The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services in connection with the business of the Customer.
The Service Provider is agreeable to providing such services to the Customer, on the terms and conditions as set out in this Agreement.
IN CONSIDERATION OF: the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:
Engagement
The Customer hereby agrees to engage the Service Provider to provide the Customer with services consisting of network design; implementation, maintenance, computer repair, network security design; implementation, maintenance, and such other services as the Customer and the Service Provider may agree upon from time to time (the “Services”), and the Service Provider hereby agrees to provide the Services to the Customer.
Performance
Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Compensation
For the Services provided by the Service Provider under this Agreement the Customer will pay to the Service Provider for services rendered at the following hourly rate $100.00 or as agreed to in writing prior to the work being performed. This amount will be due fifteen (15) calendar days after the work is completed.
Late Penalties
The following penalties will be imposed on the Customer for failing to pay the Service Provider by the agreed date. If payment is not paid in full by the due date there will be an additional 5% penalty charge added to the full original amount owed. Additional interest of 18% per annum will accrue after fifteen (15) days of non-payment on the unpaid balance including late fees. Additional interest of 18%
Expenses
The Service Provider will be reimbursed for any approved expenses incurred in connection with providing the
Services hereunder. Customer may choose to provide network equipment to Service Provider for set-up and configuration. Customer shall not enter into a separate agreement for the same services. If another service provider who provides the same services as Artech Solution, Inc. does any work for Customer during the time this agreement is valid, any and all guaranties are terminated immediately. All work performed by Artech Solutions must be paid immediately and will accrue interest of 18% per annum or highest amount allowable by law, whichever is higher. Customer will hold Artech Solution, Inc. harmless for any and all work performed.
Provision of Amenities
The Customer will not be providing the Service Provider with any amenities.
Legal Expenses
In the event that legal action is brought to enforce or construe any term of this Agreement, each party is responsible for their own legal costs and fees.
Confidentiality
The Service Provider acknowledges that a material term of the Agreement with the Customer is to keep all confidential information belonging to the Customer absolutely confidential and protect its release to the public. The Service Provider agrees not to divulge, reveal, report or use, for any purpose, any confidential information which the Service Provider has obtained or which was disclosed to the Service Provider by the Customer.
The obligation to protect the confidentiality of the Customer’s confidential information will survive the termination of this Agreement and will continue for a period of 1 year from the date of such termination.
The Service Provider may disclose any of the following confidential information:
To a third party where the Customer has consented in writing to such disclosure; and to the extent required by law or by the request or requirement of any judicial, legislative, administrative or other governmental body. However, the Service Provider will first have given prompt notice to the Customer of any possible or prospective order ( or proceeding pursuant to which any order may result), and the Customer will have been afforded a reasonable opportunity to prevent or limit any disclosure.
Assignment
This Agreement is a personal one, being entered into in reliance upon and in consideration of the personal skill and qualifications of the Service Provider. The Service Provider will not voluntarily or by operation of law assign or otherwise transfer the obligations incurred pursuant to the terms of this Agreement without the prior written consent of the Customer.
Capacity/Independent Contractor
It is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee in providing the Services hereunder. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them.
Modification of Agreement
Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each party.
Time of the Essence
Time will be of the essence of this Agreement and of every part hereof. No extension or variation of this Agreement will operate as a waiver of this provision.
Severability
In the event that any of the previsions of this Agreement are held to be invalid or unenforceable in whole or in part, all other previsions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Risk
Risk of unforeseen events such as lighting, fire, power surges or power interruption shall be the responsibility of the Customer. Once the equipment is installed risk of loss is the responsibility of the Customer.
Indemnity
The Customer will indemnify the Service Provider from any and all litigations arising from the Customer’s Agreements with the Tenants. In turn, Service Provider will indemnify Customer from any and all litigations arising from the Ser
vices provided by the Service Provider for the Tenants.
Currency
Unless otherwise provided for, all monetary amounts referred to herein will be paid in US dollars.
Governing Law
It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with the governed, to the exclusion of the law of any other forum, by the laws of the State of Florida, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Entire Agreement
It is agreed there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressed in it.
