Professional IT Service & Support:
Time Service Contract
AGREEMENT made this _____
day of ______________,
20____,
between Bemrich and
_____________________________________.
1.
General Terms
Client
a.
Name __________________________________________________
b.
Address __________________________________________________
c.
Phone __________________________________________________
d.
Fax __________________________________________________
e.
Email __________________________________________________
f.
Term: One
Year
g.
Commencement Date: The
date on which this Agreement is signed, unless otherwise agreed to by the
parties
h.
Expiration Date: The
earlier of the end of the Term or depletion of the Service Plan Hours.
i.
Service Year The
period from the Commencement Date through the day before the one-year
anniversary of the Commencement Date
j.
Service Calls Savings
are based on a per call basis of $75.00/hr
k.
Response time:
·
Major / Critical outages within two hours. A critical
outage is defined as total system inoperability.
·
Minor / non-critical outages within four hours.
·
Moves, Adds, and Changes (MACs) within one business day.
(Unless a different response timetable is specifically requested
and agreed to by both parties)
Standard
(unscheduled) service hours are Monday through Friday from 8:00 am to 5:00 pm
CST (except holidays). Service calls placed after 3:00 PM may be responded to
the following business day, but will still fall within the minimum response
time frame.
l.
Service Plan billing rates: Refer
to Exhibit A
We are applying for _________ hours annually.
m.
Trip Charges: Any work which requires a technical dispatch
to the customer site, outside of
n.
Service contract
hour usage: Only hours paid in full
at the time of service may be used. Time
accrued past current hourly balance at time of service will be billed at
Bemrich (T&M) hourly rate.
·
Current hourly balance determined by contract purchased.
Hours may not be used in advance of payment in the case of monthly and
semi-annual contract agreements.
2.
Pricing for work outside of Maintenance Agreement
Pricing for
maintenance or repairs that are not covered under this maintenance agreement
will be billed on a time and materials (T&M) basis as follows:
|
Service Time |
With a
Maintenance Agreement |
Without a
Maintenance Agreement |
|
Monday –
Friday, 8AM-5PM |
$65.00 per
hour |
$75.00 per
hour |
|
After-hours
& Saturdays |
$97.50 per
hour |
$112.50 per
hour |
|
Sundays &
Holidays |
$130.00 per
hour |
$150.00 per
hour |
Any work which requires
a technical dispatch to the customer site, outside of
3.
Parts and Availability: Parts required for replacement
will be provided and charged at Bemrich standard pricing. All parts purchased
from Bemrich will carry a manufacturer’s warranty. Bemrich will provide
installation services for additional parts purchased by the Customer from other
sources, without warranty from Bemrich on the part. “ Parts” are defined as
components, such as, but not restricted to the following items: CPU’s,
motherboards, floppy drives, hard drives, memory, video cards, network interface
cards, keyboards, mouse, trackballs, monitors, power supplies, CD-ROMs, sound
cards, cables, routers, hubs, modems, bridges and switches.
4.
Additional Service: Each time a service call is made, the
work to be performed must be indicated upon the initial request for service.
Each subsequent service request must be documented as an additional service
call and must be scheduled according to the response times in your agreement. A
service manager must authorize any additional work requested at the time technician
arrives on site.
5.
Depletion of service plan and automatic renewal: If, at the
beginning of, or at any time during a Service Call, our technical engineer
determines that the service required will likely deplete the amount of time
remaining under the Service Plan then in existence, our technical engineer
shall inform the Client, and the Client shall have the following options.
a.
Continue with the service until the Service Plan is
depleted, at which point, if additional service is still required, the Client
shall pay to Bemrich their non-contract rate of $75.00 per hour.
b.
Purchase a new Service Plan and continue with service upon
payment to Bemrich in the amount of the Service Plan purchased.
c.
Discontinue Service and retain any time remaining under the
Service Plan, subject to unused time.
6.
Unused Time: If the Client does not deplete its
Service Plan by the end of the Term, any time remaining in the Plan may be
applied to a new Service Plan at ˝ the value of the time, provided that
the Client chooses a Service Plan of equal or greater value.
7.
Recurring Condition: If the Client notifies Bemrich
within two days of a service call that the problem for which that service call
was made has reoccurred, Bemrich will evaluate the problem at no charge to the
Client. Upon evaluation, Bemrich reserves the right to repair the problem at no
charge to the Client, unless Bemrich determines that the problem recurred
because alterations were made or instructions were not followed by the Client,
their agents, representatives, or employees. In that case, service will be
charged against the time remaining in the Service Plan. For the purpose of this
paragraph, alterations are defined as: any software download from the Internet,
including but not limited to: Java and Active X executables, whether
intentional or not; physical damage; physical entry into a computer; connection
or disconnection of any cables, component or peripheral; and/or any other
changes made by the Client or it’s agents, employees, contractors, licensees or
invitees that actually caused the condition to recur.
8.
Software: Bemrich does not manufacture software.
Bemrich will install software purchased by the Client and will contact the
software manufacturer, if necessary, in an effort to resolve “bugs” or
compatibility issues in the software - however, Bemrich disclaims all liability
for the failure of any software, (whether installed by Bemrich) to work
properly, or for its intended purpose on the Client’s network or on any
individual computer of the Client.
9.
Loss of Data: The Client represents that it has
established and regularly follows procedures for fail-safe backup of the
Client’s data. The Client further explicitly agrees that Bemrich shall not be
responsible for the integrity or existence of any data on the Client’s network
or any individual computer of the Client; and that the Client will indemnify,
defend and hold harmless Bemrich for the corruption or loss of any data of the
Client, or of any their parties, whether or not caused by the negligent or
intentional conduct of Bemrich.
10.
Incidental and Consequential Damage: The Client
explicitly agrees that Bemrich shall not be responsible for incidental or
consequential damages arising from the Client’s inability to use its network or
any individual computer during any service call made by Bemrich or for any loss
suffered by the Client as a result of any subsequent equipment failure, without
limitation.
11.
Indemnification: In addition to, and not in limitation
of, disclaimers of liability made by Bemrich for hardware and software damage
in any other portion of this agreement, for any hardware or software failure
for which a Service Call is made by the Client to Bemrich, which failure has
the effect of causing loss to any third party, whether or not by delay, loss or
corruption of data, loss or benefit of any contracts, or any other loss, the
Client shall indemnify, defend and hold free and harmless Bemrich from and
against any and all claims, judgments, damages, penalties, fines, costs,
liabilities and losses (including, without limitation, sums paid in private
rights of action or in settlement of claims, legal fees, consultant fees and
expert fees) which arise during or after the Term as a result of such failure.
12.
Client’s Insurance: The Client represents that it has
procured and maintains a policy or policies of insurance in the amount equal to
one hundred percent of the full insurance replacement value, without regard to
devaluation for technology advances, of all computer hardware and software on
the premises of the Client. Although Bemrich will take commercially responsible
measures to avoid any activity that would jeopardize or conflict with said
insurance coverage maintained by Client or cause the premium charged to the
Client to increase, Bemrich shall not be responsible for damage to any of the
Client’s computer equipment or data.
13.
Failure of Funds: Failure to fund a contract within the
approved account terms or date designated by contract will result in
acceleration of payments remaining on the contract as due immediately. Failure
to fund a contract at any time during the contract period will result in a
suspension of service until all amounts due or the Client account is brought
current within the stated terms.
14.
Collection of Payment: With respect to any action by
Bemrich to collect payment due under this Agreement, the Client agrees to pay
all costs of such collection, without limitation, costs of suit, expenses, and
reasonable attorney’s fees.
15.
Non-Solicitation Agreement: During the term
of this Agreement and for a period of one year thereafter, the parties agree
not to hire, solicit, or attempt to solicit, whether directly or indirectly,
the services of any employee, consultant, or subcontractor of the other party
without the prior written consent of that party. Violation of this provision
shall, in addition to other relief, require the breaching party to compensate
the non-breach in party with 150 percent of the solicited person’s annual compensation.
16.
By: ___________________________________________ Client:
___________________________________________ By:
___________________________________________ Authorized
Representative Name:
___________________________________________ Title: ___________________________________________ Accepted and Agreed on this DATE: __________________ Amount
paid upon execution of Contract: _________________ Method
of Payment:__________________
Change / Addendums: This Agreement may not be changed unless
in writing and signed by all parties hereto.