Common use of EXCLUSIONS FROM MANAGED SERVICES Clause in Contracts

EXCLUSIONS FROM MANAGED SERVICES. A. The following is a list of costs, expenses, charges or services explicitly excluded from the Managed Services listed in any MSA executed by Client. The below is not meant to constitute a complete list, and any cost, expense, charge, or service that is not specifically listed and explicitly included in an executed MSA is excluded from Managed Services by definition: ▪ Any parts, equipment, or hardware costs, fees or charges of any kind ▪ Any software, licensing, software assurance, renewal, or upgrade fees of any kind ▪ Any taxes of any kind ▪ Any shipping, handling, courier, or postage charges of any kind ▪ Any 3rd party vendor, OEM, or other manufacturer support fees or incident fees of any kind ▪ Any hardware/software and computer systems supported by a 3rd party vendor, OEM, or other manufacturer ▪ Any medical equipment ▪ Any premises wiring services (voice/data/video cabling) of any kind ▪ Training of any person in any context, unless otherwise specified ▪ Travel, travel time, gas or gas mileage, per diem or accommodations, when applicable, when visiting Client offices or any other third party site on Client’s behalf ▪ Any non-IT materials needed to provide services or requested by Client, including but not limited to office supplies or media ▪ Any type of service, repair, reconfiguration, maintenance or management occasioned or made necessary by the alteration of systems, devices, software or other resources, with or without administrative access to such resources, by anyone other than authorized ▇▇▇▇▇▇▇ Tech personnel. Includes any change or service occasioned by acts or omissions by the Client's own employees, principals, consultants, subcontractors, third party vendors, or any other third parties who may have or have had physical, logical or remote access to Client’s resources ▪ Maintenance of third party applications, software, software packages or add-ons, whether acquired through ▇▇▇▇▇▇▇ Tech or any other source. The only exception is software made or modified by ▇▇▇▇▇▇▇ Tech in order to provide managed services. ▪ Any software programming or scripting (creation or modification of software code) and program (software) maintenance ▪ Any work, project, service or support of any kind, whether one-time, periodic, or ongoing, that involves a new resource that was not present at the time an MSA is executed ▪ Any work that does not qualify as a service ticket with respect to restoring the normal functioning of the resources being managed as per an MSA, i.e. any work that does not involve proactive management, routine administration, or troubleshooting (whether client-prompted/requested or otherwise) malfunctioning or non-functioning systems or resources under management as per an MSA. Any such work is defined as a Project. Projects include but are not limited to re-configuring resources by client request, integrating with newly acquired/introduced hardware, software or networks, or with other formerly non-existent third party resources, or otherwise making changes to managed resources, when such configuration, integration or changes are not warranted nor necessary (a) to manage such resources, or, (b) to keep such resources in good working order. Such Projects are by definition not part of Managed Services, since Managed Services concern themselves with proactively managing, maintaining, troubleshooting, and keeping operational existing resources explicitly covered by an MSA.