Terms & Conditions

Allcomm Terms and Conditions:

ALL-IT services will have an automatic cost of living increase annually (COLA determined by rate published by Federal Government) to cover price increases in products and services.

Our Managed Services are Behind the Scenes, After-Hours, and Out of Your Way with Unlimited Business Hours Support for Remote Monitoring and Management of Windows, Office, and Other Applications Installed by Allcomm as long as our Agent is able to reach systems within our Scope of Work. The monthly recurring Managed Services payment is electronically transferred on the 1st of the month for that month’s services. We bill 1 month in advance for the initial setup, and 2 months for cancellation without 2 month notice following the completion of the Term of Agreement. During the Term of Agreement, Customer unconditionally agrees to make consecutive monthly payments for Managed Services. Any cancellation during the Term of Agreement will result in immediate lump sum payment due equal to monthly Managed Services amount multiplied by number of months remaining in Term of Agreement. Additional Project Services are available for on-site services, new system setup, cabling, firewall, infrastructure, web sites, user training, hardware/software refresh cycles, data recovery, office moves, line-of-business applications, new operating systems, migrations, phone systems, access control, CCTV, intrusion alarms, audio visual configurations, and emergencies.

Term and Termination: The Initial Term shall be extended for consecutive one-year periods unless either party provides written notice of its intent to terminate this Agreement as provided not less than 60 days before the end of the then-current Term. Term as used herein shall refer to the Initial and any term extensions.

Upon the termination of this Agreement for any reason (including the expiration of this Agreement by its terms or the termination of this Agreement for cause):
Client shall pay to Allcomm within ten (10) days of the termination date all charges arising, including the monthly management fee
Client shall assume those obligations remaining under all Client equipment leases or rentals assumed by Allcomm Inc. in connection with this Agreement (as well as the unamortized costs related to any lease buyouts or assumptions by Allcomm Inc. in connection with this Agreement).
Upon the termination of this Agreement for any reason other than Client’s termination for cause (as described in Section 8(c)), Client shall (i) satisfy its obligations under Section 8(a); and (ii) assume Allcomm Inc.’s financial obligations for the equipment or services owned, rented or leased by Allcomm Inc. and used to provide services hereunder to the extent such obligations or unamortized costs extend beyond the termination of this Agreement. If Client elects to terminate this Agreement without cause prior to the end of the initial term or any renewal period, Client shall provide Allcomm with 60 days’ prior written notice and shall be responsible for the monthly service fee and any other charges accruing through the termination date of this Agreement.
If Allcomm Inc. does not perform in any material respect the services required under this Agreement, Client shall inform Allcomm Inc. in writing, specifying the way Client believes Allcomm Inc.’s services to be deficient. Allcomm Inc. shall have a period of thirty (30) days from the receipt of such notice to correct such deficiencies in performance. If Allcomm Inc. does not correct the deficiency within such period, Client shall, as its sole remedy for Allcomm Inc.’s nonperformance, have the option of terminating this Agreement for In connection with any termination by Client under this Section Client shall be responsible for the charges described in Section 8(a) and shall not be responsible for the charges described in Section 8(b) (ii).

Authorized Administrator. When utilizing Allcomm in an IT or other capacity the Client must authorize Allcomm as an administrator on all IT related accounts (i.e., Microsoft, Citrix, VMWare, SonicWall, etc.). Allcomm will also require Client to rely on Allcomm to make all PC, Server, and network designs, to be approved by Client. Acting as an administrator will allow Allcomm to create a standard for the Client which will in turn simplify operations for end users, reduce costs and avoid incompatibility issues. Client will be required to purchase all IT related hardware and software from Allcomm. These rules of engagement for our Managed Service clients are in place so that Allcomm may provide the highest level of service.

Independent Contractor. The relationship between the parties to this Agreement, unless otherwise provided in writing, shall always be that of independent contracting parties. Nothing contained in this Agreement or throughout the course of conduct between the parties will be considered to always create an employer-employee relationship and unless otherwise agreed to in writing Allcomm shall be an Independent Contractor. As an Independent Contractor Allcomm will always control the manner, methods and means of the Services provided under this Agreement.

Taxes, Benefits, and Expenses. Client will pay to Allcomm all expenses connected with the performance of its Services under this Allcomm shall be solely responsible for all (either directly or as a reimbursement) applicable federal, state, and local taxes and the preparation of any reports (if necessary) in connection with the performance of services under this Agreement.

Security Interest. Customer acknowledges and agrees that Allcomm reserves a purchase money security interest (whether perfected), as that term is defined in the Michigan Uniform Commercial Code (MCL §440.93424), in and to all products, equipment and material as more particularly itemized and described in this Agreement and reserves the right to file a UCC-1. If payment is not received by Customer within the terms set forth in this Agreement, Allcomm shall have the absolute right, in addition to all other rights and remedies provided in law or equity, to require Client to assemble and make available for Allcomm to repossess and take control of the products subject to this Agreement wherever located. The acceptance of one or more late payments made by Client shall not be construed as a waiver of this provision.

Insurance. Allcomm shall always during the term of this Agreement and at its own cost, maintain worker=s compensation and commercial general liability insurance covering bodily injury, property damage, premises operations, completed operations, and contractual liability. Allcomm shall also maintain automobile insurance coverage on company vehicle(s) that may be used during the performance of services to the Client under this Agreement.

Confidentiality. Client recognizes that the processes used by Allcomm in its performance under this Agreement, including pricing, is proprietary information and shall always remain strictly confidential. Client further agrees to protect such information concerning Allcomm from improper use or disclosure and shall defend and indemnify Allcomm as set forth in Section 10 of this Agreement. Client further agrees that it will not disclose any proprietary Information without Allcomm=s prior written consent, to any person, firm, or corporation except (i) to authorized representatives of Allcomm, or (ii) to employees of Client who have a need to access such information to perform the services contemplated

No solicitation. Allcomm and Client mutually agree that during the Term of this Agreement and for a period of two (2) years following its termination, neither party will entice away, employ, or solicit for employment any current or former employee of the Additionally, neither party shall solicit any business with any current or former employee of the other or contact any customer or client of the other or perform any services that are in direct competition with either party. Client further acknowledges that Allcomm will recruit and train personnel to provide Services for Client under this Agreement, and that this is a costly and time-consuming endeavor. Client therefore agrees not to directly, or indirectly through a third party, solicit, induce, recruit for employment, or attempt to solicit, induce, or recruit for employment, any Allcomm personnel who has performed Services for Client under this Agreement to provide the same or similar services. Client shall comply with this obligation during the term of this Agreement, and for a period of twenty-four (24) consecutive months after termination. Client shall be relieved of its obligations under this provision if Client first pays Allcomm the sum of the actual cost of retaining and training individual personnel. The Parties further agree that this amount shall be no less than $100,000.00 per individual personnel, which Client agrees accurately reflects the minimum reasonable value of Allcomm’s time and costs with respect to recruiting and training personnel to work for Client. Notwithstanding any other provisions in this Agreement, the Parties retain all legal remedies, at law or equity, upon violation of this provision.

Reasonableness. Client acknowledges and agrees that it has weighed all the facts, conditions, and circumstances pertaining to this Agreement, has been afforded an opportunity to consult with counsel of its choice concerning this Agreement and its legal effect, and acknowledges that all the provisions of this Agreement are Client shall not contest the validity of any provision of this Agreement and waives all rights that Client may have to bring any claim, action, or suit or to raise any defense regarding the validity and reasonableness of this Agreement or any of its provisions.

Indemnification. Client shall indemnify, defend, and hold Allcomm, its affiliates, and their respective officers, directors, shareholders, members, employees, agents, and other representatives harmless from and against all claims, losses, expenses, liabilities, demands, obligations, or damages of every kind and nature (including, without limitation, reasonable attorney fees and expenses) (Losses), arising out of or related to (i) any act or omission of Client or (ii) any breach of this Agreement by Client.

Force Majeure. If either party is prevented or delayed in the performance of any of its obligations under this Agreement due to Force Majeure (defined below), that party will provide written notice to the other party specifying the nature and expected duration of the Force Majeure. The performance of the party invoking Force Majeure with respect to any obligation will be excused and the time for performance extended, but only for the period of delay or inability to perform due to Force Majeure. If the total of any period of delay or inability to perform due to Force Majeure asserted by either party during the Term equals or exceeds 30 consecutive days, the other party will have the right, at its option, to either terminate this Agreement by written notice or to continue to excuse the first party=s performance for the period of any delay or inability to perform due to Force As used in this Agreement, AForce Majeure@ shall mean any act of God, fire, casualty, flood, war, strike, lockout, labor trouble, or any other circumstances beyond the reasonable control of the party asserting it that prevents or delays the performance of any of its obligations under this Agreement.
Default. The failure of either party to this Agreement to perform any term, condition or covenant made or undertaken by it or the failure to perform any service or obligation shall be considered a Without eliminating any other cause, a default shall occur for:

Non-payment of any invoice on or before the date when due.
Termination or suspension of business operations or Client files for protection under federal bankruptcy laws or in the event a creditors committee is formed, or a receiver appointed by federal or state courts;
The failure of Client to perform any of the provisions of this agreement.
The making or furnishing by Client to Allcomm of any material representation, financial information and/or other information that was false when made or furnished by Client.
The sale or disposition by Client of a substantial portion of its business assets except in the ordinary course of its business or the destruction, levy or seizure of any assets provided by Allcomm under this Agreement; and The dissolution, insolvency, or cessation of business by the client.
Upon an event of default, the defaulting party shall have ten (10) business days to cure the default and if the default remains uncured the non-breaching party may take any action necessary at law or equity, including acceleration of all amounts due under this Agreement. Any part or all of the indebtedness will, at the option of Allcomm as the secured party, become immediately due and payable, without notice or demand, on the occurrence of any of the following events of default:

Non-Immigrant Workers. Allcomm represents and warrants that all of its employees are citizens of the United States and that Allcomm is in full compliance with U.S. Immigration and Naturalization laws and rules.

Assignment. The rights and obligations conferred under this Agreement may not be assigned by either party without the prior written consent of the other party. Any attempted assignment without an expressed written agreement by both parties is an event of default and shall be null and void and of no further force and effect.
Notices. Any notice required or permitted to be given under this Agreement must be in writing and may be delivered in person, by registered mail, facsimile, or by overnight courier addressed to the respective party at the address set forth in the introduction of this Agreement or a changed address as may be given by a party to the other by written notice. Any notice will be considered to have been given when personally delivered or three business days after the date of mailing or one business day after the date of forwarding if sent by facsimile, email or overnight mail.

Binding Agreement; Successors. This Agreement will be binding on, inure to the benefit of, and be enforceable by the successors and assigns of the parties; provided, however, that no assignment of this Agreement will be effective without the express written consent of the other party.

Governing Law. This Agreement is a contract made under and shall be governed by and construed in accordance with, the laws of the State of Michigan without giving effect to its choice-of-law principles. The parties agree that any legal or equitable action or proceeding with respect to this Agreement or the transactions contemplated by it shall be brought only in any court sitting in Oakland County of the State of Michigan, or the Eastern District Court of the United States sitting in Michigan. Each of the parties submits to and accepts generally and unconditionally the exclusive jurisdiction of those courts with respect to it and its property and irrevocably consents to the service of process on its Registered Agent in connection with any action or proceeding by personal delivery or by the mailing by registered or certified mail, postage prepaid to its address first set forth above. Nothing in this Agreement shall affect the right of any party to serve process in any other manner permitted by law. Each party irrevocably waives any objection to the laying of venue of any action or proceeding in the above-described courts.

Cost of Enforcement. Each party shall pay all costs and expenses, including reasonable attorney fees, incurred by the other party in enforcing the provisions of this Agreement or in recovering any claims or damages arising from a breach of this Agreement if the other party is successful in its action.

Waiver. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of any term or obligation or be deemed a waiver of any subsequent breach.

Survival. The provisions of Sections 14, 15, 16 and 17 shall survive the termination of this Agreement or any relationship between the parties for the period set forth in that Section, and if not set forth, indefinitely.

Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision is invalid and unenforceable as written, that provision will be deemed modified in a manner consistent with the intent of the original provision, to make it valid and enforceable. This Agreement, and the application of the provision to persons or circumstances other than those with respect to which it would be invalid or unenforceable, shall not be

Acknowledgment. By signing this Master Service Agreement, Client acknowledges and represents that prior to its execution of the Service Order it has fully read and understands, (a) this Master Service Agreement, (b) each of the applicable service supplements, (c) all other referenced schedules, exhibits and/or attachments, and (d) service orders executed in conjunction herewith or pursuant to the terms hereof and agrees that the applicable product supplements, service orders and any other documents referred to and incorporated into the Agreement are a part of the Agreement as if set forth herein in their entirety. Execution of the Service Order constitutes an agreement and acknowledgment that the release, indemnification, and limitation of liability provisions contained in the Agreement comply with the express negligence rule and are conspicuous.

Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties and supersedes all other agreements and understandings, both written and oral, of the parties relating to the subject matter of this Agreement.

Counterparts; Facsimile. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed and delivered by facsimile or electronic transmission, and a facsimile or electronic version of this Agreement or of a signature of a party will be effective as an original.
HIPPA: Health Insurance Portability and Accountability. HIPPA compliance is ultimately the responsibility of the Covered Entity (CE). As a Business Associate (BA), Allcomm deploys security measures for only the information is manages, encounters, stores, transmits, or sees etc.

Support and Installation Terms and Conditions:

1. Customer Support Services

Hardware Maintenance. Hardware will be replaced with like hardware or a comparable substitute if existing hardware is discontinued for any reason. All hardware will be invoiced as used. Allcomm shall provide on a “business day basis” support for all hardware.

Software Maintenance. Software Maintenance as used herein shall specifically refer to “bug fixes,” patches, and service updates for the release of installed software.

Allcomm shall provide “business day maintenance” on the provided software. Service Packs are billed at the then current Allcomm labor rates.

Application Maintenance. Allcomm shall provide on a “business day basis” support for all Microsoft applications installed. Other applications may be supported if accepted by Allcomm. Additional application support may incur additional support fees.

Software Upgrades. Allcomm shall provide all base software releases as they become generally available on hardware purchased from Allcomm. Software upgrades that require separate fees or subscriptions (such as firewalls, VMware licensing, etc.) will be invoiced direct to the customer. Labor required to fulfill services during normal business hours is covered. After hours labor for software upgrades is billable at then current Allcomm labor rates.

2. Emergency Response.

In the event of emergencies, Allcomm shall endeavor to and use its best efforts to be available twenty-four hours a day. Further, upon receiving notice of the inoperability of Customer’s system, Allcomm will use its best efforts to respond within four (4) hours after receiving notice thereof. Inoperability as used herein shall mean:

An unscheduled total system outage or failure to
The inability to access the system through twenty-five (25%) or more of all ports
The loss of system integration
Continual system restarts or failovers
A custom software program developed by Allcomm is not

3. Non-Emergency Response.

Allcomm shall use its best efforts to respond to non-emergency malfunctions originating within the System within one (1) business day after receipt of notice.

4. Service Availability.

Allcomm shall be available to provide support to Customer twenty-four (24) hours per day, seven (7) days per week (except holidays observed by either Allcomm or Customer). Non-emergency service requested and performed outside regular business hours will be billed at then current Allcomm rates.

Business Hours. Business hours shall be understood to mean Monday through Friday, 8:00 m. to 4:30 p.m. Eastern Standard Time, except holidays observed by either Allcomm or Customer.

Non-Business Hours. Non-business hour coverage shall be provided for maintenance related issues on a Time and Material basis and shall be billed at the current Allcomm rate.

5. Responsibilities of Customer:

Customer shall pay to Allcomm, all charges and expenses incurred by Allcomm, including applicable taxes as more particularly set forth in the Master Service Agreement Exhibit B.
Customer shall be obliged to pay separately for all charges and expenses incurred in providing Emergency and Non-Emergency services and equipment.
“Payment” – All amounts shall be due and payable in advance of the commencement date. All other charges shall be due and payable upon receipt of invoice.
Customer shall grant Allcomm access as necessary to the business premises of Customer to permit performance of services set forth in this Agreement.
Customer authorizes Allcomm to use Customer’s name for promotional marketing purposes. Allcomm shall not issue a press release using customers name or a quote without customer’s prior consent.
Customer shall maintain all services including but not limited to: (Operating Systems for servers and personal computers, firewalls, VMware systems, and any other systems that require annual maintenance.

6. Excluded/Additional Services.

The following Additional Services set forth below are available at the Customer’s request and may be at an extra cost. If Additional Services are requested Customer agrees to pay additional charges for these Additional Services at Allcomm’s then current rates subject to the prices prevailing at the time orders are placed. Additional Services include, but are not limited to the following:

Additions, Changes and Relocation. Upon the Customer’s written request Allcomm shall provide such services as are necessary and available with respect to the System to add to, change or relocate the System, or provide changes to the system such as carrier or network additions and changes.

Repair of damage, replacement of parts or increase in service time caused by:

Repair or maintenance as a result of Customer’s failure to continually provide a suitable environment for the System, as prescribed by Allcomm and/or best practices, including adequate space, electrical power, air conditioning, dust control, connectivity to telephone system, host computer system and LAN;
Repair, replacement or maintenance as a result of Customer’s failure to follow the installation, operation and maintenance instruction provided by Allcomm or manufacturer;
Neglect, misuse, tampering, accident or abuse, including use of System for purposes other than which designed;
Wiring, repair, alteration, modifications or improper installation by anyone other than Allcomm, its subcontractors or affiliates without Allcomm’s prior written approval or supervision;
A corrosive atmosphere harmful to electronic circuits’
Damages caused by pests or domestic animals;
Vandalism, burglary, theft, lost or stolen parts; and/or
Equipment other than equipment under Warranty or Support Agreement from Allcomm including damages caused by telephone equipment or lines of the host telephone system, host computers or LAN.
Training. Training services are not included but are available to Customer at Allcomm’s then standard price schedule.
Administration. Administration services for the network are available in accordance with Allcomm’s standard price schedules. Administration by definition includes items such as adding users, configuring permissions, or other services.
Labor for Software Labor to install Software Upgrades as described in Section 2.d is excluded and will be invoiced at then current Allcomm labor rates.
Custom Software Application Upgrades created to meet the customer’s specific needs, which exceed the publishers usual and customary programming practices, may incur additional programming charges in the upgrade of the operating system software. Allcomm shall, notify Customer of such Applications that may result in additional upgrade charges prior to their creation.

7. Customer to Provide:

Customer shall, as specified by Allcomm in writing, provide appropriate environmental conditions necessary commercial power and facilities for the System, access to premises, Customer shall pay all charges including, but not limited to charges for telephone trunk lines, PBX extensions and or PBX equipment, host computer ports and data connection(s), Wide Area Network (WAN) connection(s) required for the maintenance of the System.

8. Limitation of Liability

Notwithstanding same, should the System malfunction or cease to function for any reason, including network service interruption, defective parts or workmanship, negligence of Allcomm, or any breach or alleged breach of this Agreement, Allcomm’s liability hereunder shall be limited to general money damages in an amount not to exceed three (3) months maintenance service. Such limitations shall be the full extent of Allcomm’s liability regardless of the form in which any legal or equitable action may be brought against Allcomm and the foregoing shall constitute Customer’s exclusive remedy.

UNDER NO CIRCUMSTANCES SHALL ALLCOMM BE LIABLE FOR ANY LOST PROFITS OR FOR SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR COMMERCIAL LOSS, OR FOR INFRINGEMENT CLAIMS DUE TO USE OF SOFTWARE, EVEN IF ALLCOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Furthermore, no action, regardless of form, arising out of or under this Agreement may be brought by either party more than one (1) year after the first day that the cause of action has occurred, except for an action for nonpayment. Allcomm hereby assigns to and passes through to Customer any Warranty provided to it by its equipment supplier(s), and Allcomm shall not be responsible for any defective parts or workmanship in new equipment provided hereunder. Rebuilt or reconditioned equipment may be provided upon notice to Customer, and Allcomm shall be responsible therefore to the extent of the terms of this Agreement, and same shall not reduce to any extent of the Warranty or the availability of maintenance provided hereunder.

9. This Agreement Shall Not Cover:

An act or event occurring external to the equipment which causes, either directly or indirectly, a failure or malfunction in the equipment including without limitation, failures or malfunctions of the trunk or toll lines, cable or other equipment connecting the equipment to the telecommunications system, failure of the host telephone system or abnormal power fluctuations which adversely affect the equipment.

10. Data Backups:

Data backups are the responsibility of the customer. Allcomm provides data backups as well as disaster recovery and business continuity solutions via our ALL-Business Data Continuity Service.

ALL-Business Terms and Conditions:

Customer Support Services

Hardware Maintenance. Hardware that is under warranty will be replaced with like hardware or a comparable substitute if existing hardware is discontinued or damaged for any reason. All hardware will be invoiced as used or replaced under the existing warranty.

Emergency Response.

In the event of emergencies, Allcomm shall endeavor to and use its best efforts to be available twenty-four hours a day. Further, upon receiving notice of the inoperability of the Customer’s system, Allcomm will use its best efforts to respond within four (4) hours after receiving notice thereof. Inoperability as used herein shall mean the loss of system operability or the function of the server infrastructure.

Non-Emergency Response.

Allcomm shall use its best efforts to respond to non-emergency malfunctions originating within the System within one (1) business day after receipt of notice.

Service Availability.

i) Business Hours. Business hours shall be understood to mean Monday through Friday, 8:00 a.m. to 4:30 p.m. Eastern Standard Time, except holidays observed by either Allcomm or Customer.

ii) Non-Business Hours. Non-business hour coverage shall be provided for maintenance related issues on a Time and Material basis and shall be billed at the current Allcomm rate.

5. Responsibilities of Customer:

Customer shall pay to Allcomm all charges and expenses incurred by Allcomm, including applicable taxes as more particularly set forth in the Master Service Agreement and as set forth in the Fee Schedule attached hereto.
Customer shall be obliged to pay separately for all charges and expenses incurred in providing Emergency and Non-Emergency services and equipment.
“Payment” – All amounts shall be due and payable in advance of the commencement date. All other charges shall be due and payable upon receipt of the invoice.
The Customer shall grant Allcomm access as necessary to the business premises of the Customer to permit performance of services set forth in this Agreement.
Customer authorizes Allcomm to use the Customer’s name for promotional marketing purposes. Allcomm shall not issue a press release using the customer’s name or a quote without the customer’s prior consent.

Excluded/Additional Services.

The following Additional Services set forth below are available at the Customer’s request and are available at extra cost. If Additional Services are requested the Customer agrees to pay additional charges for these Additional Services at Allcomm’s then current rates subject to the prices prevailing at the time orders are placed. Additional Services include, but are not limited to the following:

Additions, Changes and Relocation.

Upon the Customer’s written request Allcomm shall provide such services as are necessary and available with respect to the System to add to, change or relocate the System, or provide changes to the system such as carrier or network additions and changes.

Repair of damage, replacement of parts or increase in service time caused by: Repair or maintenance as a result of Customer’s failure to continually provide a suitable environment for the System, as prescribed by Allcomm and/or best practices, including adequate space, electrical power, air conditioning, dust control, connectivity to telephone system, host computer system and LAN.

Repair, replacement, or maintenance as a result of Customer’s failure to follow the installation, operation and maintenance instruction provided by Allcomm or manufacturer.

Neglect, misuse, tampering, accident, or abuse, including use of System for purposes other than which designed.

Wiring, repair, alteration, modifications, or improper installation by anyone other than Allcomm, its subcontractors or affiliates without Allcomm’s prior written approval or supervision.

A corrosive atmosphere harmful to electronic circuits’

Damages caused by pests or domestic animals.

Vandalism, burglary, theft, lost or stolen parts; and/or

Equipment other than equipment under Warranty or Support Agreement from Allcomm including damage caused by telephone equipment or lines of the host telephone system, host computers or LAN.

Customer to Provide:

Limitation of Liability

Furthermore, no action, regardless of form, arising out of or under this Agreement may be brought by either party more than one (1) year after the first day that the cause of action has occurred, except for an action for nonpayment. Allcomm hereby assigns to and passes through to the Customer any Warranty provided to it by its equipment supplier(s), and Allcomm shall not be responsible for any defective parts or workmanship in new equipment provided hereunder. Rebuilt or reconditioned equipment may be provided upon notice to Customer, and Allcomm shall be responsible therefore to the extent of the terms of this Agreement, and same shall not reduce to any extent of the Warranty or the availability of maintenance provided hereunder.

This Agreement Shall Not Cover:

An act or event occurring external to the equipment which causes, either directly or indirectly, a failure or malfunction in the equipment including without limitation, failures or malfunctions of the trunk or toll lines, cable or other equipment connecting the equipment to the system, failure of the host system or abnormal power fluctuations which adversely affect the equipment.

Data Backups:

Data backups are performed as per the original setup and configuration as determined by the client and the installer. These settings can be changed at any time by written request from the client. Changes are billed at Allcomm’s then current rate.

System Access:

Local system access is limited and not supplied to the customer for security reasons. Only Allcomm personnel will have access to the system.

System Growth:

Over time the customers’ needs may change and the system may not be able to meet their needs, and a larger system may be required. Should this be the case during the contract the customer has the option of deleting files to gain storage space or upgrading to a larger system. Depending upon the timing of this a system rebate may be available for the purchase of a larger system. Any work to delete files or install a larger system will be billed under current Allcomm rates.

System Restore:

Any file or system in need of restoration services is covered during business, under this contract at no fee to client. Any restoration services required after hours is billed at our current rates.

TERM:

Term of Agreement shall not commence until both parties have executed this Agreement and Customer shall have paid Allcomm the amount of due plus tax monthly for backup services. Should the manufacturer have any rate increases these increases will be passed on to the client.

Termination by Customer will immediately require payment of the balance for the remaining term. This Agreement shall include Business Day Coverage from 8:00am to 4:30pm Monday through Friday excluding Allcomm Holidays and shall be renewed automatically for successive one-year terms unless either party gives the other party written notice of termination, which termination shall be effective only on the expiration of the current Term. Annual adjustments for incremental purchases of products and services will be applied to future purchases prorated for the current term.

ALL-Cabling Terms & Conditions:

Any included delivery charges are estimates only.
We do not keep inventory and as such only order items once we receive a
completed order from a client.
If You would like to return an item or cancel an order, a restocking fee may apply. We will need approval from the distributor that the stock is returnable before being able to issue a refund as not all products can be returned.
Unless Specified, all items are covered by manufacturer’s warranty covering parts and labor for hardware only on a return to depot basis.
All installations are performed during business hours unless stated otherwise.
Commercial power and grounding are the responsibility of the client.
VoIP Estimates may require additional hardware and network configurations that may not be included
If a man-lift is required an additional fee will be added if not specifically included in the estimate.
Parts include manufacturers warranty, no parts warranty offered by Allcomm.
Local permit is additional if required
Fire wall sleeve installations are not easily determined in basic walk throughs and if needed are additional.
All cable installations assume same floor installation and support structure reachable by 10’ or smaller ladder.
Floor cores is required are additional.
Support pathways above 12’ are additional.
All cable installations assume EMT conduit in place with box.
Wall locations that require fishing of cables are additional.
Quote assumes that all work may be performed during normal working hours.
Equipment and materials supplied by Allcomm are warranted only to the extent that the manufacturer warrants the same.
A COR (Change Order Request) form will be used for any services that are considered out of the scope of work for this SOW. CORs can include time, materials, and other administrative fees.
Equipment shipping charges to be billed at actual if applicable.
Pricing is based on 100% award of each category. Request for smaller versions of work to be performed will require a re-quote.
The customer will be responsible for providing drawings in one of the following file formats: CAD, .pdf, jpeg or png.
Customer will provide timely access to IDF /MDF network closets.
All invoices not contested in writing by Client within seven business days of receipt, are deemed accepted as true and accurate.

Partial billing for services will occur if the project is delayed beyond Allcomm’s control for more than two weeks from initially agreed upon schedule.
Delays of more than 2 hours while on site may incur additional charges.
Special work environments (i.e., medical facilities, high security, clean rooms, toxic environments, etc.) may cause delays and additional charges may apply.
Prevailing wage has not been included unless specifically stated.
Premium shift wage has not been included unless specifically stated.
If extra team members are required by Allcomm to have on hand due to safety guidelines, additional charges will apply if not notified prior to SOW signature.
Permits to be acquired by customer.