CLIENT SERVICES AGREEMENT SUMMARY - What You’re Signing
MacMedics will provide training, system administration, network administration, desktop/server support or consulting services (which may include researching, meeting, preparing, documenting, communicating, e-mailing, writing, or any other activity performed by MacMedics or its team on behalf of or for the Client) at MacMedics ’s location, Client’s location, or otherwise (“Client Services”) specified on the Service Order Form (“SOF”).
MacMedics will perform the Client Services with the degree of care, skill and diligence ordinarily exercised by competent professionals under similar conditions and in the performance of similar services with respect to projects of a similar nature to the Client Services.
Unless otherwise agreed, MacMedics will invoice Client based upon a minimum charge per visit to Client’s location of two (2) hours. A mutually agreed upon travel fee may be charged depending on the location of the Client. Client Services provided remotely will have a minimum charge per request of thirty (30) minutes.
Pricing is subject to change if the parameters of the project changes. MacMedics will notify the Client of such changes and corresponding costs and will not proceed without prior Client approval.
Unless otherwise agreed, payment will be due and payable at the completion of the applicable Client Services session. In the event payment is not received within sixty (60) days of an invoice date, Client will be charged interest at five percent (5%) on outstanding amounts.
MacMedics reserves the right to retain a valid credit card number on file.
MacMedics has the right to suspend services for accounts that are past due, and/or convert Client to a credit card pre-authorized payment system or retainer-based billing. MACMEDICS WILL NOT BE LIABLE FOR ANY LOSSES, COSTS OR DAMAGES AS A RESULT OF A SUSPENSION OF SERVICES.
EXCEPT IN THE CASE OF GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD ON THE PART OF MACMEDICS, MACMEDICS WILL NOT BE LIABILE FOR ANY DAMAGES, COSTS, EXPENSES OR LOSSES SUFFERED. IN NO EVENT WILL MACMEDICS BE LIABLE FOR DAMAGES IN AN AMOUNT GREATER THAN THE FEES PAID BY CLIENT. MACMEDICS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY RE-PROCUREMENT COSTS, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR PERFORMANCE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND.
For one year after termination of the agreement, Client will not, without the written permission of MacMedics, directly or indirectly, solicit, hire or otherwise engage the services of any employee or contractor of MacMedics.
The parties agree to accept in confidence all Confidential Information provided to them. The parties further agree not to use or disclose any Confidential Information supplied by the other except as required in accordance with this Agreement. Any disclosure of Confidential Information to agents or employees shall be made only in the normal course of business, on a need-to-know basis. Neither party shall make copies of any material containing Confidential Information, except as authorized in writing by the other.
Client may, at its sole option, terminate any or all Client Services upon two (2) days written notice. Client must pay MacMedics for all Client Services performed through the date of termination.
Either party may terminate the Agreement at any time without notice but the Agreement will remain in effect with respect to any Client Services already started until such Client Services are terminated and/or performance is completed and Client has paid all amounts due to MacMedics.