Client Engagement Terms & Conditions

 Thank you for selecting The Nashville IT Group, Inc. as your IT Partner. As with any relationship, we believe things work more smoothly when we agree on how business will be conducted. This document formalizes the relationship between the Service Provider (The Nashville IT Group) and the Client (You). Please read it carefully.

TERMS EFFECTIVE: January 1st, 2023

Our company charges fees which are based on, among other things, the time and labor required to properly complete the task at hand, the difficulty and complexity of the task, and the results expected.

When applicable, The Nashville IT Group will provide a time/cost estimate prior to performing any billable services. If we encounter unexpected issues during our progress, we will require written approval from senior management regarding any additional costs or delays in the project.

This agreement remains in effect for the duration of our business relationship or until these terms & conditions change. Any changes will be submitted to the Client prior to implementation.

I/we agree to comply with the following terms:

1. Support during normal business hours and when a pre-paid service agreement has not been signed, scheduled on-site services are billed by the hour with 1-hour minimum. Emergencies have a 2- hour minimum. Remote services are billed in 30-minute increments with 1-hour minimum.

2. After Hours Support – Unless otherwise specified, additional charges apply for service requested via phone or email outside the hours of 9:00am – 4:00pm CST Monday through Friday. This includes weeknights, weekends, and holidays.

The after-hours rate requires management approval and is $189/hr. with the following minimums:

Weeknights 1-hr,

 Weekends 2-hr,

Holidays 4-hr.

1. There is a $50 charge on ALL failed transactions and insufficient funds.

2. The Nashville IT Group shall not be bound by any terms or conditions printed on a purchase order, check, or correspondence from client without prior written acceptance of such terms.

3. Past Due Invoices/Late Fees – All invoices that are not in dispute and are more than 30 days past due will incur a $25 late fee for the 1st month plus 1.5% of the total amount for each additional month past due.

The Nashville IT Group will not perform work for clients with past due balances. This includes but is not limited to emergency services.

Cost of collection, including reasonable attorney’s fees, shall be borne by the client.

4. Quotes – All hardware related quotes are subject to a minimum $50 quoting fee. Once the quote is accepted the quoting fee will be deducted from the final price. All quotes are valid for 30 days unless otherwise stated. All hardware quotes require payment in full prior to us placing order.

The Nashville IT Group does not guarantee the price and/or the availability of product and/or services quoted.

5. Cancellation of Services, Refunds, Transfers and Returns –

All labor charges are non-refundable. All contractual agreements require a full 30-day notice of cancellation prior to the 1st of the month. The Nashville IT Group does not pro-rate cancelled services.

Licensed software (including Office 365) not refundable.

Managed services software, applications, processes, policies, procedures, and vendor relationships owned by The Nashville IT Group are not transferable.

All merchandise may be returned within 30 days. There is a 15% restocking fee on all items except special-order items which carry a 25% restocking fee.

All merchandise remains the property of The Nashville IT Group until paid in full by Client. All defective merchandise must be returned to The Nashville IT Group, with shipping prepaid.

6. Warranty – All hardware is sold with a manufacturer’s warranty, unless otherwise stated. The Nashville IT Group provides no additional warranty.

 From time to time The Nashville IT Group may offer items for sale that are demonstration units, refurbished, or used. All such items are labeled and sold AS-IS and are not returnable.

7. Non-Business Class Devices – The Nashville IT Group shall not be responsible for supporting or maintaining residential class firewalls, networks/cabling, Wi-Fi, printers, or other personal devices.

Outdated or non-business class computers may incur additional fees.

8. Service Calls Where No Trouble Is Found – If Client requests on-site service and no problem is found or reproduced, Client shall be billed for 1 hour minimum.

Emergency on-site service will be billed a 2- hour minimum.

TAXES It is understood that any Tennessee state and local taxes applicable shall be added to each invoice for services or materials rendered. Client shall pay any such taxes unless a valid exemption certificate is furnished to The Nashville IT Group.

Out-of-State clients may be subject to declaring and paying use tax to their local taxing authorities. The Nashville IT Group will not be held liable for such tax.

STAFF The Nashville IT Group, Inc. is an independent Contractor, and The Nashville IT Group is not employed by Client. The Nashville IT Group is hereby contracting with Client for IT related services and The Nashville IT Group reserves the right to determine the method, manner, and means by which the services will be performed.

The Nashville IT Group is not required to perform the services during a fixed hourly or daily time. The Nashville IT Group shall not be required to devote their full time to the performance of the services required hereunder, and it is acknowledged that The Nashville IT Group has other clients and offers services to the general public.

The order or sequence in which the work is to be performed shall be under the control of The Nashville IT Group.

 Client shall not provide any insurance coverage of any kind for The Nashville IT Group, and Client will not withhold any amount that would normally be withheld from an employee’s pay.

CONFIDENTIAL INFORMATION Each Party hereto (“Such Party”) shall hold in trust for the other Party (“Such Other Party”) and shall not disclose to any non-party to the Agreement, any confidential information of Such Other Party.

Confidential information is information which relates to Such Other Party’s research, development, trade secrets, or business affairs, but does not include information which is generally known or easily ascertainable by nonparties of ordinary skill in computer design, programming, networking, information technology, or the specific business interests of either Party.

 The Nashville IT Group hereby acknowledges that during the performance of this contract, The Nashville IT Group may learn or receive confidential Client information and therefore The Nashville IT Group hereby confirms that all such information relating to the Client’s business will be kept confidential by the Service Provider, except to the extent that such information is required to be divulged to the Service Provider’s clerical or support staff or associates in order to enable Service Provider to perform Service Provider’s contract obligations.

LIMITATION OF LIABILITY The Nashville IT Group, Inc. warrants to Client that the material, analysis, data, programs, and services to be delivered or rendered under this engagement will be of the kind and quality designated and will be performed by qualified personnel. The Nashville IT Group offers no guarantees or warranties, express or implied, as to system availability and functionality during any phase of its support services and makes no guarantees or warranties, expressed or implied, regarding the ability to resolve computer-related problems, to recover data, or to avoid losing data. The Service Provider is not responsible for the failures or outages of upstream service providers

The Nashville IT Group makes no other warranties, whether written, oral or implied, including without limitation warranty of fitness for purpose of merchantability. In no event shall The Nashville IT Group be liable for special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to The Nashville IT Group in advance or could have been reasonably foreseen by The Nashville IT Group, and in the event this limitation of damages is held unenforceable then the parties agree that by reason of the difficulty in foreseeing possible damages all liability to Client shall be limited to the lesser of Five Thousand dollars ($5,000.00) or the total amount paid labor to The Nashville IT Group in the previous three whole months as liquidated damages and not as a penalty.

 GOVERNING LAW-DISPUTE RESOLUTION This Engagement document shall be governed by and construed in accordance with the law of the State of Tennessee. Except with respect to disputes arising out of the provisions of Sections 5 hereof, which disputes shall be heard in the Tennessee Superior Court in and for Davidson County Tennessee, to the jurisdiction of such court each of the Parties consents, any dispute arising out of or relating to the terms hereof shall be resolved by binding Arbitration conducted before a single Arbitrator in Davidson County Tennessee in accordance with the then applicable Commercial Arbitration Rules of the American Arbitration Association. (“AAA”).

Notwithstanding the reference to AAA or the rules thereof the Parties shall not be required to utilize AAA to administer any such arbitration save and except to the extent that the Parties are not able to agree on the identity of the arbitrator within 30 days after one of the Parties shall serve a notice of and demand for arbitration on the other. I/We agree to these terms and accept responsibility for payment of our account.