THIS ELECTRONIC SERVICE AGREEMENT (the “Agreement”) is made effective as of the date of electronic acceptance by the Client (the “Effective Date”),
BETWEEN:
Manaswini IT Solutions (Proprietorship), operating under the domain www.20itservices.com, having its principal place of business at [MITS,Roongta business point,8th floor,shop no-814,trimurti chowk,durga nagar kamatwade road,Nashik, Maharashtra,India] (hereinafter referred to as “Service Provider,” “Manaswini IT Solution,” “20ITServices,” or).
“We” AND The Client, electronically accepting these terms and conditions “You”
WHEREAS, the Service Provider offers Annual Maintenance Contract (AMC) services on a virtual assistance basis for various IT-related needs;
WHEREAS, the Client desires to engage the Service Provider for such AMC services;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:
- AMC (Annual Maintenance Contract): A service agreement between the Client and Service Provider for maintenance and support services for specified IT systems or software for a period of one (1) year.
- Virtual Assistance: Services provided remotely by the Service Provider without requiring physical presence at the Client’s location, typically via remote desktop access, WhatsApp video call, email, or telephone.
- Service Request: A formal request made by the Client to the Service Provider for support or assistance covered under this Agreement.
- Covered Systems/Software: The specific IT systems, software, or components mutually agreed upon and specified in the Service Description (Exhibit A) that are eligible for services under this AMC.
Downtime: is any period during which a Covered System or Software is not fully operational or accessible due to a fault covered by this Agreement.
Upon notification of a fault, we will make every effort to begin our primary assessment on the same day. If a same-day assessment is not possible, we will schedule a mutual discussion with you to check the system on the next business day. This does not include holidays or weekends unless otherwise agreed upon.
It is understood that our responsibility is limited to providing a primary assessment and offering consultation-level guidance to help resolve the problem. We are not responsible for any issues that require a physical presence, the complete repair or replacement of a damaged system, or any liabiliies that arise from the fault. Our role is strictly consultative.
2.1. General Services: The Service Provider agrees to provide the AMC services as described in Exhibit A (Service Description) attached hereto and incorporated by reference. These services will be delivered primarily via virtual assistance.
2.2. Service Inclusions: Typical services may include, but are not limited to: * Remote technical support and troubleshooting for Covered Systems/Software. * Assistance with 20 IT recurring issues with specified in Exhibit A. * * Guidance on IT product in market trending and price . * Scheduled checks when complaint log by client for that system which is under AMC include base on MAC id of that system (if specified in Exhibit A).
2.3. Service Exclusions: Unless explicitly stated in Exhibit A, the following are generally excluded from this AMC: * Replacement or repair of hardware components. * On-site support or physical visits. * Resolving issues caused by third-party software not covered under Exhibit A, unauthorized modifications, misuse, accidents, or acts of God. * Data recovery services (beyond best-effort troubleshooting). * Major upgrades or migrations of operating systems or core applications (unless separately quoted and agreed). * Training on software usage.
2.4. Service Hours: Services will be provided during the Service Provider’s standard business hours, which are [Your Business Hours, e.g., Monday to Saturday, 9:30 AM to 6:30 PM IST], excluding public holidays in [Nashik/India].
Emergency support outside these hours may be available at an additional fee, as specified in Exhibit B (Pricing).
2.5. Response Times: The Service Provider will endeavour to respond to Service Requests within 4-8 business hours during standard service hours. Resolution times may vary depending on the complexity of the issue.
3.1. Access: The Client shall provide the Service Provider with necessary remote access credentials, permissions, and information required to perform the services. The Client acknowledges and agrees that failure to provide timely and adequate access may delay or prevent the provision of services.( It means “If you don’t give us what we need, when we need it, we might not be able to do the work, and that’s not our fault.”)
3.2. Data Backup: The Client is solely responsible for regularly backing up all critical data and information. The Service Provider shall not be held liable for any data loss, corruption, or compromise, regardless of the cause.
3.3. Cooperation: The Client agrees to cooperate fully with the Service Provider, including providing accurate and complete information regarding issues, making necessary personnel available, and following instructions to facilitate service delivery.
3.4. Fair Usage: The Client agrees to use the AMC services fairly and reasonably. Excessive or abusive usage of the services, as determined solely by the Service Provider, may result in additional charges or termination of the Agreement. (it means, the client must use the services fairly. If the service provider decides the usage is excessive or abusive, they can charge extra or end the contract.)
3.5. Legality: The Client warrants that all software, systems, and data on which the Service Provider is asked to perform services are legally licensed and that the Client has the full right to authorize such services.
4.1. Term: This Agreement shall commence on the Effective Date and shall continue for a period of one (1) year ([2025-08-29]) (the “Initial Term”), unless terminated earlier in accordance with this Agreement
4.2. Renewal: This Agreement will automatically renew for successive one-year periods (each a “Renewal Term”) unless either party gives written notice of non-renewal at least 30 days prior to the end of the then-current Term. We will proactively contact you to discuss renewal options before the end of your term.
4.3. Termination for Cause: Either party can end this agreement immediately with a written notice if the other party:
- Breaks a major rule and fails to fix the problem within 15 days after being told to.
- Goes bankrupt or becomes unable to pay its debts.
4.4. Termination for Convenience (Client): The Client may terminate this Agreement for convenience at any time by providing 30 days’ written notice to the Service Provider. In such cases, any pre-paid fees are non-refundable.
4.5. Effect of Termination: Upon termination of this Agreement for any reason: * The Service Provider shall cease providing services. * The Client shall immediately pay all outstanding fees due up to the effective date of termination. * Sections relating to Confidentiality, Limitation of Liability, Indemnification, and Governing Law shall survive termination.
5.1. Fees: The Client shall pay the Service Provider the AMC fees and any other applicable charges as set forth in Exhibit B (Pricing) attached hereto and incorporated by reference.
5.2. Payment Terms: Fees shall be paid annually in advance,six-month in advance starting from the Effective Date. Invoices for any additional services outside the AMC scope will be issued separately and are due within 7 days of the invoice date.
5.3. Late Payments: Any undisputed amounts not paid by the due date shall be subject to a late payment charge of 1% per month or the maximum rate permitted by law, whichever is lower, calculated from the due date until paid in full.
5.4. Taxes: All fees are exclusive of any applicable taxes (e.g., GST/VAT, sales tax), which shall be borne by the Client.
Both parties agree to keep confidential all non-public information, including but not limited to business plans, financial information, client data, technical data, and trade secrets (“Confidential Information”) disclosed by one party to the other. Confidential Information shall not be disclosed to any third party without the disclosing party’s prior written consent, nor used for any purpose other than fulfilling the obligations under this Agreement. This obligation shall survive the termination of this Agreement.
7.1. Security Measures: The Service Provider will implement reasonable technical and organizational measures to protect Client data accessed during the provision of services against unauthorized access, disclosure, alteration, or destruction.
7.2. Privacy Policy: The Service Provider’s privacy practices are further governed by its Privacy Policy available on www.20itservices.com/privacy-policy ([Link to your Privacy Policy]), which the Client acknowledges having read and accepted.
Link to your Privacy Policy :-Privacy and Scope of Services
(The privacy practices of the Service Provider, www.20itservices.com, are governed by its Privacy Policy.
Our services are limited to resolving recurring issues by providing remote assistance. If a problem cannot be solved remotely, we are not responsible for providing an on-site solution.)
7.3. Compliance: Both parties shall comply with all applicable data protection and privacy laws and regulations.
8.1. Exclusion of Damages: To the maximum extent permitted by applicable law, in no event shall the service provider, its affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to this agreement or the use of, or inability to use, the services.
8.2. Cap on Liability: The service provider’s total cumulative liability to the client for any and all claims arising out of or in connection with this agreement or the services, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the total fees paid by the client to the service provider under this agreement during the [number, e.g., twelve (12)] months immediately preceding the event giving rise to the claim.
8.3. No Warranty: The service provider does not warrant that the services will be uninterrupted or error-free. The services are provided “as is” and “as available” without any express or implied warranties of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
The Client agrees to indemnify, defend, and hold harmless the Service Provider, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) the Client’s breach of any term of this Agreement; (b) the Client’s use of the services; (c) any third-party claims arising from the Client’s data or systems; or (d) the Client’s negligence or willful misconduct.
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
11.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Maharashtra, India] without regard to its conflict of laws principles.
11.2. Amicable Resolution: The parties agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to this Agreement through good faith negotiations.
11.3. Jurisdiction: If amicable resolution is not achieved, the parties agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts located in [Nashik, Maharashtra, India], and the parties hereby consent to the personal jurisdiction of such courts.
By clicking “I Agree,” “Accept,” or any similar button or checkbox, or by accessing or using the services, the Client acknowledges that they have read, understood, and agree to be bound by all terms and conditions of this Agreement. This electronic acceptance constitutes a legally binding signature.
This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the Service Provider and the Client with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, or representations, whether written or oral.
No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties, or electronically agreed upon by both parties. The Service Provider reserves the right to update or modify these terms at any time; however, any such changes will not apply retrospectively to already paid AMC periods without explicit agreement from the Client.
For any questions regarding this Agreement or the services, please contact:
Manaswini IT Solution Email: mitsnashik@gmail.com Website: www.20itservices.com
(To be filled by Manaswini IT Solution)
1. Covered Systems/Software:
- [List specific operating systems, e.g., Windows 7,8,XP,10,11, versions
- List specific software applications, e.g., Microsoft Office Suite
- Describe type of devices, e.g., up to 1 desktop computer or 1 laptop per AMC
- Detailed Inclusions (Specific tasks covered):
- remote or virtually systems IT issue checkups of computer or laptop.
- 20 times 1 PC/Laptop in a year incidents assistance or virtual checkups.
- List of 20 IT recurring issue
3. Service Level Agreement (SLA) – if more detailed:
Our commitment is to provide a timely response to your requests to help identify and troubleshoot issues. All response times are measured from the moment you properly report an issue through our designated channels.
Critical Issues (e.g., system down, complete loss of data access):
- Initial Response: We will respond within 2 hours to begin the remote diagnosis.
Non-Critical Issues (e.g., single-user software problem, slow performance):
- Initial Response: We will respond within 4 business hours to begin the remote diagnosis.
Please note that our service is limited to remote diagnosis and guidance. Final resolution times depend on the client’s implementation of our recommendations. Our role is to assist in identifying the problem, not to perform physical repairs or on-site service.
This document outlines the scope of services provided by MITS under domain www.20itservices.com (the “Service Provider”) under the terms of the Agreement.
1. Scope of Services
The Service Provider offers remote technical support and assistance services. Our primary goal is to provide a swift and accurate diagnosis of IT issues and to guide the Client in resolving them. Our services are limited to the following:
- Remote Diagnostics: We will use remote access tools to perform a primary check-up and identify the root cause of the issue.
- Troubleshooting Assistance: We will provide real-time guidance and instructions to the Client to help them troubleshoot and resolve recurring issues. This includes step-by-step instructions via phone, chat, or a whatspp video call.
- Software-level Support: Our support is focused on software and system-level issues that can be resolved without a physical presence.
2. Services Excluded from this Agreement
The following services are explicitly excluded from this Agreement and are not covered under the provided fee:
- On-Site Service: Physical presence at the Client’s location.
- Hardware Repair or Replacement: Any service related to the physical repair or replacement of hardware components (e.g., computers, servers, networking devices, printers, etc.).
- System Rebuilding: Rebuilding a fully damaged or non-functional system from scratch.
- Third-Party Software/Vendor Support: We will not directly resolve issues with third-party software or vendors. Our role is limited to providing guidance on how the Client can engage with these parties.
3. Service Delivery
All services will be delivered through remote and digital means, including but not limited to:
- Phone support
- Remote access software
- Email communication
- Whatspp video call support
- Expert IT consultation
The Service Provider will not be responsible for any delays caused by the Client’s failure to provide timely and adequate remote access to the affected systems.
Manaswini IT Solutions (Proprietorship),
Operating under the domain www.20itservices.com
- AMC Fee: INR 365/- per year per device.
- Payment Frequency: Annually in advance
- Services Outside AMC Scope (Hourly Rate): outside AMC scope are not covered. Please contact us for a separate quote.
- Emergency Support (Outside Business Hours): outside AMC scope are not covered. Please contact us for a separate quote.
- Accepted Payment Methods: Bank Transfer, QR code payment.
If you have any questions or complaints regarding this Agreement, please contact us by email or regular mail at the following address:
Attention to: 20itservices.com or Manaswini IT Solutions
Address: Shop no 814, Roongta business point,Trimurti chowk,Durga nagar kamatwade road Nashik-422009.
Email: mitsnashik@gmail.com