ColinLINK Computer Consulting
SERVICE AGREEMENT TERMS AND CONDITIONS
Engagement. Upon signing the “AUTHORIZED SIGNATURE” block, this Service Agreement is effectively entered into by and between Colin C. Woods DBA ColinLINK Computer Consulting, a sole proprietorship (hereinafter referred to as "ColinLINK" and/or “Consultant”), and the individual or organization named on the Customer Invoice (herein after referred to as "Customer"). ColinLINK desires to provide and the Customer desires to purchase, from time to time, technical and/or other professional services, including but not limited to Hardware and Software installation, General Computer Troubleshooting, Network Troubleshooting and installation and Data Services. This Agreement between the parties shall constitute a basic agreement of the terms and conditions of which shall apply to each Customer Invoice agreed to by ColinLINK and Customer. In consideration of the mutual promises contained herein, it is agreed:
Term of Service. The projected term of service of each Consultant shall be reflected in the Customer Invoice specifying the Consultant, but may be terminated in accordance with the “Termination” provision, as specified below:
Termination. This Agreement or any Customer Invoice hereafter may be terminated in whole or in part, by either party, upon not less than two (2) business days' written notice to the other party. Customer is obligated to pay for time worked and related expenses upon receipt of the invoice relating to the Customer Invoice.
Payment. Customer shall pay ColinLINK the fixed hourly rate of eighty U.S. Dollars ($80.00), unless otherwise noted. Payment is due in full immediately upon satisfactory completion of specified work (Effective January 1, 2018).
Contract Services. Consultant(s) shall not be deemed to be employee(s) of Customer. Customer acknowledges that the services for which Customer has hereby contracted are presently expected to be non-permanent in nature.
Confidentiality. Materials furnished by Customer, including, but not limited to, documentation concerning software or hardware, studies, plans, reports, surveys, analyses, projections, correspondence, memoranda, Customer and supplier lists, and financial reports are the sole and exclusive property of Customer. Software and/or hardware developed for Customer by Consultant while providing and charging Customer for services, pursuant to this contract, shall be the exclusive property of Customer, unless otherwise agreed upon in writing. Software, hardware, documentation or materials developed by ColinLINK prior to this Agreement or developed by ColinLINK outside of this Agreement and used by ColinLINK to fulfill its obligations under this Agreement will remain the exclusive property of ColinLINK. Upon completion or termination of contract, all aforementioned items belonging to Customer or ColinLINK shall be returned and no copies shall be retained by the non-owning party unless the respective owner has made written acknowledgement.
Limitations of Liability. Customer agrees that ColinLINK’s liability hereunder for damages regardless of the form of action shall not exceed the total amount that was paid for the services performed pursuant to the applicable Customer Invoice. Customer further agrees that ColinLINK shall not be liable for any loss of profits nor for any claim or demand against the Customer by any other parties. No action, regardless of form, arising out of the services rendered under this Agreement may be brought by either party more than one month after the cause of action has occurred. ColinLINK makes no warranties as to the services of Consultant, express or implied. In no event shall ColinLINK be liable for consequential damages.
Arbitration. Any controversy or claim arising out of or relating to this agreement or breach thereof shall be settled by arbitration in South Florida, in accordance with the rules of the American Arbitration Association, and judgment upon any award rendered in such proceedings may be entered in any court having jurisdiction thereof.
Relationship of Parties. The parties herein are acting as independent contractors and have no authority to bind the other in any contractual arrangement.
Prior Contracts. This Agreement shall replace any prior or existing Service Agreements between the parties and this Agreement shall apply to any existing Customer Invoices agreed to by the parties.
General. This Agreement shall be construed in accordance with the laws of the State of Florida. Each provision contained herein is severable from the Agreement and if one or more provisions are declared invalid, the remaining provisions shall nevertheless remain in full force and effect. This Agreement is not assignable by ColinLINK without the prior written consent of Customer.
WEBSITE DISCLAIMER AND LIMITATION OF LIABILITY
IN NO EVENT WILL "COLINLINK" BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE "COLINLINK" OR ANY "CONTENT", EVEN IF "COLINLINK" SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN AGREEMENT, CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY "CONTENT" PRESENTED BY "COLINLINK".
CONTENT (Promotional Or Otherwise) Not Warranted Or Guaranteed In Any Way
"COLINLINK" IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. "COLINLINK" AND/OR ITS "EMPLOYEES" MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO "COLINLINK" , "EMPLOYEES" AND/OR ANY "CONTENT".