VaughanTECH Core Coverage Service Agreement Terms & Conditions

SERVICE LEVEL DETAILS (Scope of Work being contracted)

 

BACKGROUND:

 

The Customer is of the opinion that the Service Provider has the necessary qualifications, experience, and abilities to provide services in connection with the computer servicing needs of the Customer.

 

The Service Provider is agreeable to providing such services to the Customer, on the terms and conditions as set out in this Agreement.

 

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:

 

1) ENGAGEMENT

a) The Customer hereby agrees to engage the Service Provider to provide the Customer with services consisting of PERSONAL COMPUTER REPAIR SERVICES and other services as the Customer & Service Provider may agree upon from time to time (the “Services Details”), and the Service Provider hereby agrees to provide Services to the Customer.

 

2) ACCESS TO SYSTEMS

a) The Customer shall provide the Service Provider with complete, administrative and exclusive access to all contracted systems so maintenance and/or service(s) can be performed when needed.

 

3) TERM OF AGREEMENT

a) The term of this Agreement will begin on the date of this Agreement and will continue in full force for the term period as specified above under “THE CUSTOMER” of this Agreement and is subject to early termination as otherwise provided in this Agreement, with the said term being capable of extension by mutual written agreement of the parties.

 

4) PERFORMANCE

a) The Service Provider agrees to service and repair Customer’s equipment at the location[s] that is designated in this Agreement when called upon to do so by the Customer if and when needed.

b) Service Provider agrees to answer a service call request within one (1) business day of being requested for service during regular business hours. Regular Hours are considered Monday – Friday 10AM – 4PM. Extra charges will apply for After Hours or Holiday Service.

c) Emergency Service customers will be responded to within 48 hours or the next regular business day with the exception of our Christmas Holiday, in which service requests will be answered at the return to regular business hours after the Christmas/New Year’s Holiday. Generally, Dec 15th through Jan 3rd.

d) The compensation for computer servicing and maintenance is limited to labor charges only. If parts or upgrades are needed to complete repair at any given time—The Customer shall have the right to purchase the part[s] or upgrade[s] needed from another source, if desired. The Limit of Liability and Warranty of said part[s] or upgrade[s] is ultimately the responsibility of the Customer if purchased from an outside source and in no way should be put upon the Service Provider in any fashion.

e) Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect and are upheld.

 

5) COMPENSATION

a) For the Services provided by the Service Provider under this Agreement, the Customer will pay to the Service Provider compensation as stated under “SERVICE LEVEL DETAILS (Scope of work being contracted)” section of this Agreement for the contract duration. This contract renews automatically at the end of the term on a month-to-month basis.

b) The Customer shall pay compensation of the service contract as agreed upon the signing of this agreement to The Service Provider.

c) Payments are to be made in monthly installments due on the calendar day provided in the “Start Date of Agreement” specified above for each installment. The 1 st payment is due on execution of this agreement or specific date set in agreement by both parties.

d) If payment is not received by10 days after the due date then The Customer is in breach of this agreement. A late charge will be applied to the past due payment. All services being provided by The Service Provider will be immediately suspended and no service will be performed or completed until The Customer’s account has been fully paid.

e) After 30 days of Non-Payment or (3) Late Payments during the effective term of this contract will be considered a breach of agreement and EARLY TERMINATION (see Section 13) on the Customer’s behalf. All Services will immediately be suspended, a charge of 6% will be applied every month to any outstanding balance due, and legal action will be pursued to collect unpaid compensation. The Customer will be responsible for any and all legal fees, charges, penalties or other costs incurred while The Service Provider attempts to collect the outstanding debt.

 

ADDITIONAL COMPENSATION

f) The Customer will provide additional compensation as follows:

i) Any other service performed not included in the scope of work section is the responsibility of the client. The payment for all services not included in the Scope of Work is due at the time of service rendered.

ii) In-Shop Services are limited to 12 incidents per term of this agreement as stated in the “Length of Agreement” section of this contract. Any additional In-Shop calls will be charged at a discounted labor rate and is the responsibility of the customer.

iii) On-Site Service calls are limited to 12 incidents per term of this agreement as stated in the “Length of Agreement” section of this contract. Any additional On-Site calls will be charged at a discounted labor rate and is the responsibility of the customer.

iv) If the physical location of the equipment covered is changed to a location outside of a 30 mile radius from VaughanTECH’s location during the contract term, then the customer shall notify the service provider in writing in effect to the new location. Additional charges may apply to On-Site and/or Emergency Contracts in this situation.

 

6) ASSIGNMENT

a) This agreement is a personal one, being entered into in reliance and upon consideration of personal skill and qualifications of the Service Provider. The Service Provider will not voluntarily by operation of law assign or otherwise transfer the obligations incurred pursuant to the terms of this Agreement without the prior written consent of the Customer.

 

7) CAPACITY/INDEPENDENT CONTRACTOR

a) It is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee in providing the Services hereunder. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them.

 

8) MODIFICATION OF AGREEMENT

a) Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each party.

 

9) TIME OF ESSENCE

a) Time will be essence of this Agreement and of every part hereof. No extension variation of this Agreement will operate as a waiver of this provision.

 

10) ENTIRE AGREEMENT

a) It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement as expressed in it.

 

11) SEVERABILITY

a) In any event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid and unenforceable parts severed from the remainder of this Agreement.

 

12) TERMINATION OF THIS AGREEMENT / EARLY TERMINATION

a) The Customer may terminate this Agreement at any time giving the Service Provider a 90 - day written notice requesting termination of services and will only be considered valid if the letter is post-addressed from the current Credit Card holder’s billing address on file. (See Client section above)

b) The obligations of the Service Provider under this Agreement will terminate upon the earlier of the Service Provider ceasing to be engaged by the Customer or the termination of this Agreement by the Customer or the Service Provider.

c) EARLY TERMINATION – Upon Early termination of Services, the Customer will be liable for 100% of the remaining yearly contract balance and authorizes the full amount to be charged to the Credit Card listed on file for this contract. The final amount will be due immediately upon termination.

 

13) GOVERNING LAW

It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Virginia without regard to the jurisdiction in which any action or special proceeding may be instituted. The Customer agrees that all proceedings/litigation will be held in Isle of Wight County, VA USA.