Business Pro Managed IT Services Agreement
This agreement is made effective as of the date of acceptance ("Effective Date") by Triumphant Technology Group, LLC (the "Supplier"), a Georgia limited liability company, and the Customer (as defined in the order form).
1. Definitions
- "Services" means the managed IT services provided under this Agreement, including the selected tier (Basic, Standard, or Advanced) with features like advanced monitoring, cybersecurity, reports, and support.
- "Tier" means the selected level of Business Pro (Basic, Standard, or Advanced) as chosen by the Customer.
- "Customer" means the individual or entity purchasing the Services.
- "Supplier" means Triumphant Technology Group, LLC.
- "Term" means the initial 12-month period and any renewal periods.
2. Services Provided
Supplier agrees to provide the Business Pro Package, a mid-tier managed IT service for growing businesses, including:
- Advanced system monitoring and analytics.
- Enhanced cybersecurity with threat detection.
- Weekly reports and performance reviews.
- Dedicated support team.
- Scalable cloud integration.
- Tier-specific features: Basic for core monitoring; Standard for advanced analytics; Advanced for dedicated support and optimization.
Services may be performed remotely or on-site. Response times for support requests are within 2 hours for standard issues in higher tiers. Unused resources are not transferable.
3. Payment Terms
This is an annual contract billed monthly in advance. Pricing is tier-based: Basic $249/month, Standard $399/month, Advanced $649/month. Invoices are generated on the 1st of each month and sent via email. Payment is due within 15 days. Late payments incur a $25 fee if 15 days past due and 1.5% monthly interest if 30 days or more past due. All payments are non-refundable. Customer agrees to pay all collection costs, including reasonable attorney fees, if necessary.
4. Term and Renewal
The initial Term is 12 months from the Effective Date. The Agreement automatically renews for additional 12-month periods at the then-current rates unless terminated with 30 days' written notice prior to the renewal date. Supplier may adjust rates annually to account for inflation or cost increases, with 60 days' notice.
5. Upgrades and Downgrades
Customer may upgrade to a higher tier at any time, effective immediately upon payment adjustment. Downgrades to a lower tier may only occur at the end of the current Term (renewal time).
6. Termination
Either party may terminate with 30 days' written notice. If Customer terminates before the Term ends, Customer forfeits all moneys paid and remains liable for the remaining balance. The Agreement terminates automatically upon Customer's bankruptcy, insolvency, sale of business, or death. Supplier may terminate for Customer's default or material breach with 30 days' notice. Upon termination, Customer must pay all outstanding fees.
7. Liability
Supplier's liability is limited to the amount paid by Customer in the 12 months prior to the claim. Supplier makes no warranties, express or implied, including fitness for a particular purpose. Supplier is not liable for indirect, consequential, or incidental damages, including lost profits or data loss. Customer agrees to indemnify Supplier against claims arising from Customer's use of the Services.
8. Warranties
Supplier warrants that Services will be performed in a professional manner consistent with industry standards. No other warranties are provided. Customer warrants that it has the authority to enter this Agreement and will comply with all applicable laws.
9. Governing Law
This Agreement is governed by the laws of the State of Georgia, without regard to conflict of laws principles. Disputes shall be resolved in the courts of Georgia.
10. Other Relevant Clauses
- Cooperation: Customer must provide access to systems, documents, and personnel as needed for Services.
- Confidentiality: Both parties agree not to disclose confidential information, with obligations surviving termination.
- Force Majeure: Neither party is liable for delays due to acts of God, pandemics, or other uncontrollable events.
- Assignment: Customer may not assign this Agreement without Supplier's consent.
- Entire Agreement: This document constitutes the full agreement, superseding prior understandings.
- Severability: If any provision is invalid, the remainder remains in effect.
- Data Privacy: Supplier complies with applicable data protection laws; Customer consents to data processing for Services.
11. Communication and Cancellation
All communication regarding this Agreement, including account setup, onboarding, cancellations, and service changes, must be conducted via email using the domains triumphanttechgroup.com or ttgrp.net. Supplier will initiate contact from contact@triumphanttechgroup.com to set up your account and onboard you. To express interest in cancelling or changing services, please contact our team at contact@triumphanttechgroup.com. There is no online asynchronous cancellation process; a member of our team must assist you with any changes, ensuring a smooth transition.
By submitting the order form, Customer agrees to these terms.