Home Service Agreement
Premier iT is engaged in the business of, and has substantial expertise in providing services in the technology, networking, and communications industry.
The Client desires to engage Premier iT to provide such services.
The parties do hereby agree as follows:
Service rates and minimums are as follows:
- 1 Hour Home Visit by a Premier IT Technician: $100
- 2 Hour Home Visit by a Premier IT Technician: $175
- 30 Minute Remote Technical Support Session: $75
- 60 Minute Remote Technical Support Session: $150
- 2 Hour Remote Technical Support Session: $150
For Home Visits
- Minimum 1hr onsite (including travel), billed at 15-minute increments.
- Minimum 15-minute remote, billed at 15-minute increments.
Client will pay for Premier iT’s services via providing their credit card information. By providing payment information, the Client authorizes Premier iT to charge for the services rendered.
Invoices that are past due shall be subject to finance charges of 1.5% per month or the maximum permissible rate, whichever is lesser. If Client’s account is past due, Premier iT may immediately cease providing any and all further services without any liability to client for interruption or pending work or any other claim. If Premier iT refers this matter to an attorney for collection of monies due or enforcement of any of the terms hereunder, Client shall pay all of Premier iT’s expenses incurred in such efforts including, without limitation, court costs and Premier iT’s attorney’s fees.
Client agrees to provide Premier iT with name, contact information, and address, and all appropriate access to resolve the issue.
At Client’s request, Premier iT will contact 3rd party service providers it believes may be the cause of the issue. However, it is the responsibility of the Client to make sure Premier iT is listed as an authorized party that may contact the service provider on behalf of the customer. Client must provide Premier iT with appropriate contact information for such 3rd party service providers.
This Agreement is intended to provide a framework for the maintenance, troubleshooting, and repair of any computer operating systems, software, hardware, materials, equipment, consumables, hardware failures, troubleshooting, and replacements.
The relationship of Premier iT and Client established by this Agreement is that of independent contractors and not that of joint ventures, principals or agents and nothing contacted in this Agreement shall be construed to (i) give either party the power to direct and control the day to day activities of the other, or (ii) allow either party to create or assume any obligation on behalf of the other for any purpose whatsoever.
Warranty/Limitation of Liability.
Premier iT warrants that it will perform all services in a skillful, competent, and workmanlike manner. Notwithstanding the foregoing, the services to be provided by Premier iT is based solely on information and material supplied by client and within Client’s control. Accordingly, Premier iT does not warrant that the services it provides hereunder will produce any particular result or any solution to Client’s particular needs, or error-free operation without interrupted service. Any liability of Premier iT is expressly limited to the fees Client has paid giving rise to the claim and in no event more than the amount Client paid to Premier iT for services rendered. EXCEPT AS PROVIDED IN THIS SECTION, NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SERVICES OR PRODUCTS ARE GRANTED AND PREMIER IT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABLILTY OR FITNESS FOR PARTICULAR PURPOSE. PREMIER IT SHALL NOT BE LIABLE (I) FOR ANY CLAIMS, EXPENSES, DAMAGES OR LOSSES ARISING FROM OR IN CONNECTION WITH THE SERVICE PROVIDED HEREUNDER, OR (II) FOR ANY SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, INTERRUPTIONS ECONOMIC LOSS OR LOSS OF DATA, CLAIMS OF THIRD PARTIES AND INJURY TO PROPERTY WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE. THIS LIMITATION SHALL APPLY EVEN IF PREMIER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Premier iT recognizes that while performing its duties hereunder, Premier iT and its employees may be granted access to certain proprietary and confidential information regarding Client’s business, customers, suppliers and employees. Premier iT agrees to keep such information confidential and the obligations of this paragraph will survive the termination of this Agreement.
Limitations on Actions.
No action, regardless of form, arising from or in connection with this Agreement shall be brought by Client against Premier iT more than two (2) years after the date of completing the services for which the cause of action arose.
This agreement is not transferrable or assignable by either party without the consent of the other. Such consent shall not be unreasonably withheld. Subject to the foregoing restrictions, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. This Agreement is intended to benefit Premier iT and Client and no other parties. It is the express intent of Client and Premier iT that this Agreement is not a third-party beneficiary contract. Any and all matters of dispute of any nature whatsoever arising out of, or in any way connected with this Agreement or the relationship between the parties hereto shall be subject to determinations only by the courts of the State of Minnesota within the County of Hennepin in accordance with the laws of the State of Minnesota. The terms and conditions hereunder supersede any other contract or agreement unless otherwise provided in a writing signed by both parties. The services and equipment provided by Premier iT to Client shall be subject to the terms and conditions of this Agreement. Nothing contained in any other document shall in any way modify or add terms or conditions except as otherwise agreed to in a writing signed by both Premier iT and Client.