Managed Services Terms

These Managed Services Terms of Service (“Managed Services Terms”) govern Client’s use of The Amaral Group, LLC’s Managed Services. By subscribing to or using The Amaral Group, LLC’s Managed Services, Client agrees to be bound by these Managed Service Terms, which are incorporated into The Amaral Group, LLC Master Service Agreement between Client and The Amaral Group, LLC. Capitalized terms not defined in these Terms of Service have the meaning given to them in The Amaral Group, LLC Master Service Agreement.

SERVICE SUBSCRIPTIONS

Service Subscription Required. The right to use this Service requires that Client is enrolled in a Service Subscription.

Service Plan. Each Service Subscription has its Service Plan defined by the applicable Order and its Schedule of Services. Managed Services Plan options include:

• Managed Services
• Managed Services (Remote Only)

SERVICE LEVEL

Unlimited On-Demand Support. Client is eligible to receive unlimited on-demand unscheduled support via The Amaral Group, LLC’s Email / telephone support system.

Guaranteed Response Time. During Business Hours The Amaral Group, LLC will respond to support phone calls within 15 minutes for High Priority issues and will provide Remote Support within FOUR (4) hours of receipt of notification from Client.

Account Executive. The Amaral Group, LLC will provide Client with a dedicated Account Executive.

Administration. The Amaral Group, LLC will administer Client System including user account and group management, device registration, access control, etc…

Real Time System Monitoring. The Amaral Group, LLC will provide monitoring services for Client System.

Maintenance and System Patching. The Amaral Group, LLC will provide Client with proactive maintenance and patching services for Client System.

Managed Anti-Virus. If Client subscribes to this service, The Amaral Group, LLC will provide Client with Anti-Virus and Malware protection for Client System.

Consulting and IT Planning. The Amaral Group, LLC will provide Client with consulting, new technology planning, life-cycle budgeting and solution engineering services.

Standards Alignment. The Amaral Group, LLC will perform regular Alignment reviews with key Client decision makers to confirm Client’s IT is aligned with business goals providing strategic roadmaps and business impact analysis.

Reporting. The Amaral Group, LLC will maintain a detailed log of the Client System. Records include system information, ticket history, user information, service information, etc… Information is available to Client via the Client Portal.

Perimeter Security. The Amaral Group, LLC will provide Client with perimeter security services and firewall management.

System Inventory. The Amaral Group, LLC will maintain detailed records of the Client System and where they are available to the Client through the Client Portal.

24/7 Support Options. The Amaral Group, LLC will NOT be reachable outside of Business Hours unless a 24/7 Emergency Support Option is specified in the referencing Order and Schedule of Services.

• 24/7 Emergency Support (Remote Only). ONLY IN CASES OF SYSTEM OR NETWORK WIDE EMERGENCY, The Amaral Group, LLC will be available 24 X 7 for Remote Support. Any issues that cannot be resolved remotely will be scheduled for Onsite Support on the next business day.
• 24/7 Emergency Support (Remote with Onsite). ONLY IN CASES OF SYSTEM OR NETWORK WIDE EMERGENCY, The Amaral Group, LLC will be available 24 X 7 for Remote Support. Any issues that cannot be resolved remotely, The Amaral Group, LLC will dispatch a technician for same day Onsite Support service. Client must provide The Amaral Group, LLC access to Client System.

SUPPLEMENTAL SERVICES

If Client has selected Supplemental Services, then specifics are defined on the Supplemental Services Terms of Service.

CLIENT’S OBLIGATIONS

Any authorized Client employee may make service requests using the following methods with the related degrees of priority.

Client will make Client System available to The Amaral Group, LLC via remote access at all times through the use of a secure connection, firewall and a dedicated high speed Internet connection which Client agrees to maintain at all times.

CHARGES

In consideration of The Amaral Group, LLC’s performance of Services pursuant to these Managed Services Terms, Client shall pay The Amaral Group, LLC the monthly rate as defined in the referencing Order. Any changes to the Client System will amount to an additional monthly fee. This amount is to be paid in monthly installments. The initial installment is payable upon the execution of this Agreement by both parties.

Additional service hours outside the scope of these Terms are billed at the Hourly Rate.

If Client has selected the Managed Services (Remote Only) option, all Onsite Support is billed at the Onsite Support Hourly Rate indicated on the referencing Order.

All software and hardware costs are the responsibility of Client.

Printer hardware failure repair is outside the scope of this Agreement. The Amaral Group, LLC will outsource printer hardware repairs to manufacturer or a third-party vendor. Service charges may apply.

LICENSES: Please note that all Microsoft and Google Workspace licenses are ANNUAL contracts billed monthly and are not cancelable. You can request MONTH-to-MONTH (each vendor adds ~20% premium on month-to-month). All Adobe Licenses are ANNUAL.

Assignability

Neither this Agreement nor any of the rights or obligations hereunder may be assigned, delegated, or otherwise transferred by Client without the prior written consent of The Amaral Group, LLC, and any attempted assignment without such consent shall be null and void.

The Amaral Group, LLC may assign or transfer its rights and obligations under this Agreement without Client’s consent, including, but not limited to, in connection with (i) a merger, acquisition, sale of all or substantially all of its assets, or other corporate reorganization, or (ii) an assignment to an affiliated entity or subcontractor for the performance of services, provided that such assignee agrees in writing to be bound by the terms of this Agreement.

Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.

This clause shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.

DEFINITIONS

“Onsite Support” means any assistance provided by The Amaral Group, LLC that is done on Client System that requires physical presence at Client location.

“Remote Support” means any assistance provided by The Amaral Group, LLC that is done on Client System without physical presence at Client location.