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1. Term. This Agreement shall commence on the date first above written and will be ongoing until either party submits written notice, per paragraph 8.
2. Service. Client engages WCT to provide Information Technology services at the rates specified herein. Unless otherwise limited or expanded by written addition to this contract, such services shall include:
- General PC maintenance and repair
- Server maintenance and repair
- Network configuration and maintenance
- Firewall maintenance
- Server, Computer, Firewall, and other Network technology hardware
- 3CX software and telephone hardware
- Software sales and troubleshooting
- Cyber Security
- CMMC Assistance
Note: Any hardware items are provided without warranty by WCT. Factory or manufacturer warranties may apply.
3. Rates. Client agrees to pay the following rates, 30 days net of invoice:
Engineer $170.00 per hour
Project $190.00 per hour
Travel 30% off Regular Rate
$2,500.00 pre-pay: Client receives 5% discount on applicable rate.
$5,000.00 pre-pay: Client receives 10% discount on applicable rate.
All services are billed in .5 hour increments.
Any services provided on or off site outside of ordinary working hours (8:00 am to 5:00 pm Mon-Fri) or any time on national holidays will be subject to an after-hours surcharge of $50.00 to the otherwise applicable billing rate. This surcharge also applies to services provided during regular hours on an emergency basis. "Emergency" means that Client request requires WCT to remove a technician(s) from an existing job and assign the technician(s) to your service on an immediate basis.
After hours and holiday work will only be performed with reasonable notice and Client approval.
Projects are defined as new installations or changes that take more than 8 hours to complete. Projects will be discussed with Client in advance.
WCT reserves the right to charge interest at a rate of 1.5% / month for any invoices not paid within 30 days of the invoice being sent, unless WCT is contacted to make sperate arrangements.
4. Exclusions. Unless otherwise noted on a separate addendum, this Agreement does not include:
- Copier Maintenance
- Parts or equipment not covered by manufacturer warranty
- Shipping charges/expense
- Software license, license renewal or upgrade fees
- Third party vendor costs
5. Limitation of Liability. WCT shall not be liable for any indirect, special, incidental or consequential damages arising from any service or goods provided pursuant to this Agreement, including, but not limited to, lost revenue, business interruption or lost profits. As to any goods sold, WCT disclaims any warranty, including any warranty of fitness for any particular purpose. WCT is not responsible for acts of God, power failures or other external casualties or occurrences.
Client agrees to indemnify and hold WCT harmless from and against any claims of loss or damage arising, or alleged to arise, in whole or in part from the acts or omissions of Client.
6. Confidentiality. WCT agrees that it will not use or disclose Client information except as may be necessary or prudent for providing contracted or requested services. If applicable, WCT will execute a HIPAA Business Associate agreement presented by Client. Client shall be responsible for the contents of any such agreement.
7. Changes to Agreement. WCT may make changes to this agreement or pricing with thirty days written notice to Client.
8. Termination. Either party may terminate this Agreement upon thirty days written notice to the other party. In the event of notice of termination, WCT will assist with the transition to alternate provider of services at the rates then in effect under this Agreement. Upon termination by Client, any pre-payment shall be retained by WCT.
9. Entire Agreement. This Agreement, and any attached addenda or amendments, constitute the entire agreement of the parties and supersedes any prior oral or written understandings.
10. Governing Law. This Agreement is governed by the laws of the State of Minnesota. Litigation of any disputes arising under this Agreement shall be venued in the Courts of that state, County of Kandiyohi.