ENDEVTEC - SERVICE CONTRACT - Terms and Conditions
By my electronic signature on this form or by having EndevTec appear and/or perform services on a computer or other equipment, including support or training performed remotely and/or by telephone or other communication device, I signify my agreement to the Terms and Conditions of this Agreement.
1. Basic Agreement
This Agreement is between Kerrigan Enterprises Corp doing business as EndevTec and/or its employees, contractors, subcontractors, or third-party service providers (hereafter EndevTec), and the individual or company authorizing or contracting services (hereafter Customer). Customer contracts with EndevTec to provide computer, network, printer, etc., services (hereafter Services) for the problem or service indicated by Customer, at Customer’s home, office, or other location. Customer represents and warrants that he/she is the owner of the equipment to be serviced, or, if not, that he/she is duly authorized to enter into this Agreement, either on his/her behalf or on behalf of the individual or entity who owns, rents, leases, possesses, or controls the equipment to be serviced.
In the event Customer is not the owner of the equipment to be Serviced and does not have authority to enter into this Agreement on behalf of the individual or entity who owns, rents, leases, possesses, or controls the equipment to be serviced, Customer accepts full liability under this Agreement for Services, including the obligation to pay any and all service charges. Customer also accepts liability for any damages arising out of or relating to the Services rendered or attempted to be rendered. Customer acknowledges he/she may be liable for compensatory, special, and punitive damages.
2. Service Charges
EndevTec's Prevailing Rate is hereby defined as the rate listed on the EndevTec webpage, located at https://www.endevtec.com/terms. Customer understands that EndevTec's Prevailing Rate may change from time to time. As of January 1, 2018, the Prevailing Rate for customers is $150.00 per hour.
EndevTec's Extended Rate is hereby defined as the rate listed on the EndevTec webpage, located at https://www.endevtec.com/terms. Customer understands that EndevTec's Extended Rate may change from time to time. As of January 1, 2018, the Extended Rate for customers is a minimum of $225.00 per hour. In the event the Extended Rate will exceed these listed rates, EndevTec will inform Customer of the increased rate prior to performing Services. Customer's subsequent acceptance or authorization of Services will indicate acceptance of the increased rate.
EndevTec's Cancellation Charge is hereby defined as the charge listed on the EndevTec webpage, located at https://www.endevtec.com/terms. Customer understands that EndevTec's Cancellation Charge may change from time to time. As of January 1, 2018, the Cancellation Charge is $75.00.
Labor: Customer agrees to pay EndevTec at the Prevailing Rate for Services provided during EndevTec's normal business hours (Monday – Friday, 8:00 AM - 5:00 PM). Customer agrees to pay EndevTec at the Extended Rate for Services provided by EndevTec during non-business hours. Onsite services provided at the Prevailing Rate or the Extended Rate are billed at a minimum of one hour for each service call. After the initial one hour, Services are billed for actual time. Each additional trip constitutes a new service call. Remote services provided at the Prevailing Rate or the Extended Rate are billed with no time minimum.
In the event Customer declines performance of service or if Customer is not home or not available after a EndevTec representative has responded to a service call, Customer agrees to pay a Cancellation Charge.
Trip Fee: In the event Customer requests service at a location outside the Las Vegas metropolitan area (including North Las Vegas, Las Vegas, and Henderson), a Trip Fee will apply. The amount of the Trip Fee is equal to the EndevTec technician’s reported time for one way of travel from the EndevTec corporate office to the service location, rounded up to the nearest quarter hour. If Customer declines performance of service or if Customer is not present at the service location or is not available after a EndevTec representative has responded to a service call, a Trip Fee will be charged for the round trip instead of one-way travel, rounded up to the nearest quarter hour. The Trip Fee will be charged to Customer in addition to a Cancellation Charge, if applicable. In the event of a dispute by Customer regarding the EndevTec technician’s reported travel time, Customer must send the dispute to EndevTec in writing within 30 days of receipt of the invoice containing the disputed Trip Fee. Resolution of the dispute will be performed by EndevTec management, who will evaluate the Google™ Maps estimated travel time and the particular circumstances of the trip as reported by the EndevTec technician. A decision regarding the dispute will be provided in writing to Customer following evaluation, and any reduction will be applied to the following invoice. EndevTec management decisions relating to Trip Fee disputes are final.
Parts/Other: Any replacement parts, programs, etc., will be charged to Customer by EndevTec.
The Prevailing Rate, Extended Rate, and Cancellation Charge are each exclusive of any federal, state, or local sales or excise taxes. All sales are final.
3. Our Efforts
EndevTec will use its best efforts to correct the problem/provide the service in a timely manner. Customer understands that EndevTec may be required to take items back to its office for further services. Customer acknowledges that each additional trip constitutes a new service call. EndevTec shall furnish an electronic copy of the service report to Customer upon completion of the service call. The service report will identify the nature of the failure and any corrective action performed.
4. Limitation of Liability
Kerrigan Enterprises Corp doing business as EndevTec and/or its employees, contractors, subcontractors, or third-party service providers.
UNDER NO CIRCUMSTANCES SHALL KERRIGAN ENTERPRISES CORP, ENDEVTEC, ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS AND/OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EXPENSES, COSTS, LOSS OF PROFITS, LOSS OF USE, LOSS OF SAVINGS OR EARNINGS, LOSS OR CORRUPTION OF DATA, THEFT, FIRE, THIRD-PARTY LIABILITY, OR OTHER LIABILITY ARISING OUT OF, OR RELATED TO, THE SERVICES PROVIDED BY KERRIGAN ENTERPRISES CORP, ENDEVTEC, ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS AND/OR ITS THIRD PARTY SERVICE PROVIDERS OR OUT OF THE INSTALLATION, UNINSTALLATION, USE OF, OR INABILITY TO USE YOUR COMPUTER EQUIPMENT, HARDWARE, PERIPHERALS, OR THE NETWORK RESULTING FROM THE SERVICES PROVIDED HEREUNDER, OR FOR ANY INJURY OR DAMAGE TO CUSTOMER OR CUSTOMER'S PERSONNEL, INVITEES, LICENSEES, OR PROPERTY, UNLESS SUCH INJURY OR DAMAGE IS CAUSED BY THE NEGLIGENCE OR INTENTIONAL CONDUCT OF ENDEVTEC.
Damages to Customer in any action against EndevTec relating to this Agreement or the performance of services relating thereto shall be limited to the total payments made by Customer pursuant to this Agreement for those Services from which the action arose or to which the action was related. No action regardless of form arising out of or relating to this Agreement may be initiated by Customer more than six (6) months after the date of the service call. No verbal warranty, agreement, or representation, express or implied, by any person or entity, shall modify the warranty or limitation of liability as described herein.
5. Customer Obligations
Customer shall provide free, full, and unimpeded access to the equipment and at no charge, the use of any machines, attachments, or other equipment required to provide the specified Services. Customer shall provide, at no charge, hardware documentation, system diagnostics, adequate working space and conditions, and electrical power and facilities in the immediate area of the equipment to be serviced and reasonable storage space for spare parts and materials. Customer must also cooperate and consent to EndevTec to enter property and work on equipment. IF ENDEVTEC ARRIVES AT THE SCHEDULED SERVICE TIME AND DETERMINES THAT ENDEVTEC DOES NOT REASONABLY HAVE THE ACCESS, COOPERATION, OR SAFE WORKING AREA AS DESCRIBED HEREIN OR AS REASONABLY DETERMINED BY ENDEVTEC, THEN SERVICES MAY BE DENIED, AND A CANCELLATION CHARGE WILL BE ASSESSED.
A competent adult (at least 18 years of age) must be present during the entire time period Services are provided. IF ENDEVTEC ARRIVES AT THE SCHEDULED SERVICE TIME AND NO COMPETENT ADULT IS PRESENT AND/OR NO COMPETENT ADULT MAKES HIMSELF/HERSELF AVAILABLE TO FULFILL CUSTOMER OBLIGATIONS, SERVICES MAY BE DENIED, AND A CANCELLATION CHARGE WILL BE ASSESSED. Customer understands and agrees that prior to contacting or allowing EndevTec to perform Services on Customer’s computer, Customer is responsible to backup the data, software, information, or other files stored on Customer’s computer disks and/or drives. Customer hereby certifies that any and all important data on the machine has been backed up. Customer understands that EndevTec is not responsible for any loss or corruption of data, operating systems, or other software. If requested in the service description of this document, EndevTec will attempt to backup requested data. EndevTec will not attempt to backup software. Customer agrees that this is merely a secondary backup, but that EndevTec cannot guarantee the successfulness of the backup. If EndevTec’ backup is unsuccessful or does not work, EndevTec will rely on Customer's supplied backup to restore data.
6. EXCLUSION OF WARRANTY
UNLESS EXPRESSLY SET FORTH ELSEWHERE IN THIS AGREEMENT, KERRIGAN ENTERPRISES CORP, ENDEVTEC, ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AND/OR ITS THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE FITNESS SUITABILITY OF THE EQUIPMENT ON WHICH THE SERVICES ARE PERFORMED, OR ANY MODIFICATIONS THEREOF FOR ANY SPECIFIC APPLICATION, PERFORMANCE, RESULT OR USE, AND NO WARRANTY OR REPRESENTATION SHALL BE BINDING ON ENDEVTEC UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF ENDEVTEC.
7. Payment/Interest Charges/Bad Checks/Offers to Pay in Full/Attorney's Fees and Costs
Payment is due upon completion of work unless prior arrangements are made. Past due items are subject to a 5% compounding late fee per month, with a minimum charge of $5.00. Checks returned for non-sufficient funds are subject to a $25.00 return check fee, or the maximum allowed by law, whichever is higher, and may be electronically resubmitted. All provisions of the Nevada Revised Statutes 41.620, 597.960, and other applicable areas of Federal, State, and local law will be followed for bad checks.
Offers of “payment in full” or other offers to pay less than amount due must be addressed to: Kerrigan Enterprises Corp, Accounting Department - Offers to Pay Office, PO Box 36792, Las Vegas, NV 89133. Until formally accepted in writing by this department, any offers to pay will not be accepted. If a check or other type of payment is accepted and deposited, this does not constitute an acceptance of payment in full. If offer is not accepted, late charges will apply for all time past due.
Past due items will be submitted to an attorney for collection 90 days from date of service or 60 days from date of invoice, whichever is later. Customer is responsible for payment of all collection expenses, fees, and costs incurred by EndevTec. In any legal action to enforce this Agreement due to Customer's failure to fulfill any obligation, or to defend Services provided according to the Agreement, if EndevTec is the prevailing party, Customer shall be liable for reasonable attorney's fees and costs.
This Agreement shall be interpreted and enforced in accordance with the laws of the County of Clark, State of Nevada. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defenses concerning said forum.
Customer supplies telephone number as well as e-mail to EndevTec so EndevTec can stay in contact with Customer. Unless otherwise requested, EndevTec will send invoices to e-mail. If email is not available, EndevTec can mail a printed copy. EndevTec may use contact information to send you information on products in which EndevTec believes you may be interested. EndevTec may also make this information available to other divisions, subsidiaries, and/or affiliates of EndevTec or Kerrigan Enterprises Corp. However, we will never sell or lease your information to third party organizations. If you do not want your information shared with other divisions of Kerrigan Enterprises Corp, please e-mail email@example.com.
10. Agreement Versions
This Agreement is also available on EndevTec website at https://www.endevtec.com/terms. If there is a conflict between this version and the version available on EndevTec' website, the Website version takes precedence. This Agreement and the documents and webpages referred to herein constitute the entire Agreement between EndevTec and Customer.
Should any part of this Agreement be rendered or declared invalid by a court, magistrate, or authority of competent jurisdiction, such invalidation of such part or portion of this Agreement does not invalidate the remaining portions thereof, and they shall remain in full force and effect.
Updated — March 30, 2018