Terms of Service
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on website. Your continued use of our services after amendments are posted constitutes an acknowledgement and acceptance of the Terms and its modifications.
This is phone service only. for the Hotel and Resort Guest Only. In US English ONLY!!
The National Support Center Inc. 7001 St Andrews Road, #194, Columbia SC 29212 (NSC) Phone #:1-800-203-796 E-mail: firstname.lastname@example.org is a company incorporated in the State of South Carolina.
1. Hours of Support
1.1. This agreement is for 7 day a week CUSTOMER Service and Technical Support with 24 hour coverage.365 days per year
2. Holiday schedule
2.1. Customer service and Technical Support will be provided on all US offical holidays.
3. Service outages
3.1. NSC will Inform CUSTOMER of any scheduled service outages at least 48 hours in advance
3.2. NSC will take all reasonable precautions to avoid any service outages using redundancy and contingency planning.
4. Confidential information
4.1. Except as provided in this Agreement, NSC and CUSTOMER each agree that it shall not use in any way or disclose to any other person or entity any information relating to the business, Customers’, financial affairs or condition or business methods of the other which shall become discernible or available to it in any way by virtue of the dealings between the parties, whether or not specifically identified as being secret or confidential; provided, however, that NSC may disclose information concerning its payment terms with CUSTOMER, and the credit-worthiness of CUSTOMER. CUSTOMER acknowledges that certain Services are based upon unique, copyrighted and/or proprietary and confidential information, concepts, designs and implementations and CUSTOMER agrees neither to disclose nor to permit the disclosure of any confidential or proprietary information relating to any or the Services to any other person or entity.
4.2. The provisions of this Section shall survive the termination or rescission of this Agreement or any provisions here-under.
5.1. Unless this Agreement is earlier terminated, as provided below, the rights and obligations of CUSTOMER and NSC here-under shall be effective on a month to month basis, unless either party gives written notice of termination at lease ten (10) days prior to the end of the term
6.1. Upon the breach of a party of any material term of this Agreement, the non-breaching party may terminate this Agreement if such breach has not been cured within thirty (30) days of written notice of such breach.
6.2. In the event that CUSTOMER terminates the within agreement for reasons other than as herein provided, at any time prior to the expiry of the Term, then in such an event, NSC (the non-terminating party) shall have the right to charge a termination fee to the terminating party at an amount of the average of the previous three (3) months bills, multiplied by three. CUSTOMER acknowledges that NSC will suffer damages if this Agreement is terminated prior to the expiry of the Term or any renewal term as the case may be and that the aforementioned payment is a genuine pre-estimate of liquidated damages that the non-terminating party will suffer and not a penalty.
6.3. The termination or expiration of this Agreement shall not affect any rights of either party with respect to any breach of this Agreement. Which arose prior to such expiration or early termination hereof.
6.4. Upon the expiration or termination of this Agreement, each party shall pay to the other the amount of any outstanding credit in favor of or other amounts due the other, net of any amounts due such party from the other.
6.5. NSC provides the services on a "Final Sale" basis with no exchanges or refunds for any reason whatsoever.
7. Invoice Payment
7.1. The Monthly Customers will have their Credit card charged on the subscription date each month for the full amount of charges as spelled out in Schedule A and Schedule B, NSC does not accept Checks on Monthly subscriptions.
7.1. a Customers that are invoiced on a quarterly basis or three (3) month basis must pay the invoice in 15 day. Either by Credit Card or check sent to NSC’s address on the Invoice.
7.1.b Customers that have not paid the full invoice amount within 10 days of the due date are charged at ($35) thirty five dollar late fee.
7.1.c Invoices are considered paid when the check clears the bank.
7.1.d All customers can pay a invoice by faxing a copy to 206-984-4220 If they initial the correct blank on the online Payment form they are Authorizing the National Support Center to Start on that date to begin deductions from the financial institution designated on the faxed check document, and apply the payment toward their National Support Center account. The Customer's bank will debit my checking account for the amount of any Automatic Bill Payment Service request drawn on my account and make payable to the order of the National Support Center. Please withdraw my bill charges each month on the due date of the bill or 4 days after the bill date. It is my responsibility to update my Authority record by submitting a new authorization agreement for any changes in my financial institution, routing number or account number. If the Customer chooses to cancel this agreement, The Customer must submit a request to the National Support Center in writing via mail, fax, e-mail, or online and indicate a termination date. I understand that this agreement will automatically terminate if funds are not available for draft on three (3) occasions within a twelve (12) month period.
The Customer understands that a returned payment fee will be charged to my Authority account for each returned item. I further understand that any disputed bill charges must be communicated to the Customer Service Department within 10 days of the bill date in order to cancel the scheduled bank draft for that month. See the option on the Concierge Form at http://www.support-center.com/Concierge.html
7.2. Until CUSTOMER pays NSC in full for the Services purchased, NSC retains a security interest in and security title to those Services. CUSTOMER shall provide NSC with sales tax identification and appropriate credit information on a periodic basis. Payments shall be made without deductions for any taxes or other withholding, unless required by law and NSC has been notified as to such requirement in advance. All payments shall be made in United States currency and will be deemed made when received by NSC at its headquarters as indicated in the first paragraph on the first page of this agreement.
7.3. If a new CUSTOMER does not send the Payment for the first invoice within 20 days of the National Support Center sending the first invoice then the CUSTOMER IS charged a $35 Resources Fee for every 30 days Period.
7.4. If CUSTOMER fails to make full payment required here-under within ten (10) days after the date on which such payment becomes due NSC at it’s discretion may cut off all services until payment is received in certified funds at NSC’s address as indicated in the first paragraph on the first page of this agreement.
7.4.1 If customer wants to cancel the service, a email notice to Legal@support-center.com 30 days in advance is required.
7.4.2. If CUSTOMER cancels the service without proper 30 day notice or just reason there is a $500.00 charge Due from CUSTOMER.
Compliance with Laws
You may not use our services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulations.
You may not use our services for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another person/businesses privacy, harmful, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another. You may not directly or indirectly, interfere or attempt to interfere with the proper working of our Call Center operations, or manual process to monitor or copy our web pages or the content on our website without our prior expressed written permission.
Furthermore, you agree to not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, use or disclose any information you obtain from us if such information is confidential, conduct fraud, hide or attempt to hide your identity, represent yourself as someone else or use a false email address.
8. Other Terms and Provisions
8.1. This Agreement contains all the agreements, understandings, representations, conditions, warranties and covenants between the parties and constitutes the sole and entire Agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior communications or agreements, written or oral, pertaining to all or any part of such subject matter. This Agreement shall be modified only by written agreement duly executed by persons authorized to execute agreements on their behalf, No terms or conditions in any written order form that vary from, or add to, the terms and conditions of this Agreement shall be of any force and effect. Whether or not NSC signs the order form or otherwise indicates it acceptance. The person authorized to execute agreements for NSC is Ronald Johnson, President.
8.2. Onsite support of the Hotels Network is available from NSC, at the rate of $95 per hour. This is not covered by the $1 per room program.
8.3 Nothing contained herein shall be deemed or construed as creating a joint venture or partnership between NSC and CUSTOMER. Neither CUSTOMER nor NSC is by virtue of this Agreement authorized as an agent or other representative of the other. No commitment made by CUSTOMER to any third party shall be binding on NSC.
8.3. The Provisions of this Agreement are sever-able and the invalidity or unenforceable of any one or more provisions shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect.
8.4. Arbitration. Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration, conducted on a confidential basis, under the then current Commercial Arbitration Rules the American Arbitration Association (the “Association”) strictly in accordance with the terms of this Agreement and the substantive law of the State of South Carolina. The arbitration shall be held at a mutually agreeable location in Richland County, South Carolina and conducted by one (1) arbitrator chosen from a list of attorneys or judges who are members of the Association’s commercial arbitration panel and are knowledgeable about the software and electronic commerce industries within thirty (30) days of the dispute. If the parties cannot within thirty (30) days after the expiration of such thirty (30) day period, agree on the selection of the arbitrator, the arbitrator will be chosen pursuant to the Commercial Arbitration Rules of the Association. The parties to the dispute shall share the costs of the arbitration, including the fees to be paid to the arbitrator, equally. The judgment upon the award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction. Neither party shall be precluded hereby from seeking equitable remedies in any court having jurisdiction hereof including, but not limited to, temporary restraining orders and preliminary injunctions, to protect its rights and interest, but such shall not be sought as a means to avoid or stay arbitration. The arbitrator shall not award any consequential, incidental, punitive, or exemplary damages. The parties acknowledge that they have voluntarily agreed to arbitrate their disputes in accordance with the foregoing and each party hereby irrevocably waives any damages in excess of compensatory damages.
that any and all litigation in any way related to this agreement shall take place with in the State of South Carolina.
8.5. CUSTOMER shall not assign this Agreement or its rights under Agreement with the prior written consent of NSC. Any attempt to make such an assignment with out NSC's consent shall be void. Consent will not be unreasonably withheld.
8.6. This service will be provided to CUSTOMER guest in the United States and Canada Locations only. In English only. Other languages at extra charge.
8.7. NSC will make no guarantees as incoming call conditions may change beyond NSC control.
8.8. CUSTOMER and NSC agree that a failure or delay in exercising any right, power, or privilege under this Agreement on the part of either party shall not operate as a waiver of any right, power, or privilege under the Agreement. CUSTOMER and NSC also agree that no single or partial exercise or any right under this Agreement shall preclude further exercise of that right.
8.9 The Gateway that is sold by the National Support Center Inc has a software component that is installed and is based on “Use License”. The license gives the client the right to use the log in system as long as the client subscribed to Authentication system. The Gateway/Log in system is Licensed and not designed for use with any other Authentication server except the NSC Authentication server. The license will be deactivated in the event the customer decides to un-subscribe. Once the license is de-activated, the login system will not work
9. Right of refusal. NSC shall have the right to refuse service to any caller who demonstrates their inability or refusal to follow simple instructions abuses NSC technicians, or for any other reasonable cause. 10. Toll free Phone numbers The Toll-Free phone numbers if provided to CUSTOMER by NSC are the property of NSC. Upon termination of this agreement NSC agrees to make reasonable efforts to transfer use of said phone number to CUSTOMER provided all NSC invoices are paid in full. 11. CUSTOMER Provided Resources 11.1. The CUSTOMER will provide NSC with a complete set of material including the software, and directions for use provide to the Customer’s guest. NSC will perform support-ability test on such material and/or methods. If the provided material and/or methods is not approved by NSC. A list of the changes that must be made will be provided to the CUSTOMER. If such changes have not been cured within thirty (30) days of written notice of such NSC may at its discretion terminate this Agreement 11.2. The CUSTOMER must provide NSC with a 24 hour 7 day a week contact(s) to resolve technical problems with the Customer’s network and system 11.3. CUSTOMER must provide NSC Notifications of planned outages of the web site or download capability in advance to prevent unnecessary call volume increases. 12. Initiating a Trouble Call To initiate a trouble call CUSTOMER’s Subscriber will: 1) Contact NSC analysts via provided telephone number or Chat facilities provided by NSC. 2) Provide NSC analyst with name, address, telephone number, equipment, user id, e-mail address, operating system, and web browser type.
3) Provide NSC analyst with a description of problem, its priority, and potential mission impact.
4) Have any necessary software disk in their possession.
5) Work with NSC analysts during troubleshooting process, as needed.
10.0. Installation Canceled
If an installation is cancelled or aborted, a fee will be assessed per the following schedule:
- Cancellation 9-14 business days prior to install: 25% of Installation Fees
- Cancellation 3-8 business days prior to install: 50% of Installation Fees
- Cancellation less than 3 business days prior to install: 75% of Installation Fees
- Install aborted once NSC is on-site: 100% of Installation Fees
10.1.0 Any and all Equipment returned to the National Support Center Inc. for whatever reason the customer is charged a fee of $200 to restock the equipment.
11.0 Property Obligations
Verify that all hardware to be installed and confirm hardware is on site at least 24 hours prior to PROPERTY tech arriving for install.
11.1. Provide qualified support during the scheduled times of all On-site Installation Services to the NSC Field Service group, including an on-site decision maker whose signature PROPERTY will accept on the acceptance form.
11.2. Ensure electrical requirements have been met, and that the hardware provided can be safely mounted.
11.3. In cities or states where conduit is required, conduit must be in place and available prior to running low-voltage cable. If conduit is not in place, a licensed electrician must install prior to our running cable.
11.4. Prior to installation, ensure site has internet connectivity and provide all IP addresses and all other information needed for internet connection.
11.5. Ensure that all NSC Queries are responded to within 15 minutes by a human, fluent in English. “Query” includes but is not limited to technical support, connectivity check, or requests for software necessary to carry out installation per installation documentation. Time spent waiting for a response in excess of 30 minutes will be billable as wait time.
12.0.Out of Scope
Out of Scope Work is work requested by the Property that is not outlined in schedule A or schedule B, or schedule C Unless price is clearly indicated in schedule A or schedule B, or schedule C
- All Out of Scope work, including but not limited to what is specifically defined in this section, is billed at $105.00 per hour plus any travel expenses incurred.
- This may include, but is not limited to:
- Any work related to technologies not included in this scope
- If it is necessary for NSC to acquire hardware in order to complete the services, the cost of this hardware plus a 20% margin will be billed to PROPERTY; the time and travel required to obtain the hardware will be billed at the out of scope rate
- Any construction, addition, modification or alteration not specifically identified in this scope and required for successful completion of services is out of scope. Activities contemplated by this provision include but are not limited to installation of UnNSCrut, threaded rods, pipes, wood reinforcement, studs, and metal framing
- Shipping is out of scope; if NSC is required to ship any parts, NSC will bill Property for the shipment at UPS.com published rates (unless provided a shipping label by Property). Time required to package, drop off, or pick up parts will be billed at the out of scope rate.
- If NSC encounters a situation where, for reasons not attributable to NSC, NSC is unable to complete the services (including missing equipment or out-of-box failure, or site electrical or connectivity issues), NSC will perform as much of the work as it can for the full cost of the original order. NSC will then return to the site at a later date to complete the services. Return trips are billed at the out of scope rate, portal to portal, plus actual travel from the closest dispatch point. The amount billed for a return trip will not exceed the original install price.
- Wait time, which occurs when NSC personnel have completed all possible tasks and are at a standstill until issues beyond NSC’s control are resolved. NSC will contact Property when wait time appears imminent and Property will have 30 minutes to remedy before wait time will be billed. Includes, but is not limited to:
- Electrical or connectivity remediation issues
- An inability of NSC to access the site at the scheduled date and time
- Site contact cannot be located to allow access, direct NSC to equipment, or perform any other duties as noted in this Statement of Work
- Equipment was not shipped to site, that was the responsibility of PROPERTY or one of its other vendors', and must be sourced to complete the services
- Time spent after services has been completed but before acceptance form is signed by site contact
- Should NSC be required to pull permits NSC will bill for the actual cost of the permit as well as a $125.00 labor charge Other Fees
13.1. Onsite Service Warranty
NSC warrants, for 30 days from the date of services, that all services performed under this Scope of Work will be performed in a good and workmanlike manner. NSC’s liability under this Scope of Work, and property’s exclusive remedy for damages due to performance or nonperformance under this Scope of Work, and regardless of the form of action, is limited to corrections and adjustment of the services that do not comply with this warranty. All other warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose, are excluded. NSC makes no warranty against uninterrupted operation of hardware or software or against business loss, and is under no obligation to indemnify PROPERTY for such loss. This limited warranty and limitation of liability are a reflection of the risks assumed by the parties in order to obtain the services provided under this Scope of Work at the agreed-upon cost.
14.0.THE SERVICES ARE BEING PROVIDED TO CUSTOMER "AS IS" WITHOUT WARRANTY OF ANY KIND. NSC DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NSC SHALL HAVE NO LIABILITY TO RE-SELLER OR CLIENTS OR ANY OTHER PERSON FOR ANY CLAIM, LOSS. OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY INCIDENTAL, CONSEQUENTIAL, LOST PROFITS, LOSS OF BUSINESS, OR OTHER ECONOMIC DAMAGE, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE DISTRIBUTION OR USE OF THE SERVICES.
Our Guest Support is set by the Estimate that has been sent to the Hotel/Resort
standard charge is $1 per room per month
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Invoices are delivered free via email
Deliver of Invoice via USPS ...................................................................................................... $1.50 per invoice
Schedule B Monthly Fixed Charges:
Per Room Tech Support fee .............................................................................................................. $1.00
Per Network, Network Monitoring fee ............................................................................................ $45.00
Schedule C Services Pricing:
- Site Surveys - $245.00/site
- Install Gateway, test signal strength and assign A/Ps - $ 460.00/site
- Travel is including in pricing up to a 75 mile radius of any of our published dispatch points listed below. Any travel beyond the 75 mile radius may incur an additional fee of $1/mile.
- If installing A/Ps only on the current switch/modem/network, the first A/P will be charges at· $230.00 and each additional A/P will be charged $45.00/per device.
- If it is determined new Access Points are to be added to the network, these will be done on a return trip
- Additional wired Access Points if needed - $135.00 per Cat5 run, includes mounting A/P and· adding to the network. Price includes cable run up to 75’. Any run exceeding 75’ will be billed at $1.12 per ft.· Travel will be billed at $55 for up to 75 miles round-trip and $1/mile beyond 75 miles
- Pricing is based on technician being able to install A/P’s with a six foot ladder. If a lift is required, there will be an additional charge for the rental of the lift plus a $50 project management fee for arranging lift delivery and pickup
- Travel is based on NSC’s dispatch points, listed in Schedule D
Schedule D Dispatch Cities