PDF Template Computer Service Contract Template
PDF Template Computer Service Contract Template
PDF Template Computer Service Contract Template
The Support Systems agrees to provide the following services for Client subject to the
following terms and conditions:
If any invoice is not paid when due, interest will be added to and payable on all overdue
amounts at ___% per year, or the maximum percentage allowed under applicable laws,
whichever is less. Client shall pay all costs of collection, including without limitation,
reasonable attorney fees.
In addition to any other right or remedy provided by law, if Client fails to pay for the
Services when due, Client has the option to treat such failure to pay as a material breach
of this Contract, and may cancel this Contract and/or seek legal remedies.
3. COSTS AND EXPENSES. In addition to the fees specified above, Client will reimburse
Service Support Systems for any incidental costs and expenses Service Support Systems
incurs in performing services for Client under this Contract, including, but not limited to,
secretarial and similar charges, telephone calls, photocopying and related expenses,
shipping and mailing charges, document filing fees, other government fees, notary fees,
and similar expenses. Costs and expenses will be billed to Client on a monthly basis and
will be due and payable within 15 days thereafter.
6. PRECAUTION. At all times throughout this period, Service Support Systems shall take
all necessary precautions to see to it that there is no damage done to the property of the
Service Recipient.
8. PERMITS AND APPROVALS. The Service Support Systems shall be responsible for
determining which permits are necessary and for obtaining the permits. Also the Service
Support Systems shall pay for all state and local permits necessary for performing the
specific work.
9. LICENSE STATUS NUMBER. Service Support Systems shall comply with all state and
local licensing and registration requirements for type of activity involved in this repair
service.
10. CONFIDENTIALITY. Client, and its employees, agents, or representatives will not at
any time or in any manner, either directly or indirectly, use for the personal benefit of
Client, or divulge, disclose, or communicate in any manner, any information that is
proprietary to Client. Client and its employees, agents, and representatives will protect
such information and treat it as strictly confidential. This provision will continue to be
effective after the termination of this Contract. Upon termination of this Contract, Client
will return to Client all records, notes, documentation and other items that were used,
created, or controlled by Client during the term of this Contract.
12. INDEMNIFICATION. Client agrees to indemnify and hold Client harmless from all
claims, losses, expenses, fees including attorney fees, costs, and judgments that may be
asserted against Client that result from the acts or omissions of Client and/or Client's
employees, agents, or representatives.
13. WARRANTY. Plumber shall provide its services and meet its obligations under this
Contract in a timely and workmanlike manner, using knowledge and recommendations
for performing the services which meet generally acceptable standards in Plumber’s
community and region, and will provide a standard of care equal to, or superior to, care
used by service providers similar to any Plumber on similar projects. That Plumber
further warrants that materials to be used are of good quality. That Plumber will maintain
all manufacturers warranties for the parts replaced or provided during the plumbing
services. That Plumber provides a warranty for a period of 90 days for the plumbing
services provided to Customer. That Plumber’s warranties are limited to the cost of labor
and materials only, and exclude ordinary wear and tear or abuse by others.
14. COMPLETION OF SERVICES. Upon the completion of the plumbing services by the
Plumber, Customer shall see to it that Customer's property is restored to the condition
they were in prior to the entry by the Customer, and the Customer shall see to it that all
portions used by the Customer during the term of this Contract shall be broom clean and
free of debris.
15. DEFAULT. The occurrence of any of the following shall constitute a material default
under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general
assignment for the benefit of creditors, application or sale for or by any creditor or
government agency.
d. The failure to make available or deliver the Services in the time and manner
provided for in this Contract.
16. REMEDIES. In addition to any and all other rights a party may have available according
to law, if a party defaults by failing to substantially perform any provision, term or
condition of this Contract (including without limitation the failure to make a monetary
payment when due), the other party may terminate the Contract by providing written
notice to the defaulting party. This notice shall describe with sufficient detail the nature of
the default. The party receiving such notice shall have 14 days from the effective date of
such notice to cure the default(s). Unless waived by a party providing notice, the failure
to cure the default(s) within such time period shall result in the automatic termination of
this Contract.
17. FORCE MAJEURE. If performance of this Contract or any obligation under this
Contract is prevented, restricted, or interfered with by causes beyond either party's
reasonable control ("Force Majeure"), and if the party unable to carry out its obligations
gives the other party prompt written notice of such event, then the obligations of the party
invoking this provision shall be suspended to the extent necessary by such event. The
term Force Majeure shall include, without limitation, acts of God, plague, epidemic,
pandemic, outbreaks of infectious disease or any other public health crisis, including
quarantine or other employee restrictions, fire, explosion, vandalism, storm or other
similar occurrence, orders or acts of military or civil authority, or by national
emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or
supplier failures. The excused party shall use reasonable efforts under the circumstances
to avoid or remove such causes of non-performance and shall proceed to perform with
reasonable dispatch whenever such causes are removed or ceased. An act or omission
shall be deemed within the reasonable control of a party if committed, omitted, or caused
by such party, or its employees, officers, agents, or affiliates.
18. ARBITRATION. Any controversies or disputes arising out of or relating to this Contract
shall be resolved by binding arbitration in accordance with the then-current Commercial
Arbitration Rules of the American Arbitration Association. The parties shall select a
mutually acceptable arbitrator knowledgeable about issues relating to the subject matter
of this Contract. In the event the parties are unable to agree to such a selection, each party
will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all
three of whom shall preside jointly over the matter. The arbitration shall take place at a
location that is reasonably centrally located between the parties, or otherwise mutually
agreed upon by the parties. All documents, materials, and information in the possession
of each party that are in any way relevant to the dispute shall be made available to the
other party for review and copying no later than 30 days after the notice of arbitration is
served. The arbitrator(s) shall not have the authority to modify any provision of this
Contract or to award punitive damages. The arbitrator(s) shall have the power to issue
mandatory orders and restraint orders in connection with the arbitration. The decision
rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may
be entered in conformity with the decision in any court having jurisdiction. The
agreement to arbitration shall be specifically enforceable under the prevailing arbitration
law. During the continuance of any arbitration proceeding, the parties shall continue to
perform their respective obligations under this Contract.
19. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and
there are no other promises or conditions in any other agreement whether oral or written
concerning the subject matter of this Contract. This Contract supersedes any prior written
or oral agreements between the parties.
21. AMENDMENT. This Contract may be modified or amended in writing, if the writing is
signed by the party obligated under the amendment.
22. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the
State of _________________.
23. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any
provision of this Contract shall not be construed as a waiver or limitation of that party's
right to subsequently enforce and compel strict compliance with every provision of this
Contract.
24. Entire Agreement. This Agreement constitutes the entire agreement between the Parties
to its subject matter and supersedes all prior contemporaneous agreements,
representations, and understandings of the Parties. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing by all Parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective
Date first written above.
____________________________ ____________________________
By: By:
Its: Its: