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myDirtCheap.com |
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It can become ‘dirt cheap’ when using technology and innovative marketing |
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Service Level Agreement |
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1. Term of Agreement. This agreement shall commence on the date set forth as specified on the Subscriber’s enrollment form and will continue for duration of one year.
2. Early Termination. Subscriber recognizes that the preferred rate defined in this Service Agreement is contingent upon the purchase of a specified number of monitoring events. In the event that Subscriber terminates this Agreement, for any reason other than failure to perform the services outlined herein, before the termination date, Subscriber agrees to forfeit any remaining balance
3. Complete Agreement. This Agreement contains the entire Agreement between the parties hereto with respect to the matters covered herein. No other Agreements, representations, warranties, or other matters, oral or written, purportedly agreed to or represented by or on behalf of MyDirtCheap.com, by any of its employees or agents, or contained in any sales material or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Subscriber acknowledges that it is entering into this Agreement solely on the basis of the representation contained herein.
4. In the event of a conflict in the provisions of any attachments hereto and the provisions set forth in this Agreement, the provisions of such attachments shall govern.
5. Jurisdiction. The enforcement of this agreement shall be governed by the laws of the State of Oklahoma.
6. If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law.
7. Dispute Resolution. Any disputes that arise between the parties with respect to the performance of this agreement shall be submitted to binding arbitration by the American Arbitration Association, to be determined and resolved by said association under its rules and procedures in effect at the time of submission and the parties hereby agree to share equally in the costs of said arbitration.
The final arbitration decision shall be enforceable through the courts of the state of Oklahoma. In the event that this arbitration provision is held unenforceable by any court of competent jurisdiction, then this contract shall be binding and enforceable as if this section were not a part hereof.
8. Notices. (i) Notices to Consultant should be sent to: MyDirtCheap.com 8622 Lafitte Drive Hudson, Florida 34667
(ii) Notices to Subscriber should be sent to: The address Subscriber submitted on their enrollment form.
9. Services Provided. Consultant will provide the following Services under this agreement:
Item a. Consultant agrees to provide consulting services related to computer hardware, software, operating systems and other similar work. Such work will be done on behalf of Subscriber and will be performed remotely from a location or locations to be determined by Consultant. For example, services might include monitoring the performance and the health of the Subscriber’s Personal Computer (PC), and associated software.
Item b. Scheduled Consulting Sessions Regular Consulting sessions shall consist of once a month, the duration of one year, Consultant will email the Subscriber with a monitoring software program that the Subscriber will execute on their PC. The program will email back the status of the Subscriber’s PC and Consultant will evaluate the data to determine if the PC is healthy. If not healthy, a report will be emailed back to Subscriber specifying the alerts and recommendations for possible solutions.
Item c. Additional Services Offered From time-to-time Consultant will offer Subscriber additional service options that will enhance the reliability and performance of Subscriber’s PC at dirt cheap pricing. No obligation on Subscriber’s part to purchase of accept offers
10. Additional Work. If problems are detected with Subscriber’s PC, all service work will be performed by either the Subscriber’s or their local service person and not by the Consultant.
11. Cost of Services. All 12 monthly monitoring sessions, as defined in this Agreement will be provided at a rate of $29.95 per year, and paid in advance at the time of enrollment. These rates are subject to change, subject to a thirty (30) day written notice prior to annual renewal.
12. Confidential Information. Each Party hereto ("Such Party") shall hold in trust for the other Party ("Such Other Party"), and shall not disclose to any non-party to the Agreement, any confidential information of Such Other Party. Confidential information is information which relates to Such Other Party's research, development, trade secrets, or business affairs, but does not include information which is generally known or easily ascertainable by nonparties of ordinary skill in computer design, programming, networking, information technology, or the specific business interests of either Party.
13. Staff. Consultant is an independent Contractor and Consultant is not employed by Subscriber. Consultant is hereby contracting with Subscriber for the services described in this Agreement and Consultant reserves the right to determine the method, manner, and means by which the services will be performed. Consultant is not required to perform the services during a fixed hourly or daily time.
Consultant shall not be required to devote his full time to the performance of the services required hereunder, and it is acknowledged that Consultant has other Subscribers and offers services to the general public. The order or sequence in which the work is to be performed shall be under the control of the Consultant.
14. Non-Solicitation of Employees or Contractors. During the term of this agreement and for a period of twelve (12) months thereafter, Subscriber agrees not to solicit, recruit, or employ any employee of Consultant without the prior written consent of the President or Chief Executive Officer of Consultant. Consultant hereby agrees that it will not solicit, hire, or retain, in any capacity whatsoever any of Subscriber's employees without written consent from Subscriber.
LIMITED WARRANTY 15. Liability. Consultant warrants to Subscriber that the material, analysis, data, programs, and services to be delivered or rendered under this Agreement will be of the kind and quality designated and will be performed by qualified personnel.
Consultant offers no guarantees or warranties, express or implied, as to system availability and functionality during any phase of its support services and makes no guarantees or warranties, expressed or implied, regarding the ability to resolve computer-related problems, to recover data, or to avoid losing data.
Consultant makes no other warranties, whether written, oral or implied, including without limitation warranty of fitness for purpose of merchantability. In no event shall Consultant be liable for special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to Consultant in advance or could have been reasonably foreseen by Consultant, and in the event this limitation of damages is held unenforceable then the parties agree that by reason of the difficulty in foreseeing possible damages
16. Terms. a) Subscriber agrees to purchase a minimum of 12 months of Monitoring Services during the Term of this Agreement. b) Subscriber agrees to pre-pay for 12 months of service upon execution of this agreement.
The Subscriber hereto by clicking on the Agree button (on the Enrollment Form) agrees to this Agreement and agrees that it shall be binding upon the parties and their respective heirs, successors, and assigns.
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