THIS AGREEMENT is made as the ____ day of ___________ 2007
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__________________________ __________________________ __________________________ Hereinafter known as
("Client") and |
Landmark
Industries, Inc. Mike
Magnant Hereinafter
known as ("Service Provider") |
In the event of a conflict in the provisions of any attachments hereto and the provisions set Forth in this Contract, the provisions of such attachments shall govern.
Service Provider agrees to perform for Client the services listed in the Scope of Services section in Exhibit A attached hereto, for the amounts listed in Exhibit A, for the time period described in Exhibit A, and executed by both Client and Service Provider. Such services are hereinafter referred to as "Services". Client agrees that Service Provider shall have ready access to Client's staff and resources as necessary to perform the Service Provider's services provided for by this Contract. Services are not limited to Service Provider configured and installed hardware and software.
Client agrees to pay Service Provider for Services in accordance with the schedule contained in Exhibit A attached hereto and executed by both Client and Service Provider.
Client shall pay the amounts agreed to herein upon receipt of invoices which shall be sent by Service Provider, and Client shall pay the amount of such invoices to Service Provider.
Each party hereto ("Such Party") shall hold in trust for the other party hereto ("Such Other Party"), and shall not disclose to any non-party to the Agreement, any confidential information of Such Other Party. Confidential information is information which relates to Such Other Party's research, development, trade secrets or business affairs. Service Provider hereby acknowledges that during the performance of this Contract, the Service Provider may learn or receive confidential Client information and therefore Service Provider hereby confirms that all such information relating to the client's business will be kept confidential by the Service Provider, except to the extent that such information is required to be divulged to the Service Provider's clerical or support staffer associates in order to enable Service Provider to perform Service Provider's Contract obligation and except to the extent required by competent legal authority.
Service Provider is an independent Contractor and neither Service Provider nor Service Provider's staff is or shall be deemed to be employed by Client. Client is hereby Contracting with Service Provider for the services described on Exhibit A and Service Provider reserves the right to determine the method, manner and mean by which the services will be performed. Service Provider is not required to perform the services during a fixed hourly or daily time and if the services are performed at the Client's premises, then Service Providers time spent at the premises is to be at the discretion of the Service Provider; subject to the Client's normal business hours and security requirements. Service Provider hereby confirms to Client that Client will not be required to furnish or provide any training to Service Provider to enable Service Provider to perform services required hereunder. The services shall be performed by Service Provider or Service Provider's staff, and Client shall not be required to hire, supervise or pay any assistants to help Service Provider who performs the services under this agreement. Service Provider shall not be required to devote Service Provider's full time nor the full time of Service Provider's staff to the performance of the services required hereunder, and it is acknowledged that Service Provider has other Clients and Service Provider offers services to the general public. The order or sequence in which the work is to be performed shall be under the control of Service Provider. Except to the extent that the Service Provider's work must be performed on or with Client's computers or Client's existing software, all materials used in providing the services shall be provided by Service Provider. Service Provider shall be obligated to complete the services agreed upon and shall be liable for non-performance of the services to the extent and as provided in the Limited Warranty section included below. Client shall not provide any insurance coverage of any kind for Service Provider or Service Provider's staff, and Client will not withhold any amount that would normally be withheld from an employee's pay. Service Provider shall take appropriate measures to insure that Service Provider's staff is competent and that they do not breach this Agreement. Each of the parties hereto agrees that, while performing Services under this Agreement, and for a period of six (6) months following the termination of this Agreement, neither party will, except with the other party's written approval, solicit or offer employment to the other parties’ employees or staff engaged in any efforts under this Agreement. Client is not liable for the conduct of Service Provider or his staff/employees. Service Provider Shall compensate Client for any attorney’s fees and costs expended as a result of defending itself in litigation which occurred due to the conduct of Service Provider or his staff/employees.
Except as specifically set forth in writing and signed by both Client and Service Provider, Service Provider shall have all copyright and patent rights with respect to all materials developed under this Contract, and Client is hereby granted a non-exclusive license to use and employ such materials within the Client's business at the supported location (see Exhibit A) and only on Service Provider configured and installed hardware and software. The contents of the Client’s website and any databases developed for this project become the property of the Client after 6 months from the date of the signing of this Contract. The domain name is the property of the Client. If the complete responsibility for the website is removed from the Service Provider, then any mention of the service responsibility for the content or capabilities of the website that refer to the Service Provider, must be removed from the site.
The following individual, __________________, shall represent Client during the performance of this Contract with respect to the services and deliverables as defined herein and has authority to execute written modifications or additions to this Contract.
Any disputes that arise between the parties with respect to the performance of this Contract shall be submitted to binding arbitration by The American Arbitration Association, to be determined and resolved by said Association under its rules and procedures in effect at the time of submission and the parties hereby agree to share equally in the costs of said arbitration. The final arbitration decision shall be enforceable through the courts of the State of Florida or any other state in which the Client resides or may be located. In the event that this arbitration provision is held unenforceable by any court of competent jurisdiction, then this Contract shall be as binding and enforceable as if such provision were not a part hereof.
Any and all taxes, except income taxes, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by the Client. Service Providers shall be responsible for any taxes or penalties assessed by reason of any claims that Service Provider is an employee of Client and Client and Service Provider specifically agree that Service Provider is not an employee of Client.
LIMITED WARRANTY
Service Provider warrants to Client that the material, analysis, data, programs and services to be delivered or rendered hereunder, will be of the kind and quality designated and will be performed by qualified personnel. Special requirements for format or standards to be followed shall be attached as an additional Exhibit and executed by both Client and Service Provider. Service Provider makes no other warranties, whether written, oral or implied, including without limitation, warranty of fitness for purpose or merchantability. In no event shall Service Provider be liable for special or consequential damages, either in Contract or tort, whether or not the possibility of such damages has been disclosed to Service Provider in advance or could have been reasonably foreseen by Service Provider, and in the event this limitation of damages is held unenforceable then the parties agree that by reason of the difficulty in foreseeing possible damages all liability to Client shall be limited to One Hundred Dollars ($I00.00) as liquidated damages and not as a penalty.
This agreement contains the entire agreement between the parties hereto with respect to the matters covered herein. No other agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Service Provider by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Client acknowledges that it is entering into this Agreement solely on the basis of the representations contained herein.
This Agreement shall be construed in accordance with the laws of the Florida.
If the scope of any of the provisions of the agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereto fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law,
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Notices to Client should be sent to:
______________________________
______________________________
______________________________
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Notices to Service Provider should be sent to: Landmark Industries, Inc. Attn: Mike Magnant 4006 Water Park Ct. Riverview, FL 33569-3038
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After receipt of an order by the Client which adds to the Services, Service Provider may, at its discretion, take reasonable action and expend reasonable amounts of time and money based on such order. Client agrees to pay Service Provider for such action and expenditure as set forth in Exhibit A of this Agreement for payments related to Services.
This Agreement may not be assigned by either party without the prior written consent of the other party. Except for the prohibition on assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefits of the heirs, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first above written.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
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Client Signature ____________________(Printed Name) ____________________(Title) |
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Service Provider Signature Mike Magnant Principal Consultant |
Exhibit A
Scope of Services
The best way to characterize
this agreement is, you are adding an Information Manger or Chief Information
Office (CIO) to your staff. A consultant,
who represents you and your company, with independent responsibility for
Information Technology who will:
Additional
resources will be included as necessary to provide a quality product that is
compatible with your day to day business routine. Client will provide Service
Provider with a written set of specifications for all requested changes.
Additional hours are charge based on the Service plan
selected at the Service Provider current hourly rate as shown in Exhibit C.
Service Provider will be allowed to install all necessary software on
Service Provider's equipment located at Service Provider's normal place of
business.
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Client Signature ________________________ (Printed Name) ________________________ (Title) |
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Service Provider Signature Principal Consultant |
Exhibit B
Client will pay Service Provider an initial and then annual fee in
advance for which the Client receives 8 scheduled hours of on-site support
per month a $600 value for $300, and has unrestricted use of the consulting and services outlined in
Exhibit A for one year from the date of the agreement. Client will be one of a
limited number of Clients who receive this service. Additional hours will be charged in
accordance with Exhibit C with a 50% discount with a minimum one hour plus trip
charge if applicable. Telephone support
EXAMPLE: On-Site Service 1 Hour minimum.
Regular Price $75.00, YOUR
Gold Service is $3600.00 annually.
Client will pay Service
Provider an initial start up and then annual fee in advance for which the
Client receives 4 scheduled hours of on-site support
per month a $300 value for $150, and has unrestricted use of the consulting and services outlined in
Exhibit A for one year from the date of the agreement. Client will be one of a
limited number of Clients who receive this service. Additional hours will be charged in
accordance with Exhibit C with a 25% discount with a minimum one hour plus trip
charge if applicable. Telephone support
EXAMPLE: On-Site Service 1 Hour minimum.
Regular Price $75.00, YOUR
Gold Service is 1800.00 annually.
Green service
Client will pay Service
Provider an initial start up and then annual fee in advance for which the
Client receives 2 hours of services. Additional hours will be
charged in accordance with Exhibit C with a 15% discount with a minimum one
hour plus trip charge if applicable.
Telephone support
EXAMPLE: On-Site Service 1 Hour minimum.
Regular Price $65.00, YOUR
Blue Service is
$1350.00 annually.
Red Service (Available only to existing clients or within
10 miles of my address)
Client will pay Service Provider a monthly fee of $60.00 in advance for
which the Client is scheduled for two hours of services. Additional hours (one
hour minimum per trip) will be charged in accordance with Exhibit C with a 50%
discount. Telephone support
EXAMPLE: On-Site Network
Service.
Regular Price $80.00, YOUR
Red Service is $60.00
per month.
Gold Service [ ] Blue Service [ ] Green Service [ ] Red Service [ ]
(Client Initial in the appropriate box)
Service Provider will invoice Client at the end of every calendar month
for services provided. Client will pay all invoices when submitted. All checks are to be made payable to
“Computer Tutor” and sent to Service Provider at
Landmark Industries,
Inc.
Attn.
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Client Signature ________________________ (Printed Name) ________________________ (Title) |
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Service Provider Signature Principal Consultant |
Exhibit C
Price Schedule:
We've got all the
technical services and support you will ever need - no matter where you purchased
your computer. Our friendly I.T. expert is ready to help with
your problem – no matter how big or small - and get you back online
quickly.
** TELEPHONE SUPPORT is only available
with Support Programs **
Installation and Technical Services Available:
I. T. Service Call – On-Site
Support of a Information Technology Issue
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$75.00 |
Network Call – On-Site
support of a network, Two or more
computers sharing resources.
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$95.00 |
I. T. Phone Support – Over
the phone assistance, minimum 10 minutes
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$65.00 |
I. T. Research or Development
from my office for your business
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$65.00 |
I. T. Training
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$40.00 |
I. T. Training Scheduled 8
Hours.
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$280.00 |
Parts Purchase: Percentage
below added to the price of the item.
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20% |
Trip Charge
Trip charges associated with an on-site service
call. Greater than 10 miles or 30 Minutes
from my business address. Scheduled less than 48 hours in advance.
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$25.00 |
Priority Service (All members with a Support Plan receive Priority
Service)
Priority service is available
to those customers who are unable to wait the normal turn-around time for
repairs to their system. This charge is added to the sale above and beyond the
regular price of the service to be performed.
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$50.00 |
Services:
Virus Scan/Clean
Used for the detection
and/or cleaning of a virus from a customer's mass storage device (hard
drive).
Peripheral Card Installation
Covers the charge
related to the installation of any peripheral card. Included in installation are
basic testing and the loading of any drivers required for testing.
Memory/Processor Upgrade Installation
Installation of memory and processor upgrade services.
Mass Storage Installation
Installation of all
mass storage hardware, Included are Hard Drives, CD-ROM, Tape Drives, Optical
Drives etc. Does not include data
transfer from old drive to new drive.
Application
Installation (Floppy 1-10 Disks)
Installation of floppy
disk based application software, installation is completed at a default level
and does not include customization.
Application Installation Additional Disk
Installation of floppy
disk based application software. Use in addition to above for each disk greater
than 10. Installation is completed at a default level and does not include
customization.
Data Transfer
For use during a Mass
Storage Installation when the transfer of data is required from one storage device
to a new storage device. For example, data on 500mb
an upgrade. (Excludes endows 95/98 and applications.)
Application Installation (CD-ROM)
Installation of CD-ROM based application software.
Installation is completed at a default level and does not include
customization.
OS Installation (default configuration)
Installation of Operating System software(Windows
98/ME). Installation is completed at a default level and does not include
customization.
Multimedia Installation
Installation of a Multimedia Kit.
Windows 95/98
Installation
Default installation
of Windows 98/ME on a newly formatted hard drive, or perform a default upgade on an existing compatible Windows system. Does not
include special configuration or diagnosis of compatibility issues, which may
arise during upgrade or install.
Non-Delivered
Installation
Installation of a
computer system, which was delivered to the site previous to the installation
by means other than My I.T. Person.
Delivery and Installation
Delivery and installation of a computer system
purchased from My I.T. Person.
Web Design
Basic
Contains up to Two pages of text, 1 email link, up to
5 links of your choice, up to 3 graphics files you provide or from our flies, background
and text colors of your choice.
Starting Cost: $165.00 $120 per year
Standard
Contains up to six pages of text, 3 email links, one
scanned logo/artwork, up to 10 links of your choice, up to 6 graphics, background
and text colors of your choice, and an access counter.
Starting Cost: $350.00 $166 per year
Professional
Contains up to ten pages of text, up
to 3 email links, three-scanned logos/artwork up to 6 graphics, up to 15 links
of your choice, an access counter, and one form.
Starting Cost: $500.00 $204 per year
Deluxe
Contains up to fifteen pages of text, up to 3 email
links, seven scanned logos and/or artwork, up to 10 graphics, up to 20 links of
your choice, an access counter,
and three forms.
Starting Cost: $750.00 $266 per year
Web Support
Monthly updates (12) & minor changes for your Web Site.
Site submission to major web site done monthly to keep you out front with
search engines. Reduced cost for
additional pages only $25.00. (Currently a new page would be $99.00.) Shopping
Cart page changes are $10.00 per page
Silver Support is $40.00 per month with a 1-year
minimum.
Monthly updates (6) & minor changes for your Web Site. Site submission to major web site done
monthly to keep you out front with search engines. Reduced cost for additional
pages only $25,00. (Currently a new page would be $99.00) Shopping Cart page
changes are $10.00 per page.
Green Support is
$55.00 per month with a 6-month minimum.