Service Letter of Engagement Terms of Service (TOS)
BILLING: There is a 1.5 -hour minimum for on-site support, billable in 15 minute increments, and a 15-minute minimum for telephone support. If work is ongoing, Consultant will provide reports monthly, detailing all work that was accomplished in that month. A monthly service charge of 20% of the unpaid balance or the maximum permitted by law will be added to all accounts not paid within 30-days of receipt. Rate shown on this Letter of Engagement (LOE) is subject to change until fully executed by both parties. All hardware and software purchases will be made directly by Client, or by Consultant with the prior approval of Client. Payments for hardware and/or software purchases made by Consultant on Client's behalf are due before placement of the order. Payment for time used is due immediately upon completion of onsite visit whether or not work is complete.
ESTIMATED HOURS: Consultant makes best-effort estimates of the time required to perform specific consulting services. These estimates are based upon previous, similar experiences. Since no two computer issues are exactly alike, it is not possible to precisely determine the time required for completing computer services. This is particularly true in the case of trouble-shooting since the nature of that task includes eliminating an unknown number of potential problem causes until the cause unique to each situation is identified and corrected. Consultant will discuss progress with Client throughout the performance of our services so that the Client can direct Consultant's further activities. This LOE covers hourly on-site support, and is not a fixed price contract. Off-site support will be at the same hourly rate if computer must be removed for repair.
CLIENT RESPONSIBILITIES: Hardware and software warranties, guarantees, and manufacturer service will be between Client and the manufacturer(s) and not Consultant, even though we may be the reseller. Client is responsible for Client's final purchase of software and hardware. Consultant is not responsible for defects or incompatibilities in either hardware or software, except in cases caused by Consultant's willful misconduct or gross negligence. Consultant can assist Client in determining compatibility and in resolving errors or problems, as part of our consulting contract. Client is responsible for data backup, and scanning drives/diskettes periodically for viruses and spyware and any routine maintenance suggested. Consultant will assist in restoring Client's files in case of failure, as part of this consulting contract. Client is responsible to comply with state and federal laws governing he use and distribution of software. Client also agrees to hold Consultant harmless for, from, and against all claims, losses, judgments, or other actions in connection with these laws, except in cases caused by Consultant's willful misconduct or gross negligence.
SECURITY & FIREWALLS: Consultant will recommend firewall and security measures as requested to provide a reasonably secure environment for Client’s data based upon the need expressed by Client. Client understands no security measures are foolproof and indemnifies Consultant for any intrusion by a third party after such security or firewall is in place. Consultant will keep all passwords confidential. Consultant is not responsible for intrusions, conflicts or connection issues relating to installed firewalls or security.
WARRANTY AND DISCLAIMER: Consultant warrants that the work under this LOE will be performed in accordance with then-current industry standards. Consultant disclaims all implied warranties and representations as to product or services, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. Client agrees to hold Consultant harmless from all lawsuits arising from any specifications supplied by Client. Should an express or implied warranty be breached, the Client will be entitled to no more than the actual cost to correct the problem. Further, Consultant will not be held responsible for any consequential or secondary damages as a result of such a breach.
TRAVEL TIME: is applied when travel time is more than 10 minutes from downtown Howell.
GENERAL PROVISIONS: This LOE supersedes any prior written or oral agreements between the parties and may be modified or amended in writing if such modification or amendment is signed by both parties. This LOE shall be governed by and construed in accordance with the laws of the State of Michigan.