CHEAP COMPUTER CONSULTING
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT, Agreement number _________ is made on the ______ day of ___________________, 2008 between Consultant representing Cheap Computer Consulting and _____________________________________. Both parties hereby agree to the following: 1. Scope of Services
Consultant shall provide to the Customer the computer & information technology consulting services described below. Services include, but are not limited to: a) service 1 2. Price and Payment Terms
Customer agrees to cooperate with Consultants reasonable requests with respect to the scheduling and performance of the Work to pay Consultant for Work set forth in Section 1 of this Agreement. All prices for services provided by Consultant to the Customer will be agreed upon prior to any Work being performed and quoted in US dollars. The Customer agrees to pay the amount listed on Notice of Billing after services have been provided by Consultant to the Customer. 3. Terms of Service
Unless terminated as provided herein, this Agreement shall extend to and terminate upon completion of Consultants Work as provided in Section 1. Customer may terminate this Agreement without cause. In event of termination without cause, Customer agrees to pay Consultant in the amount determined by Consultant, not to exceed initially agreed upon price, for all Consultants Work performed up to the time of termination. Either party may terminate this agreement for material breach, provided, however, that the terminating party has given the other party at least 14 days written notice and the opportunity to cure the breach. Termination for breach shall not preclude the terminating party from exercising any other remedies for breach. 4. Warranty and Disclaimer
Consultant warrants that Consultants Work will be provided in a workmanlike manner, and in conformity with generally prevailing industry standards. This Warranty is exclusive and is in lieu of all other warranties, whether express or implied, including any warranties of merchantability or fitness for a particular purpose and any oral or written representations, proposals or statements made on or prior to the effective date of this Agreement. 5. Limitation of Remedies
Customer’s sole and exclusive remedy for any claim against Consultant with respect to the quality of Consultants Work shall be the correction by Consultant of any material defects or 1 of 2
deficiencies therein, of which Customer notifies Consultant in writing within thirty (30) days after the completion of that portion of Consultants Work. In the absence of any such notice, Consultants Work shall be deemed satisfactory to and accepted by Customer. 6. Limitation of Liability
In no event shall Consultant be liable for any loss of profit or revenue by Customer, or for any other consequential, incidental, indirect or economic damages incurred or suffered by Customer arising as a result of or related to Consultants Work, whether in contract, tort, or otherwise, even if Customer has been advised of the possibility of such loss or damages. Customer further agrees that the total liability of Consultant for all claims of any kind arising as a result of or related to this Agreement, or to any act or omission of Consultant, whether in contract, tort or otherwise, shall not exceed an amount equal to the amount actually paid by Customer to Consultant for Consultants Work during the twelve (12) month period preceding the date the claim arises. Customer shall indemnify and hold Consultant harmless against any claims by third parties, including all costs, expenses and attorneys’ fees incurred by Consultant therein, arising out of or in conjunction with Customer’s performance under or breach of this Agreement. 7. Miscellaneous
This Agreement replaces all previous agreements and the discussions relating to the subject matters hereof and constitutes the entire Agreement between the Customer and the Consultant with respect to the subject matters of this Agreement. This Agreement may not be modified in any respect by any verbal statement, representation, or agreement made by any employee, officer, or representative of the Company, or by any written documents unless it is signed by an officer of the Company and by the Consultant. If any term or provision of this Agreement is deemed invalid, contrary to, or prohibited under applicable laws or regulation of any jurisdiction, this Agreement shall be invalid.
_________________________________ Customer Name (Print)
_________________________________ Consultant Name (Print)
_________________________________ Customer Signature
_________________________________ Consultant Signature
_________________________________ Date
_________________________________ Date
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