Remote Help

Remote Desktop Support Agreement

1. Independent Consulting Services:  The Client hereby retains TEC and TEC hereby agrees to perform consulting services upon the terms and conditions contained herein and at consulting fees as outlined below. 
    

2. Services will be billed as follows:  $50 connection fee that includes .5 hours of consulting and then our standard consulting rate for any additional consulting time.  Work performed outside normal business hours (8:00 a.m. through 5:00 p.m. Monday through Friday, excluding holidays) will be charged at 125% of the standard rate.
    

3. Software Licenses:  The Client is fully responsible for all software licensing requirements in its organization.  This includes, but is not limited to, purchasing and maintaining licenses for all software used by the organization in accordance with the software manufacturers’ requirements. 
    

4. Data Protection:  The Client acknowledges that they are regularly performing full backups of their data and have the ability to restore this data.  The Client is wholly responsible for the data protection in its organization including archival of data and virus protection on all servers and workstations.  TEC will assist with the data protection process when necessary, including tape backup procedures, alternative backup procedures, and antivirus updates. TEC does not warrantee or guarantee the effectiveness of data protection hardware or software products being used.  Warrantees or guarantees on these products are provided by the original manufactures.
    

5. Staffing Level:  Service work will be performed and supervised by the appropriate staff members based on qualifications, experience and availability.
    

6. Independent Contractor:  TEC is an independent contractor. TEC employees are not employees of the Client and are not entitled to any Client employment rights or benefits.
    

7. Confidentiality:  TEC agrees that, except as directed by the Client, TEC will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever, or permit any person whatsoever to examine and/or make copies of confidential information.
    

8. Hardware and Software Purchases:  Upon Client’s purchase approval (verbal or written), TEC will act as an Agent of the Client to make hardware and software purchases on behalf of Client.  The Client agrees to reimburse TEC for all costs associated with hardware and software purchases (including shipping and handling).  All purchases require 100% of hardware and software costs due upon the placement of the order. 
    

9. Hardware and Software Warrantee or Guarantee:  Any and all hardware or software warrantees or guarantees are provided by the original manufacturers.
    

10. Ancillary Charges:  Ancillary charges may be incurred during this contract, i.e., cables, connectors, surge protectors, etc.  The Client agrees to reimburse TEC for the cost of these ancillary charges if they are incurred to support the Client.
     

11. Limitation: TEC’s liability, including but not limited to Client’s claims of contributions and indemnification related to third party claims arising out of services rendered by TEC, and for any losses, injury or damages to persons or properties or work performed arising out of or in connection with this Agreement and for any other claim, shall be limited to the lesser of (i) five thousand dollars ($5,000) or (ii) payment received by TEC from Client for the particular service provided giving rise to the claim. Notwithstanding anything to the contrary in this Agreement, TEC shall not be liable for any special, indirect, consequential, lost profits, or punitive damages. Client agrees to limit TEC’s liability to Client and any other third party for any damage on account of any error, omission or negligence to a sum not to exceed the lesser of (i) five thousand dollars ($5,000) or (ii) the payment received by TEC for the particular service provided giving rise to the claim. The limitation of liability set forth herein is for any and all matters for which TEC may otherwise have liability arising out of or in connection with this Agreement, whether the claim arises in contract, tort, statute, or otherwise.
     

12. Remedy: Client’s exclusive remedy for any claim arising out of or relating to this Agreement will be for the Company, upon receipt of written notice, either (i) to use commercially reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which TEC is at fault, or (ii) return to Client the fees paid by Client to TEC for the particular service provided that gives rise to the claim, subject to the limitation contained in Section 6. Client agrees that it will not allege that this remedy fails its essential purpose.
     

13. Inherent risk:  The Client acknowledges that there are inherent risks in upgrading, managing, and maintaining computer technology, and Client warrants it has taken the necessary steps to minimize such risks to Client.  The Client acknowledges that there will be system down time due to maintenance and system failures and holds TEC harmless for lost revenue and productivity during these times.
     

14. Third Parties: The Client will indemnify and hold harmless TEC for any damages that may occur to any and all third parties as a result of this agreement.
     

15. Review of Network Specifications:  The Client has thoroughly reviewed the network specifications as described on Project Detail with all critical software manufacturers.  Based on that review, the system as outlined on Project Detail meets or exceeds all requirements of the organization.

I Agree