Client Terms & Conditions

Thank you for selecting iWat LLC as your IT Partner. As with any relationship, we believe things work more smoothly when we agree on how business will be conducted. This document formalizes the Service Provider (iWat) and the Client (You) relationship. Please read it carefully.

Terms

Our company charges fees which are based on, among other things, the time and labor required to properly complete the task at hand, the difficulty and complexity of the task, and the results expected. We offer managed services along with reduced rate pre−paid support plans. When applicable, iWat will provide a time/cost estimate prior to performing any billable services. If we encounter unexpected issues during our progress, we will require written approval from senior management regarding any additional costs or delays in the project. This agreement remains in effect for the duration of our business relationship or until these terms & conditions change.

  1. Support During Normal Business Hours and when an iWat Managed Service and/or Pre−Paid Service Agreement has not been signed, scheduled on−site services are billed in 15−minute increments with a 30−minute minimum. Emergencies have a 2−hour minimum. Remote services are billed in 15−minute increments. Standard Rate Service is $95/hr. (Contract Rate Service is $75/hr. for clients with RMM Services)

    Unless otherwise specified, additional charges apply for service requested to be performed outside of the hours of 8:00am – 5:00pm EST Monday through Friday. This includes weeknights, weekends, and holidays. The after−hours rate requires management approval with the following minimums: Weeknights 1−hr (@ 1.5 times Standard Rate), Weekends 2−hr (@ 1.5 times Standard Rate), Holidays 4−hr (@ 2 times Standard Rate).
  2. Emergency Support Outside of Normal Business Hours are available by our dedicated After Hours Emergency Line from 5:00pm to 8:00am See our “How to Request Technical Support” sheet for details. Calls to the After Hours Emergency line minimally generate a response fee and minimum service charges. This should only be used if you require a response or assistance before the office opens for the next business day.
  3. You can submit “non” Emergency requests by leaving a message on our Main Phone line, or emailing to our Help Desk, but there won’t be a response until the next business day for such requests.
  4. Past Due lnvoices/Late Fees − All invoices that are not in dispute and are more than 30 days past due will incur a late fee for the 1st month plus 1.5% for each additional month past due. iWat will not perform work for clients with past due balances. This includes but is not limited to emergency services. Cost of collection, including reasonable attorney's fees, shall be borne by the client.
  5. Quotes – This quote is valid for 10 days from the date of issuance, provided there are no changes in vendor pricing during this period. Should vendor pricing change within the validity period, we reserve the right to adjust the quote accordingly.
  6. Cancellation of Services, Refunds, Transfers and Returns − All labor charges are non−refundable. Monthly services not bound by a long−term contract, require a full 60−day notice prior to the 1st of the month. iWat does not pro−rate cancelled services. Licensed software is not refundable. Managed services software, applications, documentation, processes, policies, procedures, and vendor relationships owned by iWat are not transferable. All merchandise may be returned within 30 days. There is a 15% restocking fee on all items except special−order items which carry a 25% restocking fee. All merchandise remains the property of iWat until paid in full. All defective merchandise must be returned to iWat, with shipping prepaid.
  7. Warranty − All hardware is sold with a manufacturer's warranty, unless otherwise stated. iWat provides no additional warranty. From time−to−time iWat may offer for sale items that are demonstration units, refurbished, or used. All such items are sold AS−IS and are not returnable.
  8. Non-Business Class Devices - iWat shall not be responsible for supporting or maintaining residential class firewalls, networks/cabling, Wi−Fi, printers, or other personal devices. Outdated or non−business class computers may incur additional fees.
  9. Service Calls Where No Trouble ls Found – If client requests on−site service and no problem is found or reproduced, Client shall be billed based on the above minimum time charges.
  10. Software Update Disclaimer - This serves to outline the terms and conditions regarding software updates performed on devices serviced by iWat. By utilizing our services, the Client agrees to the following:
    • A. Acknowledgment of Third-Party Software Updates
    • - Software updates are developed, maintained, and distributed by third-party vendors or developers. iWat does not write or control the code of third party updates.
      - As such, iWat has no influence over the performance, compatibility, or outcomes of these updates on the Client’s devices or systems.
    • B. Limited Responsibility
    • - iWat is not liable for any adverse effects, including but not limited to system crashes, performance issues, data loss, or software incompatibilities, resulting from the installation of third-party software updates.
    • C. Remediation Services
    • - In the event that a software update causes adverse effects, iWat may offer remediation services to resolve the issue at the Client's request. These services will be subject to standard billing rates and terms.
      - Remediation services will not be performed free of charge unless explicitly stated in a separate written agreement.
    • D. Client Responsibility
    • - It is the Client's responsibility to review the release notes and compatibility of any software updates prior to installation.
      - The Client is advised to maintain regular backups of all critical data and systems before initiating software updates.
    • E. Exclusions
    • - iWat’s obligations do not include the following:
      - Restoring lost data due to software updates.
      - Ensuring compatibility of the updated software with pre-existing systems or third-party applications.
      - Free support or services to address issues stemming from third-party software updates.
    • F. Indemnification
    • - The Client agrees to indemnify and hold harmless iWat from any claims, damages, or losses incurred as a result of third-party software updates.

Taxes

It is understood that any state and local taxes applicable shall be added to each invoice for services or materials rendered. Client shall pay any such taxes unless a valid exemption certificate is furnished to iWat. Clients may be subject to declaring and paying use tax to their local taxing authorities. iWat will not be held liable for such tax.

Non-Solicitation of Employees

Client agrees not to solicit, recruit, or employ any employee of iWat without the prior written consent of the President of iWat. iWat hereby agrees that it will not solicit, hire, or retain, in any capacity whatsoever any of Client's employees without written consent from Client.

Staff

iWat LLC is an independent Contractor and iWat is not employed by Client. iWat is hereby contracting with Client for IT related services and iWat reserves the right to determine the method, manner, and means by which the services will be performed. iWat is not required to perform the services during a fixed hourly or daily time.

iWat shall not be required to devote their full time to the performance of the services required hereunder, and it is acknowledged that iWat has other clients 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 iWat. Client shall not provide any insurance coverage of any kind for iWat, and Client will not withhold any amount that would normally be withheld from an employee's pay.

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.

iWat hereby acknowledges that during the performance of this contract, iWat may learn or receive confidential Client information and therefore iWat hereby confirms that all such information relating to the Client’s business will be kept confidential by the Service Provider, except to the extent that such information is required to be divulged to the Service Provider’s clerical or support staff or associates in order to enable Service Provider to perform Service Provider’s contract obligations.

Limitation of Liability

iWat LLC warrants to Client that the material, analysis, data, programs, and services to be delivered or rendered under this engagement will be of the kind and quality designated and will be performed by qualified personnel.

iWat 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.

iWat makes no other warranties, whether written, oral or implied, including without limitation warranty of fitness for purpose of merchantability. In no event shall iWat be liable for special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to iWat in advance or could have been reasonably foreseen by iWat, 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 all liability to Client shall be limited to the lesser of Five Thousand dollars ($5,000.00) or the total amount paid labor to iWat in the previous three whole months as liquidated damages and not as a penalty.

Governing Law-Dispute Resolution

This Document shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of laws principles.

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally resolved by arbitration in accordance with the Arbitration Rules of the American Arbitration Association (AAA) then in effect. The seat of the arbitration shall be Chambersburg, Pennsylvania. The arbitration shall be conducted in the English language.

The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator within thirty (30) days after a request for arbitration has been submitted, the AAA shall appoint the arbitrator.

The arbitrator shall have the authority to grant any equitable and legal remedies that would be available in a court of law. The decision of the arbitrator shall be final, binding and enforceable in any court of competent jurisdiction.

The parties agree that the existence, content and outcome of the arbitration shall be kept confidential, except as may be necessary to enforce the arbitrator's decision or as otherwise required by law. This clause shall survive the termination or expiration of this Agreement.

I/We agree to these terms and accept responsibility for payment of our account.

I/We also agree to receive marketing and other IT related emails in which I will have the option to opt out if desired.



Loading...