General Terms & Conditions

Liability Waiver: I authorize Excelsior Computer Consulting L.L.C. to perform work on my device(s)/infrastructure/data/building/premise. I understand that Excelsior Computer Consulting L.L.C. is not an authorized service dealer. Further, I agree to release, indemnify, and hold harmless Excelsior Computer Consulting L.L.C. or its agents from liability for any claims for damages of any kind or description that may arise from any work performed on my device(s)/infrastructure/data/building/premise. I understand that Excelsior Computer Consulting L.L.C. is not responsible for any data/money loss, which may occur as a result of work done on my device(s)/infrastructure/data/building/premise. It is the responsibility of the client to backup their data, including data recovery services. If the Provider does not agree in writing, in the form of a signed agreement or pre-paid estimate or invoice, to provide the Client a specific service, then the Client will not receive that service, and the Provider is not responsible for anything that could happen as a result from you not having that service.

Point of Contact:

The provider requires the client to provide “Authorized User(s)” that are authorized to request/modify/approve/etc. On behalf of the client. Please list the names, title, and authorization levels of desired Authorized Users. To modify this list at any time, please email support@excelsiorcc.com with your request.

Data Recovery: I understand that given the nature of electronic data storage and recovery services, problems could arise and are not the fault of Excelsior Computer Consulting, but are coincidental and could surface at any time, even when a previous problem is corrected. You have provided Excelsior Computer Consulting with a data storage device with the goal of recovering as much data on the device as possible. You understand that the reason you have brought the device to Excelsior is that the device is damaged/malfunctioning, therefore in data recovery attempts, physical damage may occur. You understand that while Excelsior will make every effort to recover data from the device, data recovery is an inexact science, every case is different, and there is no guarantee that any data will be recovered nor that the data recovered will be useful.

Parts/Merchandise Ordering: The ordering of parts or equipment may be required to resolve the problem in question, or at the request of the customer. By signing this agreement you agree to pay for all parts ordered and deemed necessary by the provider to properly resolve the chief or secondary complaints of the client.

Pricing: Service Charges/Rates are available upon request prior to work being requested, however by requesting work to be completed, you agree to the fixed charges set by Excelsior Computer Consulting even without prior notification. Notification will be made to the client only if the quoted price is to increase from the authorized price, prior to ordering or service. Charges for services, labor, software/hardware and parts are subject to change based on price purchased at the time of sale by wholesale distributors and work provided. Charges are fixed and determined on a competitive scale for the same service in the immediate service area. The provider reserves the right to place a service charge on past due accounts at the highest rate permitted by law. All sales are subject to sales tax. Tax-exempt certificates are to be provided prior to service being performed. Business hours are set by the provider and are subject to change. Due to this, all service calls/requests that are received and those requiring immediate attention, i.e.: service outage, computer failure, are subject to an emergency service fee and/or after-hours fee.

Consultation: Excelsior Computer Consulting reserves the right to charge for all consultation services and requests for these services, even without explicit verbiage. Excelsior reserves the right to charge the requester for consultation services for all research/services completed.

Estimated Completion Time: An estimated completion time for your repair/install/service will be provided up front when available. Unforeseen circumstances may have an impact on the ability to complete the services due to the nature of the work being completed, notification will be made. Service will be provided during normal business hours of the supplier. These are also referred to as ‘standard hours’ and are 9:00am — 4:00pm on weekdays, excluding holidays. After hours’ support is available during emergencies. Service will be provided on an appointment basis only, at the limitations of the schedule and availability of the Provider.

Impact of Upgrades: Please be advised that it is your responsibility to understand the impact of upgrades to the operating system, applications and utility software. Such upgrades can lead to incompatibilities and the possible loss of data. Computer hardware and software work together and incompatibility may not become apparent until a later date. You are responsible for contacting the manufacturer of your computer regarding any possible compatibility issues before you request/receive upgrades.

Payment: All work requested and/or approved is subject to a diagnostic fee/service charge at the sole discretion of Excelsior Computer Consulting and its technicians. Fees for services rendered and all applicable charges are due upon completion of service. All invoices are due on receipt. Past due is defined as the day after the due date. Late Fees are applied ten (10) days past the due date, with a (5) five day grace period. Late accounts are subject to collection and/or other legal remedies. All services rendered by Excelsior are subject to and internally classified as Trade Secrets, therefore until paid in full, Excelsior retains full ownership of completed work. This clause is enacted everytime a change is requested by the client and completed by the provider. The provider reserves the right to, without notice, disable/terminate access to all services/devices that the provider manages until account balance is paid in full. Client is responsible for all legal fees/charges incurred by the Provider. Projects may require payment in advance. Excelsior reserves the right to require a deposit and/or hold a device/project production until paid in full. Invoices are sent electronically, and only mailed at the discretion of the provider. Payments are accepted electronically via QuickBooks, Visa, MasterCard, American Express, Discover, ApplePay, ACH, Paypal, Check, and Cash. Processing fees may be imposed at any time.

Privacy: Excelsior Computer Consulting L.L.C. technicians will not browse through your hard drive looking at your data; however, we may inadvertently see data during the course of our work. Please remove any personal or private files you do not want others to see.

Access: In order to perform work, Excelsior Computer Consulting LLC and its technicians require account credentials, 24/7 physical building access, electronic building access, alarm system codes, pin codes, vendor account information and access code. In the practice of least privilege, all of this access is managed through Brandon Morris, Owner, Excelsior Computer Consulting and the authorized point of contact for the client. It is the responsibility of the client to provide the provider with all updated/changed credentials (physical or electronic) within 24 hours of a change. If the provider is unable to access physical or electronic assets due to a changed or modified physical or electronic credential, and the client did not notify the provider within the 24 hour window, the provider reserves the right to charge for services rendered but unable to be completed.

The client provides blanket authorization and approval for all Excelsior Computer Consulting Employees and Agents to gain access to all physical and electronic property at any time 24 hours/7 days a week/365 days a year during the time this agreement is valid. The provider does not need to obtain approval for access on an individual occurrence basis unless requested by the client in writing. To rescind this authorization, written notice must be provided to Brandon Morris, Owner, Excelsior Computer Consulting LLC, and at that time, authorization will be rescinded.

Right to Refuse: The provider reserves the right to refuse work that we believe is beyond the scope of our ability or services or for other good cause.

Abandonment: If you do not pick up or accept your equipment within thirty (30) days after we notify you that the requested service is complete, we will treat your equipment as abandoned. You agree to hold Excelsior Computer Consulting L.L.C. harmless for any damage or claim for the abandoned property. Any and all service charges are still your responsibility.

Provider Services: Excelsior Computer Consulting reserves the right to utilize programs and services it sees fit to better serve our clients. These services may be charged to the client or may be factored into the charge of the service. If a client chooses to end the provider-client relationship, or the provider chooses to terminate the client due to violation of this agreement, the client will be responsible for any charges incurred, labor, and/or be responsible for converting their data that is exported by Excelsior to regain a functioning system. Services managed by Excelsior

Computer Consulting may not be transferable or exportable and may require client to forfeit established managed

service and create a new one through an alternate vendor.

Advertisement: You authorize Excelsior Computer Consulting to take photograph/videography of in-progress/completed work at your premises or of your property to use in advertisement or for promotional purposes. If you would like to opt out of photograph/videography of in-progress/completed work at your premises or of your property, please submit your request via email to support@excelsiorcc.com.

Requesting Support:

Email - Support requests should be emailed to support@excelsiorcc.com. If you were working on a specific project with an individual technician you may email their business email address, and copy the support@excelsiorcc.com to maintain a trail.

Business Main Phone - 315.795.1052 is the main business line and should be used for general communication. Option 5 is our Emergency Line. In the event of an emergency outage or related concern, please utilize this method and you should also follow up via email.

Employee Mobile Number - if an Excelsior Engineer/Technician provides their mobile number, please use this as directed by the Engineer or Technician and keep in mind that our Support Email and Business Phone are the main methods of submitting a support ticket.

Excelsior Website - www.excelsiorcc.com On the main homepage there is a “Submit Support Request” button that allows you to submit tickets that get automatically added to our ticketing system.

Termination: In the event that the client terminates the Provider-Client relationship, or the provider terminates the Provider-Client relationship, all outstanding charges will remain due and payable including any charges incurred due to the “Provider Services” clause in this agreement. The provider reserves the right to charge via "AutoPay" methods

if authorization is on file. If termination from either party is enacted, the terms of this agreement remain valid until

final execution of all business between provider and client.

Severability: If any part or term of this Agreement shall be deemed invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect. Client and Provider irrevocably agree that this Agreement shall be enforceable under the laws of the State of New York and submit to jurisdiction of said Court.

Governing Law; Venue: This Agreement shall be governed by and constructed in accordance with the laws of the State of New York. In the event any action brought to enforce or declare the meaning of this agreement, the venue shall be in the County and State in which Excelsior Computer Consulting LLC is located.

Non-MSP*: There is no expectation for the administration of Managed IT Services to be provided to the client to any extent. Services are provided on an as requested basis, that is established by an authorized party or agent and the provider. Services will be charged according to the hourly rate specified by the provider, or standard service charge. Even if additional services are provided at no cost, this is subject to change and is not indicative of a Managed IT Services contract/relationship between the client and the provider. At any point a client may request to transition from a Non-MSP client to an MSP client.

*This clause only applies if there is not a current Managed IT Services Contract in place between the provider and the client specified below.

Note: This service agreement is subject to change at any time and notice will be given to the client. Future versions will require the client to re-sign this agreement.

By signing this service agreement you acknowledge and agree to the above statements and following terms:

I am at least 21 years of age and am competent to contract in your name. I have read this agreement before signing and fully understand the contents, meaning and impact of this agreement.
I have read, understand and hereby agree to the terms and conditions of this agreement, and attachments and understand I am bound by those terms. I understand failure to abide by the rules and regulations may result in immediate revocation of my Agreement and legal action will be taken against me if deemed necessary by the provider.
I certify that I am the expressed owner, or an authorized agent for the business, of the device(s)/infrastructure/data/building/premise the repairs/service were requested for. In the event that I am found not to be the true expressed owner of this device(s)/infrastructure/data/building/premise, I assume all liability for any claim made as a result of any and all support rendered by Excelsior Computer Consulting L.L.C., including those claims which assert negligence on the part of Excelsior Computer Consulting L.L.C..
I understand that technical support rendered by Excelsior Computer Consulting L.L.C. may void manufacturer warranties. Excelsior Computer Consulting L.L.C. does not assume any liability or warranty in the event that the manufacturer warranties are voided.
I understand that Excelsior Computer Consulting L.L.C. offers no verbal or written warranty/guarantee, either expressed or implied, regarding the success of any services provided.
I expressly waive all claims against Excelsior Computer Consulting L.L.C. for any damages to my device(s)/infrastructure or data that are incidental to the technical support/services rendered.
My signature below is forever binding with no termination date unless the provider receives written revocation of authorization.
I understand that any act of violence, inappropriate language, or perceived threat towards any member of Excelsior Computer Consulting will not be tolerated and will lead to termination.

You hereby grant permission to use your image and likeness )photographs and/or videos) in which you, any employees, or guest(s) appear for any of its public displays such as not limited to website, social media, and advertisement prints, without payment or any other consideration. You hereby irrevocably authorize Excelsior Computer Consulting to edit, alter, copy, exhibit, publish or distribute these photos / videos for purposes of publicizing Excelsior Computer Consulting or for any other lawful purpose of Excelsior Computer Consulting. In addition, you wave the right to inspect or approve the finished product, including written or electronic copy, wherein you appear. Additionally, you waive any right to royalties or other compensation arising or related to the use of the photo / video. You hereby hold harmless and release and forever discharge Excelsior computer Consulting from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of an estate you have or may have by reason of this authorization. It is the responsibility of the client to inform their employees and their guests of this photo use policy and authorized release.

I am at least 21 years of age and am competent to contract in your name. I have read this agreement before signing and fully understand the contents, meaning and impact of this agreement.