MAINTENANCE AND SERVICE AGREEMENT by ojp65951

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									                               The System and Network Specialists


                   MAINTENANCE AND SERVICE AGREEMENT
This Agreement is made effective as of ________________________ by and between
_________________________________________, and B.I.T.Technology Inc., 4653 Hastings Street,
Burnaby, B.C., V5C 2K6

In this Agreement, the part who is contracting to receive services shall be referred to as “_____________”
and the party who will be providing the services shall be referred to as “B.I.T.”.

B.I.T. has a background in Computer Systems Integration and is willing to provide services to
_____________ based on this background.

_____________ desires to have services provided by B.I.T.

Therefore, the parties agree as follows:

    1. DESCRIPTION OF SERVICES. Beginning on _______________, 200_, B.I.T. will provide the
       following services (collectively, the “Services”): On-site computer support and services.

    2. PERFORMANCE OF SERVICES. The manner in which the Services are to be performed and
       the specific hours to be worked by BackupIT shall be determined by B.I.T. _____________ will
       rely on B.I.T. to work as many hours as specified in the continuous On-Site Maintenance
       Package to fulfill BackupIT’s obligations under this Agreement.

    3. CALL WINDOW. Should any emergency services be required, all calls are to be dispatched to
       B.I.T. directly via phone or cell. The call window is from 8:30am to 5:00pm local time, Monday
       through Saturday, excluding Sundays and statutory holidays.

    4. RESPONE TIME. The committed response time is an average of 4 hours within the above call
       window.

    5. COVERAGE. Unless specified within this agreement, software and out of warranty hardware
       replacement parts are not included, but as preferred customer, you will be entitled to special
       discounts on them.

    6. CRITICAL ON-SITE NETWORK SUPPORT. If a problem cannot be resolved over the phone
       within a 15-30 minute time block, at B.I.T.’s discretion a system support specialist will be sent on-
       site for resolution.

    7. CUSTOMER REQUIREMENTS. The designated employee must inform B.I.T. of any software of
       hardware problems occurring, including problems with access to network services.

    8. PAYMENT. _______________ will pay a one-time fee to B.I.T. for the services based upon the
       continuous On-Site Maintenance Package.




 4653 Hastings Street,       Burnaby,B.C.       V5C 2K6      T: 604-291-9494          F: 604-291-8484
                                                      -2-
Under our competitively priced on-site maintenance package, one of our technical support specialists will
visit your location on a regular basis to help you with your computer system’s management requirements.
This visit will include inspection and optimization of your systems and will cover any special requirements
stipulated in the contract.

Standard Package:

12 visits a year, approx. 2.5 hours /visit/travel time included.

Should further services be required past the end of 5pm within a business day or required during
Saturday, Sunday or Statutory Holidays, an additional charge shall be added at 1.5 times the applicable
contract rate of $75.00/hour. All prices mentioned do not include applicable taxes.

This fee upon invoicing shall be payable, 10 days after the invoice date.

    9. DISPUTES. Disputes resulting between BackupIT and _______________ will be resolved
       through 3rd party mediation that both parties agree to.

    10. RELATIONSHIP OF PARTIES. It is understood by the parties that B.I.T. is an independent
        contractor with respect to _______________, and not an employee of _______________.
        _______________ will not provide fringe benefits, including health insurance benefits, paid
        vacation, or any other employee benefit, for the benefit of BackupIT.

    11. EMPLOYEES. B.I.T.’s employees, if any, who perform services for _______________ under this
        agreement shall also be bound by the provisions of this agreement. At the request of
        _______________, B.I.T. shall provide adequate evidence that such persons are B.I.T.’s
        employees.

    12. INJURIES. B.I.T. acknowledges B.I.T.’s obligation to obtain appropriate insurance coverage for
        the benefit of B.I.T. (and B.I.T.’s employees, if any). B.I.T. waives any rights to recovery from
        _______________ for any injuries that B.I.T. (and/or B.I.T.’s employees) may sustain while
        performing services under this Agreement and that are a result of the negligence of B.I.T. or
        B.I.T.’s employees.

    13. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be
        deemed delivered when delivered in person or deposited in the Canadian mail, postage prepaid,
        addressed as follow:

        If for ________________________________


        ____________________________________ (Recipient’s name and address)


        If for B.I.T. Technology Inc.:

        B.I.T. Technology Inc.
        Sasa Lukic
        President
        4653 Hastings Street,
        Burnaby, B. C.
        V5C 2K6

    Either party may change such address from time to time by providing written notice to the other in the
    manner set forth above.




 4653 Hastings Street,        Burnaby,B.C.        V5C 2K6          T: 604-291-9494   F: 604-291-8484
                                                    -3-
      14. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there
          are no other promises or conditions in any other agreement whether oral or written. This
          Agreement supersedes any prior written or oral agreements between the parties.

      15. AMENDMENT. This Agreement may be modified or amended if the amendment is made in
          writing and is agreed and signed by both parties.

      16. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable
          for any reason, the remaining provisions shall continue to be valid and enforceable. If a court
          finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such
          provision it would become valid and enforceable, then such provision shall be deemed to be
          written, construed, and enforced as so limited.

      17. APPLICABLE LAW. This Agreement shall be governed by the lows of the Province of British
          Columbia.


Party receiving services:


          ______________________________



By:       ______________________________

          ______________________________


Party providing services:

          BackupIT Technology


By:       ______________________________
          Sasa Lukic, Owner.


SUB TOTAL OF AGREEMENT:(to be negotiated)

PST and GST

AGREEMENT TOTAL                   (to be negotiated)


TOTAL AMOUNT DUE                  (to be negotiated)      DATE: _________________CK# _____




 4653 Hastings Street,        Burnaby,B.C.      V5C 2K6      T: 604-291-9494         F: 604-291-8484

								
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