Remote Support service
Terms and conditions for the use of the Remote Support and TechKnowPartners' services in general.
Definition of terms
“TechKnowPartners” means “TechKnowPartners, LLC,” an Arizona Limited Liability Company with primary place of business at 4659 South Lakeshore Drive, Suite K, Tempe, Arizona 85282. In this agreement, “us” and “we” refers to TechKnowPartners.
“Assignment” means service to design, install, or support technology infrastructure items, including hardware, networks, systems software, application software, and other media. Assignments are usually, but not always, performed on a time and materials basis. Quotes and estimates are usually, but not always offered. In some cases, it may be necessary to perform a “diagnostic” assignment, according to a sales order or our service rate card to determine the estimate for completion of the work.
“Customer” and/or “client” - recipient of products and/or services provided by TechKnowPartners. The term “customer” is usually used in the context of infrastructure assignments; the term “client” is usually used in the context of “strategy” and consulting engagements.
“Engagement” means service to develop technology strategy or provide general strategic and infrastructure-related consulting. Engagements are usually, but not always, performed on a project basis for which a proposal and/or engagement letter has been issued.
Acknowledgment and acceptance of terms and conditions of services
These terms and conditions comprise the entire agreement between TechKnowPartners and the customer for services, unless an additional agreement or rider is attached. The use of TechKnowPartners' services constitutes an affirmative agreement by the customer to be bound by these terms and conditions.
Agreement
The customer acknowledges that individual who signs any agreement with TechKnowPartners has the authority to do so, and the responsibility and capacity to pay for the services in accordance with these terms and conditions. The customer agrees to pay for all products and services provided in accordance with a proposal, sales order, or the product price list and service rate card.
Note that agreements for online services are covered separately.
Modifications to scope of services and terms and conditions of services
TechKnowPartners may at our own discretion modify the scope of or discontinue of services and the associated pricing from time-to-time without notifying customers, and will issue a new services rate card. We shall not be liable to any party as a consequence of modifying or discontinuing our services and associated pricing. However, we will not charge any additional fees as a consequence of a price change without first discussing them with the customers.
Best efforts basis
TechKnowPartners will perform work on a best efforts basis.
Customer's responsibilities under these terms and conditions
The customer agrees that prior to TechKnowPartners servicing any of their equipment that it is their responsibility to back up all software and data files stored on all hard disks to an external medium, and to remove all media including but not limited floppy disks, CDs, DVDs, external hard drives, jump drives, etc.
The customer further agrees that we, or any third-party provider that we use, shall be not liable under any circumstances for any alteration, corruption, or loss of software and/or data.
Estimated dates, hours, and materials costs
TechKnowPartners uses its best efforts to estimates dates (such as scheduled completion and delivery dates), hours, and materials costs. However, we do not guarantee estimates. We will do our best to advise our customers as soon as possible regarding actual or anticipated variances from estimates.
Services rates
Scope and the pricing of services are defined by written proposal, sales order, or on the TechKnowPartners' services rate card by default. Written proposals are in effect for thirty days from the date of issuance (unless otherwise noted). We may issue new services rate cards from time to time.
Strategy engagements and some infrastructure work assignments are performed on a project basis for which a fee has been quoted in advance. The proposal will state if a retainer is to be paid in advance, the frequency of billing, and the method for making scope changes. Fees will not be billed for scope changes until approved by the customer.
Some strategy engagements and most infrastructure work assignments are performed on a time and materials basis. When necessary, an estimate will be prepared in advance before work commences, and in some cases a retainer or deposit may be required. Estimates are valid for thirty days from the date of issuance, unless otherwise noted. On larger projects, progress payments may be billed during the course of the work.
Either the written proposal (if issued), sales order, or the services rate card (by default) determine the payment terms and collection period, and the consequences for late payments. On engagements and assignments where retainers and customers deposits have been collected, the final bill will show the reconciliation of outstanding deposits and fees.
Some services may be offered on an indefinite basis, and thus may be subject to changes in terms and conditions from time to time.
Labor rates on the service rate card are usually billed in quarter-hour increments.
Cancellation fees may be incurred in accordance with the services rate card.
In some cases, the solution to one problem may reveal another. Therefore, it is possible that multiple service assignments may be necessary to ultimately resolve the ultimate problem.
We are a reseller of certain products and services, including equipment, and price those items either on a case-by-case basis in a written proposal, or from our official price list.
Third-party products
TechKnowPartners is not an original equipment manufacturer of hardware, nor a publisher or general purpose software. Therefore, as such we cannot be held responsible for functional or performance defects of third-party products associated with our engagements and assignments. Where appropriate, manufacturer and publisher warranties may be extended through us to our customers in accordance with end-user warranty and license agreements. We will take reasonable measures to work with manufacturers, publishers, resellers, and other parties to escalate problems and take corrective action where appropriate.
We do assemble packaged systems, such as custom built computers, and bundled hardware, systems software, and application systems, which we may warranty on a case-by-case basis for parts, but usually not for labor. Warrantied repairs may also be subject to warranty, but if so for up to ninety days.
In some cases, it may be necessary to report incidents to manufacturers and vendors that require a fee for resolution. In such cases, the customer is responsible. However, we will not incur such fees without notifying the customer first.
We are a reseller of certain products and services and are bound by the terms and conditions of the original providers as appropriate.
Payment
The customer agrees to pay TechKnowPartners according to the proposal, sales order, invoice, or service rate card according to the method agreed to at the time the service is initiated. We may charge late fees and returned check fees for items unpaid. All collection fees, including attorneys fees, are the responsibility of the customer.
Transportation
The customer is fully responsible for bringing their equipment to our premises unless otherwise noted. We may charge a fee to deliver equipment and/or perform onsite services as determined by our service rate card. This fee is determined by the geographic location of the site.
Accessibility
Customer agrees to grant TechKnowPartners prompt access to premises, systems, knowledgeable personnel, data, information, equipment, and software necessary to perform the requested services, including licensed products. Customer agrees to provide access to secure environments under their supervision.
Confidentiality and privacy
TechKnowPartners respects the privacy of our customers at all times and the confidential nature of their materials including electronic data and software, and physical media such as CDs, DVDs, manuals, etc. We will not reproduce any of the customer's materials, including but not limited to data, files, information, plans, and software unless specifically requested to do so, and only if we are in compliance with intellectual property rights, such as copyright and patents. We will copies of all materials upon completion of the assignment or engagement. We will not disclose, furnish, or publish any materials to a third-party without the customer's permission.
We reserve the right to report illegal content found on customers' equipment to the appropriate law enforcement authorities as required by law. Such content could include child pornography and unauthorized or illegal copies of media such movies and software.
Misuse and neglect
TechKnowPartners is not responsible for misuse or neglect of any equipment provided by us by any party.
Abandoned equipment
TechKnowPartners is not responsible for any equipment and related data, manuals, media, and software that has not been claimed by the customer. Equipment left unclaimed for more than thirty days will be placed in storage at the customer's expense. Any equipment left unclaimed for more than ninety days will be sold or otherwise disposed of.
A customer may elect to have us dispose of their equipment by prior arrangement by signing an agreement with us to do so. We reserve the right to recycle the equipment, sell it, or donate it depending upon the circumstances. The customer is responsible for ensuring that all data, files, and software is removed, and that they do in fact have the right to transfer the equipment to us.
Indemnification
The customer agrees to indemnify and hold harmless TechKnowPartners and its affiliates (and their respective agents, dealers, directors, employees, members, and managers) against and from any and all actions, claims, damages, judgments, and losses resulting from their breach of this agreement; infringement of intellectual property rights; failure to comply with applicable laws and regulations; and acts of omission.
Limitations of liability
TechKnowPartners shall not be liable for any delay or failure in performance due to causes beyond our control. We reserve the right to cancel a customer's order and refund any payments made, in whole or in part, if we believe that we are unable to perform the work due to functional or technical limitations.
We shall not be liable for any consequential or incidental damages resulting from the use or inability to use our services including without limitation loss of use, loss of data, loss of functionality, loss of capital, and loss of equipment, no matter however caused, whether by our negligence or otherwise.
Disclaimer of warranties unless otherwise stated
The customer agrees that the use of any TechKnowPartners' service is at their sole discretion and risk. All services are provided on an “as is or available” basis. We disclaim all warranties of any kind whether oral or written, unless provided for by a separate written agreement for labor and materials. In the case that we do provide a warranty for either or both, all repairs on warrantied equipment will only be performed upon production of the original sales receipt or invoice.
Termination
Either TechKnowPartners or the customer (or both) may terminate any service offered by us for any reason by giving written notice to the other party. Upon termination, the customers right to benefit any service immediately ceases. The customer shall have no rights to any service that has been terminated and we shall have no obligations thereafter.
We may terminate service if we find that serial numbers for hardware and/or software have been removed for whatever reason.
Time zone
All times are quoted as Mountain Standard Time unless otherwise stated.
Governing law
The terms and conditions of service shall be in accordance with the laws of the State of Arizona. Both the customer and TechKnowPartners agree to the exclusive jurisdiction of the courts in Phoenix, Arizona.
Both the customer and TechKnowPartners agree that any cause of action arising from or related to our services must commence within one year after the cause of action arose; or else such cause of action is permanently barred from the courts.