Service Contract (Form)

Computer Service Agreement Revised 020912

Computer Service Contract

The parties enter this Service Contract on __________________ .
The parties are ComputersUSA! located at 5433M Clayton Road, Clayton, CA 94517, or at stores or locations owned and operated by them hereafter known collectively as CUSA, and,
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________

hereafter known as Customer, enter into this agreement or “Service Contract.”

CONSIDERATION

For valuable consideration as detailed below CUSA agrees to be bound by the following service agreement on the terms specified for computer services rendered to the Customer as contained herein:

SERVICE AGREEMENT

The Customer hereby agrees to pay in advance a service fee on all labor rendered. CUSA’s full retail rate is negotiated downward to create a preferred rate based upon the Customer’s Service Contract Options. This preferred rate is applied to CUSA’s regular service calls and/or periodic service schedule labor fees. The preferred rate applies to labor relating to the repair or replacement of hardware; repair, modification, update, etc. of the software for computers and servers running the Microsoft Windows Operating Systems (O/S) and applications such as: Windows 2000, Windows XP, Windows Vista, Windows 7, Windows 7.5, Windows 8, Windows Server 2003, Windows Server 2008, Microsoft Office, SharePoint Servers and any and all Microsoft products.

Other approved O/S or applications CUSA will support: __________________________________________
_______________________________________________________________________________________ .

A CUSA service technician will render service to the site in person or by using our remote service help desk client. Customer hereby agrees a service technician may use CUSA’s remote access routine to complete all or part of the services rendered. A CUSA representative may connect, has complete access to the Customer’s computer remotely, and may not physically appear on site.

DISCOUNTED HOURLY RATE

Customer desires CUSA’s preferred hourly rate service as indicated:
A Discounted Hourly Rate will be granted from our regular hourly labor rate as published on our Web Site based upon the TERM agreement. Our regular hourly rate is published on our web site and will be changed from time to time; the revision shall be incorporated herein.

Service Contract covers all the labor the CUSA employees render to maintain Customers’ computers and network. The Service Contract covers computer repair and upgrades; network setup and maintenance and peripheral repairs. It covers maintenance on properly licensed O/S (Operating System) software and licensed Customer application software; upgrades, updates, patches, etc. to applications and Operating Systems; malware and virus scans, updates and subscription renewals (but not the cost of the subscription); setup for data backup, recovery, and retrieval; all properly licensed Microsoft application and server products and other such maintenance items Customer desires. Service is scheduled and rendered by the Periodic Service Schedule. See Work to Be Performed below for details.

RATE AND TERM

Customer is purchasing a block of time to be used on-site to service their computers, networks and peripherals as needed. The TERM of this agreement is two years or until the block of time has been used by Customer. The time block may be used in part or in total anytime under the TERM of this agreement.

• 5 hours block of time for $ _____________ total.
• 10 hours block of time for $______________ total.
• 20 hours block of time for $______________ total.

Enroll Computers to Qualify Under This Service Contract
There is no enrollment or qualifying requirements for this Service Contract.

TERMINATION

Either party may terminate this agreement with a 90 day written notice sent to CUSA at the address shown above. Full payment must be received with the termination notice in writing to be effective, otherwise the Agreement is still effect and CLIENT costs will accrue.

In the event of early termination, the termination will be deemed effective immediately upon receipt of written notice of termination and full payment of outstanding amounts. Both parties will release each other from any and all liability, harm or damage for current or past occurrences due to malfeasance, error, no fault or misrepresentation by either party.

PERIODIC WORK MAY BE PERFORMED

If the Customer wants periodic service the following may be performed:
• Antivirus Updates – CUSA may install automated AV systems and keep them updated on a regular basis as part of its Defender Suite.
• Anti Spyware, Malware, and Ad-ware Updates – Some systems may be manual in nature. Automated systems may be installed depending on need as part of its Defender Suite.
• Windows Critical Updates – CUSA may activate Microsoft’s Automatic Updates.
• CUSA’s Defender Suite installation & security updates.
• Registry repairs
• Startup files edits
• Temp files deleted, space recovered
• Scandisks and Defragmentation
• Network software service(s) and drivers for modems, routers and wireless devices.
• Network attached devices (NAS) such as external backup devices, printers, etc.
• Custom setup of O/S and approved Customer applications.
• Discounted Remote Control Help, remote assistance.
• Training and education.
• Wireless network security when applicable.
• Customer’s application software for the following approved software:
o ________________________________________
o ________________________________________
o ________________________________________
o ________________________________________

OPTIONAL

( ) Off Site Backup – CUSA is authorized to send Customer backup data to CUSA’s offsite storage server. Customer authorizes an additional monthly charge according to the terms and conditions presented on our web site, which from time to time may change. See the Web Site for additional details. This service will qualify for the discount negotiated herein.

Periodic Service Schedule
The Periodic Service Schedule is as follows:

( ) Weekly Maintenance ( ) All computers, or ( ) _______ computers.
( ) Monthly Maintenance ( ) All computers, or ( ) _______ computers.
( ) Every Other Maintenance ( ) All computers, or ( ) _______ computers.
( ) Quarterly Maintenance ( ) All computers, or ( ) _______ computers.

• Note: If the number of computers to be serviced is stated that means not all computers will be serviced during each visit. Some will computers be left for subsequent visits and subjected to longer interim vulnerabilities. Critical, management, and servers computers may be serviced each month if desired by Customer.

TO SCHEDULE PERIODIC SERVICE

CUSA will make its best effort to call Customer and schedule periodic service based the Periodic Service Schedule in this agreement. Service will be performed during normal business hours as posted on our Web Site.

Service Calls – CUSA will use its best efforts to offer priority to Customer with response times usually two business days or at a time convenient to Customer. This response time is not guaranteed due to demand on CUSA’s time and the priority of the Customer’s problem. To provide the best service a Service Call should be scheduled before 10:00 AM. Service Calls do not include after business hours, weekends or holidays.

Emergency Calls – CUSA will give top priority to Emergency Calls where networks or workstations are deemed down, non functional, or unable to reboot. CUSA’s response time is usually the same or next business day. Service may be provided on a weekend or after hours which is considered time and a half, holidays are considered double time (discounts do not apply). This does not represent a time frame guarantee for response.

Service is sometimes needed between Schedule of Service calls so we offer additional Service Calls and Emergency Appointments.

REMIT PAYMENTS

Customer agrees to be bound to the total value of this agreement. Customer will remit and render such monthly amounts due within 10 days of the receipt of the service billing; interest will accrue at 3%/month or $2.50 minimum, whichever is higher, thereafter and is deemed in default if not received within 90 days of the receipt of said billing. If the Customer is in default CUSA reserves the right to suspend services or discounts until said fee is brought current.

WEB Site

The CUSA Web site is www.shopcusa.com/.

WARRANTY DISCLAIMER

CUSA does not warrant, either expressed or implied that the Customer’s hardware or software will work as any manufacturer claims it will. All labor performed may not resolve problems encountered by the Customer. CUSA may need to contract out to 3rd parties, at Customer’s expense, to render repair service(s). It is possible that some problems are unsolvable.

Data integrity is the responsibility of the Customer even if the Customer requests CUSA to perform the backup tasks. We recommend Customer review the backup data and approve its integrity on a periodic basis. CUSA is not responsible for data loss for any reason such as system failures or other occurrences beyond our control or influence. The Customer is responsible for data and data backups even if CUSA performs backups on a regular basis.

Other TERMS

( ) Enrollment Schedule, Exhibit A
( ) If checked, see Attachments that are made a part hereof, otherwise this document is the full understanding between the parties. Any and all verbal representations are herein contained.

LEGAL NOTICE

Delivery or notification is deemed made when hand delivered or postmarked by the US Postal Service sent to the address shown above. This agreement constitutes the entire agreement and incorporates all other terms and conditions discussed by representatives of CUSA. If legal action is required by either party to enforce terms of this agreement the prevailing party shall be entitled to court appointed costs.

DEFAULT

Default in any provisions of this agreement by Customer accelerates the entire term of this Agreement and all sums become immediately due and payable.

The undersigned hereby agree to the above agreement as witnessed by their signature below:

Customer _________________________________________________________________ Date______________________

CUSA _____________________________________________________________________ Date______________________