This service agreement is made and entered into by and between (“Client”) and Your PC Magician, LLC, a Virginia Limited Liability Company (“YPM”).
1. Term: This agreement shall commence on the date of signing and continue in perpetuity or until a later agreement supersedes the contents of this agreement. This agreement also applies to future work contracted to YPM by Client. Either party shall have the right to cancel this Agreement upon thirty (30) days written notice to the other. In the event that this Agreement is cancelled, Client shall pay YPM all service fees payable and/or other expenses reimbursable under this Agreement immediately upon submission of a final invoice. This final payment is due upon receipt and not subject to the payment terms described in Paragraph 6 of this Agreement.
2. Scope of Work: YPM will do one or more of the services listed in exchange for payment from Client:
3. Monthly Services: YPM will use its reasonable efforts to provide the services that the Client requests, including but not limited to, anti-virus software, automated PC health checks, automated patches and updates, and online PC backup services. In circumstances where a hardware or software incompatibility does not support the aforementioned services, YPM will not provide or support those services.
4. Hourly Services: Client and YPM understand that support may be needed that falls outside the scope of the Monthly Services Component of the Agreement. In the event that Client needs support outside the scope of the Monthly Services Component, Client will need to submit a request to YPM which may be written or otherwise. Any services performed under this provision will be invoiced as Hourly Charges as described in Paragraph 5 of this Agreement. These Hourly Charges are in addition to the Monthly Charges associated with the Monthly Services Component described in Paragraph 3 of this Agreement.
5. Invoicing: The following applies only to Proactive Care Plan clients: YPM will invoice Client monthly on the 1st day of each month for all service fees payable and/or other expenses reimbursable under this Agreement. Invoices will include details of the services provided and/or expenses incurred including but not limited to the date of service or expense, a description, number of hours, and charge
6. Payments: For all services, excluding Proactive Care Plans, payment will be due upon rendering of services. YPM reserves the right to hold Client’s device(s) until full payment has been received. Client shall submit all payments under this Agreement to YPM via electronic means including online credit card processing system(s), in-person electronic magnetic strip swiping device(s) or by mailing check, cash or money order to:
Your PC Magician, LLC
9800 Castle Glen Terr.
North Chesterfield, VA 23236
IF INVOICE IS NOT PAID WITHIN 30 DAYS (NET 15 STANDARD TERMS + 15 DAY GRACE PERIOD) YPM WILL PAUSE/CANCEL/DISABLE/HOLD ANY ONGOING SERVICES UNTIL THE ACCOUNT IS MADE CURRENT
7. Refunds: Labor charges are non-refundable. In the event that a part is determined to be incompatible or defective, YPM will reorder the correct part or refund Client and this agreement becomes null and void.
8. Collection Costs: Client shall reimburse YPM for all reasonable costs, charges, and expenses, including reasonable attorneys' fees, expended or incurred by YPM in the collection of any fees, expenses, or other amounts owing to YPM by Client under this Agreement.
9. Independent Contractor Status: YPM is an independent contractor, not an employee or partner of Client. YPM is solely responsible for all taxes, withholdings, insurance, and any other obligations that may apply to an independent contractor. Within the Scope of Work, Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing.
10. Confidentiality: Any proprietary information disclosed by either the Client or YPM, to either the Client or YPM, shall remain confidential. This will protect both parties in future business relations and ensures the privacy of both the Client and YPM.
11. Choice of Law: The terms and provisions of this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to conflict of law principles.
12. Venue: Any dispute arising under this Agreement shall be in the exclusive jurisdiction of the City of Richmond, Virginia and the parties consent to the laying of venue in any such court.
13. Severability: If a court of competent jurisdiction shall, at any time, hold that any provision of this agreement is invalid or unenforceable, all other provisions of this agreement shall nevertheless continue in full force and effect. Such invalidity shall not invalidate the entire agreement.
14. Indemnification: Each party shall defend, indemnify, and hold harmless the other party, its officers, directors, employees, and managers, against all actions suits, claims, losses, liabilities, and demands whatsoever, including costs, expenses, and attorneys' fees, resulting from or claimed to have resulted from any intentional or negligent acts or omissions of the indemnifying party or its employees, agents, or independent contractors engaged in the services under this Agreement at the time of the event or occurrence upon which such actions, claims, or demands are based. The provisions of this Paragraph will survive termination of this Agreement. Each party shall promptly notify the other of any claim asserted against it for which such indemnification is sought.
15. Force Majeure: YPM shall not be responsible for any delay or failure (including any delay by YPM or support technicians in furnishing services) if such delay or failure arises out of causes beyond its control, including but not limited to natural disaster, failure of utilities, communications or computer systems, other acts of God or acts or omissions of subcontractors or third parties.
16. Assignment: The rights and obligations of each party under this Agreement may not be assigned without the prior written consent of the other party.
17. Entire Agreement: This Agreement shall constitute the entire understanding between YPM and Client and shall supersede all prior agreements, understandings, or representations concerning the subject matter of this Agreement. This Agreement, including any addendum hereto, may be amended at anytime for any reason. YPM will publish the latest version of this agreement at http://www.yourpcmagician.com/service-agreement.
18. No Third Party Beneficiaries: This Agreement shall not confer any rights or remedies upon any person other than the parties and their respective successors and permitted assigns.
19. Warranty: YPM offers a 30 day part/labor warranty against manufacture defects. This warranty does not apply to any other part of the device but the part that has been serviced by YPM. This warranty does not cover accidental damage (drops, cracked screens, spills) or damage caused by power surges. This warranty becomes void if additional damage is caused to the device after being serviced by YPM. YPM documents the condition of the device before and after service.
20. Miscellaneous: Upon providing YPM an email address, YPM will add Client to the Company’s mailing list, which may result in Client receiving informational, promotional or other correspondence via electronic communication. We will not intentionally sell, share, or distribute Client’s personal information to third parties, except as required by law.
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9800 Castle Glen Ter
North Chesterfield, VA 23236
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