The monthly invoice for Offsite Storage - Remote Backup services rendered will be sent by Email or Postal Mail on or near the 1st of the month following the month's service just completed. Pre-Payment for 6 Months will be based upon projected usage, and will have a discount of 5%. Pre-Payment for 12 Months will be based upon projected usage, and will have a discount worth 10%. Storage considerations for pre-payment will be the monthly storage allowance multiplied by either 6 or 12. If the customer goes over that amount of storage, a monthly bill will be generated until the end of the pre-payment term. Re-evaluation of storage needs will occur at the end of each pre-payment term. All invoices will be due on the 15 th of the month following the date of Invoice. All Monthly and Pre-Payment agreements are automatically renewed unless Data-Safe I.T. Services, Inc. is notified 30 days prior to the end of the agreement.
Invoicing for Consulting services for Business Continuity Plan Creation will be sent by Email or Postal Mail on the next business day following completion of the Plan, or bi-weekly if the plan development goes over 2 weeks. For billing purposes a week will run from Monday through Sunday. The hourly rates for worked preformed after normal business hours or on Saturday and Sunday will be at double the standard rate of $75.00 per hour ($150.00 per hour), unless otherwise agreed to by both parties prior to the work taking place. Normal business hours are 8:00am to 5:00pm, Monday through Friday, Indiana Time. Holidays will be charged at Triple the standard rate of $75.00 per hour ($225.00 per hour).
Invoicing for Drive Cloning will be sent by Email or Postal Mail on the next business day following the day upon which cloning service was performed.
All invoices are due upon receipt, and all payments must be made by the 15 th of the month in which the Invoice is dated, and are subject to a 5% late fee if after that time, and 10% if payment is greater than 30 days from date of Invoice. Offsite Storage service can be cut off for non-payment by the 15th of the month in which the Invoice was dated.
All work not specifically quoted or included herein will be billed at DATA-SAFE I.T. SERVICES, INC. current rate for service work. All work shall be bound by the Terms and Conditions of this Agreement. The monthly amounts may be payable in advance, Semi-Annually, or Annually as outlined above, for the period of this Agreement, and any renewals of this Agreement. All charges herein are subject to existing and future federal, state, and local taxes. Such taxes, if any, are payable by the Subscriber. In the event it shall become necessary for DATA-SAFE I.T. SERVICES, INC. to initiate legal proceedings or employ a collection agency to collect moneys due as part of this Agreement, including service fees, the Subscriber shall also pay reasonable attorney or collection agency fees and expenses.
TERMS AND CONDITIONS
1. BACKUP SERVICE: DATA-SAFE I.T. SERVICES, INC. agrees to offer to provide an initial full backup of the subscribers computer(s) DATA FILES ONLY, NO PROGRAM FILES, and then provide partial backups of the clients DATA FILES ONLY, NO PROGRAM FILES, when initiated by subscriber. DATA-SAFE I.T. SERVICES, INC. will store these data files for the subscriber for at least 30 days but no longer than 90 days unless by agreement. Upon the request of the subscriber, DATA-SAFE I.T. SERVICES, INC. will locate and transfer these files to the subscriber's computer, within 48 hours. Subscriber, at an additional charge may also request emergency service, within 4 hours. If SUBSCRIBER declines DATA-SAFE I.T. SERVICES, INC. off to provide a ful backup of DATA FILES ONLY - NO PROGRAM FILES, SUBSCRIBER understands that it is the SUBSCRIBERS responsibility to do so.
2. TERMS OF AGREEMENT: This Agreement shall be 12 months from the date of this Agreement. This Agreement shall be automatically renewable at the option of both parties for periods of the same length the first such renewal period to commence upon the date of expiration of the initial Agreement, unless either party shall notify the other in writing of the intent to cancel. In the event of renewal, the Subscriber shall pay the same amounts as set forth above, subject to any rate increases as specified in Section 6.
3. LIMITATION OF WARRANTY LIABILITY: DATA-SAFE I.T. SERVICES, INC. warrants and represents that the equipment provided will be free from defects in material and workmanship for a period of 90 days after installation. the obligation of DATA-SAFE I.T. SERVICES, INC. under the warranty is limited to the repair or replacement, at DATA-SAFE I.T. SERVICES, INC. option, of a non-conforming product, part or component thereof, except consumable accessories, within a reasonable time after notification. The Subscriber's remedies are limited to DATA-SAFE I.T. SERVICES, INC. obligations stated stated herein, subject to the "EXCLUSIVE REMEDY" set forth in paragraph 4 herein. This warranty extends only to the Subscriber. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS. DATA-SAFE I.T. SERVICES, INC. has not made and makes no guarantee or warranty, including implied warranty or merchantability or fitness, that the system, equipment, or services supplied will avert, avoid or prevent the loss of data or information or the consequences there from, which the system or service is designed to provide. It is mutually understood and agreed that in executing this Agreement, Subscriber is not relying on any advice or advertisement of DATA-SAFE I.T. SERVICES, INC.. Subscriber agrees that any representation, promise, condition, inducement or warranty, express or implied, including those of merchantability and fitness, not included in writing in this Agreement shall not be binding upon any "party." The Subscriber assumes all risk for loss or damage to the Subscriber's equipment and data files except as specified herein.
4. EXCLUSIVE REMEDY: Because of the nature of the services rendered and the system as a whole, it is impractical and extremely difficult to fix the actual damages, if any, which may result from failure on the part of DATA-SAFE I.T. SERVICES, INC. to perform its responsibilities under this contract. Subscriber does not desire this contract to provide full liability for loss, damage or injury due directly or indirectly to occurrences, or consequences there from, which the service or system is designed to deter or avert. In the event DATA-SAFE I.T. SERVICES, INC. should be found liable for loss, damage or injury due to a failure of the equipment or services provided under this Agreement or the equipment in any respect, its liability shall be limited to $250.00, as the agreed upon liquidated damages and not as a penalty. Such liquidated damages is the exclusive remedy for any failure of services or equipment, and the provisions of this paragraph shall apply if loss, damage or injury, irrespective of cause or origin, results directly or indirectly to a person or property from the performance or nonperformance of any obligation of DATA-SAFE I.T. SERVICES, INC. from negligence, active or otherwise, of DATA-SAFE I.T. SERVICES, INC., its agents or employees. It is intended and expressly agreed that the purpose of the preceding provisions are to set an upper limit to the amount recoverable by Subscriber and to fix liability of DATA-SAFE I.T. SERVICES, INC. at a specific sum of $250.00. If Subscriber desires additional liability coverage, it shall be his responsibility to secure it from an insurance carrier or other agency of his choice, at his own expense. Subscriber shall bring no suit against DATA-SAFE I.T. SERVICES, INC. more than one (1) year after the accrual of the cause of action therefore.
5. ALTERATIONS TO EQUIPMENT: The subscriber agrees not to tamper with, alter, adjust, add to, disturb, move, remove or otherwise interfere with the systems described herein, nor permit the same to be done by others. If there is a breach of the foregoing obligation, Subscriber will pay DATA-SAFE I.T. SERVICES, INC. an additional amount for any repairs that are necessary to maintain the integrity of the system. Subscriber hereby authorizes and empowers DATA-SAFE I.T. SERVICES, INC., its agents or employees, to make any changes in, or alterations to, the equipment at the request of the Subscriber at an additional expense to the Subscriber.
6. INCREASES IN SERVICE FEES: Notwithstanding the terms and conditions set forth herein, after the expiration of the initial term of this Agreement, DATA-SAFE I.T. SERVICES, INC. may, at any time, increase the fees and charges upon giving the Subscriber notice in writing. In event Subscriber shall be unwilling to pay the increased monthly charge, the Subscriber may terminate this Agreement upon giving notice in writing to DATA-SAFE I.T. SERVICES, INC.. Failure to notify DATA-SAFE I.T. SERVICES, INC. will constitute Subscriber's consent to the increase and all other terms and conditions of the Agreement shall remain in full force and effect.
7. COMMUNICATIONS CIRCUITS: Subscriber is responsible for the cost and maintenance of all telephone or other communication circuits required for dutiful transmission and system access. All data files are transmitted over communication company circuits, which are wholly beyond the control and jurisdiction of DATA-SAFE I.T. SERVICES, INC. and are maintained by the Communications Company. If these communication circuits are not functional for any reason, the data files may not accurately or completely reach DATA-SAFE I.T. SERVICES, INC. facility or equipment. DATA-SAFE I.T. SERVICES, INC. cannot be responsible for the continued operation or neither functioning of these communication circuits nor the reliability of the data files being received over them.
8. DEFAULT AND TERMINATION: This Agreement may be terminated by either party for breach of contract of the other party, provided written notice of such breach is given and such breach is not cured within thirty (30) days of receipt of such notice. Upon the curing of such breach of contract, the party claiming such breach shall give written notice that the breach has been cured and that the Agreement continues in full force and duration. This Agreement may also be terminated upon notice of DATA-SAFE I.T. SERVICES, INC., in the event DATA-SAFE I.T. SERVICES, INC. computer equipment, communication circuits, or other equipment are destroyed by fire, other catastrophe, or by any other means or is so substantially damaged that it is impractical to continue the service to the Subscriber. This Agreement may also be suspended upon written notice of the Subscriber that the system of the Subscriber has been destroyed or damaged by fire or other catastrophe and that the system must be replaced or repaired. The Agreement shall resume upon repair or replacement of the Subscriber's system.
9. WARRANTY OF SUBSCRIBER: The individual signing this Agreement for the Subscriber warrants that he has the authority to sign this Agreement and permit the installation of equipment and systems described herein, as well as the authority to contract for the services provided herein.
10. COMPLETE AGREEMENT: This document, with specified addenda, is a complete agreement. Any representation, promise, condition, inducement or warranty, express or implied, verbal or written, unless expressed in writing in this Agreement or any Addendum thereto, shall not bind either party and the terms and conditions hereof apply as printed without alteration or qualification except as specifically endorsed thereon in writing. A judicial determination nullifying any clause or condition herein shall not be deemed to nullify the balance of this Agreement, which shall remain in full force and effect.
11. VACATION: DATA-SAFE I.T. SERVICES, INC. will take vacation at DATA-SAFE I.T. SERVICES, INC. discretion and will notify SUBSCRIBER in writing of said vacation. No on-site service will be provided during this vacation period and DATA-SAFE I.T. SERVICES, INC. will not be held liable for any losses during this vacation period.
12. PASSWORD SECURITY: It is the FULL responsibility of SUBSCRIBER to write down the encryption password that SUBSCRIBER chose during initial installation of service. DATA-SAFE I.T. SERVICES, INC. will not be held responsible of loss of password and does NOT maintain client passwords. SUBSCRIBER understands that without the password, the encrypted stored data can not be retrieved and shall not hold DATA-SAFE I.T. SERVICES, INC. responsible in any way for any losses of any kind whatsoever.
This Agreement shall not be binding upon DATA-SAFE I.T. SERVICES, INC. unless accepted by an officer of DATA-SAFE I.T. SERVICES, INC.. In the event of Non-Approval, the sole liability of DATA-SAFE I.T. SERVICES, INC. shall be to refund to the subscriber any amount that has been paid by the Subscriber as part of this Agreement