Tech Solutions

This agreement is between Tech Solutions (the “Provider”) and You (the “Customer”).

1. DEFINITIONS

In this agreement the following words and expressions shall have the following meanings:

"Agreement Period" means the period set out in clause 2.

"Commencement Date" means the date set out in clause 2.

“Remote Service Charges” means the charges specified in clause 3 of this agreement that are to be paid by the Customer for Services.

“Remote Services” means maintenance and troubleshooting services, provided by phone or internet, required to fix issues and keep the Customers equipment in good working condition.

"Renewal Period" means the period set out in clause 2.

“Service Hours” means hours between 09:00 and 19:00 Monday to Friday, excluding public holidays.

2. TERM

This agreement shall commence upon receipt of the first subscription payment as per clause 3b and shall remain in force for three months unless terminated in accordance to clause 8. 

Thereafter, this agreement will automatically renew on a monthly basis, provided that the Customer pays the current renewal fee to the Provider, unless either party terminate this agreement in accordance to clause 8.

3. REMOTE SERVICE CHARGES

a.         The Remote Service Charges shall cover all services provided in clause 4. However, the Remote Service Charges will not cover the costs of any parts, software, manuals, materials or other disbursements which may be necessary or requested by the customer. The customer will be billed separately for these costs as they occur.

b.         The Remote Service subscription is charged at €20 per calendar month, inclusive of up to 2 hours service. All additional work will be charged at the standard rate of €30 per hour.

c.         The Customer shall pay all other costs within 7 days of receipt of invoice.

d.         The Provider shall be entitled to adjust the monthly Remote Service charge by giving the Customer 14 day’s written notice and will take effect when the next Remote Service charge is due.

e.         No such adjustment will take place within the initial Agreement Period.

4. REMOTE SERVICES

a.         The Provider agrees to provide the Remote Services to the Customer in respect to the equipment on the terms and conditions set out in this agreement.

b.         After the acceptance of this agreement, in exchange for the payment of the Remote Service Charge, the Provider will perform troubleshooting and maintenance services as requested by the Customer.

c.         The Remote Service subscription allows for up to two hours service in any given calendar month. Thereafter support will be billed at the standard rate and invoiced at the end of the current subscription period. The Customer will be informed immediately if they exceed their time allowance.

d.         All additional work that cannot be performed as part of the Remote Service will require a technician callout, and will be charged at the Providers standard rates.

f.          The Provider shall endeavor to respond promptly and if possible, within 24 hours to requests for Remote Service.

g.         The Provider shall provide Remote Services during the Service Hours as requested by the Customer. Provision of Remote Services outside the Service Hours will be entirely at the discretion of the Provider.

5. CUSTOMER’S OBLIGATIONS

a.         The Customer will cooperate with the Provider in connection with the Provider’s performance and provide full and free access to the Equipment, adequate working space and facilities such as electrical outlets within a reasonable distance from the Equipment.

b.         The Customer shall obtain, keep and make available to the Provider machine readable copies of all programs, operating systems, drivers and data files relating to the Equipment. The Provider does not assume any liability as a consequence of the Customers inability to use its machine readable data.

c.         The Customer shall not modify, create any derivative work of, or incorporate any other equipment into the network or any portion thereof. The Provider shall not be responsible for any maintenance of, or the repair of problems or malfunctions caused by any modification or enhancements made by the Customer or by anyone else other than the Provider.

6. BACK-UP

Any additional labour incurred in attempting to recover lost files while the Customer has not maintained proper backup procedures will be charged at the Provider’s standard charges.

7. WARRANTIES AND LIABILTY

a.         Maintenance Service provided under this agreement does not guarantee un-interrupted operation of the Customers computers, peripherals and network related to regular work.

b.         The Provider, its directors, officers, employees and/or consultants are not liable for any damage, including loss of business, loss of profits, loss of opportunity or any other indirect or consequential loss of damage whatsoever in connection with the Provider’s performance under this agreement and the Customer hereby indemnifies the Provider in respect of same.

c.         The Provider has no responsibility for or liability to correct, validate, bring into compliance or make any other remedy any problem with the programs that is caused in whole, or in part by the improper or inadequate installation of the Customer, or any incompatibility of the Customers environment, hardware or software with the programs.

8. TERMINATION

a.         The Provider may terminate this agreement at any time by giving at least 14 days prior written notice to the Customer not earlier than 30 days from the Commencement date.

b.         The Customer may terminate this agreement immediately at any time provided that it is responsible for the full amount of all maintenance payments due until the end of the term.

c.         Either party may terminate this agreement immediately at any time by notice in writing if:

- The other party is declared insolvent or a liquidator, manager, trustee, receiver or similar officer is appointed over any of its assets.

9. SEVERANCE

If any provision of this agreement is held invalid, unenforceable or illegal for any reason by court of competent jurisdiction, the validity, enforceability or legality of the remainder of this agreement shall not be in any way affected or impaired thereby.

10. GOVERNING LAW AND JURISDICTION

This agreement shall be governed by and construed in accordance to Irish law and the parties submit to exclusive jurisdiction of the courts of Dublin, Ireland.

11. NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the most recent email address, fax number or address notified to the other party, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

12. NON WAIVER

The failure of either the Customer or the Provider to insist upon strict performance of any of the provisions contained herein shall in no way constitute a waiver of future violations of the same or any other provision.