CLIENT MAINTENANCE AGREEMENT
This Client Maintenance Agreement is made on __________ between Nexus Technology Provider, LLC (hereinafter referred to as the “Company”) and _____________________ (hereinafter referred to as the “Customer”). Together referred to as the “parties”.
WHEREAS, the Company is an IT Management Service Company providing services to the Customer in need of the said service;
THEREFORE, the parties herein have agreed to be bound by the following terms; –
The Company shall provide IT support to the customer.
The Company does not do service printing and if the customer requires this service, the company will need to outsource to their partner.
The terms of this agreement shall be for a period of 24 months which will be automatically renewed unless the customer submits a cancellation request 60 days before expiration.
The parties herein agree that compensation for the services rendered herein shall be every month via CC or ACH if by CC there shall be a 1.6% surcharge.
- Non-Compete.
The parties agree and acknowledge that the Customer shall not steal or offer other types of work to the Company’s team members and stuff on the side as this will be considered a breach of this agreement and cause immediate termination with compensation to the Company as to be later on computed by the company.
The Customer agrees to hold harmless and indemnify the Company from any claim or liabilities that may arise from the performance of this Agreement.
The Customer further agrees that they shall not hold the Company responsible for any lost data or corrupt data from the services delivered herein. The Customer acknowledges that for the employees working remotely or through alternative networks, the Company shall not be responsible when they access the system remotely from personal devices and something intentional or not intentional wrongdoing is done that causes the customer’s system to get either infected or damaged or terminated.
It is agreed that for medical clients, the Company shall make them aware of HIPPA laws and PHI laws if they are not aware of such laws the Company shall accommodate them with the appropriate tools.
This agreement shall stand terminated by the Company immediately for the following reasons which are not limited to; –
- The customer not paying for a period of 90 days.
- Any aggressive behavior against the company staff or technicians.
- The customer and its employees cause damage to the network\software on purpose.
- If the Company does not have enough staff to provide services to the customer.
- If there is any detection of child pornography on the devices, and law enforcement shall be notified immediately and all services will cease.
- Dispute/Conflict Resolution.
If there arises any conflict or dispute during the performance of this Agreement, the same shall be negotiated between the parties amicably if the same fails, the dispute shall be referred to mediation.
Parties herein further agree and acknowledge that they waive their right to sue either party regarding this agreement.
The parties herein agree that the onsite services provided by the Company shall be on computers and laptops that are no older than five (5) years.
The server should be no older than six (6) years and the network, switches, routers, and access points no older than 5 years.
- Governing Law.
The provisions and performance of this Agreement shall be construed and interpreted in accordance with the laws of the State of New York.
- Return Policy.
The Company cannot accept any peripherals without the box and if it is done after 30 days.
Peripherals such as mice keyboards webcams, due to health issues the customer cannot return any wearable tech such as headphones, or VR sets.
For orders larger than $500, there is a restocking fee of 15%
Devices such as laserjet and inkjet printers cannot be returned.
Ink or Toner cannot be returned unless it wasn’t opened and has the factory seal.
Orders larger than $3000 vary on return and request that it is discussed with your account representative if returnable.
The refunds shall be posted or credited to the account within 7 days of receiving the item.
Either party to this Agreement may modify the provisions herein by the same modification being written and signed by both parties.
Suppose any provision in this Agreement is deemed to be invalid or unenforceable. The same shall be severed from the Agreement, and the remaining provisions shall continue to operate in full force and effect.
Neither party to this Agreement may assign or transfer its rights and obligations without the prior written consent of the other party.
- Entire Agreement.
This is the entire Agreement between the parties, and it supersedes any prior negotiations, promises, or contracts, either written or oral.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date hereinbelow; –
| Signed by the Company; –
Name: ______________________________ Signature: __________________________ Date: _______________________________ |
Signed by the Customer; –
Name: ______________________________ Signature: __________________________ Date: _______________________________ |
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