Last updated: July 9, 2016
By the customer agreeing to receiving goods and/or services from CompuGeaux and CompuGeaux agreeing to provide said goods and services; both CompuGeaux and the customer agree to the following Service Terms and Conditions:
1. CompuGeaux shall supply computer maintenance and repair services and other IT services, including, but not limited to the following services: anti-virus and security software installation, data recovery, software installation and upgrade, hardware replacement, system recovery, system update and upgrade, virus removal, Windows installation, networking, web design and hosting, wiring, mounting hardware, and other custom IT services.
2. Scheduling for services and call shall be done at least four hours in advance. CompuGeaux reserves the right to schedule or re-schedule services in accordance with prudent staffing and scheduling policies. Emergency, short term services (unscheduled) requires no advance notice but may incur additional fees. Every effort will be made to accommodate these situations.
3. At time of services, CompuGeaux shall submit a statement to the customer, indicating the charges for services rendered for the provided service. The customer is responsible for any expenses incurred by CompuGeaux necessary for the completion of the Services Agreement. This includes, but is not limited to hard drives, software, and others parts and programs.
4. The customer shall remit payment for said services at receipt of the above statement. If legal action is required to recover the amounts due or to enforce the provisions of this Agreement, CompuGeaux shall be entitled to recover its reasonable attorney’s fees and costs incurred from the customer.
5. CompuGeaux will be compensated at the rate of one and one-half (1 1/2) times the usual fee schedule for holidays and unscheduled services. Holidays include all Federal and/or State and Local Holidays.
6. CompuGeaux agrees to perform its said work and provide services in strict accordance with currently approved methods and practices in its professional specialties. It is further agreed and understood between parties that the sole interest of the customer is to insure that said services shall be performed and rendered in a competent, efficient and satisfactory manner.
7. The parties intend that each of them shall be responsible for its own actions and omissions and for the actions and omissions of its own agents and employees. Neither intends to assume by this contract any liability that is not the result of its own actions or omissions. The customer agrees to defend, indemnify and hold CompuGeaux harmless from any claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from the negligent performance or non-performance of any of its duties or services pursuant to this Agreement. CompuGeaux agrees to defend, indemnify and hold harmless from any claims, damages, losses and expenses, including attorney’s fees, arising out of relating to the negligent performance or non-performance of any of its duties or services pursuant to this Agreement. In the event of a claim or action by a third-party against both the customer and CompuGeaux, the customer shall coordinate their efforts with those of the contracting facility in the settlement and defense of such claim or action.
8. In the event of cancellations of scheduled services, the customer shall not be billed. CompuGeaux requires at least two (2) hours notice prior to cancellation of any scheduled on-site activities. If cancellation is not received, CompuGeaux will bill $.40/mi mileage per contract rate as time and trouble.
9. In providing the services under this agreement, it is expressly agreed that CompuGeaux is acting as an independent contractor and not as an employee. CompuGeaux and the customer acknowledge that this agreement does not create a partnership or joint venture between them, and is exclusively a contract for services.
10. Any amendments or modifications of this agreement or additional obligation assumed by either the customer or CompuGeaux in connection with this agreement will only be binding if evidenced in writing signed by the customer and CompuGeaux. It is further agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressly provided in this agreement.