This agreement made on this day of , 201X, by and between Long Island Computer + Technology, located at 162 Central Avenue, Farmingdale, NY 11735 (hereinafter referred to as “Company”) and [client], located at (hereinafter referred to as “Client”)
WHEREAS the Company is in the business of providing consultation and recommendations regarding hardware and software issues;
WHEREAS the Client has need of the services provided by the Company,
IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. Services: Upon being contacted by the Client for services, the Company will schedule a time convenient for both the Client and the Company to perform the services. The specific service to be performed by the Company shall be set forth in a separate writing prior to services being performed. Said writing shall be considered part of this Agreement.
2. Usual Rate: The Company’s usual rate for services is One Hundred Seventy Five Dollars ($175.00) per hour for each technician necessary to complete the services. At times the rate for services may be different than the usual rate. Should the rate for services be different than the usual rate, the rate shall be set forth in the same writing as the services being performed and shall be considered part of this Agreement.
3. Emergency Services and Rate: Should the Client require emergency services, the Company shall provide said services within eight (8) business hours of being contacted by the Client. The rate for emergency services is Three Hundred Fifty Dollars ($350.00) per hour for each technician necessary to complete the emergency services.
4. Payment Schedule: The fee for services shall be paid at the time of service. At times, and at its sole discretion, the Company may elect to allow the Client thirty (30) days to make payment on the invoice for services. Should the client fail to make the payment within thirty (30) days from receipt of the invoice the Company shall institute, and the Client shall pay, a 1.5% monthly finance charge.
5. Discount: At times and in its sole discretion, the Company may elect to discount the invoice for services rendered. Such discount, if offered, shall only be valid for thirty (30) days from receipt of the invoice. Should the invoice not be paid within thirty (30) days said discount shall no longer be valid and the Client shall pay the entire invoice. Additionally, should the invoice not be paid the Client shall be responsible to pay the additional monthly finance charge as set forth above.
6. Travel Expenses: Generally the Company does not charge for travel, however, at times it does become necessary to charge for travel. If it becomes necessary to charge for travel the Company and Client shall agree on the fee rate and expenses for travel. Said fee rate shall be placed in writing and made part of this Agreement.
7. Limitation of Liability: The Company’s liability for any damages to the client shall be the value of the damaged hardware at the time of the damage. The Company shall not be liable for any other damage caused to the Client, including, but not limited to, any lost data, productivity or work hours.
8. Third Party Products/Services: At times the Company may make recommendations regarding third party products and services. The Company makes no representations and/or guarantees regarding said products and/or services and bears no liability on any damages that may be caused by third party products and/or services.
9. Arbitration: If it becomes necessary to take collection actions against the Client, the company may elect to go to binding arbitration instead of seeking satisfaction in a court of competent jurisdiction. Said arbitration shall be held in front of an independent arbitrator agreed upon by both parties. Should the parties fail to agree upon an independent arbitrator, the parties shall utilize the commercial division of the American Arbitration Association closest to the Company’s place of business.
10. Choice of Law, Jurisdiction and Venue: This Agreement shall be construed under the laws of the State of New York. The parties submit to the jurisdiction of the courts of the State of New York, sitting in and for the county of Suffolk.
11. Court Costs and Legal Fees: If the Company shall be successful in its in its action against the Client, whether in arbitration or a court of law, the Client shall reimburse to the company all costs related to the action, including, but not limited to, court/arbitration costs, legal fees and collection costs.
12. Severability: If a court of competent jurisdiction shall find any of the terms and conditions of this Agreement to be invalid as a matter of law, that term and condition shall be stricken, but the remaining terms and conditions shall remain in full force and effect.
13. Full Agreement: This Agreement constitutes the full agreement between the parties. Any previous agreements are now null and void. Any changes or amendments to this Agreement must be in writing signed by both parties.
14. Headings: The headings are for informational purposes only and should not be given any substantive meaning.
Long Island Computer + Technology