Hardware as a Service (HaaS) Terms
(modified 9/5/2018)*
Scope of Agreement
There are three different components of the cost to implementing and running the HaaS solution.
a. Implementation – The cost to setup, configure, install application, install printers or other devices, etc. These costs may be included in the HaaS monthly cost or may be billed and executed separately.
b. Hardware – Actual hardware inclusive of manufacturer’s warranty. All hardware liability will be limited to the manufacturer’s warranty. Services are covered under a separate agreement.
c. Software and Operating Systems – Software that is provided by MIS under MIS’s licensing and installed and utilized on MIS-owned HaaS equipment. No services are included. Services are covered under a separate agreement.
Termination of Agreement
This contract is an integral part of the comprehensive ConstantCare agreement. It does not survive the ending or termination of the ConstantCare agreement but provides for options depending on the reasons for termination. The table below identifies the conditions and actions associated:
| Terminating Reason | Terminating Party | HaaS Agreement | CC Agreement |
|---|---|---|---|
| Client breach of CC terms | MIS | Client option – a) Pay Off and Relinquish Equipment to MIS or b) Pay Off and Client Retains Equipment | End agreement and Pay Off CC |
| Without Cause | MIS | Client option – a) Pay Off and Relinquish Equipment to MIS or b) Pay Off and Client Retains Equipment | End agreement, no penalty |
| MIS’s breach of CC terms | Client | Client option – a) Pay Off and Relinquish Equipment to MIS or b) Pay Off and Client Retains Equipment | End agreement, no penalty |
| HaaS term ends | HaaS contract | Pay Off and Relinquish Equipment to MIS | No impact |
| No CC contract, HaaS term automatically ends | CC Contract ends without renewal | Client option – a) Pay Off and Relinquish Equipment to MIS or b) Pay Off and Client Retains Equipment | End agreement per contract |
Pay Off and Relinquish Equipment to MIS
In order to complete the Pay Off, these are the steps required:
- Determine the number of unbilled months remaining on the HaaS addendum
- Calculate the Pay Off monthly rate by multiplying the standard monthly rate by 1.05
- MIS will invoice and client will pay unbilled balance for HaaS addendum as specified
- MIS will remove hardware
Pay Off and Client Retains Equipment
- Determine the number of unbilled months remaining on the HaaS addendum
- Calculate the Pay Off monthly rate by multiplying the standard monthly rate by 1.05
- MIS will invoice and client will pay unbilled balance for HaaS addendum as specified
- MIS will remove all software and operating system licenses that were installed on the equipment.
- Client will retain possession of the hardware
Excluded Services
Unless specified in Agreement Fee Calculations, any and all labor relating to equipment under this contract is excluded from this agreement. Some or all labor may be covered under a separate agreement. Examples of excluded items include but are not limited to:
- Implementation labor (if not otherwise included)
- Replacement labor
- Helpdesk services
- Monitoring and/or maintenance services
- Any on-site service required on the equipment
- Backup and/or restore of data
- Any labor or effort to restore a server or workstation to operable condition following a system loss
- Any Consumables (this includes such items as UPS or laptop batteries and toner cartridges)
*Date Change: Modified steps for “Pay Off and Client Retains Equipment” due to 9/5/2018 Microsoft Partner agreement changes to License Assignment & Reassignment.
