Effective Date: September 26, 2025
Nickel Ideal Tek Inc. (“Company,” “we,” “our,” or “us”) provides services subject to the following Terms of Service (“Terms”). By engaging our services in any form (including but not limited to requests made by phone, text, email, or online ticket), you (“Client,” “you,” or “your”) agree to these Terms.
1. Services Provided
We provide IT support, consulting, managed services, and related technology solutions as requested or contracted. Service scope may include but is not limited to system administration, cybersecurity, network configuration, backup management, and troubleshooting.
2. Engagement of Services
Clients may engage us on either:
- A Managed Services Agreement (MSA), governed by a signed contract; or
- A Break/Fix basis, governed solely by these Terms of Service.
In the absence of a signed MSA, all services are considered Break/Fix services and are bound by these Terms.
3. Acceptance of Terms
By requesting or receiving services from us, you confirm that you have reviewed and accept these Terms. These Terms are referenced on all invoices and are publicly available at https://www.nickelgrp.com/terms-of-service/.
4. Subcontractors
We may subcontract some services to third parties. Any third-party terms and conditions relevant to the services are incorporated by reference into this agreement. Subcontractors are granted access only as necessary and under controlled conditions.
5. Client Responsibilities
Clients are responsible for:
- Maintaining cyber insurance;
- Ensuring valid software licensing;
- Retaining and securing all passwords;
- Maintaining manufacturer warranties on mission-critical hardware;
- Making final decisions on any recommendations provided by us.
6. Service Rates
All services are billed at the current hourly rates in effect at the time of service, unless otherwise agreed to in writing.
- Standard Rate: Services during business hours (Monday–Friday, 8:00 AM–5:00 PM Central, excluding holidays) are billed at the standard hourly rate shown on invoices and statements of work.
- On-Site Minimum: On-site services are subject to a 90-minute minimum charge. Travel within Harris County, and up to 25 driving miles beyond the Harris County border, is included in this minimum.
- Travel Beyond Coverage Area: For service locations outside the Harris County + 25-mile zone, both mileage (billed at the IRS-published mileage reimbursement rate in effect at the time of service) and travel time (billed at the applicable hourly rate) are chargeable in addition to service time.
- After-Hours Rate: Services outside business hours are billed at one and one-half (1.5x) the standard hourly rate, with a minimum charge of three (3) hours.
- Holiday Rate: Services on published holidays are billed at twice (2x) the standard hourly rate, with a minimum charge of three (3) hours.
- Billing Increments: All time, whether remote or on-site, is billed in quarter-hour (15-minute) increments after the applicable minimums.
- Authorization: By requesting service, including after-hours or holiday work, the Client agrees to these rates and minimums, regardless of whether a signed agreement exists.
Current standard rates are always available on invoices, quotes, and upon request.
7. Billing & Payment
Invoices are due upon receipt unless otherwise stated. Late fees of 2.5% compounded monthly apply to unpaid balances beginning on the 31st day after the invoice date. We reserve the right to suspend services for non-payment.
8. Service Hours
Standard business hours are Monday–Friday, 8:00 AM–5:00 PM Central Time, excluding published holidays. All services requested or performed outside these hours are considered after-hours services and billed at the rates and minimums described in Section 6.
9. Remote Access & Security
We use remote access tools to provide services. While we employ best practices to secure access, these tools could be misused by malicious actors. We are not responsible for damages arising from unauthorized use.
10. Cybersecurity & Limitations
We offer cybersecurity monitoring and threat detection but do not guarantee that interruptions, breaches, or financial losses will not occur.
11. Confidentiality
Both parties agree to protect confidential information from disclosure unless legally required.
12. Non-Solicitation / Anti-Poaching
Clients may not hire or attempt to hire our employees directly during or within twelve (12) months after the relationship without compensation to Nickel Ideal Tek Inc.
13. Prohibited Activities
We will not engage in any illegal, fraudulent, or unethical activity. Requests for such activities will result in immediate termination of services, and all outstanding amounts under contract or statement of work will become due immediately.
14. Limitation of Liability
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, NICKEL IDEAL TEK INC. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BACKUP FAILURES, INCOMPLETE BACKUPS, HARDWARE OR SOFTWARE FAILURES, PROFITS, OR BUSINESS INTERRUPTION.
OUR TOTAL LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE LESSER OF (A) FEES PAID BY THE CLIENT IN THE SIX (6) MONTHS PRIOR TO THE CLAIM, OR (B) THIRTY THOUSAND DOLLARS ($30,000).
15. Backup Services
Nickel Ideal Tek Inc. provides backup services through third-party providers. While we implement industry best practices, all backup systems are subject to potential failure, and the Company does not guarantee that data will always be recoverable.
Causes of Backup Failure
Backups may fail or become incomplete due to, but not limited to, the following:
- Client systems being offline, powered down, or disconnected.
- Network outages, bandwidth limitations, or misconfigurations.
- Hardware failures (servers, drives, storage devices, or backup appliances).
- Software conflicts, bugs, or configuration errors.
- Operating system corruption or update errors.
- Incomplete file system access or locked files during backup.
- Human error, accidental deletion, or mismanagement of backup settings.
- Viruses, ransomware, or other malicious software interfering with backup operations.
- Unauthorized access or malicious actors compromising systems or backup environments.
- Insufficient storage space on local or cloud backup repositories.
- Vendor or third-party service disruptions, outages, or policy changes.
- Force majeure events, such as power loss, fire, flood, or other disasters.
Client Responsibilities
- Testing: Unless a separate written agreement is in place with Nickel Ideal Tek Inc. to perform test restores, the Client is solely responsible for testing and verifying backups.
- Notifications: Nickel Ideal Tek Inc. will attempt to promptly address reported or monitored backup failures. Actions taken to diagnose or remediate failed backups are billable activities unless otherwise covered under a managed services agreement.
- Retention Policies: Clients are responsible for ensuring that chosen backup solutions and retention schedules meet their business, regulatory, and compliance requirements.
16. Data Collection & Privacy
We collect and use data in accordance with our Privacy Policy, available on our website.
17. Termination
Either party may terminate services at any time. Termination does not relieve the Client of payment obligations for services rendered.
18. Severability
If any provision of these Terms is held invalid, the remainder shall continue in full force and effect.
19. Dispute Resolution & Arbitration
Any dispute arising under or in connection with these Terms shall be resolved by binding arbitration in Houston, Texas, in accordance with the Texas Arbitration Act. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
20. Governing Law
These Terms are governed by the laws of the State of Texas.
Contact Information
Nickel Ideal Tek Inc.
18323 Longmoor Dr, Houston, TX 77084
Phone: 281-255-9278
Email: [email protected]
