Definitions, Work and Payment Terms
Last updated: 08/01/2020
WHEREAS, the parties desire to enter into a Consulting Contract setting forth the terms and conditions of their agreement and their understandings.
NOW, THEREFORE, in consideration of the premises and the mutual covenants, promises, and agreements herein contained and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound hereby, agree as follows:
| Client | The receiver and/or signer of the contract |
| Consultant | US Service Center, 2006 N. Sepulveda Blvd #110, Manhattan Beach, CA 90266 – 310-421-4090 |
| Business Hours: | 9:00 am to 5:00 pm Monday through Friday, excluding holiday |
| Response Time: Normal: | by appointment |
| On-Site: | at your physical location |
| Remote Support: | via the internet/phone |
| Finance charges on outstanding balance: | 18% APR on overdue |
| Normal Work Type: | Time & Material |
| Parking Fees: | To be provided and validated by client |
| Scheduling Cancellations: | E-mail, text, or contact us at 310-421-4090 by 10:00 am on the business-day prior to your appointment to notify us of any changes or cancellations. If prior notification is not given, you will be charged our minimum fee. Cancellations and No Shows at time of scheduled job will result in full rate charges. Time changes for next-day or day-of appointments will result in a minimum charge. These changes are handled with best-effort accommodation, but we cannot guarantee the same day availability. The exception to this policy is whether an agreement, contract and or signed customer approval is in place. |
| Travel Related Fees: | To be determined at the time of service call. All travel and travel related expenses to be paid by client. |
| Specifications: | All pricing is in USD (United States Dollar) Hours based on the Pacific Time Zone. If we are working out-of-town on a project, hours are based on the local time zone of that project. |
| Payment Terms: | Quotes must be paid in full to proceed forward. Payment is due upon work completion. All hourly work is deducted from a retainer (aka block-of-hours). A retainer and block of hours is required and paid in full for every client unless a previous arrangement has been agreed. If we have your credit card on file, client authorizes payment to be processed immediately for any current and/or outstanding account balance(s). This ensures continued and uninterrupted services for our clients. If client is on a pay-as-you-go and invoiced after work completed, we only extend credit to this client for this specific invoice only. Payment terms are a courtesy and can be revoked at any time, with or without prior notice, for any reason we deem at which the payment would be due immediately. Pricing displayed, provided and/or displayed on our paperwork, and e-paperwork is based upon a discounted price for payment by Cash, Zelle, and Check. Payments by credit card and e-Check subject to service fees. The payment is due upon receipt unless otherwise terms are stated or prior agreement with client. Client payments will be applied onto their account regardless of any client annotations to specific invoice(s). Client account must be kept in good-standing, at all times, to ensure continued service and support from us. Client understands there are no returns, refunds or cancellations accepted and deposits are nonrefundable. All sales are final. |
| Ownership: | Items and/or services listed on an invoice are property of US Service Center until paid in full. This also includes equipment, computer(s), and/or data that are being evaluated and/or being serviced and/or was serviced, and in our possession either physically and/or virtually. We reserve the right to repossess any equipment, software, licensing, suspend, cancel, and/or disable services directly related to any unpaid service(s). Once payment has been made in full and also the account in good standing (account paid in full), we will then ship, deliver, activate, and/or reactivate the same to client. Client may be responsible for any additional delivery, shipping, handling, reactivation, and/or labor charges. |
| Overages: | If overages occur with any of the services we provide, we will prorate the amount use to adjust to the current renewal period. An adjustment invoice will be created and thus charged immediately. If you have a credit card on-file, this will be our first choice of payment. Thereafter, we will automatically increase your overage from the renewal date forward. |
| Management & Convenience Fees: | US Service Center facilitates our clients as an interface between technology. We charge a management and/or convenience fees which may be as a summarized as a single line item on an invoice. This helps reduce billing confusion with our simplified billing. These fees cover our overhead, and the cost of performing and providing these services. |
| Outside 3rd Party Services and Service Providers: | US Service Center facilitates our clients as an interface between technology. We will help reduce the confusion with our partnerships with outside 3rd Party Service providers. We do not claim to perform and/or supply and/or warrant these services. Client agrees and is bound to any related 3rd party agreements, terms, and service agreements. This facility helps expedite and integrate our sales and service experience thus making it a seamless experience for our clients. |
| Software Tools: | US Service Center uses software tools to facilitate our clients which means it is possible there is software installed onto the equipment, i.e., devices, computers and servers, to assist us with supporting your equipment. There are many tools used in our tool-set to assist us with support. Because of our standard operating procedures, we do not disclose the software and software tools we use since this is part of our proprietary method of support and thus our intellectual property. When instructed, leveraging our cloud automation and management platform, we will, using best efforts, automatically remove the management software, remote support and/or subscribed software and/or software licenses. Some software may have to be manually removed by the client and becomes the client’s responsibility. |
| Backups and your data: | Client ensures that all data has been backed up and US Service Center is not responsible for data loss and/or loss of business as a result of work performed. If you are using our backup services, we use third-party software and tools to perform these backups. We are not responsible for any data loss resulting from any third-party software; backup failures; corrupt backups; and lack of internet connectivity for backup to complete at the time of system failure(s). Upon termination of any cloud backup service contract, any and all backups performed will be deleted, cannot be transferred, and will be irretrievable. |
| Software Installations and Updates: | We do not warrant any software, related installation and their respective software updates. When you are on our Pro-Active platform, our flat rate does not include maintenance on computers that have been off-line and/or turned off after a considerable about of time. This situation causes us to manually install, re-install updates and/or software and their related updates. This is a billable event. Virus, malware, and/or ransomware infections, which require a manual remediation, is a billable event. Software vendors used may change any time. Software we update will disable internal updates within the associated software and allow us to manage the update deployments. |
| Customer Supplied Material(s): | We are not responsible for any damages as a result of our installations for any customer supplied material, equipment, and/or parts. |
| Quotes, Approvals and Deadlines: | Client agrees they agree additional personnel, labor, and/or material may be required to ensure deadlines are met with or without verbal or written communications. |
| Pre-Existing Conditions: | US Service Center is not responsible for computers and/or equipment with pre-existing conditions in which we have no control, including but not limited to infections, viruses, ransomware, hardware malfunctions, software malfunctions, misuse, user ignorance, etc.. Related charges due to pre-existing conditions to repairing, services and travel fees are valid, due and payable. |
| Abandoned Property: | Equipment will be considered abandoned by the client if it is not picked up or scheduled for drop-off after service is complete, with payment provided in full for all services rendered. The grace period to claim any equipment is a period of (30) days from the final invoice/appointment date (whichever is latest). US Service Center will make a best effort of at least (3) recorded contact attempts with the client including email and/or telephone and/or postal mail, utilizing no more than (2) of the same methods of contact. After the aforementioned time period with no contact from the client, equipment will be considered the sole property of US Service Center. |
| Returns: | We do not accept returns and/or refunds. |
| Returned Checks/e-Checks: | Returned checks and e-checks for any reason will result in a $35 returned check charge. |
| Rollover: | The amount of remaining which is transferred to the next period. Rollover credits are non-refundable. Upon completion or termination of contract, remaining retainer hour(s) will be forfeited. |
| Contract Renewals: | All contracts are annual unless otherwise stated. Contracts and recurring billing will automatically be renewed until client cancels. Which ever day of the month of the contract commencement, the contract will commence on the 1st of that month. There are no prorations since it is not date driven it is month driven. Contract renewal date is always for the 1st of the month. Any related sales tax and government fee(s) will be updated to current rates without notice. |
| Contract Rates/Price Adjustments: | Contracts are subject to price adjustments with or without prior notice. US Service Center reserves the right, at its sole discretion, to add, discontinue, supersede, or alter any services and contracts subject to this agreement, statement of work and its addendums, including but not limited to the charges for such services. Written notice will be delivered to partners and clients where required. Our hourly labor rate pricing and all other services provided may be adjusted at any time with or without notice. |
| Approved Work and Recurring Services: | Client approves all work performed and agrees to specific labor, material and/or recurring fees. This approval can either by accepted via a signed work order, service ticket, quote, invoice, e-mail, ticket creation via e-mail, voicemail, video call, remote session, social media, telephone call, SMS, MMS, GPS tracking, electronic timekeeping, mobile App, e-signature, through a proxy, payment, any electronic form, and/or verbally. |
| Electronic Filing | Once work/service orders and projects are completed, we electronically file all our paperwork including completed and signed work orders, invoices, quotes, retainers, contracts and everything related. Once the paperwork is scanned into our system, it is shredded. Client agrees this electronically filed paperwork is legally binding and is equally enforceable to it’s original counterparts. |
| HIPAA and PCI Compliance | If you are out of PCI and/or HIPAA Compliance, our objective is to bring your organization into compliance. We will be providing you a number of recommendations, suggestions and required upgrade proposals upon request. These are based upon our expertise in the field. If you choose not to proceed with these recommendations, suggestions and/or proposals, we will not be held liable for your HIPAA and/or PCI non-compliance. This is ultimately your responsibility and we will not be held accountable for inaction on your part. |
| Force Majeure: | Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations which include but not limited to war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, public health emergencies, and acts of state or governmental action prohibiting or impeding any party from performing its respective obligations under the contract. |
| Legal Correspondence/Notice(s): | All notices required or permitted under our Agreement(s) shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed to: Consultant: US Service Center, 2711 N. Sepulveda Boulevard #110, Manhattan Beach, CA 90266. If for client, to their address and contact information we have on-file. |
| On-site and remote work: | Work performed on-site will be 100% billable unless otherwise stated. Off-site and remote work is also 100% billable unless otherwise stated. Off-site and remote work would not have formally signed paperwork. Either on-site, off-site or remote service request(s) normally are requested in-person, via e-mail, work order, service ticket, telephone call, voicemail, SMS, MMS, GPS tracking, electronic timekeeping, mobile App, quote, invoice, e-mail, e-signature, through a proxy, payment, and/or verbally. |
| Quote/Proposal Cancellation Policy: | Once a quote/proposal has been approved, there are no cancellations allowed and/or refunds issued. The quote/proposal remains due and payable. |
| Reconciliation and Corrections in Contracts and Invoicing | Omissions and discrepancies may be discovered at the time we perform any account reconciliations, invoice reconciliation, contract reconciliation, and/or vendor invoicing reconciliation. At the time an error, discrepancy, or omission is discovered, a correction will be applied to your contract and/or account and will be invoiced immediately and appropriately. |
| Contracts/Contract Renewals Cancellation(s): | Contracts/Contract Renewals must be cancelled in writing, or approved electronic form. The client must submit a 30-day written notice. This notice must be received prior to the contract end date otherwise the contract remains in effect, due and payable. Contracts/Contract Renewals cancelled during their term any remaining portion shall not be refunded. A termination fee may apply. We will remove such subscriptions within 30 days of their respective expiration(s). We reserve the right to cancel any unpaid contracts with or without notice to client. Client is responsible to keep their account in good standing to ensure continued services. Client agrees that US Service Center may terminate the contract with no further liability to US Service Center in the event the Client breaches the payment terms set forth by agreement. |
| Contract On-Boarding: | All contracts will have a comprehensive on-boarding procedure. The level of on-boarding will be determined upon the type of contract and the level of service requested by the client. This procedure will ensure we perform our due diligence to review and examine your current I.T. infrastructure, passwords, and your I.T. is brought to our standards. The on-boarding procedure is a fee to be paid by the client. Devices worked on by third-party providers without US Service Center supervision may need to be re-onboarded to ensure they are safe, secure, and at our standards. Re-onboarding is a fee to by paid by the client. |
| Contract Off-Boarding: | All contracts, upon termination, the client will be invoiced an off-boarding invoice. The fee is calculated based upon the current environment size, and our current on-boarding fee. Off-boarding is the process that leads to the formal separation between US Service Center and your organization. The off-boarding procedure is key in a smooth transition from US Service Center to your new service provider. This will include: any cancellation fee of the contract; deactivating access rights and passwords; deactivating current licensing; reset of all passwords associated with your account and tied to our MFA (multi-factor authentication); provide you documentation of all passwords we have knowledge to each asset item; uninstallation, removal and deactivating of any and all of our management, security software, and hardware; turning in equipment; pick up any leased equipment; and pick up of any unpaid equipment. Software updates will need to be re-enabled by you or your organization. Off-boarding will occur between the 20th and end of the last service month. NOTE/Important: the off-boarding procedure cannot occur until the off-boarding invoice is paid in full, account is paid in full, and account is in good standing. |
| Co-Managed Clients: | All co-managed clients will adhere to the contract and contract terms set forth by their primary contracted partner plus adhere to the US Service Center terms and conditions. The combined terms and conditions will constitute the co-managed client’s complete terms and conditions and will bind them to these contract terms. |
| Account Ownership Change(s): | Any account ownership changes may result in a change account fee(s). This would include any changes to trust, probate, sell, purchase, legal change, legal matter, or any other types of changes to which affects account ownership. This fee may include attorney fee(s), licensing fee(s), software fee(s), court fee(s), legal cost(s), labor fee(s), and any additional consulting needed to complete the change(s). This will be billed to the new account holder. In case of any further bill collection issue(s), the original account holder will be billed. |
| Recordings: | Telephone calls, video calls, meetings, onsite, and remote sessions may be recorded for training and other purposes with or without prior knowledge. These recordings and photos can be used for proof of acceptance and authorization to any orders, work, invoices and payment authorizations. |
| Debit Collections: | If you have a balance overdue, we may choose to turn your account to a professional debt collector. Your hereby agree to pay all costs of collections including reasonable attorneys’ fees. |
| Contractor and Subcontractor Liens: | In any case a contractor or sub-contractor is used, you assume the financial responsibility of any liens, i.e., property liens, construction liens, mechanic’s liens for any project engaged with us. If you have paid your related invoice with us, you are freed from the responsibility of these liens. |
| Disputes: | Any disputes that arise between the parties with respect to the performance of this contract shall be submitted to binding arbitration by the American Arbitration Association, to be determined and resolved by said Association under its rules and procedures in effect at the time of submission and the parties hereby agree to share equally in the costs of said arbitration. The final arbitration decision shall be enforceable through the courts of the State of California. In the event that this arbitration provision is held unenforceable by any court of competent jurisdiction, then this contract shall be as binding and enforceable as if this Disputes Section were not a part hereof. |
| Limited Warranty: | LIABILITY. CONSULTANT WARRANTS TO CLIENT THAT THE MATERIAL, ANALYSIS, DATA PROGRAMS AND SERVICES TO BE DELIVERED OR RENDERED HEREUNDER, WILL BE OF THE KIND AND QUALITY DESIGNATED AND WILL BE PERFORMED BY QUALIFIED PERSONNEL. CONSULTANT MAKES NO OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. IN NO EVENT SHALL CONSULTANT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE, DATA, OR USE BY CLIENT OR ANY THIRD PARTY, REGARDLESS OF WHETHER A CLAIM OR ACTION IS ASSERTED IN CONTRACT OR TORT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO CONSULTANT IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN BY CONSULTANT, 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 ONE HUNDRED DOLLARS ($100.00) AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. |
| Staff: | Consultant is an independent contractor and neither Consultant nor Consultant’s staff is or shall be deemed to be employed by Client. Client is hereby contracting with Consultant for the Services described and Consultant reserves the right to determine the method, manner and mean by which the Services will be performed. Consultant is not required to perform the Services during a fixed hourly or daily time and if the Services are performed at the Client’s premises, then Consultants time spent at the premises is to be at the discretion of the Consultant; subject to the Client’s normal business hours and security requirements. Consultant shall not be required to devote Consultant’s full time nor the full time of Consultant’s staff to the performance of the services required hereunder, and it is acknowledged that Consultant has other clients and Consultant offers services to the general public. The order or sequence in which the work is to be performed shall be under the control of Consultant. Except to the extent that the Consultant’s work must be performed on or with Client’s computers or Client’s existing software, all materials used in providing the Services shall be provided by Consultant. Consultant’s Services hereunder cannot be terminated or cancelled short of completion of the Services agreed upon except for Consultant’s failure to perform the Agreement’s specification as required hereunder and conversely, subject to Client’s obligation to make full and timely payment(s) for Consultant’s Services as set forth in these terms and conditions. Consultant shall take appropriate measures to insure that Consultant’s staff is competent and that they do not breach Client’s confidential information. Each of the parties hereto agrees that while Consultant is performing Services under this Agreement and for a period twelve (12) months following the performance of such Services or the termination of this Agreement, whichever is later, neither party will, except with the other party’s written approval, solicit or offer employment as an employee, consultant, independent contractor, or in any other capacity to the other party’s employees or staff engaged in any efforts under this Agreement. Customer understands that Consultant spends considerable time, money and effort finding, hiring, training and growing employees. Customer shall agree, during the term of this Agreement and for a period of twelve (12) months after its termination, not to knowingly solicit, recruit, or employ any employee of Consultant without the prior written consent of Consultant. Customer agrees that a breach of this provision shall incur a payment of fifty (50) percent of employee’s annual pay or $20,000, whichever amount is greater, upon commencement of employment. This is agreed to be fair compensation for the cost of finding, hiring and training of the replacement of the employee. This provision for compensation shall not limit remedies for any other breach of this Agreement, nor shall it preclude the assertion of any cause of action independent of this provision. |
| Risk Acceptance: | The Client acknowledges and agrees that they are solely responsible for ensuring compliance with all applicable IT and technology related compliance requirements, including verification and adherence to all relevant laws, regulations, and standards. The client understands and agrees US Service Center shall not be held liable for any non-compliance or failure to meet these requirements. The Client accepts all risks associated with non-compliance and agrees to hold US Service Center harmless from any claims, damages, or liabilities arising from the Client’s failure to comply with IT and technology related compliance requirements. The Client is advised to seek independent legal counsel to fully understand their responsibilities and the implications of this Waiver. The Client acknowledges that they have read and understood this waiver and agree to its terms. |
| Indemnity: | Each party shall indemnify, defend, and hold the other party harmless from and against any and all claims, actions, suits, demands, assessments, or judgments asserted, and any and all losses, liabilities, damages, costs, and expenses (including, without limitation, attorney’s fees, accounting fees, and investigation costs to the extent permitted by law) alleged or incurred arising out of or relating to any operations, acts, or omissions of the indemnifying party or any of its employees, agents, and invitees in the exercise of the indemnifying party’s rights or the performance or observance of the indemnifying party’s obligations under this agreement. Prompt notice must be given of any claim, and the party who is providing the indemnification will have control of any defense or settlement. |
| Relationship of the Parties: | The relationship of the parties under this agreement is that of an independent contractor and the company hiring the contractor. In all matters relating to this agreement each party hereto shall be solely responsible for the acts of its employees and agents, and employees or agents of one party shall not be considered employees or agents of the other party. Except as otherwise provided herein, no party shall have any right, power, or authority to create any obligation, express or implied, on behalf of any other party. Nothing in this agreement is intended to create or constitute a joint venture, partnership, agency, trust, or other association of any kind between the parties or persons referred to herein. |
| Limit of Liability: | In no event shall either party be liable to the other or any third-party in contract, tort or otherwise for incidental or consequential damages of any kind, including, without limitation, punitive or economic damages or lost profits, regardless of whether either party shall be advised, shall have other reason to know or in fact shall know of the possibility. Under no circumstances shall the client hold US Service Center liable for any actions or omissions by third-party service providers. The client further agrees that their use of the services shall be governed by the terms and conditions outlined in the agreements specified by US Service Center. US Service Center shall not be liable for any damages, losses, or liabilities arising from or related to any services provided beyond the original scope of services as agreed upon in the initial contract. US Service Center’s liability for any claims, damages, or losses arising from the original scope of services shall be limited to the amount listed in the Limited Warranty section. |
| Applicable Law: | Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in Exhibit A. This Agreement shall be construed in Accordance with the internal laws of California, indicated by the Consultant’s address without reference to any conflicts of law provisions. |
| Attorney’s Fees: | The non-prevailing party in any dispute under this agreement shall pay all costs and expenses, including expert witness fees and attorneys’ fees, incurred by the prevailing party in resolving such dispute. |
| Scope of Agreement: | If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Agreement, it will not be considered a waiver. |
| Normal Contract Term: | 1 year commitment |
Work Order/Ticket Terms:
By approving our work order and/or any paperwork, authorization/acceptance in any electronic form (e-mail, text, fax, social media, or any communication platform) or verbal authorization, you agree to all the terms unless these terms are otherwise specified. You agree the service(s) have been performed to your entire satisfaction. Customer and/or its representatives:
1) Acknowledges that it has requested and authorized the work performed;
2) Acknowledges that service work requested has been satisfactorily completed;
3) Acknowledges that it will be charged for material and services at our prevailing rates unless specific quotation has been provided;
4) Acknowledges that repairs covered by insurance are the direct responsibility of the customer and that prompt payment for materials & services will be made irrespective of insurance claim processing;
5) Client insures that all data has been backed up and USSC is not responsible for data loss and/or loss of business as a result of work performed; USSC is not responsible for computers and/or equipment with pre-existing conditions in which we have no control, including but not limited to infections, hardware/software malfunctions, etc.. Related charges due to pre-existing condition to repairing, services and travel fees are still valid, due and payable;
6) You authorize US Service Center to obtain information about you personally and your business from credit reporting agencies and other sources US Service Center deems appropriate for the purposes of updates, renewals or extensions of credit granted as a result of any transactions or in receiving or collecting the account;
7) Acknowledges all items listed above are the Property of US Service Center until this Invoice is PAID IN FULL; and
8) Any disputes regarding charges MUST be done within 10 days. 18% APR for Unpaid Balances Past Due Date. Minimum past due charge is $20.00.
9) You agree that your transactions with US Service Center shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws principals. You further agree that any lawsuit between US Service Center and yourselves shall be brought only in the state or federal courts of Los Angeles county of California. You hereby submit to the jurisdiction of such courts in any dispute with US Service Center and you waive any objections to venue being in such courts. Your hereby agree to pay all costs of collections including reasonable attorneys’ fees.
10) US Service Center (USSC) is not liable to Client or any third party for damages, including lost profits, lost savings or other incidental consequential or special damages arising out of the work performed under this agreement even if Client advised USSC of the possibilities of such damages. The Client agrees to defend, indemnify and hold USSC harmless from any and all liabilities, losses, costs, damages, penalties and any other expenses including attorney’s fees arising directly or indirectly, either from the acts or omissions under this Agreement or for the work performed. Additionally, the Client shall indemnify and hold USSC free and harmless from any obligation, cost claim, judgement, attorneys, fees and attachments rising from, growing out of, or in any way connected with the services rendered to the Client under the terms of this Agreement.
By accepting the receipt of our paperwork, i.e., work order, quote, invoice and subsequent statements, you agree and are also bound to our current service terms & conditions found within the Legal section on our web-site at www.usservicecenter.com/legal.
Proposal Terms:
Quote only includes the items and/or services listed; Price based on purchase of quantity one (1) unless otherwise specified. Pricing shown based on a discounted price for payment by cash and/or check. Payment by credit card subject to 3.5% service charge plus $1.00 transaction fee. Price does not include pickup, delivery or any destination costs unless otherwise stated; all delivery, training or consulting services to be billed at published rates for each activity involved. No returns, refunds or cancellations are accepted after quote approval. Deposits are nonrefundable. Entire agreement is due and payable. Prices subject to change without further notice. Any changes to the quote may affect costs of licensing, if applicable. Prices based upon total purchase. Monitors / LCDs / Plasmas / Laptops / Products containing same are all subject to an Electronics Waste Recycling Fee. Hardware and Parts subject to availability; equivalent substitutions may be used. This agreement is subject to revisions. Customer is bound to the current revision. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEMENT. NO VERBAL ORDERS. If this quote contains lease payment options, the lease options are provided as an estimate only. Final lease payment amount is subject to credit verification and applicable taxes as required by law. This quote applies only to the job and work described above. This estimate does not include additional materials or labor that may be required due to any unforeseen problems that arise once the job has begun. Projects are required to be performed in a sequential process and/or be coordinated with the appropriate trades and contractors, otherwise additional materials or labor may be required. Not included are permits, licenses, engineering or utility company fees. These will be assessed as they are required. Changes are subject to a Change Order and additional fees. Customer acknowledges they have read this document, understands it, and agrees to be bound by the terms and conditions shown on this quote and by our current terms and conditions found in the legal section of our web-site at usservicecenter.com/legal. By physically signing this document, electronic acceptance via eSignature, e-mail, fax, or text message; accepting and receiving the aforementioned products and/or services; and/or a payment towards the quote, any one of these methods will signify acknowledgement and acceptance of the aforementioned terms and conditions and the scope of work. (last updated 02/01/2020)