ODESSA OFFICE EQUIPMENT
Computer Service Contract
Parties
This Computer Service Contract hereinafter “Contract” is made and entered into by and between “The Customer” and “The Company” for Computer Maintenance Services. Customer and The Company agree as follows:
“The Company” means OOE Inc. d.b.a. Odessa Office Equipment located at P.O. Box 489, Odessa, Washington 99159.
“The Customer” refers to an individual, corporation or legal entity who incurs charges for the Company’s services.
1. Purpose and Scope of Work
1.1 The purpose of this Contract is for the Company to provide computer services, repairs, and upgrades as requested by the Customer, and as may be set forth on the Work Order.
1.2 There may be circumstances under which your computer can not be repaired, and it will have to be rebuilt or upgraded.
1.3 The length of time required to service/repair your computer cannot be predicted.
1.4 Customer understands that in the process of working on your computer equipment, there is a potential for data loss. Customer agrees that he/she has made the necessary backup of their data so that, in the event of such loss, the data can be restored. The Company will not be responsible for data loss.
1.5 Customer authorizes the technician(s) providing the service or repair to install anti-virus and any other software on your computer as deemed necessary or appropriate by Company.
2. Terms
2.1 This Contract commences immediately upon the Customer submitting a Work Order Request Form.
2.2 Either party may cancel the Contract at any time after submitting the Work Order Request Form.
2.3 Customer will be responsible for all costs and repairs done by the Company prior to the cancelation of the contract.
3. Compensation and Payment
3.1 Computer services/repairs are billed as published on the Odessa Office Equipment/Accima web http://www.odessaoffice.com/services.html#ComputerRepairServices (prices subject to change). Charges will be calculated in fifteen (15) minute increments.
3.2 The Customer will have fourteen (14) days from the date of invoice to pay the full amount due. Accounts that have not been paid within the fourteen (14) days are past due and will be assessed a 12% finance charge.
3.3 Company reserves the right to terminate internet service if provided by Company on all past due accounts until account is paid in full.
3.4 Computer parts, hardware, and/or software that are ordered or special ordered must be paid in advance.
4. Estimates
4.1 An estimate of the cost of work will be provided before performing computer services/repairs. Estimates are not guaranteed.
4.2 In the case that there is an unforeseen deviation, beyond the above estimated amount, every effort will be made to contact you and inform you of the situation and receive authorization to continue or stop at the estimate limit.
4.3 In the case that you cannot be reached, work will stop until contract is established. Once reached, your decision to continue or stop will be honored.
5. Liability
5.1 Services are provided in an effort to fix, upgrade, or otherwise repair the computer system(s) for which Customer request such services.
5.2 In the case of accidental damage of data to your system or data loss caused by already existing problems in your system such as viruses, or hardware/software problems/failures- Customer agrees to hold Company and any person(s) associated with Company or involved in the work being done for you harmless from damages resulting from such problems.
5.3 Company will attempt to ensure integrity of your data, however, customers are responsible for their own data. Due to the nature of the services we provide, data loss is not always preventable. We take no responsibility for data loss. You should routinely backup your data in case you have equipment problems. We attempt to assist customers who have failed to make proper backups, but can make no promises concerning recovery of data. If necessary, we may delete all files (data and software programs) in order to re-install the operating system and make the computer functional again! (See 1.4 above)
5.4 In no event shall Company be liable for any claims, damages, loss of profit, business interruption, or loss of revenue which may be suffered by Client or any other entity, including but not limited to any other special, incidental or consequential damages, or punitive damages of any kind (whether arising in contract, tort or otherwise), expenses or other liability arising from Client’s failure to maintain adequate backup procedures or parallel operations, or arising out of or in connection with Company’s performance or non-performance (including breach) under, related, or otherwise arising out of or in connection with, this Agreement, or caused by the use, misuse, or inability to benefit from any of the services, whether on account of negligence or otherwise, and with respect thereto, COMPANY MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, FROM A COURSE OF DEALING, OR USAGE OR TRADE OR ARISING OTHERWISE BY LAW.
5.5 COMPANY SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY COMPANY, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF COMPANY, NOR SHALL COMPANY BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY CUSTOMER’S EQUIPMENT. COMPANY'S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. COMPANY SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF CUSTOMER’S EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF COMPANY FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY CUSTOMER UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. COMPANY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW. YOUR USE OF THIS COMPANY’S SERVICES ARE SOLELY AT YOUR RISK
6. Equipment Information
6.1 Customer shall provide the Company with information requested by Company on each item to be serviced or repaired under this Contract.
6.2 This information could include: type of equipment; model and serial number; date of purchase and proof-of-purchase information, if applicable; and location information including address, Customer contact and telephone number.
7. Indemnification
7.1 Customer shall indemnify and hold harmless, the Company, its agents and employees from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorneys' fees) to third parties, relating to or arising from the use of the Company’s services by Customer, or any of their personnel. Customer agrees to indemnify the Company along with any parties from whom the Company obtains services, and to hold them harmless from any claims resulting from the use of the service by Customer or its users that damage another party or that violates the law.
8. Disputes
8.1 In the event the Company is required to engage the services of an attorney because of a breach by the Customer of any of the terms herein contained or arising out of the Customer’s use of the services provided by the Company in any other manner, the Customer agrees to pay all of the Company's reasonable attorneys fees and court costs. Upon breach of this Contract, all of customers’ rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Contract, or the breach of any applicable law or statute governing the use of the services provided, all Customer fees shall be forfeited as liquidated damages to the Company. In the event of litigation both parties agree that the law of Washington shall apply and both parties consent to the jurisdiction of the courts of Lincoln County, Washington. Both parties expressly waive a jury trial.
9. Contract Amendments
9.1 The Company reserves the right to amend this contract from time to time, in its sole discretion, and any such amendments shall become effective upon promulgations, subject to the terms of this agreement.
10. Age Acknowledgement
10.1 The Customer certifies that he or she is at least 18 years of age or that a parent or guardian has given their express consent. The parent or guardian acknowledges responsibility for the minor's actions.
11. Entire Contract
11.1 This Contract along with the Work Order Request Form represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party.
11.2 The terms and conditions of this Contract together with the provisions contained in the Work Order Request Form Constitute the Agreement between the parties hereto and by signing this Contract you acknowledge you have received, read, understood, and agreed to these terms and conditions.
12. Designated Points of Contact
12.1 The Company’s designated point of contact for Customer to request Support Services, contact Odessa Office Equipment at (509) 982-2181, Monday-Friday 9:00 a.m.- 5:00 p.m.
12.2 Customer’s designated point of contact for The Company to send invoices, problem solves and otherwise conduct business shall be as stated on the Work Order Request Form.
By their signatures or initials on the Work Order Request Form, The Company and Customer hereby acknowledge and accept the terms and conditions of this Contract.
Customer: ___________________________________________ Date: _________________
Company: ___________________________________________ Date: _________________
Odessa Office Equipment
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