Computer-Maintenance-Agreement-Flat-Rate-2006 by zhangyun

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									                                                                               Computer Maintenance Agreement-Flat Rate_ 2006




                     Computer Maintenance Agreement-Flat Rate
This agreement entered into on _______________, 2006 by and between ComputersUSA! located at
1520C Kirker Pass Road, Clayton, CA hereafter known as CUSA, and:




CONSIDERATION
        For valuable consideration as detailed below CUSA agrees to be bound by the following
maintenance agreement on the terms specified for computer services rendered to the Client as
contained herein.


FLAT Rate and SERVICE Fee
          The Flat Rate service covers all labor used to update, patch, clean, clear, remove malware,
immunize, protect, add security suites, (virus & spyware, etc.) repair, or maintain computers under this
maintenance agreement. It does not include materials and supplies, replacement hardware or
software and/or, Client software installations for computers or servers which will be additional and
billed at regular rates. In addition to the Flat Rate paid, Client hereby agrees to pay a Service Fee on
each visit to Client either for the Flat Rate service or for our regular or emergency Service Calls. A
single Service Fee is added to the total charges for computers covered by this agreement.
                         (The current Service Fee is $29.95 per visit. See web site for details)
         A service technician will render service to the site either in person or remotely. To limit costs
and provide better overall service Client agrees a service technician may use CUSA’s remote access
routine to complete all or part of the services rendered. This means a service person may connect,
and has access to, the Client’s computer remotely and may not physically appear on site.


SCHEDULE of Maintenance – Regular VISIT
     Client desires a Regular VISIT for maintenance to be periodic as indicated below:
                 (   ) Weekly
                 (   ) Monthly
                 (   ) Every Other Month
                 (   ) Quarterly

Flat Rate
       Client desires a Flat Rate per Computer Covered:
                 A rate of $__________ per computer will be computed and charged per Regular VISIT
        on each of the Computers Covered during the TERM of this agreement. Our maintenance
        fees and regular hourly rates are published on our web site and will be changed from time to
        time; the revision shall be incorporated herein unless otherwise specified (See TERM). Visit
        www.shopcusa.com or call 925-672-9989 for more information.
        Guideline: 1-4 Computers $37.95; 5-10 Computers $35.95; 10-20 Computers $33.95; 20+ Computers $29.95
Additional Services Rendered
         If service is required outside the Regular VISIT (above) then Client agrees to pay the regular
labor rate for Shop service or Service and Emergency Service calls. This means, the Flat Rate does
NOT cover non- Regular VISIT maintenance calls.

TERM
        The term of this agreement continues from the date of acceptance and for
                 ( ) One year term thereafter, The Flat Rates is subject to change up to 25%.
                 ( ) Two years term thereafter, The Flat Rate is subject to increase up to 10%.
                 ( ) Three years term thereafter, The Flat Rate will NOT increase during the term.

WORK to be Preformed (Checklist)
     CUSA will perform the following monthly service:
                         Data Backups – Backups are still the responsibility of Client
                         Antivirus Updates and Patches
                         Anti Spyware, Malware, and Ad-ware Updates, Upgrades Patches, etc,
                         Windows Critical Updates, Windows Security Updates & Driver Updates
                         Windows Application Software Updates by Microsoft
                         Network Software Service
                         Security Updates
                         Application Software Service for the following software:
                         ________________________________________
                         ________________________________________

                                      Computers Not Serviced DISCLAIMER
                  The estimated time to perform a computer service based upon the above checklist is estimated
        at ½ hour per computer. This time varies due to several factors including Virus and Malware threats,
        required Service Pack upgrades, etc. Servers and PC’s with multiple user accounts may take
        significantly longer. Some “non critical” computers may not be serviced on a specific VISIT to keep
        within the estimated time. Therefore, Client understands that not all computers may be serviced by the
        time a maximum monthly time limit is reached. That is, CUSA may not be able to service all computers
        at Client’s location due to limitations named above. Therefore, computers not serviced in one VISIT will
        be considered for service first during the next scheduled VISIT.



Scheduling Regular Visits, SERVICE CALLS & EMERGENCY CALLS
      Regular Visit - CUSA will call Client to schedule service based on the Schedule of
Maintenance Regular VISIT in this agreement. Maintenance will be performed during normal business
hours as posted on our web site. Regular Visits are not scheduled during holidays or after regular
business hours. There may be a charge of up to $30.00/hour if maintenance is done outside regular
business hours or on holidays.

        Service is frequently needed between Scheduled Regular Visits for non-maintenance items so
                         we offer Service Calls and Emergency Appointments.

         Service Calls - CUSA will use its best efforts to offer priority to Client with response times
usually the next business day or time convenient to Client. This time is not guaranteed due to demand
and the priority of the Client’s problem. To provide the best service a Service Call should be
scheduled before 10:00 AM. This is considered additional service and not part of a Regular Visit.
         Emergency Calls – CUSA will give top priority to Emergency Calls where networks or
workstations are deemed down, non-functional, or unable to reboot. CUSA’s response time is usually
the same or next business day. Service may be provided on a weekend or after hours which is
considered time and a half; holidays may be considered double time. This is not part of a Regular
Visit.
Computers Covered Under This Maintenance Agreement Are:
      Serial or ID No./ Exception: ___________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________ .
       Each computer covered under this agreement must meet minimum standards and requirements set by
CUSA. A site survey will be done and exceptions will be noted above.

Remit Payment
        Client agrees to be bound to the total value of this agreement. Client will remit and render such
monthly amounts due within 10 days of the receipt of the service billing, interest will accrue at
2%/month thereafter and is deemed in default if not received within 90 days of the receipt of said
billing. If the Client is in default CUSA reserves the right to suspend services or discounts until said
fee is brought current.

Termination
         Either party may terminate this agreement with 30 days written notice sent to address shown
above. In the event of early termination by Client the remaining term of this agreement will be
cancelled when a cancellation fee of $250.00 is paid, Full payment must be received with the
termination notice to be effective. The discount granted under TERM will be adjusted to the actual
term utilized under this contract and a short rate may apply. In this event, please call for final balance
due before submitting your final payment.

Web Site
         Our Web site is www.shopcusa.com/

WARRANTY DISCLAIMER
    CUSA does not warrant, either expressed or implied that the Client’s software will work as any
manufacturer claims it will. All labor performed may not resolve problems encountered by the Client.
CUSA may need to contract out to 3rd parties, at Client’s expense, to render repair service(s). It is
possible that some problems are unsolvable.
        Data integrity is the responsibility of the Client. CUSA is not responsible for data loss for any
reason such as system failures or other occurrences, acts of God which is beyond our control or
influence. The Client is responsible for data and data backups even if CUSA performs this duty on a
regular basis.

Other TERMS
         Name the attachment if included herein. See________________________________ .

LEGAL Notice
         This Maintenance Agreement is deemed to have been executed in Clayton, California.
Delivery or notification is deemed made when hand delivered or postmarked by the US Postal Service
sent to the address shown above. This agreement constitutes the entire agreement and incorporates
all other terms and conditions discussed by representatives of CUSA. If legal action is required by
either party to enforce terms of this agreement the prevailing party shall be entitled to court appointed
costs.

         The undersigned hereby agree to the above agreement as witnessed by their signature below:


Client                                                                      Date


CUSA                                                                        Date

								
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