Engagement Letter - Rimmer Computer Inc.
RIMMER COMPUTER, INC.
LETTER OF ENGAGEMENT - TIME BLOCK
CLIENT DATE
ADDRESS -HOUR TIME BLOCK @ $ /HOUR
CITY, STATE, ZIP OUTSIDE OF NORMAL BUSINESS HOURS
1.5 X hourly rate
SERVICES PROVIDED/STATEMENT OF WORK: Rimmer Computer, Inc., (hereafter referred
to as Rimmer) provides computer and network support, troubleshooting, repair,
training, planning, technical advice, installation of new hardware/software,
upgrades to existing hardware/software and other tasks as required or requested
by Client.
BILLING: There is a two-hour minimum for on-site support, and a 15-minute
minimum for telephone support. Payment for the total amount of this contract is
due upon Client signature. Rimmer will provide reports monthly, detailing all
work that was accomplished in that month. A monthly service charge of the lesser
of 1 1/2% of the unpaid balance or the maximum permitted by law will be added to
all accounts not paid within 30-days after due date. Rate shown on this Letter
of Engagement (LOE) is subject to change until fully executed by both parties.
All hardware and software purchases will be made directly by Client, or by
Rimmer with the prior approval of Client. Payments for hardware and/or software
purchases made by Rimmer on Client's behalf are due upon placement of the order.
ESTIMATED HOURS: Rimmer makes best-effort estimates of the time required to
perform specific consulting services. These estimates are based upon previous,
similar experiences. Since no two computer installations are exactly alike, it
is not possible to precisely determine the time required for completing computer
services. This is particularly true in the case of trouble-shooting since the
nature of that task includes eliminating an unknown number of potential problem
causes until the cause unique to each situation is identified and corrected.
Rimmer will discuss progress with Client throughout the performance of our
services so that the Client can direct Rimmer's further activities. This LOE
covers hourly on-site support, and is not a fixed price contract.
CLIENT RESPONSIBILITIES: Hardware and software warranties, guarantees, and
manufacturer service will be between Client and the manufacturer(s) and not
Rimmer, even though we may be the reseller. Client is responsible for Client's
final purchase of software and hardware. Rimmer is not responsible for defects
or incompatibilities in either hardware or software, except in cases caused by
Rimmer's willful misconduct or gross negligence. Rimmer can assist Client in
determining compatibility and in resolving errors or problems, as part of our
consulting contract. Client is responsible for data backup, and scanning
drives/diskettes periodically for viruses. Rimmer Computer will assist in
restoring Client's files in case of failure, as part of this consulting
contract. Client is responsible to comply with state and federal laws governing
the use and distribution of software. Client also agrees to hold Rimmer harmless
for, from, and against all claims, losses, judgments, or other actions in
connection with these laws, except in cases caused by Rimmer's willful
misconduct or gross negligence.
WARRANTY AND DISCLAIMER: Rimmer warrants that the work under this LOE will be
performed in a professional manner in accordance with then-current industry
standards. Rimmer disclaims all implied warranties and representations as to
product or services, including but not limited to any implied warranty of
merchantability or fitness for a particular purpose. Client agrees to hold
Rimmer harmless from all lawsuits arising from any specifications supplied by
Client. Should an express or implied warranty be breached, the Client will be
entitled to no more than the actual cost to correct the problem. Further, Rimmer
will not be held responsible for any consequential or secondary damages as a
result of such a breach.
GENERAL PROVISIONS:
1 - It is understood and agreed that each party shall refrain from directly or
indirectly soliciting or inducing any employee of the other to leave employment
or cease rendering services for any reason during the course of performance or
for six months after completion thereof, except where the offering party has
obtained prior express written permission from the other. Both parties agree
that such actions by one party directly and/or indirectly damage the other
party. In liquidation of such damages, the offering party agrees to pay the sum
of $30,000.00 to the other party within 30-days of the offering party's hiring
date of such employee(s) for each employee so hired.
2 - This LOE expires12-months from the date of initial service provided under
this LOE, regardless of hours remaining.
3 - This LOE supersedes any prior written or oral agreements between the parties
and may be modified or amended in writing if such modification or amendment is
signed by both parties. This LOE shall be governed by and construed in
accordance with the laws of the State of Arizona.
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CLIENT DATE
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RIMMER COMPUTER, INC. DATE
7579 East Main Street Suite 600 { Scottsdale AZ 85251-4557 { (480) 970-3336 {
Fax (480) 970-3340 { www.rimmercomputer.com