Last Updated: October 29, 2024
1.1 Service Coverage: Davinci Technology Solutions provides Managed IT Services, including system monitoring, helpdesk support, strategic IT planning, IT infrastructure projects, and software development.
1.2 Applicable Agreements: These Terms of Use are incorporated into our Master Services Agreement (MSA) with clients and govern day-to-day operations, usage standards, service delivery expectations, and response times.
2.1 Core and Non-Core Hours:
2.1.1 Core Business Hours: Monday to Friday, 8:00 a.m. – 5:00 p.m. MST, excluding holidays.
2.1.2 Non-Core Hours: All hours outside of Core Business Hours, including weekends and holidays. Support during these hours may incur additional fees.
2.2 Incident Response Times:
| Priority Level | Core Business Hours | Non-Core Business Hours |
|---|---|---|
| Critical | 30 minutes | 60 minutes |
| High | 60 minutes | 120 minutes |
| Medium | 120 minutes | Next business day |
| Low | 120 minutes | Next business day |
2.3 Resolution Times: Response times are based on the priority of the incident as outlined above, while resolution times vary based on incident complexity, resource availability, and required remediation.
3.1 Managed IT Services and Helpdesk Support
3.1.1 Helpdesk Usage: Clients may contact the helpdesk via phone, email, or portal. Upon receiving a ticket, Davinci will categorize it based on ITIL-aligned definitions, at our discretion, into one of the following categories:
3.1.1.1 Incident: A disruption requiring immediate action.
3.1.1.2 Problem: A recurrent or systemic issue that requires further investigation.
3.1.1.3 Request: A user request for standard services, adjustments, or support tasks.
3.1.1.4 Question: An inquiry requiring guidance or clarification.
3.1.1.5 Information: A low-priority request or informational update requiring no immediate action.
3.1.2 Client Responsibilities: Clients are responsible for providing necessary access, resources, and cooperation to enable efficient troubleshooting, remediation, or completion of helpdesk support tasks.
3.2 IT Infrastructure Projects
3.2.1 Scope and Engagement: IT Infrastructure Projects include upgrades, replacements, integrations, and other improvements to client IT environments.
3.2.2 Change Orders: Change Orders are required whenever new information or circumstances arise that introduce risk to the original project plan. If adjustments are necessary, Davinci will issue a Change Order that clearly outlines the modifications to the original scope, timeline, or costs. Change Orders will:
3.2.2.1 Reference the original project contract.
3.2.2.2 Require formal sign-off from the client before implementation.
3.2.2.3 Supersede the original contract terms, incorporating any updated terms agreed upon in light of the new variables.
3.2.3 Client Approval: Clients are required to provide formal approval at critical stages, including:
3.2.3.1 Project initiation.
3.2.3.2 Acceptance of any Change Orders.
3.2.3.3 Final completion and acceptance of deliverables.
3.3 Software Development Projects
3.3.1 Scope and Usage: Software Development Projects include custom AI solutions, workflow automation, and integration development, with each project governed by a project-specific Statement of Work (SOW).
3.3.2 Client Collaboration: Active client collaboration is essential to project success. Clients agree to provide timely feedback, participate in testing phases, and review milestones as scheduled.
3.3.3 Intellectual Property:
3.3.3.1 Deliverable Ownership: The intellectual property (IP) rights of any code or software solution developed specifically for the client will transfer to the client upon project completion.
3.3.3.2 Retained Knowledge: While the client holds the IP of the final deliverables, Davinci retains the knowledge, skills, and processes gained during project development. Davinci reserves the right to apply this expertise in future projects or develop similar solutions using the general learnings acquired, without reusing specific client assets or proprietary configurations.
3.3.4 Maintenance and Updates: Post-project support may be provided under a separate agreement, or through our Managed IT Services if applicable.
4.1 Ticket Categorization: All helpdesk requests are classified as incidents, problems, requests, questions, or information, with response priorities based on category and impact.
4.2 Escalation Protocols: For incidents requiring specialized expertise or additional resources, tickets may be escalated to relevant teams. Clients will be informed of escalations and the expected timeline for resolution.
5.1 Out-of-Scope Services: Major infrastructure overhauls, new implementations not covered in project SOWs, and third-party software management are out of scope unless specified in an SOW. Out-of-scope requests may be managed as separate projects under unique terms.
6.1 Vendor Partnerships: Davinci may use third-party providers to support our services (e.g., cloud storage, software). While we liaise with vendors for continuity, Davinci is not liable for third-party outages.
7.1 Licensing Terms: Any software provided by Davinci is licensed, not sold, for use exclusively in connection with our services. Unauthorized modifications, reverse engineering, or redistribution is prohibited.
8.1 Client Security Responsibilities: Clients must follow recommended security protocols, including secure password management and access control, to help prevent unauthorized access.
8.2 Compliance: Davinci adheres to Canadian and U.S. data protection standards, and all personal information is handled according to PIPEDA and relevant laws.
9.1 Policy Updates: Davinci reserves the right to update these Terms of Use as required. Clients will receive a minimum 30 days’ notice of any significant updates.
10.1 Helpdesk Contact:
10.1.1 Phone: +1 (403) 245-9429
10.1.2 Email: support@davincitech.ca
10.1.3 Client Portal: https://support.davincitech.ca
