© 1995-2022 AQUOSE. All rights reserved.
WHEREAS, CLIENT is desirous of securing the services of AQUOSE, and AQUOSE is desirous of providing such services. Upon approval, the client agrees to retain AQUOSE to perform services and further agrees that they are responsible for any and all costs pursuant to those services. If prices fluctuate or if additional hardware, software and services are required, they will be billed separately in addition to the hours required for installation and configuration. AQUOSE will discuss with the client any additional costs prior to performing services. At the completion of the services, the client is responsible to promptly pay AQUOSE any and all outstanding balance pursuant to any prior amount paid. NOW THEREFORE, the CLIENT understands and agrees to the following:
1. The client is responsible for making complete, readable (“restorable”) backups of the system and data files prior to AQUOSE beginning work on the fileserver(s) and/or workstation(s). (AQUOSE also will make a reasonable effort to secure the clients data, at additional charge, through available means, if the client so requests it. However, AQUOSE cannot be responsible for problems encountered while reading, restoring or accessing client’s data.)
2. AQUOSE and any of its employees is not responsible for any damage or loss resulting from any services performed for the client at any time. This includes but is not limited to data, intellectual property, hardware, software, security, infrastructure, building and real property belonging to the client or anyone else. AQUOSE is not responsible for electronic equipment failures that occur during an upgrade, reconfiguration or diagnostic process, except for new equipment furnished by or equipment covered under a maintenance contract by AQUOSE.
3. AQUOSE guarantees a 48 hour response times during normal business hours (Monday to Friday, 8:00 AM to 5:00 PM, excluding weekends and holidays). AQUOSE guarantees all services for quality in the absence of viruses. If services performed by AQUOSE do not resolve the known requirements of the client, AQUOSE will at our expense re-perform services to a maximum of the original or billed service labor. If after re-performing service labor, the client requirements are still not resolved, AQUOSE will determine with the client a reasonable solution to resolve the requirements. This solution may result in additional costs to the client. Client is responsible for the in-warranty or out-of-warranty repair to any equipment not purchased from AQUOSE or not covered under an AQUOSE Service Level Agreement (SLA). (AQUOSE will handle as requested at established labor rates.) Equipment covered under an AQUOSE Service Level Agreement (SLA) will be handled based on the terms of the Maintenance Agreement.
4. If AQUOSE determines that there are software or hardware compatibility problems with existing equipment and or cabling, AQUOSE will charge for any time spent resolving the problems at the established labor rates.
5. AQUOSE is not responsible for any damages resulting from viruses. AQUOSE does not guarantee any services performed if a virus is or was present at any time on any part of the client‘s computers and systems and systems and networks to which the client attaches. If the client requests AQUOSE to perform any services, the client agrees they will assume the risk and responsibility for the potential and real presence of viruses and any damage they may cause. If a virus is determined to be present, AQUOSE will inform the client of its presence and the potential ways to remove it. Not all viruses are removable. Viruses may cause damage to the client’s security, systems, data, etc.
6. All items purchased for the client are special/custom ordered and are non-cancelable/non-returnable. All special ordered equipment will be estimated and billed in advance and will require full payment in advance of ordering or installation. Items that may be returned may have a 50% restocking charge + the cost of freight. All labor charges, retainers, service packages and pre-paid items are non-refundable.
7. The established labor rates are: Standard Rate (during normal business hours Monday to Friday, 8:00 AM to 5:00 PM, excluding weekends and holidays) $216.00 per hour, calculated in 15 minute increments with a 1 hour minimum charge and travel charge, if applicable (see chart & ZONE MAP above). Any services performed outside of our normal business hours (Monday to Friday, 8:00 AM to 5:00 PM) on weekends and Holidays will be billed at our After Hours Rate, which is $432.00 per hour, calculated in 1 hour increments with a 2 hour minimum charge plus applicable travel charges and expenses. All on-site services or consultations are subject to a Travel Charge. Travel Charges are determined according to our chart & ZONE MAP (above) and charged at the completion of the service call. The payment terms for all labor and travel charges is payable immediately at the completion of the service call (PAYABLE C.O.D.). If a Credit Card is used for payment, a 3.5% processing fee will be added to the Total Amount Due. If covered under an active AQUOSE Service Level Agreement (SLA), labor rate charges and terms will be as set forth by that agreement (credit approval may be required). If client does not pay in full within 10 days from the date on which services were rendered, the client agrees there may be interest charges and late fees added to the outstanding balance. These charges and fees are at the discretion of AQUOSE management and may result in a $50.00 late fee for every 30 days there is an outstanding balance + interest charges, calculated and compounded monthly at 29.9% of the monthly outstanding balance including late fees and interest charges. If any outstanding balance including late fees and interest charges is not paid in full within 60 days, the client agrees that in addition to their outstanding balance including late fees and interest charges, they will pay for any and all costs to collect the outstanding balance including but not limited to AQUOSE administrative costs, collection agency costs, legal costs, court costs, filing fees, etc.
8. DISCLAIMER – AQUOSE does not warrant that any equipment or software is suitable for any particular purpose.
CLIENT ACKNOWLEDGES THAT CLIENT’S COMPUTER DATA MIGHT BE LOST OR DAMAGED DURING OR AS A RESULT OF AQUOSE’S SERVICES TO CLIENT AND THAT AQUOSE CANNOT AND DOES NOT WARRANT OTHERWISE. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS THAT AQUOSE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTAL DAMAGES OR FOR LOSS OF PROFIT, REVENUE OR DATA ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF AQUOSE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
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