1. Agreement
This Master Service Agreement ("Agreement") is entered into by and between Isolex Corporation, an Ohio corporation ("Isolex," "Provider," "Company"), and the purchasing entity or individual ("Customer," "Merchant," "Client").
By purchasing, ordering, subscribing to, activating, financing, leasing, or utilizing any service, equipment, software, monitoring, support, or infrastructure provided through noc.isolex.io, Customer agrees to be legally bound by this Agreement.
2. Acceptance of Terms
Customer acknowledges and agrees that any of the following constitutes acceptance of this Agreement:
- Online checkout
- Payment of an invoice
- Acceptance of a proposal or quote
- Submission of an order
- Service activation
- Installation scheduling
- Continued use of services
- Electronic signature
- Verbal authorization followed by service delivery
No separate physical signature is required for enforceability.
3. Services Covered
This Agreement applies to all products and services provided by Isolex, including managed networking, monitoring, administration, managed Wi-Fi, firewall and router management, structured cabling, wireless bridge deployments, security camera systems, VoIP systems, managed cloud services, managed software, configuration, installation, support, and consulting services.
All future equipment, software, infrastructure, and services deployed by Isolex during the term of service shall automatically become subject to this Agreement.
4. Initial Term
The Initial Term is required to recover deployment, engineering, installation, configuration, onboarding, project management, logistics, and support costs incurred by Isolex.
5. Early Termination Fee (ETF)
If Customer cancels service, disconnects service, requests removal of equipment, ceases payment, abandons service, or otherwise terminates service prior to completion of the Initial Term, Customer shall immediately become liable for an Early Termination Fee ("ETF").
The ETF shall equal the greater of:
For each managed device installed, configured, monitored, maintained, or supported by Isolex.
All remaining monthly recurring charges due through the remainder of the Initial Term.
The greater amount shall be due and payable immediately.
Managed devices include routers, firewalls, switches, wireless access points, wireless bridges, cameras, controllers, VoIP equipment, network appliances, software appliances, cloud-managed systems, and any other equipment deployed by Isolex.
Payment of the ETF does not transfer ownership of any equipment to Customer.
6. Equipment Ownership
Unless specifically identified in writing as Customer-owned equipment, all equipment supplied by Isolex remains the sole property of Isolex Corporation.
Customer receives only the right to use such equipment while maintaining active service. No ownership interest transfers to Customer unless expressly stated in a signed purchase agreement.
7. Equipment Return Requirements
Upon cancellation, termination, expiration, suspension, non-payment, or default, Customer shall return all Isolex-owned equipment within fifteen (15) calendar days.
Required returned items include routers, firewalls, switches, wireless access points, wireless bridges, VoIP phones, security cameras, controllers, mounting hardware, power supplies, PoE injectors, network appliances, and any equipment supplied by Isolex.
Customer shall provide reasonable access to allow Isolex to retrieve installed equipment. Failure to return equipment within fifteen (15) calendar days shall result in replacement charges based upon the current replacement value of each item, in addition to ETF, past due balances, collection costs, attorney fees, court costs, and labor charges.
8. Installation Cancellation Policy
Cancellation fee after installation has been scheduled.
Cancellation fee for short-notice cancellation.
Plus special-order equipment, shipping, permit, travel, and third-party contractor charges.
9. Isolex Responsibilities
- Professionally install and configure equipment.
- Maintain commercially reasonable support procedures.
- Provide remote troubleshooting assistance.
- Maintain deployment documentation when practical.
- Coordinate third-party vendors and subcontractors when necessary.
- Replace defective equipment covered by manufacturer warranty according to manufacturer procedures.
- Provide monitoring services for subscribed services.
- Make commercially reasonable efforts to restore service interruptions.
Isolex shall determine the methods, procedures, and technical standards used to provide services.
10. Customer Responsibilities
- Maintain active electrical service and internet connectivity.
- Provide safe access to equipment.
- Protect equipment from theft, abuse, misuse, vandalism, environmental damage, and unauthorized modifications.
- Promptly report service issues.
- Maintain current billing information.
- Pay invoices when due.
- Refrain from altering equipment configurations without authorization.
- Cooperate with troubleshooting and maintenance activities.
- Maintain required software licenses not provided by Isolex.
Customer shall be responsible for all damage caused by unauthorized modifications.
11. Service Level Agreement (SLA)
Support is provided on a commercially reasonable best-effort basis.
Standard support hours: Monday through Friday, 8:00 AM to 5:00 PM Customer local time, excluding holidays.
- Remote response target: Within two (2) business hours.
- Onsite response target: Next business day on a best-effort basis.
Response objectives are targets only and are not guaranteed service commitments. Isolex shall not be liable for delays caused by internet service providers, utility providers, manufacturers, shipping carriers, third-party vendors, customer access restrictions, severe weather, force majeure events, or circumstances beyond Isolex's reasonable control.
12. Exclusions
Unless specifically contracted in writing, services do not include electrical work, structural construction, building modifications, ISP outage remediation, utility outage remediation, data recovery, cybersecurity incident response, customer-owned equipment repairs, software development, or third-party software support.
13. Warranties
Isolex warrants installation labor for thirty (30) days following completion. Manufacturer warranties shall govern hardware warranty coverage. Isolex does not guarantee uninterrupted service availability.
14. Payment Terms
Invoices are due upon receipt unless otherwise stated. Late balances may accrue interest at the lesser of 1.5% per month or the maximum amount permitted by law. Isolex may suspend services for non-payment. Customer shall be responsible for collection costs, court costs, and reasonable attorney fees incurred in collecting unpaid balances.
15. Limitation of Liability
To the fullest extent permitted by law, Isolex shall not be liable for lost profits, lost revenue, business interruption, data loss, consequential damages, incidental damages, special damages, or indirect damages. Isolex's maximum liability shall not exceed the total amount paid by Customer during the twelve (12) months immediately preceding the claim.
16. Indemnification
Customer agrees to defend, indemnify, and hold harmless Isolex Corporation, its officers, employees, contractors, agents, and affiliates from claims, damages, losses, liabilities, costs, and expenses arising from Customer negligence, unauthorized modifications, misuse of equipment, violations of law, Customer network activity, or Customer data practices.
17. Governing Law
This Agreement shall be governed exclusively by the laws of the State of Ohio. Any legal action shall be brought exclusively in the courts located in Lucas County, Ohio.
18. Severability
If any provision of this Agreement is determined unenforceable, the remaining provisions shall remain in full force and effect.
19. Entire Agreement
This Agreement, together with any Statement of Work, Quote, Invoice, Order Form, Service Schedule, or Addendum, constitutes the entire agreement between the parties.
20. Electronic Acceptance
Customer acknowledges that electronic acceptance, payment, online ordering, service activation, or continued use of services constitutes legal acceptance of this Agreement. Customer further acknowledges that no physical signature is required for this Agreement to be binding and enforceable.