This agreement is between DalTech Computer Systems, LLC (hereinafter referred to as DalTech) and the Customer requesting computer support or services from DalTech Computer Systems, LLC (hereinafter referred to as The Customer).
In consideration of the rights and obligations herein set forth, the parties do hereby agree as follows:
- Remote Access. Customer agrees to allow DalTech to remotely access the customer’s computer(s) and related computer equipment, such as printers, modems, and routers.
- Data Loss. Customer agrees to not hold DalTech responsible for any data loss, missing files, perceived lost files or missing data. The Customer agrees that they are responsible for maintaining current and accurate backups of their data.
DalTech endeavors to assist the Customer to keep all Customer data safe from data loss in the event of mechanical failure, virus event, accidental deletion, media failure, or any other cause of data loss, however, ultimately, Customer agrees to maintain and administer their own backups and to not hold DalTech liable in the event of any data loss. Customer also agrees to not hold DalTech liable for any loss of productivity due to data loss regardless of the cause. The customer has 30 days after notification to retrieve repaired hardware or data; if not retrieved after 30 days, the hardware or data is subject to being destroyed or recycled.
- Down Time. Customer agrees that DalTech is not responsible to incur any cost for loss of productivity or “down-time” while Customer’s computer(s) or related computer equipment are being serviced by DalTech.
Customer agrees to not hold DalTech responsible to incur the cost of (a) replacement computer(s) or related hardware for any reason.
- Compensation. Customer agrees to compensate DalTech for time and materials invested into the service and repair of customer’s computer system(s). The Customer agrees to compensate DalTech at a rate of $3 per minute if the service is performed remotely or over the phone (unless otherwise agreed to in writing). The customer agrees to compensate DalTech at a rate of $135 per hour if the service is performed at the customer’s physical location (unless otherwise agreed to in writing). The Customer agrees that no warranty applies to consulting fees, advice, time spent servicing software or hardware components or settings. If some or partial services are performed and subsequently compensated for by the Customer and subsequently the Customer requests further services, consulting, or advice (whether related to the original services or not); the Customer agrees to also compensate DalTech at the agreed upon rate for the subsequent services and time investment.
- Effectiveness. This agreement is in effect in each case that the Customer solicits DalTech to service or install computers or related equipment.
- Limitation of Damages. Even if advised of the possibility of such damages, in no event shall DalTech be liable for (a) personal injury or property damages or (b) lost profits, work stoppage, lost data, or any other special, indirect, or consequential damages of any kind.
- Indemnification. DalTech and Customer are separate and independent entities, and neither is the agent of the other. Subject to the limitations of damages and remedies set forth in this Agreement, DalTech and Customer hereby each agree to indemnify and hold the other party and their personnel free and harmless from any and all loss, cost, damage, claim, action, or liability on account of the death of or injury to any person or persons or damage to or destruction of any property resulting from or growing out of any alleged negligence on the part of the indemnifying party or their personnel in the implementation of this Agreement.
- Amendment. No modification of this Agreement will be effective unless signed by authorized representatives of both parties.
- Assignability. This Agreement is personal to the parties and may not be assigned or otherwise transferred, in whole or in part, voluntarily, involuntarily, or by operation of law, by either party without the prior written consent of the other party. Any assignment attempted to be made in violation of this Agreement shall be void.
- Force Majeure. Neither party shall be liable to the other for any delays, suspensions, damages, or failure to perform any of the obligations under this Agreement due to, caused by, or occasioned by reason of Force Majeure. Force Majeure shall mean any circumstance or event beyond the reasonable control and foresight of the party unable to perform and which could not have been prevented or avoided by the exercise of due diligence, prudence, or the adoption of reasonable precautions. During an event of Force Majeure the parties' duty to perform obligations shall be suspended.
- Independent Contractor. In the performance of their obligations under this Agreement, the parties shall be independent contractors, and shall have no other legal relationship, including, without limitation, partners, joint venturers, or employees. Neither party shall have the right or power to bind the other party, and any attempt to enter into an agreement in violation of this section shall be void. Neither party shall take any actions to bind the other party to an agreement.
- Entire Agreement. This Agreement and Attachments represent the entire Agreement between the parties with respect to the subject matter hereof and supersede all prior agreements and understandings of the parties as to such subject matter.