This TECHNICAL SUPPORT SERVICE AGREEMENT ("Form 200") is entered into as of the date:________________, by MALWARE TECHNOLOGY SUPPORT, with corporate address of 1745 Broadway 17TH Floor, New York NY 10019 and____________________, a company or individual (referred to as "Customer").
WHEREAS, the Company is interested in providing fee-based support services to the Customer and the Customer is interested in receiving the services provided for in this Agreement.
NOW, THEREFORE, in consideration of their mutual undertakings, and other good and valuable consideration, the parties hereby agree as follows:
I. STANDARD TERMS AND CONDITIONS: The Customer agrees to all provisions of Company's Standard Terms and Conditions, which is herein incorporated to this Agreement.
II. PRICING: The pricing for providing services under this agreement will include all of the Company's supported products that the Customer has purchased. Support Contract Pricing is incorporated on http://malwaretechnologysupport.com Customer discounts will not apply to Support Contract Rate or Non-Contract Technical Service Rates. All plans are incorporated in http://malwaretechnologysupport.com.
III. PAYMENT: Payment will be due in advance of the effective contract date. Payment for non-contractual support services as specified in website (http://malwaretechnologysupport.com)--Non-Contractual Technical Service Rates will be paid before those services are rendered.
IV. SERVICES PROVIDED: Support services provided by the Company under the terms and conditions of this agreement will be limited to technical issues relating to the current supported products only. These services are provided on a best effort basis. If it is determined to be a non-contract support issue such as hardware, application, or operating system issue, the Customer agrees to pay the then prevailing non-contract per-incident fee. Services provided under this Agreement will be performed at a Company support service location. If on-site services are requested and performed by the Company, the Customer agrees that the services provided will be at the then prevailing non-contract rates or proposal rate.
1. Cooperation of the Customer: The customer agrees to comply with all requests of the Company and to provide access to all information and soft-wares necessary to the performance of the Company's duties under this Agreement.
2. Specific Services: The Company agrees to provide telephone consultation , instruction, or support (including installation, setup, troubleshooting, and operational information) as it pertains to the qualifying software product.
3. Method of Performing Services: The Company will determine the method, details, and means of performing the above-described services.
Please keep the following information to reach us:
Toll-Free Number: 1 (877) 551-5548
I. CONTRACT TERM: Please refer (http://www.malwaretechnologysupport.com/pages/terms-conditions)
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II. ASSIGNMENT: The Customer may not assign any rights hereunder without the prior written approval of the Company, and any attempt to assign any rights, duties, or obligations without the Customer's consent.
III. DISCLAIMER OF WARRANTY: THE COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES PROVIDED HEREUNDER. MALWARE TECHNOLOGY SUPPORT IS AN INDEPENDENT PROVIDER OF REMOTE TECH SUPPORT SERVICES FOR SOFTWARE AND PERIPHERALS. MALWARE TECHNOLOGY SUPPORT HAS NO AFFILIATION WITH ANY OF THE THIRD-PARTY COMPANIES. CHECK OUT MORE ON http://www.malwaretechnologysupport.com/pages/terms-conditions
IV. LIMITATION OF LIABILITY: IN NO EVENT WILL THE COMPANY BE LIABLE TO CUSTOMER OR ANY OTHER INDIVIDUAL OR ENTITY CONNECTED WITH CUSTOMER FOR ANY CLAIM, LOSS, OR DAMAGE OR ANY KIND OR NATURE; WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, ANY INTERRUPTION OR LOSS OF SERVICE OR USE OF THE SOFTWARE, OR ANY FILES, DATA, OR OTHER COMPUTER SYSTEMS SHALL IN NO WAY CAUSE LIABILITY TO CUSTOMER. ANY SOFTWARE FAILURE OR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR LOSS OF DAMAGE OF ANY KIND OR NATURE RESULTING FROM THE FOREGOING, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SHOULD NOT BE ASSUMED BY THE COMPANY.
ENTIRE AGREEMENT: This Agreement, including any attachments hereto, constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Each party acknowledges that it is not entering into this Agreement on the basis of, and has not relied on, any representations not expressly contained herein. Any modifications of this Agreement must be in writing and signed by both parties hereto.
Sign:__________________________________ Sign: Malware Technology Support
Customer Name: Company Name:
______________________________________ Malware Technology Support