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Remote
Technical Support Agreement
We Fix It or It's Free:
HoBITS technician will diagnose Your problem, recommend
a solution and provide a quote to solve Your problem. HoBITS
guarantees our recommended solution will fix your problem,
or there is no charge. You will never pay more than the
quote for the recommended solution. If you don’t authorize
our recommended solution, then you only pay the minimum
diagnostic fee, which will never exceed $80.00.
You, the client, agree to pay HoBITS, Inc. at the rate of
$20.00 per 15 minute segment for Remote Technical Support
services. HoBITS, Inc. services will be provided by a
qualified engineer who will deliver support by phone and, if
necessary and if permitted by you, via remote access to your
computer or network. HoBITS, Inc. will make all best efforts
on your behalf to resolve your information technology
issues. You, the client, are responsible for compensating
HoBITS, Inc. for time expended on your behalf, whether an
immediate solution is implemented or a future work-around or
alternate solutions are recommended.
If
the technical issue cannot be resolved remotely and you, the
client, agree to allow a HoBITS, Inc. engineer, if
available, to perform the requested services onsite, you,
the client, agree to pay the rate of $50.00 per hour for the
first hour and 35.00 per hour for any additional hour.
If
the requested service visit requires less than four hours of
onsite work, and it is outside our 40 mile radius service
area HoBITS, Inc. reserves the right to bill you, the
client, for actual travel time expended at the engineer’s
usual and customary rate.
You,
the client, will be invoiced and provided with detailed
service reports for all services provided upon completion of
the emergency service call or session, and payment terms for
said invoice are by cash, check, money order or credit card.
Your Satisfaction is
Guaranteed:
HoBITS provides a 90 day satisfaction guarantee on all
services. If our recommended solution did not fix the
problem, we will provide additional on-site or remote
support, at no charge. If we cannot fix the problem, we will
refund service charges, up to a maximum of $160.00.
Our Products are Guaranteed:
One year replacement cost warranty on all products
purchased from and installed by HoBITS, even if the
manufacturer warranty has expired. Labor beyond 90 days will
be billable at our regular rate.
All
HoBITS guarantees are void if you do not permit us to fix
the problem or if anyone other than a HoBITS technician
works on your system.
HoBITS Standard Terms and
Conditions:
In the event that parts, materials, hardware, software,
cables or supplies are needed, then a non-refundable full
deposit is required to place the order. If collection
proceedings are initiated by HoBITS to collect delinquent
amounts, HoBITS will be entitled to reasonable attorney’s
fees and costs required to collect the outstanding amounts.
Failure to pay any outstanding balance shall subject you to
interest charges of one-and-one-half percent (1.5%) per
month until said balance is paid in full. Failure to pay in
full voids all Warranties and Guarantees. In the event of
non-payment, all discounts on hourly rates will be revoked
and the hourly rate for all unpaid work performed will be
invoiced at the regular hourly rate of $115.00 per hour. If
for any reason any form of payment is returned or denied,
HoBITS will be entitled to a $40.00 fee. To protect our
investment in our technicians, You shall be liable for 2,000
hours of regular response service time should You hire, or
retain as a consultant, our technician prior to the
technician having terminated their work with HoBITS for 3
years. Each HoBITS technician has signed an agreement,
prohibiting them from working for any HoBITS customer for 3
years after termination of their contract.
You, the client, further agree not to recruit, hire, or
subcontract, either directly, or indirectly via a third
party, any HoBITS, Inc. consulting personnel that have
provided services to you, from the time services are
initially provided until 3 years after the last date of any
services provided to you.
HoBITS retains one hundred percent of the copyrights to any
plan, software, or software modifications developed by
HoBITS and all derivations (“Copyrighted Work”). HoBITS
retains the right to use Copyrighted Work for future
development or resale. Software developed by HoBITS may not
be distributed or sold in any form or manner without express
written consent.
You
agree that any controversy or claim arising out of or
relating to this Agreement or the breach thereof, shall be
subject to the laws of the State of Florida and the parties
hereto submit to the exclusive jurisdiction and venue of the
State of Florida Courts in Hillsborough County. This
document contains the entire Agreement of the parties and
may not be altered or amended except by a written document
signed by both parties. If any part and/or section of this
Agreement is deemed illegal, invalid or unenforceable, all
remaining parts and/or sections of this agreement remain
valid.
HoBITS will not be liable for any damages caused by
circumstances beyond its control, including but not limited
to acts of war, violence or terrorism, labor strikes,
natural disasters including fire, flood or loss of electric
power, or acts of God.
HoBITS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE EXCEPT
FOR THE EXPRESS GUARANTEES MADE HEREIN. SOME STATES DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS LIMITATION
MAY NOT APPLY TO YOU. HoBITS DOES NOT ACCEPT LIABILITY
BEYOND THE REMEDIES SET FORTH IN THE HoBITS GUARANTEES BELOW
OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR PRODUCTS NOT
BEING AVAILABLE FOR USE OR FOR LOST DATA OR SOFTWARE.
MONETARY DAMAGES ARE IN ANY EVENT LIMITED TO THE AMOUNT OF
CONSIDERATION PAID TO HoBITS.
Confidentiality:
HoBITS, Inc. and you, the client, mutually agree not to
disclose confidential or proprietary information that has
been identified as such by either party. HoBITS, Inc. cannot
take responsibility for any loss of data or productivity
that client may suffer, however, HoBITS, Inc. will make
every effort to prevent such loss. In the event a lawsuit
arises from this agreement, the prevailing party shall
receive payment for all costs incurred with such action,
including reasonable attorney's fees.
Cancellation Policy:
A minimum diagnostic fee of no more than $160.00 will apply
for cancellations with less than 24 hours notice. A minimum
diagnostic fee will apply for any service call scheduled for
the same day and subsequently canceled.
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