These Terms of Service represent how Richard Tech LLC, d/b/a Techy Tek (“Firm”) conducts business. “Client” refers to an entity that procures Firm’s products or services. Client must undergo on boarding with Firm in order to receive appropriate service. On boarding consists of but is not limited to the following: customer’s name, authorized Client managers and technical agents, address, phone number, usernames, passwords, access to on premise devices and 3rd party services as well as any other relevant information necessary to provide our services appropriately as required by our policies or that we may request from Client from time to time. Furthermore, these Terms of Service may be amended from time to time for operational reasons for the most up to date version please visit http://techytek.com/general-terms-of-service.
SERVICE AGREEMENTS
(a) Service availability: In certain cases, Firm will attempt to problem solve issues over the telephone, remotely and/or on-site. However, due to possible complications beyond our control including but not limited to, limited or no access to the internet, limited or no access to the electronic device(s) to be service, 3rd party software failure, life threatening circumstances, misrepresentation of an electronic device status, compounded issues and hardware anomalies/failure support may not be completed in a timely manner.
(b) Hours of Operation: Services hours of operation are Monday-Friday, 7 AM – 6 PM. Remote support is available 24/7, however additional charges will be applied for services outside the contract Hours of Operation and major holidays (Christmas eve/day, New Year’s Day, Memorial Day, 4th of July, Labor Day, Thanksgiving). Support provided outside scope are charged a 1-hour minimum up front.
(c) Clients Conduct: By using Firm’s services, Client agree that all information Client disclose to Firm is all current, accurate, true and complete. Client is responsible for procuring and paying for support, equipment, hardware, supplies and software necessary for Firm to effectively provide our services. It is the Clients responsibility to procure all items needed for a service to begin effectively. Client agrees and acknowledges that Firm’s performance is contingent upon Client’s responsibilities, decisions and approvals. Client understands and agrees the above may result in work not being completed in a timely manner and additional costs may be applied to Client. Client understands and agrees that Firm may assist in correcting and diagnosing issues in agreement with the scope but is not responsible for the fitness, security, development or resolution of any problem resulting from software or hardware capabilities. For services provided by Client and serviced by Firm Client acknowledge and agree that Firm is not responsible for any or all parts of 3rd party’s failure to support, develop, manage or complete its services. Client understands and agrees that Firm’s primary focus should always be to resolve issues as expeditiously as possible, and not to investigate the root cause of an issue. A Root Cause Analysis (RCA) is not included in the Scope of Work unless specified by the contract.
(d) Access: Firm must receive Clients full consent and cooperation to enter Client’s place of business onsite or remotely and be allowed access to the computer(s), peripheral(s), products and software to be serviced, and the working environment must be safe and secure with full access to an electrical power source and working space. If a Firm employee arrives at the scheduled service time and determines that he/she does not have reasonable access, cooperation, or safe working area as described above, then services may be denied, and charges will be assessed.
(e) Hardware returns, replacements, DOA (dead on arrival), shipping and handling and its costs associated are Clients sole responsibility.
(f) Both parties acknowledge and agree not to disclose any proprietary information, except any information in the public domain or as authorized by the party.
(g) Firm and its duly authorized agent(s) may perform its work on-site, its own offices or at any other site as deemed as appropriate by Firm and its duly authorized agent(s). Should Client insist on determining the work site, Client will be liable for all increases in professional fees, costs and expenses incurred by Firm
(h) Client may not, without written permission, hire, entice to quit or contract for work any Firm its duly authorized agent(s) employee’s or sub-contractor(s) for a period of 3 (three) years after the contacted for assignment has been completed in full in accordance with all conditions of the agreement. Client agrees to pay Techy Tek damages in the order of Seventy-five Thousand Dollars ($75,000) as liquidated damages. This amount has been negotiated and agreed to by the parties as indicated by the signature on this Agreement.
(i) End of Life (EOL), End of Support (EOS) and Out of Warranty (OOW) hardware and software will be supported within support possibilities by Firm.
(j) Services not covered unless otherwise stated by Firm include but not limited to work that exceeds outlined scope with regards to onsite/remote support, mobile phone setup, training, contract reviews, new installations hardware/software, home services, hardware disposal, alterations/modification/gross negligence by the Client or 3rd (third) party, cost of any hardware/software, cost of 3rd (third) party services, development, web design, video editing, upgrades, etc.
(k) You must inform Techy Tek of any additional hardware that has been installed by a 3rd (third) party and/or a Clients staff member. Devices added to our monitoring services may not be fully managed or monitored and will be back charged from the date of the installation. Client acknowledges and agrees that it is their responsibility to inform us of any changes to our scope.
LIMITATION OF LIABLITY
(a) Client understands and agrees that Client shall not hold Firm, its owners, agents, sub-contractors, suppliers, affiliates and their respective directors and employees against all actions under any circumstance for any alterations, loss or corruption of data and software. Backup is strictly Client’s responsibility including but not limited to the profiles, operating system files, documents, photos, videos, music, programs and drivers. All necessary/vital data/information contained on Clients personal computer, hard disk drive and/or media storage devices should be backed up prior to contacting or allowing Firm to perform diagnostic repair on Client’s devices. Client further understands and always agrees to indemnify, defend and hold harmless Firm, of any losses sustained, in accordance with applicable adjournments. Firm in its expertise may supply backup services but offers no warranties of any kind, whether expressed or implied to the fitness of on-premises storage or 3rd party’s services storage fitness.
(b) Clients are solely responsible for the required licensing of 3rd (third) party equipment, materials, software and intellectual materials.
(c) Client understands and agrees that Firm will not support, repair or maintain software/hardware that is been obtained illegally or is in violation of US patent and copyright laws. Furthermore, you will make known to Firm any known violations in which Firm may interact with said software/hardware.
(d) Except with respect to indemnification claims of infringement arising from a breach of Firm’s proprietary data, in no event will either party’s liability under any claim made by the other party, including you or any 3rd (third) party, exceed the total amount of fees previously paid by the you to Firm within the contract year for services provided hereunder to the you, no action, regardless of form, arising out of or in connection with this agreement may be brought more than two (2) years after the first to occur of (e) the termination or expiration of this agreement or (ii) the event giving rise to such cause of action.
FORCE MAJEURE
We will not be liable for any failure or delay in performing under these terms where such failure or delay are due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, power grid failures, terrorism, labor strikes, communication breakdowns, system stoppage, crashes, hardware or software failures, transportation stoppages, or slowdowns or the inability to procure supplies or materials. Client understands and agrees that all circumstances beyond the control of Firm and its 3rd (third) party service provider which impair the ability to work may lead to loss or denial of services.
PAYMENT, CHANGES, CANCELLATIONS, REFUNDS AND WARRANTY POLICY
(a) Standard on-site man-hours are billed at $125 per hour, plus $100 for each additional technician with maintenance or help desk contract. Clients with no preexisting contract will be bill at a rate of $150 per hour, plus $125 for each additional technician. Specialized services which incur higher costs would be discussed prior to the service. Invoices are payable by the Client upon receipt or in accordance with the specified invoice terms. Overdue invoices are subject to the maximum interest as allowed by law. If collection is required, legal and other collection fees and expenses will be paid by the Client. All discounts are voided on amounts past due. All equipment or intellectual property procured by Firm remains their sole property until final payment is received and the Client releases Firm in writing, from any further obligation as pertains to the agreement. Both parties acknowledge and agree to Firm’s right to remove all its procured equipment not paid for by the Client in accordance with this agreement even though payment may be in dispute. Projects are paid 50% at contract signing and any other balances owed at completion. Maintenance contracts are invoiced quarterly and are subject to NET 30 payment terms. The initial 50% project fee is non-refundable in part or in full unless the Client request to cancel services prior to the start date of service if applicable in which case part or whole may be refundable based upon completed work. Late payment fees will be assessed on any account past due by 30 days. To make any changes to Clients scheduled appointment contact Firm at least 24 hours prior to the scheduled performance of services.
(b) Man-Hour travel costs are applied when applicable per Firm employee both in route to and back from Client’s service location i.e., travel requiring Firm to drive, fly or take public transit for 2 hours in one direction will be charged 4 man-hours in advance. All associated travel costs will be billed back to the Client including but not limited to parking, parking tickets, tolls, transport, air fare and/or lodgings at actual.
TERMINATION
(a) Either party may terminate this Agreement for any reason, upon notice of termination no less than one hundred eighty days (180) in advance of the renewal date.
(b) Either party may terminate this Agreement at any time for cause by notifying the other party, if the cause identified in the notice is not remedied within thirty (30) days after the notice is received. If either Firm or Client fails to perform or observe any material term, covenant, agreement, or warranty, or if a party makes any material misrepresentation of fact, or if a party shall cease doing business, become insolvent, or if a voluntary petition in bankruptcy shall be filed (or an involuntary petition which is not removed or withdrawn within 10 days) with respect to a party. Even after this agreement is terminated, certain provisions will remain in full effect. Client further understands and agrees that Firm is not liable to Client or any 3rd (third) party for losses or gains, due to termination. Firm accepts no liability for financial damage to Client or others incurred by termination of service.
MINIMUM REPRESENTATIONS AND WARRANTIES
Client hereby represents and warrants to us that the Clients representatives and signatories have the full power and authority to enter and perform under these Terms of Service, Client understands and agrees that Clients continued use of Firm’s service will not infringe the copyright, trademark, right of publicity or any other legal right of any 3rd (third) party. Client will comply with all applicable laws in using our services and in engaging in all other activities arising from, relating to or connected with these Terms
DISCLAIMER OF WARRANTIES
Firm expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Firm and its duly authorized agent(s) agree to perform the services in a professional manner. Firm does not represent authorized agents or any 3rd (third) party pricing to be the lowest available, nor does Firm claim to offer the lowest or price match any competitor. We offer competitive service rates based upon industry standards.