This Service and Support Agreement is made effective on the date the customer completes checkout by and between Uber Geek Inc, (‘Provider’) a Texas corporation and the customer completing checkout (‘Client’).

    Supported Items

    1. Hardware
      1. Hardware Support covers any hardware which is the property of the Client. This includes Servers, Desktops, Mobile Devices, and Networking equipment. Support of hardware is limited to advanced troubleshooting and diagnostics. Provider does not provide warranty service to hardware acquired by the Client via any means. Provider will at its discretion suggest replacement hardware if the hardware in question is defective or fails to meet the requirements of the Client. Client retains final and binding decision on choice of hardware and is responsible for all hardware costs. Provider may not be able to assist with hardware depending on physical location of the hardware.
    2. Software
      1. Software Support covers the operating systems and applications installed on the Client’s Hardware. Provider is proficient in a variety of standard and specialized applications and operating systems, but may have limited knowledge of a specific application or operating system.  The Client acknowledges this and understands that Provider may have to research specifics prior to completing a service task, which may delay completion of specific tasks. Client assumes all risk when using proprietary software and agrees that if extra research is required for a specific application or operating system any time spent researching is billable to the Client.
    3. Services:
      1. Internet Support: Provider has remote desktop services to provide assistance without physical presences at the Client’s location. Remote Desktop Support (‘RDS’) does not require any additional fees from the Client. RDS may involve installation of additional software on the Client’s hardware. Client assumes all risk with the installation of said software. All time used for remote desktop counts towards contracted service time.  Client agrees that the provider will have access to their systems, and may connect at any time to provide requested support.
      2. On-site Support: Provider may, at the request of the Client, visit the client’s site to perform necessary work. Travel time is counted against contracted hours.
      3. Support Portal required:  A support portal has been configured to manage client requests of the provider.  All support requests must have a ticket.
      4. Monitoring: of system is an optional Managed Services product.
        • External monitoring includes up/down connectivity monitoring or public facing assets (websites, etc)
        • Internal monitoring includes up/down connectivity monitoring, and basic system performance metrics.  To facilitate monitoring a VPN connection to the monitoring server will be provided. 
    4. Third Party Products:
      1. This Agreement does not include warranty or other services for third party products. Provider is not responsible for the performance of other vendors. products and services.

    Pricing

    1. Basic:
      1. Provider agrees to provide the Client with the availability to support the Client up to the subscribed hour(s) per month of services for the duration of this contract. The Client agrees to pay a rate established when the client subscribes to the support plan. Client acknowledges that in some cases Provider may request a specialist to address a specific issue. In such cases additional per hour fees may be required to retain said specialist. Billed at the same rate as the specialist charges Provider will seek authorization from Client prior to retaining the specialist.
      2. Three availability windows are offered
        1. Basic: Mon-Fri 8 AM – 5 PM CT excluding holidays
        2. Expanded: Mon-Fri 6 AM – 7 PM CT excluding holidays
        3. 24/7
    2. Additional Services:
      1. External Monitoring
        • Monitoring of public facing assets, like websites 
      2. Internal Monitoring
        • Monitoring of internal resources, such as servers and workstations
        • requires VPN connection to Provider’s Core network.
      3. Managed Antivirus
        • Anti-Malware software will be installed and Managed by Provider
    3. Rollover and Overages:
      1. Provider offers an hour rollover plan (bank) that will carry unused hours over to following months. The bank limit on roll over hours is 3 months. Any unused services hours after the bank limit has been reached will roll off and be forfeit.
      2. If the Client’s hours for the month (including any banked hours) are exhausted, or will be as a result of the requested support, the Provider will notify the Client of that fact prior to commencing work. At the request of the Client, the Provider will provide additional support for a per request overage fee, equal to the current direct support rate.

    Service Levels

    1. The following service levels provide the expected time to work an issue.  Failure to address issue by the specified Commitment will result in 50% penalty of the hours used for specified ticket against the Provider.  Service level agreements only apply to tickets submitted via the helpdesk system.
      1. Critical:
        • Provider will respond to the ticket within 8 hours during selected availability window.
      2. Urgent:
        • Provider will respond to the ticket within 24 hours during selected availability window.
      3. Standard:
        • Provider will respond to the ticket within 72 hours during selected availability window.
      4. Enhancement Request:
        • Provider will respond to the ticket within 168 hours during selected availability window.

    Disclaimers and Limits

    1. PROVIDER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN CONDUCTING SERVICES, OR ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES OR THE RESULTS OF ANY RECOMMENDATION Provider MAY MAKE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES CONCERNING THE PERFORMANCE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DELIVERABLES OR OF ANY SYSTEM THAT MAY RESULT FROM THE IMPLEMENTATION OF ANY RECOMMENDATION Provider MAY PROVIDE. NOTHING IN THIS AGREEMENT OR ANY OTHER WRITTEN DOCUMENTATION OR ANY ORAL COMMUNICATIONS WITH CLIENT MAY ALTER THE TERMS AND CONDITIONS OF THIS PARAGRAPH. IN ADDITION, Provider WILL NOT BE RESPONSIBLE FOR LOSS OF OR DAMAGE TO DATA OR LOSS OF USE OF ANY OF COMPUTER SYSTEM OR NETWORK SYSTEM.
    2. Limits of Support Services:
      1. THIS AGREEMENT IS OF LIMITED DURATION AND COVERAGE. Repairs necessitated by software problems, or as a result of alteration, adjustment, or repair by anyone other than Provider (or its representatives) are not included. Provider is not obligated to repair any Computer System component which has been damaged as a result of:
        1. accident, misuse, or abuse of the System or components (such as, but not limited to, use of incorrect line voltages, use of incorrect fuses, use of incompatible devices or accessories, improper or insufficient ventilation, or failure to follow operating instructions) by anyone other than Provider (or its representatives)
        2. an act of God or nature such as, but not limited to, lightning, flooding, tornado, earthquakes, and hurricanes, or
        3. the moving of the Computer System from one geographic location to another or from one entity to another. With regard to any services that are not within the coverage of this Agreement, it will be within Provider’s discretion whether to perform the services.
    3. Assumptions by Provider:
      1. Where necessary, and when applicable Client shall procure all permissions necessary by third party hardware and/or software vendors to allow Provider to perform Services and Support. Support to contractors of Client will be limited to Client approved business only under the terms of this agreement.
    4. Limitation of Liability:
      1. UNDER NO CIRCUMSTANCES WILL Provider OR ITS SUBCONTRACTORS BE LIABLE FOR ANY OF THE FOLLOWING;
        1. THIRD PARTY CLAIMS FOR DAMAGES;  
        2. SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO PRODUCTS OR SYSTEMS BEING UNAVAILABLE FOR USE, LOST PROFITS OR SAVINGS OR LOST OR CORRUPTED DATA OR SOFTWARE, OR FOR ANY DAMAGES FOR PERSONAL INJURY, OR DEATH, WHETHER DIRECT, INDIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, OR ARISING OUT OF THE RESULTS OR OPERATION OF ANY SYSTEM RESULTING FROM IMPLEMENTATION OF ANY RECOMMENDED PLAN OR DESIGN, EVEN IF Provider OR ITS SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGE, AND EVEN IF THE CLIENT OR THE END-USER ASSERTS OR ESTABLISHES A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL Provider BE LIABLE TO THE CLIENT OR ITS CUSTOMERS FOR ANY AMOUNT IN EXCESS OF THE FEES ACTUALLY RECEIVED BY Provider FOR THE APPLICABLE COMPUTER SYSTEM. THIS LIMITATION OF LIABILITY APPLIES TO ALL TYPES OF LEGAL THEORIES, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), PROFESSIONAL LIABILITY, PRODUCT LIABILITY, WARRANTY, OR ANYTHING ELSE. THIS LIMIT ALSO APPLIES TO ANY Provider SUBCONTRACTOR. IT IS THE MAXIMUM AMOUNT FOR WHICH Provider AND ITS SUBCONTRACTORS ARE RESPONSIBLE.
    5. Force Majeure:
      1. Neither the Client nor Provider shall be liable to the other for any delay in or failure of performance of their respective obligations hereunder if such performance is rendered impossible or impracticable by reason of fire, explosion, earthquake, drought, embargo, war, riot, act of God, Nature, or of public enemy, an act of governmental authority, agency or entity, or any other similar contingency, delay, failure or cause, beyond the reasonable control of the party whose performance is affected, irrespective of whether such contingency is specified herein or is presently occurring or anticipated by either party. In the event either party is prevented from fulfilling its obligations under this Agreement because of such a force majeure as described herein, both Provider and the Client shall make every effort to continue to maintain as much as possible the supplier-customer relationship established under this Agreement. No provision of this Section shall be construed to excuse the Client from payment of amounts owed Provider under this Agreement.
    6. Assignment:
      1. This Agreement is not assignable without the written consent of all direct parties.
    7. Entire Agreement:
      1. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matters herein and therein, and supersede and replace any and all prior agreements and understandings, whether oral or written, between them with respect to such matters. Both parties agree that the terms and conditions of any Provider or Client quotation, offer, acknowledgment or similar document, however designated, shall not apply.
    8. Severability:
      1. Invalidation of any of the provisions contained herein, or the application of such invalidation thereof to any person, by legislation, judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person, and the same shall remain in full force and effect, unless enforcement as so modified would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes hereof.
    9. Arbitration:
      1. In the event of a dispute arising under this Agreement, such dispute shall be resolved by binding arbitration through submission of the issue to a member of the American Arbitration Association who is chosen by mutual agreement of the parties. If mutual agreement cannot be reached, then each party shall select an arbitrator, and those arbitrators shall select another arbitrator to act as arbitrator for the dispute. Arbitration shall be held in a mutually agreed upon location; if no location shall be agreed upon, then arbitration shall be in the venue where the wronging party resides. Expenses of the Arbitration shall be paid as decided.

    Payment and Termination

    1. Payment:Payment may be made by PayPal Subscription. Overages will be invoiced.
      1. Payment may be invoiced monthly, will balance due no later than the 15th.Payments after the 15th of each month will be charged a $25 late fee.
      2. Payments not paid before the last day of the month will be considered a termination of service.
    2. Termination:
      1. Provider may terminate this Agreement, at any time for any reason with written notice.
      2. Client may terminate this Agreement, at any time for any reason, after 1 year, with written notice. Any fees paid or incurred will be immediately payable at time of termination.
        1. Client agrees that terminating a support plan prior to completing 1 year, will result in a penalty fee of 50% the remaining contract, due at termination.