Terms of Service
The initial term for Services provided is one year from date of deployment starting at
the beginning of the calendar month in which services are deployed. This Agreement shall automatically renew for successive one year terms for the life of the Customer relationship. Customer may choose not to renew services for successive terms with a sixty (60) day written notice to MSP. Net-Care will provide services in a competent manner, comparable to industry standards. If MSP does not provide services in such manner and cannot rectify the problem(s), within sixty (60) days from CUSTOMER written notice in which CUSTOMER identifies the problem(s), CUSTOMER will have the right to terminate the respective Schedule only. Net-Care at its sole discretion, may terminate this Agreement if CUSTOMER:
(a) becomes the subject of any proceedings under the Bankruptcy Act or other insolvency law, voluntary or involuntary, if such proceeding is not dismissed within ninety (90) days;
(b) suffers a receiver to be appointed for its affairs or property; or
(c) enters into an assignment, or other an arrangement, for the benefit of its creditors, or suffers an attachment against or a seizure of a substantial part of its assets, equipment or its parts and inventories.
However, CUSTOMER's responsibility for past due amounts shall survive each bankruptcy
proceeding provided the acknowledgment of such liability by CUSTOMER will not affect the discharge of CUSTOMER regarding other general creditors.
In the case of default by either party under this Agreement, the defaulting party will reimburse the non-defaulting party for all costs and expenses
arising from the default, including reasonable attorney fees if the non-defaulting party engages in legal counsel to preserve or enforce such rights
under this Agreement, including the collection of any payments due. Termination of this Agreement will not adversely affect 3.5. any right existing as
of the effective date of termination. The rights and remedies provided under this Agreement are cumulative and in addition to any other rights or remedies
available at law and in equity, and any other contract instrument or paper.
Ownership of Data
Backup data being stored both on provided equipment and at the Data Center remains the sole property of the CUSTOMER. If CUSTOMER chooses to terminate services,Net-Care will assist CUSTOMER in the orderly termination of services at its current rate structure. This could involve copying the backup image to an external drive. CUSTOMER agrees to pay Net-Care the actual costs of rendering such assistance to include hardware if necessary.