomware, phishing, unauthorized access, hardware failures, software defects, human error, natural disasters, internet outages, third-party service failures, and other unforeseen events may still result in data loss, downtime, financial loss, or other damages despite reasonable security measures.
Button 108 does not warrant or guarantee uninterrupted operation, complete protection from cyber threats, prevention of data loss, or compliance with any law, regulation, insurance requirement, or industry standard unless expressly stated in writing as a specific contracted service.
The Customer is responsible for making informed business decisions regarding technology, cybersecurity, business continuity, and disaster recovery. When Button 108 recommends hardware, software, licensing, security controls, backups, multi-factor authentication, employee training, policies, network segmentation, replacement of obsolete equipment, or other measures intended to reduce risk, the Customer acknowledges that declining or delaying such recommendations may materially increase the likelihood or severity of security incidents, data loss, downtime, regulatory violations, or other damages.
Button 108 shall not be liable for losses, damages, claims, penalties, regulatory fines, business interruption, loss of profits, loss of revenue, loss of goodwill, loss of data, restoration costs, ransom payments, insurance claim denials, or other direct or indirect damages resulting from recommendations that the Customer declined, delayed, modified, or failed to implement.
Except for damages resulting from Button 108's gross negligence, willful misconduct, or fraud, Button 108's total cumulative liability arising out of or relating to this Agreement, regardless of the legal theory asserted, shall not exceed the total fees paid by the Customer to Button 108 during the six (6) months immediately preceding the event giving rise to the claim.
In no event shall either party be liable for any consequential, incidental, special, exemplary, punitive, or indirect damages, including lost profits, loss of business opportunity, or loss of anticipated savings, even if advised of the possibility of such damages.
The Customer remains solely responsible for maintaining appropriate cyber liability insurance, verifying the adequacy of backup and disaster recovery solutions for its business needs, complying with applicable laws and regulations, and promptly reporting suspected security incidents.
Third Party Software and Services
Button 108 may recommend, resell, configure, install, integrate, or support hardware, software, cloud services, telecommunications services, internet services, and other products or services provided by third parties. Unless expressly stated otherwise in writing, Button 108 does not manufacture, own, or control such third-party products or services and makes no warranty regarding their availability, performance, security, compatibility, or fitness for a particular purpose.
The Customer acknowledges that third-party vendors may modify features, pricing, licensing terms, security practices, service availability, or discontinue products without notice. Button 108 shall not be liable for outages, defects, vulnerabilities, security incidents, licensing changes, data loss, or other damages arising from the actions, omissions, or failures of third-party providers.
The Customer agrees to comply with all applicable third-party licensing agreements, acceptable use policies, and terms of service. Nothing in this Agreement grants the Customer any rights beyond those provided by the applicable third-party vendor.
Indemnification
Each party agrees to indemnify, defend, and hold harmless the other party, its owners, employees, and agents from any third-party claims, damages, liabilities, costs, and reasonable attorneys' fees arising from that party's negligence, willful misconduct, violation of law, or breach of this Agreement.
Without limiting the foregoing, the Customer agrees to indemnify and hold Button 108 harmless from claims arising from:
* the Customer's misuse of technology or services;
* the Customer's violation of applicable laws or regulations;
* content, data, or intellectual property provided by the Customer;
* the Customer's failure to maintain appropriate licenses or permissions;
* the Customer's failure or refusal to implement reasonable security recommendations made by Button 108; or
* unauthorized access, malware, ransomware, or other cybersecurity incidents that are materially caused or worsened by the Customer's actions, omissions, or failure to follow documented recommendations.
Dispute Resolution
The parties agree to make a good-faith effort to resolve any dispute arising under this Agreement through direct discussion before initiating legal proceedings.
Pricing Adjustments.
Button 108 reserves the right to adjust pricing as necessary. Fees are based on current operating costs, vendor pricing, and the scope of services provided.
Button 108 may adjust pricing upon at least thirty (30) days' written notice. For customers under a service agreement, pricing adjustments will normally take effect upon the agreement's renewal.
If pricing must be adjusted during the term of an agreement, Button 108 will provide at least thirty (30) days' written notice before the new pricing becomes effective. Upon the effective date of the increase, the Customer may either (a) accept the revised pricing and continue service, or (b) terminate the affected agreement without early termination penalties by providing written notice before the effective date of the increase.
If the Customer continues using the affected services for ninety (90) days after a mid-term pricing adjustment becomes effective without providing notice of termination, the Customer will be deemed to have accepted the revised pricing and agreed to continue the agreement under the updated rates.
Terms & Updates
• Additional Terms
This Agreement is subject to Button 108’s standard Terms and Conditions, available at https://its108.com/terms-of-service. These terms are incorporated by reference into this Agreement.
• Updates to Terms
Button 108 may update its Terms and Conditions from time to time. Clients will be notified of material changes via email or other written communication.
• Continued Use
Continued use of services after such notification constitutes acceptance of the updated Terms and Conditions unless otherwise agreed in writing.
• Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Contract Period
• Standard Contract term is 12 months for MSP Services, but agreements may vary by contract/quote.
• Cancellation
Written notice to solutions@button108.com
Cancellation fee: 25% of remaining contract value
All open invoices must be paid
All rented or contracted equipment must be returned
45 days notice required
• Removal / Transition
Remaining contract time may be used for removal of management software and handoff of documentation, credentials, and access.