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Terms and Conditions

This Terms and Conditions (“Agreement”) is entered into this April 26, 2024 (the “Effective Date”), between Grahek Enterprises, L.L.C., D/B/A Grahek Technology (“Grahek”), a South Dakota limited liability company, and , a (“Client”). Grahek and Client are individually referred to as “Party” and collectively as “Parties”.

Applications of these conditions
1. Unless otherwise agreed by us in writing, these conditions are deemed incorporated in and are applicable to (and to the extent of any inconsistency will prevail over) the terms of every Quote, Order, Plan, Contract, or other arrangement in connection with the supply of Goods and/or Services by Us to You.
2. The invalidity or enforceability of any one or more of the provisions of this Agreement will not invalidate, or render unenforceable, the remaining provisions of this Agreement

Support Policy
1. These are our current support policies. These are subject to change at anytime and without notice.
2. Business hours are 8:00AM MDT to 5:00PM MDT Monday-Friday excluding public holidays
  1. After Hours is 5:00PM MDT to 8:00AM MDT Monday-Friday ad all-day Saturday and Sunday; Excluding major holidays
  2. Service Requests that must be addressed outside of business hours must be lodged by phone (charges may apply for
    afterhours work). If not, the Service Request will be viewed on our next Business Day
3. Support does not include on-site visits/support, hardware failure, new hardware installation, or other services/requests deemed outside of standard services or listed in the exclusions.
4. Fair Use of Support: Grahek Technology may limit support to 30 minutes per user per month after which it may charge the Client at its standard hourly rates for the remainder of the calendar month.
5. Reasonable Assistance Limits: We are only obliged to provide what we consider, in our absolute discretion, to be reasonable assistance in the circumstances (including with the installation and customization of new software or hardware for you or any other work) under any plan and you will pay for additional work at the Rates unless otherwise agreed. Without limiting the discretion of us to determine what reasonable assistance is, normally, reasonable assistance is limited to work done during Business Hours over a period of time not exceeding any period that we have allowed or allows for the Work or has estimated or estimates the Work will take, whether or not notice of the time allowed or estimated is given by Us to You.

Exclusions. Unless specifically included in the preceding Scope of Work, the following exclusions and limitations shall apply:
1. Any and all services and products not specifically included in the Scope of Work.
2. Parts, equipment or software not covered by vendor/manufacturer warranty or support.
3. Cost of any Software, Licensing, or Software Renewal or Upgrade Fees of any kind.
4. Cost of any 3rd Party Vendor or Manufacturer Support or Incident Fees of any kind.
5. Cost to bring Client’s environment up to minimum standards required for Services.
6. Cost of any Hardware or Software that is not explicitly included in a SOW or Invoice
7. Failures due to acts or omissions of God, internet service provider, building modifications, power failures, or other adverse environmental conditions or factors.
8. Service and repair made by the alteration or modification of equipment other than that authorized by Service Provider, including alterations, software installations or modifications of equipment made by Client’s employees or anyone other than Service Provider.
9. Project, research, design, planning, or maintenance time over 1 hour per day.
10. Account management (billing + provisioning) for software products unless Grahek Technology is the vendor.
11. Personal Device Support of any kind.
12. Programming, modification, or troubleshooting of software code of any kind
13. Training Services for any products or services.
14. Direct Database table or query administration, design, and diagnosis of any kind.
15. Web Services or any other services not specified in the contract.
16. Service usage overage costs of any kind (Cloud or Local usage limits).
17. Providing support to a non-covered device of any kind.
18. Negotiating pricing with 3^rd parties of any kind on Client's behalf.
19. Project Management, Specialist, or VCIO services of any kind.
20. Excessive troubleshooting of any kind outside of normal due diligence.
21. Managing Printer alerts and office supply inventory of any kind.
22. Shipping charges of any kind.
23. Industry audits, compliance, inspections, reviews, necessitated by any third party.
24. Moving of interoffice furniture/equipment, Moving locations, Remodeling, Construction or any similar changes.
25. Communication Cabling of any kind.
26. Audio Video, Camera System, Access Control, or any like products.
27. Support of any third party hardware not formally authorized to support by Grahek Technology
28. Program, server, or system migrations unless explicitly covered
29. Any products or services not purchased from Grahek Technology
30. Grahek Technology does not assume and specifically excludes client’s obligation to comply with the Health Insurance Portability and Accountability Act or any other regulations.
Additional Terms
1. Services provided by Grahek Technology outside the agreement(s) shall be charged a minimum of $140/hour per technician, plus taxes and expenses, unless agreed upon by the parties in writing. Travel time is subject to the same rate.
2. Grahek Technology will make additional recommendations during the term of this agreement and additional periods. Security recommendations are considered essential and non-compliance with stated initiatives will result in increased pricing.