weeks looking at all the others, I found this has to be the best, for ease of use and producing professional looking documentation. I really do not know where our company would be without it."
COMPUTER SERVICES AND INSTALLATION AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer Recitals A. Company has experience and expertise in the development of Networks. B. Customer desires to have Company develop Network for them.
C. Company desires to develop Customers Network on the terms and conditions set forth herein the Network Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. 1. Development of Network. Company agrees to installation management and development of the Network and Network based operations according to the terms listed on Exhibit attached hereto. 2. Specifications. Company agrees to develop the Network pursuant to the Specifications set forth in Exhibit attached hereto the Specifications
3. Delivery Dates and Milestones. Company will use reasonable diligence in the development of the Network and endeavor to deliver to Customer an operational Network no later than delivery date. Customer acknowledges however that this delivery deadline and the other payment milestones listed in Exhibit are estimates and are not required delivery dates. 4. Services Provided. Services described here are provided for Linux Windows Macintosh Sun UNIX systems only unless otherwise specified. 4 Physical Security. Company will provide an operating environment Computer Rooms for all hardware with adequate smoke and heat detectors and inspect existing sprinkler systems to help prevent any damage to hardware from fire.
Company will provide 12 hour UPS backup system for all servers and critical systems to protect against power failure. Company will install and setup security access points to computer room for systems staff to prevent physical attacks intrusions and other unauthorized access. Security reporting will be provided to monitor and report on all access to computer rooms. 4 Data and Network Security. Company will provide monitoring systems for recording unauthorized access and break ins.
Company will automatically close accounts and force password changes as it deems necessary in order to ensure the integrity of the system whenever accounts have been compromised. Company will establish and ensure that proper procedures are in place requiring the use of passwords and other security procedures that meet acceptable security standards. Company will monitor and implement CERT advisories that identify security problems in vendor supplied software. Company will implement any appropriate safeguards it deems fit to prevent unauthorized use of systems increase Network stability and repair or remove identified threats to the Network. 4 Software. Company will install update upgrade and configure software packages Systems required by the Network and manage all email ftp web server name server and other software and services as set forth in Exhibit B. Company will maintain the installation any updates and any daily tasks required for the maintenance of the system software. Company will manage licenses and make long term software recommendations to Customer. Company will setup procedures to ensure that only authorized users can make changes to systems and user software. Company will ensure that any changes to systems software are recorded in log or record format to ensure proper documentation and history of all changes. Company will establish proper procedures to assist in the detection and repair of computer virus or other threats and employ measures aimed at preventing virus from infecting software. Company will monitor and apply any patches upgrades or other fixes necessary for protecting the Network or System software from potential threats as Company becomes aware of them. Company will issue communications to users and managers regarding current threats guidelines and procedures users must follow and communicate policy recommendations to management and assist in documentation. 4 User Accounts and System Administration.
Company will create maintain and audit all user accounts and groups and provide daily reports on Network traffic access impact loads and all other metrics as needed or requested by Customer and set forth in Exhibit B. Company will develop and maintain regular monitoring and reporting on Network operation and performance. 4 Hardware Installation Requirements and Maintenance. Company will install all hardware components as set forth in Exhibit and will maintain and continue to extend Network infrastructure and interfaces as needed. Company will install and maintain any new hardware workstations printers peripherals and be responsible for ordering any needed hardware or services. Company will be responsible for integration of new hardware and manage any third party maintenance and warranty contracts on hardware or equipment. 4 Daily Operations.
Company will be responsible for ordering and maintaining any relevant supplies e. g. cables disks tapes backup media. Company will inspect and maintain printer queues job queues and provide troubleshooting and or arrange for repair services for the Network. Company will develop backup procedures and policies for system and user software and provide adequate testing for all procedures put in place by Company. Company will maintain off site storage of any backup media to ensure Network integrity and protection and will be responsible for setting up daily procedure for backing up all data. 4 General Support Services. Company will be available to respond to questions about Network and systems problems. Company will staff help desk with combination of phone and email support services from 9. am to 5. pm Monday through Friday time zone. Company will be responsible for maintaining an ongoing log of support requests actions taken and track user support requests to completion. 4 Administration and Planning. Company will work with Customer its managers and staff to provide advice on any computing requirements Network and information management user requests hardware and software purchases and assist Customer with negotiations with third party vendors covered under this Agreement as set forth in Exhibit B.
5. Compensation. For all of Companys services under this Agreement Customer shall compensate Company in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Company has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement remove equipment owned by Company whether leased to Customer by Company or not and any Company personnel or staff from Customer location bring legal action. 6. Confidentiality. Customer and Company acknowledge and agree that the Specifications and all other documents and information related to the development of the Network the Confidential Information will constitute valuable trade secrets of Company. Customer shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Companys prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. 7. Limited Warranty and Limitation on Damages. Company warrants that the Network will conform to the Specifications for days after Customer and Company acceptance that the terms of the Agreement have been met. If the Network does not conform to the Specifications Company shall be responsible to correct the Network without unreasonable delay at Companys sole expense and without charge to Customer to bring the Network into conformance with the Specifications. This warranty shall be the exclusive warranty available to Customer. Customer waives any other warranty express or implied. Customer acknowledges that Company does not warrant that the Network will work on all platforms. Customer acknowledges that Company will not be responsible for the results productivity or any other measurable metric not specified in Exhibit obtained by Customer on the Network. Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Company as set forth in Exhibit attached hereto. 8. Independent Contractor. Company shall be retained as independent contractors. Company will be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax social security tax or any other payroll taxes on Companys behalf. Company understands that they will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits including without limitation workers compensation or unemployment insurance.
9. Equipment. Customer agrees to make available to Company for Companys use in performing the services required by this Agreement such items of hardware and software as Customer and Company may agree are reasonably necessary for such purpose. 10. General Provisions. 10 Entire Agreement. This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. 10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court.
10 Binding Effect. This Agreement shall be binding upon and enure to the benefit of Customer and Company and their respective successors and assigns provided that Company may not assign any of its obligations under this Agreement without Customers prior written consent. 10 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 10 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement.
10 No Right to Assign. Customer has no right to assign sell modify or otherwise alter this Agreement except upon the express written advance approval of Company which consent can be withheld for any reason. 10 Indemnification. Customer warrants that everything it delivers to Company is legally owned or licensed to Customer. Customer agrees to indemnify and hold Company harmless from any and all claims brought by any third party relating to any aspect of the Network including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the Network. Further Customer agrees to indemnify Company from responsibility for problems disruptions caused by third party services that Customer may use such as merchant accounts shopping carts shipping hosting services real time credit card processing and other services that relate to the ownership and operation of the Network. 10 Use of Network for Promotional Purposes. Customer grants Company the right to use its work in producing the Network for promotional purposes. Customer grants Company the right to list reference or otherwise identify Customer as client of Company in Companys advertising and marketing. 10 No Responsibility for Loss. Company will have no responsibility for any third party disrupting intruding or otherwise copying files in part or in whole on all or any part of the Network. Company is not responsible for any down time lost files or any other loss that may occur in the operation of the Network. 10. 10 Attorneys Fees.
EXHIBIT E ADDITIONAL SERVICES The project will contain the following additional services. A. Describe each additional service to be included in the project per the terms of the contract and proposal
company name Change Order company name address address city state or province zip or postal code
Phone phone number Fax fax number DATE. current date Order contract reference number Bill To. company name address address city state or province zip or postal code Phone phone number Fax fax number For.
Invoice. Product and or Service Billing. Hourly. hourly rate Fixed Rate. fixed rate Other.
Please provide detailed description of the changes that you would like made to your project. Be as specific as possible. Provide the exact page frame location on the page frame and what corrections need to be made. To avoid duplication and confusion please list all of your corrections on this form. You may attach additional forms as necessary. Agreements PAYMENT TERMS. Net days. 1. 5% Interest monthly on accounts past due days. ACCEPTANCE OF AGREEMENT. The above prices specifications and conditions are hereby accepted. The designer is authorized to execute the project or provide software as outlined in this Agreement. Payment will be made as proposed above. Clients signature Title
GIVING NOTICE OF BREACH OF AGREEMENT DEMANDING CORRECTIVE ACTION current date company name address address
city state or province zip or postal code Phone phone number Fax fax number Re. Our Agreement Dear salutation last name The purpose of this letter is to give formal notice of your breach of our Agreement Insert the title of the contract or agreement which was breached dated start date. Specifically you are in breach of paragraph Insert Paragraph Breached here of the Agreement which provides that Insert description of what was breached Please be advised that if Insert corrective action that must be done will have no choice but to refer this matter to legal counsel for appropriate action.
Thank you in advance for your immediate attention to this matter. Sincerely first name last name job title
company name Project Acceptance Signoff address address city state or province zip or postal code Phone. phone number DATE. current date Order WorkOrder Client. company name
city state or province zip or postal code Phone. phone number For. General Description of Project Deliverables Please initial the following sections which detail the projects deliverables contracted between company name and company name and sign the Acceptance of Agreement at the bottom of this document. Initials Description of Completed Milestone Acceptance of Milestone #1 description here
Acceptance of Milestone #2 description here Acceptance of Milestone #3 description here Acceptance of Milestone #n description here Acceptance of Project per Contract Specifications. ACCEPTANCE OF AGREEMENT.
I certify that have received the above project deliverables from company name and that all deliverables have been demonstrated delivered or otherwise completed to company names satisfaction. further certify and release company name from any further obligation or duty unless otherwise agreed upon in writing. I understand that by signing this agreement release company name from any and all liability tort or claim concerning this project. further understand that all files provided to company name are to be used at company names sole risk and responsibility and all files should be tested prior to sending them to press replication or any other mass production. company name may now charge or invoice company name any outstanding monies owed for completion of the project. Best Practice Note. If billing by credit card the above line should include permission to charge their credit card. This helps reduce your chargeback exposure. Example. Florentine Design Group LLC may now charge the final installment of 390 to AMEX ************345 for completion of the project. Clients signature. Date.
WORK ORDER company name address address city state or province zip or postal code Phone phone number DATE. current date Order WorkOrder Bill To.
company name city state or province zip or postal code Phone phone number For. Insert what you are doing for the customer here DESCRIPTION* HOURS RATE AMOUNT TOTAL Agreements
In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. 1. Development of Project or Services. Customer agrees to engage Company to develop the Project as described above*. 2. Delivery of Project or Services. Company will use reasonable diligence in the development of the project and endeavor to deliver to Customer an operational project no later than delivery date. Customer acknowledges however that this delivery deadline is an estimate and not required delivery date. 3. Ownership Rights. Company shall hold all right title and interest in and to all copyrights patents trade secrets and other intellectual or industrial property rights in the project or any component or characteristic thereof which are proprietary to the Company. Customer shall not do anything that may infringe upon or in any way undermine Companys right title and interest in the project as described in this paragraph 3. Notwithstanding the above Customer shall retain all of its intellectual property rights in any components it owns and transmits to Company for use in the project. 4. Compensation. For all of Companys services under this Agreement Customer shall compensate the Company in cash the amount specified in the total above. In the event Customer fails to make any of the payments referenced by the deadline set forth as invoiced Company has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement remove the project from public access bring legal action. 5. Limited Warranty and Limitation on Damages. Developers warrant the project will conform to the Specifications. If the project does not conform to the Specifications the Company shall be responsible to correct the project without unreasonable delay at the Companys sole expense and without charge to Customer to bring the project into conformance with the Specifications. This warranty shall be the exclusive warranty available to the Customer. Customer waives any other warranty express or implied. Customer acknowledges that the Company does not warrant that the project will work on all platforms. Customer acknowledges that the Company is not responsible for the results obtained by the Customer. Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to the Company. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and the Company and their respective successors and assigns provided that the Company may not assign any of its obligations under this Agreement without prior written consent of Customer. ACCEPTANCE OF AGREEMENT. The above prices specifications and conditions are hereby accepted. The Company is authorized to execute the project as outlined in this Agreement. Payment will be made as proposed above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed
company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Company Initials