I, the Customer (the “Customer”) hereby authorize Remaincom Technical Support of San Francisco, CA (“Remaincom”) to perform diagnostics, repairs, hardware and software installations and upgrades, networking, internet access, and other services to my computer; software, peripherals, and any other component or element within my computer or information system. This may include interrupting the power source to the system, deleting or installing software, opening the case, cabinet, or any other protective layer housing any component, and removing or installing parts therein.
I hereby affirm that I have backed up or otherwise copied all programs, files and data residing on the system that I deem important prior to requesting services from Remaincom, and I understand that I will be solely responsible for restoring any programma, files, and data after Remaincom and/or its third party providers performance of the service, regardless of whether such services are successful.
1. DESCRIPTION OF SERVICES. Remaincom will provide the following services (collectively, the “Services”): computer software and hardware support/maintenance.
2. PERFORMANCE OF SERVICES. The manner in which the Services are to be performed and the specific hours to be worked by Remaincom shall be determined by Remaincom. Remaincom will perform standard hardware and software service on IBM-compatible and Macintosh personal computers (“PCs”). Costs quoted for consultation and services do not include costs for hardware or software of any kind. Under no circumstances do Remaincom’s technicians engage in component level repair, including soldering or electrical wiring of any kind. Remaincom reserves the right to refuse to service any type of hardware or software. Quoted estimates to customer are for work performed under optimum conditions. Unexpected circumstances which arise including, but not limited to, computer viruses, compressed hard drives, faulty hardware or software, incompatibilities, lack of required software drivers, specification changes, or other circumstances beyond our control are not calculated into such estimates. Remaincom’s performance
under this agreement is dependant upon the full cooperation of Customer. Any delays in Remaincom’s performance that occur as a result of failure or untimely performance by Customer which prevents the completion, in whole or in part, of the Services to be performed hereunder, then the term of this Agreement shall be extended to the extent of any such delay and Remaincom shall not incur any liability as a result of such delay.
3. PAYMENT. Customer will pay Remaincom a fee for services rendered based on $110.00 per hour. This fee shall be payable upon receipt of invoice from Remaincom.
4. EXPENSE REIMBURSEMENT. Remaincom shall be entitled to reimbursement from Customer for all “out-of-pocket” expenses plus 15 percent as a service fee.
5. NEW PROJECT APPROVAL. Remaincom and Customer recognize that Remaincom’s Services will include working on various projects for Customer. Remaincom shall obtain the approval of Customer prior to the commencement of a new project.
6. LIABILITY. Under no circumstances does Remaincom warranty support for hardware or software of any kind, including any operation system or other software, whether or not it was installed by a Remaincom technician, even if Customer’s computer is under warranty. Moreover, there are no warranties, of any kind or nature, whether express or implied including, but not limited to, warranties or merchantability or fitness for a particular purpose or use. Times quoted for repair, service, or delivery/installation of new equipment are given as estimates only. Customer will not hold Remaincom nor any of our consultants responsible for damages to equipment, software, data, or property that may occur during service. Remaincom does not guarantee compatibility of equipment or software purchased with Customer’s existing equipment. To prevent loss of data, Customer should back up all important data prior to requesting service. Remaincom is not responsible for any loss of any software or data. Remaincom is not
responsible for equipment left with Remaincom staff or on Remaincom’s premises after 30 days.
7. RELATIONSHIP OF PARTIES. It is understood by the parties that Remaincom is an independent contractor with respect to Customer, and not an employee of Customer. Customer will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Remaincom.
8. EMPLOYEES. Remaincom’s employees, if any, who perform services for Customer under this Agreement shall also be bound by the provisions of this Agreement.
9. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
10. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
11. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the following provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
12. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
13. APPLICABLE LAW; ARBITRATION. This Agreement shall be governed by the laws of the State of California. Remaincom and Customer agree that before seeking the available legal or equitable relief hereunder, conflicts between the Parties shall first be submitted to small claims court and then to binding arbitration in San Francisco, California, under the rules of the American Arbitration Association. The prevailing Party to any arbitration hearing or other action shall be entitled to its costs and fees (including without limitation reasonable attorneys’ fees).