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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals HOME COMPUTER SUPPORT AND REPAIR AGREEMENT THIS AGREEMENT made this CurrentDay day CurrentMonth CurrentYear and between Company Technicians and CustFirst CustLastName Customer Agreements consideration the mutual covenants set forth this Agreement Customer and Technicians hereby agree follows Scope Services Technicians shall provide Customer the repair and consultation services described below the Services Work Product Repairs Description Repair Service Time Fixed Amount Allotted Insert description here Hours hours HourlyRate Insert description here Hours hours HourlyRate Insert description here Hours hours HourlyRate Insert description here Hours hours HourlyRate Insert description here Hours hours HourlyRate Insert description here Hours hours HourlyRate Limitation Services Technicians shall not responsible for the following Damaged corrupted inaccessible data files other damage liability resultant from arising out the repairs services provided customer Technicians Ability inability use any hardware related equipment network network resource connectivity Ability inability use any third party service software Compatibility issues with other software hardware related services resultant from work performed Technicians Loss productivity wages income any monetary damage resultant from the proximate cause work performed Technicians Liaising with any billing and accounting matters related payment for software licenses Services other items provided acquired for Customer Technicians Monitoring any kind any operating systems applications services software upgrades patches fixes any other ongoing maintenance obligation between the Technicians and Customer Fixing errors and omissions contained any third party resource outside the direct control Technicians unless otherwise specified Ownership Rights Technicians shall have ownership rights all Technicians Material Technicians Material consists all copyrightable Materials that not constitute Services Work Product defined Section Scope Services Exhibit Payment Terms and Exhibit Specifications Materials that are solely owned Technicians Pre existing works licensed Technicians Materials that are incorporated into the Work Product part the Services Additional materials shall include but are not limited Insert additional materials here Technicians shall hold all rights title and interest and Technicians Material Customer shall not anything that may infringe upon any way undermine Technicians rights title and interest Technicians Material described this paragraph Notwithstanding the above Technicians hereby grant Customer unrestricted nonexclusive perpetual fully paid worldwide license for the use for the sublicense the use any Technicians Material employed under this Agreement Compensation For all Technicians Services under this Agreement Customer shall compensate Technicians cash pursuant the terms Sec Scope Services the event Customer fails make any the payments referenced Sec Technicians have the right but are not obligated pursue any all the following remedies terminate the Agreement breach immediately stop all Repairs and Services bring legal action Mutual Confidentiality Customer and Technicians acknowledge and agree that all information passed directly indirectly between Technicians and Customer including but not limited documentation product specifications drawings pictures photographs charts correspondence supplier lists financial reports analyses and other furnished property shall the exclusive property the respective owner the Owning Party and will held strict confidence Both parties shall keep the Confidential Information confidence and shall not any time during after the term this Agreement without prior written consent from the Owning Party disclose otherwise make available anyone either directly indirectly all any part the Confidential Information Excluded from the Confidential Information definition anything that can seen the public has been previously made available the Owning Party public venue Notwithstanding the above Technicians are under obligation confidentiality when confronted information criminal nature Limited Warranty and Limitation Damages Customer waives any warranty express implied for the Services and Repairs performed under this Agreement Customer acknowledges that Technicians are not responsible for the results obtained Customer when using any Services Work Product produced Technicians Customer waives any claim for damages direct indirect and agrees that its sole and exclusive remedy for damages either contract tort the return the consideration paid Technicians set forth Exhibit attached hereto action regardless form arising out the Services rendered Work Product under the Agreement may brought either party more than one year after the cause action has occurred event shall Technicians held liable for consequential damages Independent Contractor Technicians are retained independent contractors Technicians will fully responsible for payment their own income taxes all compensation earned under this Agreement Customer will not withhold pay any income tax social security tax any other payroll taxes Technicians behalf Technicians understand that they will not entitled any fringe benefits that Customer provides for Customer employees generally any statutory employment benefits including without limitation worker compensation unemployment insurance Independent Contractor Behavior Technicians agree adhere all Customer policies and procedures concerning code and conduct while Customer premises Customer agrees make available Technicians prior the commencement this Agreement all manuals codes rules and regulations that Customer requires Customer staff employees read and sign Insurance Technicians shall maintain throughout the entire term this Agreement adequate general liability insurance providing coverage against liability for bodily injury death and property damage that may arise out based upon any act omission Technicians any their employees agents subcontractors under this Agreement Upon written request Technicians shall provide certificates from their insurers indicating the amount insurance coverage the nature such coverage and the expiration date each applicable policy Technicians shall not name Customer additional insured any applicable policy any time during this Agreement condition acceptance this Agreement Equipment Customer agrees make available Technicians for Technicians use performing the Services required this Agreement such items hardware and software Customer and Technicians may agree are reasonably necessary for such purpose Expenses Technicians will not reimbursed for any expenses incurred connection with the Services Work Product whether direct indirect without the express written approval Customer General Provisions Entire Agreement This Agreement contains the entire agreement between the parties relating the subject matter hereof and supersedes any and all prior agreements understandings written oral between the parties relating the subject matter hereof modification this Agreement shall valid unless made writing and signed both parties hereto Governing Law This Agreement shall governed and construed accordance with the laws the State State Exclusive jurisdiction and venue shall the County County State Superior Court Binding Effect This Agreement shall binding upon and inure the benefit Customer and Technicians and their respective successors and assigns provided that Technicians may not assign any their obligations under this Agreement without Customer prior written consent Waiver The waiver either party any breach failure enforce any the terms and conditions this Agreement any time shall not any way affect limit waive such party right thereafter enforce and compel strict compliance with every term and condition this Agreement Good Faith Each party represents and warrants the other that such party has acted good faith and agrees continue act the negotiation execution delivery performance and any termination this Agreement Right Assign Technicians have right assign sell modify otherwise alter this Agreement except upon the express written advance approval Customer which consent can withheld for any reason Customer may freely assign Customer rights and obligations under this Agreement Payments the event Customer fails make any the payments set forth Exhibit within the time prescribed Exhibit Technicians have the right withhold Services remove Work Product from Customer owned resources seek legal remedy until payment made full plus accrued late charges per month Indemnification Customer warrants that everything Customer gives Technicians the execution performance Services the creation any and all Work Product legally owned licensed Customer Customer agrees indemnify and hold Technicians harmless from any and all claims brought any third party relating any aspect the Services Work Product including but without limitation any and all demands liabilities losses costs and claims including attorney fees arising out injury caused Customer products services material supplied Customer copyright infringement Responsibility for Theft Technicians have responsibility for any third party taking all any part the Services Work Product results Services Work Performed the improper use any third party any Services Work Product produced Technicians Right Make Derivative Works Technicians have the exclusive rights making any derivative works any Services Methodology Work Product Attorney Fees the event any party this Agreement employs attorney enforce any the terms the Agreement the prevailing party shall entitled recover its actual attorney fees and costs including expert witness fees All parties represent and warrant that the date first written above they are authorized enter into this Agreement its entirety and duly bind their respective principals their signatures below EXECUTED the date first written above Customer signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Company signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Customer Initials Technicians Initials
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