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Following are the terms of a computer service
contract between YOUR COMPANY hereafter
“Client”, and Network Computer Services,
hereafter “NCS”. Pursuant
to the Terms and Conditions set forth herein, NCS will provide on-site
remedial maintenance services to the Client for the Equipment described
in Exhibit "A" attached hereto, and the Customer agrees to
accept such maintenance services subject to the Terms and Conditions
stated herein. These Terms and Conditions are complete, and fully
represent the scope of their agreement. Customer agrees that this
Agreement, its exhibit(s), and mutually agreed upon written changes are
the complete and exclusive Statement of Agreement between the parties. 1.
The period of this contract is defined as 11/16/2001 through
11/15/2002. Client agrees to a purchase of our Gold
Service Agreement from NCS at $1800.00 per year. This is an
annual fee for priority service and timely response and specific other
services, stated herein and is not payment for work done. Service will
be charged at a reduced hourly rate of $65.00 per hour, and mileage may
be charged as is deemed. 2.
Services
will include: Gold Service
2.
Minimum charges
a. NCS has a 30 minute minimum time limit on most on-site calls,
no travel mileage charge for locations within 10 miles of NCS.
b. Service outside 10 miles will be billed $.33 per mile. Travel
time will not be charged to contracted clients.
b. NCS has a 30 minute minimum charge for all drop-off repair service.
c. Client agrees to use NCS on-site maintenance services on a monthly
basis and NCS agrees to provide services accordingly. 3.
Service provided under this contract is on-site & drop-off LABOR
only. a.
Computer equipment included under this contract includes all
workstations and components, printers, monitors, tape backup systems,
and other peripheral devices.
b. NCS agrees to respond to all requests within 12 business hours
of Client initial phone contact, commonly within 1 to 4
hours.
c. NCS routine service calls will be Monday through Friday and between
the hours of 8:30am and 4:30pm, unless otherwise agreed. Regular
business hours will be billed at $65.00 per hour.
d. After hours and weekend service will be available to contracted
clients only. Weekend or non business hours will be billed at
$75.00 per hour, if deemed necessary for emergency needs
e. Service to be provided includes testing, cleaning, adjusting, and
replacement of parts as required, to insure that all equipment is in
good working order.
f. Additional services which can be utilized in this contract, are
software training, software installation, hardware installation,
software programming, software development, general consulting, and
upgrades. 4.
The hardware cost of any new or replacement components associated with
cleaning, maintenance, or repairs of any computer equipment is not
included in the service contract. 5.
NCS will give Client an estimate of the cost of components and the
approximate number of service hours involved before performing any
repair service or upgrade. 6.
Costs incurred by Client for the repair or upgrade of computer equipment
will be documented through the use of NCS Service Reports. Client will
pay the cost of components in a timely manner after receiving an invoice
from NCS, in accordance with the terms of the invoice. 7.
Both Client and NCS have the option not to renew/cancel the service
contract following the expiration date of the contract period.
NCS shall have no liability for failure to fulfill its
obligations under this Agreement or for damages to Customer's equipment
due to: fire, explosion, labor disputes, water, acts of God; the
elements, war, civil disturbances, inability to secure raw materials;
transportation facilities, fuel or energy shortages; acts or omissions
of communications carriers; failure to follow NCS installation,
operation or maintenance 8.
NCS reserves the right to inspect all equipment to ensure that it is in
good operating condition. NCS will provide an estimate of tbe cost to
return any equipment to good operational condition. If Customer chooses
to have these repairs performed by someone other them NCS, then they
shall give notification as to when the repairs are complete and the
maintenance service on that equipment can commence. 9. LIMITATION OF LIABILITY NCS shall not be liable for failure to perform services at a location
deemed hazardous to health or safety or the failure to performed
services due to causes beyond the control of NCS. NCS shall not be
liable for injury to Customer employees or damage to Customer property
arising from the use of equipment maintained by NCS, or arising for any
reason, unless such injury or damage is due to the fault, negligence, or
misconduct of NCS, its officers, employees, or subcontractors
notwithstanding any other provision in this Agreement to the contrary,
in no event shall either party be liable for any indirect, incidental or
consequential damages (including but not limited to loss of profit
and/or revenue) resulting from or arising out of its performance or
failure to perform under this Agreement except for those damages arising
out of intentional misconduct or gross negligence. I0. GENERAL This
Agreement shall be construed in accordance with and governed by the
local laws of the State of Iowa. NCS may subcontract any or all of the
work to be performed under this Agreement. NCS shall retain
responsibility for the subcontracted work. Any supplement, modification
or waiver of any provision of this Agreement must be in writing and
signed by authorized representatives of both parties. If any portion of
this Agreement is found to be invalid or unenforceable, the parties
agree that the remaining portions shall remain in effect. The parties
further agree that in the event such invalid or unenforceable portion is
an essential part of this Agreement, they will immediately begin
negotiations for a replacement Agreement. I have read, fully understand, and agree
to be bound by the terms of both the service contract and the terms of
this agreement. On behalf of "CLIENT" Company Network
Computer Services ________________________________/____/_____ ________________________________/____/_____ _________________________________________
__________________________________________
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