IT Equipment Maintenance Contract
This IT Equipment Maintenance Contract (the "Contract") is made and entered into as of January 1, 2050, by and between [Your Company Name], a corporation duly organized and existing under the laws of North Carolina, with its principal office located at [Your Company Address] (hereinafter referred to as the "Service Provider"), and ThinkLight, a corporation duly organized and existing under the laws of North Carolina, with its principal office located at Raleigh, NC 27601 (hereinafter referred to as the "Client").
I. Purpose of the Contract
The purpose of this Contract is to set forth the terms and conditions under which [Your Company Name] will provide IT equipment maintenance services to ThinkLight, ensuring the continued operational efficiency and functionality of the Client’s IT infrastructure.
II. Scope of Services
1. Services Provided
The Service Provider agrees to maintain the Client’s IT equipment, including but not limited to servers, computers, network devices, and related peripherals.
Maintenance services will include preventative maintenance, hardware inspections, software updates, system backups, and necessary repairs or replacements of faulty equipment.
Emergency on-site support may be requested as outlined in the "Service Response Time" section below.
2. Scheduled Maintenance
The Service Provider will perform maintenance on a quarterly basis, with inspections and software updates scheduled according to the Client’s operational needs and agreed-upon times.
The Service Provider will notify the Client at least two weeks in advance to confirm the maintenance schedule.
3. Emergency Support
In the event of a critical issue or failure, the Service Provider will provide emergency IT support and troubleshooting. The Client may contact the Service Provider’s support team for urgent requests outside the regular maintenance schedule.
Emergency support will be provided within 4 hours of the Client’s request.
III. Performance Standards
1. Response Time
For non-emergency issues, the Service Provider will respond within 8 business hours of the Client’s service request.
For emergency issues, the Service Provider will respond within 2 hours of the Client’s service request.
2. Resolution Time
The Service Provider will aim to resolve non-emergency issues within 48 hours of receiving the service request.
Emergency issues will be resolved as quickly as possible, with an effort to restore critical IT services within 24 hours.
3. Uptime Guarantee
IV. Client Responsibilities
1. Access to Equipment
The Client agrees to provide the Service Provider with adequate access to all IT equipment, networks, and systems that require maintenance or repairs.
The Client will ensure that all necessary personnel are available to facilitate service requests and maintenance operations.
2. Notification of Issues
V. Service Fees and Payment Terms
1. Maintenance Fee
2. Additional Charges
For emergency services, non-scheduled repairs, or services beyond the scope of regular maintenance, the Client will be charged at an hourly rate of $200 per hour.
3. Payment Terms
The Client agrees to make full payment of the annual maintenance fee within 30 days from the date of invoice. Invoices will be issued annually, with payment due at the beginning of each contract year.
Emergency service fees will be invoiced monthly, and payments are due within 15 days of the invoice date.
4. Late Payment
VI. Term and Termination
1. Term
This Contract shall commence on January 1, 2050, and continue for a period of 12 months, with an automatic renewal for successive 12-month periods unless either party provides written notice of non-renewal at least 30 days before the expiration date.
2. Termination for Convenience
3. Termination for Cause
VII. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary or confidential information shared during the performance of this Contract. This confidentiality obligation will continue indefinitely after the termination or expiration of this Contract.
VIII. Limitation of Liability
The Service Provider’s liability for any claim arising from this Contract shall be limited to the amount paid by the Client for services provided during the 6-month period immediately preceding the event giving rise to the claim. The Service Provider shall not be liable for any consequential, incidental, or punitive damages, including loss of data or business interruption.
IX. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the state of North Carolina, without regard to its conflicts of law provisions. Any legal action arising from or related to this Contract shall be filed in the courts located in Raleigh, North Carolina.
X. Dispute Resolution
In the event of any dispute arising out of or related to this Contract, the parties agree to first attempt to resolve the matter through informal discussions. If informal discussions fail to resolve the dispute, the parties agree to submit the matter to binding arbitration under the rules of the American Arbitration Association, conducted in Raleigh, North Carolina.
XI. Signatories
This Contract is executed by the duly authorized representatives of the parties:
For [Your Company Name]:
[Your Name]
Date: January 1, 2050
For ThinkLight:
Garfield Williams
Date: January 1, 2050
For any inquiries or further details about this contract, please contact [Your Name] at [Your Email] or [Your Company Email].
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