Terms and Conditions
Consulting Services Terms and Conditions
Consulting Service Terms and Conditions
Last Updated: 7/26/2020
Agreement: Either by establishing a Prepaid Block of Time (BOT) / Priority Support Agreement with Jaydien Network Solutions, referred herein as contractor or JNS, or agreeing to accept consulting services on an hourly basis from JNS, the Customer or Client agrees to following terms and conditions:
- These terms and conditions may be updated at any time and without written or verbal warning or notice. This agreement allows for JNS to provide the necessary computer support and to have full access to all necessary equipment supported by the Customer’s business. Work is to be completed only on computers located at the Customer’s office(s) that are on file with us as listed by the bill-to address or at our primary place of business If the customer chooses to drop off equipment at our premises for repair or service. We are not responsible for lost or stolen equipment if said equipment is left at our office for repair or service.
- Any work performed shall be billed at the hourly rate according to the level of the priority support agreement entered into by the Client or by the standard time and materials hourly rate. All hourly rates are dependent upon the particular priority support agreement that the Client has entered into. If the Client has not entered into a priority support agreement, the standard time and materials rate applies. After a Client establishes a priority support agreement with JNS, service hours will then be deducted from the Customer’s existing BOT until the BOT is depleted and at which time it may be renewed at the same or different level. At the discretion of JNS, work performed on other computers or networks not residing at the afore listed office and therefore outside of the BOT contract may be billed at the current time and materials hourly rate.
- BOT accounts must be renewed before the retainer balance on the BOT account reaches zero hours. If a BOT account retainer balance reaches zero service hours, all subsequent service and travel time will be billed at our normal hourly rate of $125/hr. and there will be no guaranteed response time on service requests.
- Residential service or repair will be billed at the hourly rate established for residential service and repair. A diagnostic fee will be charged for all repairs. If the customer chooses to go forward with the repair present by JNS, the diagnostic fee will be applied to the total bill.
- Predetermined costs for certain residential service and repairs have been established by JNS and are clearly listed on our website.http://www.jaydien.com/residential-computer-repair.html
- Commercial Service, Residential Service or Prepaid Contract Conditions:
- Appointments are to be scheduled Monday through Friday 9:00 a.m. to 5:00 p.m. excluding major holidays (see below for holidays), unless prior arrangements are made. Voice mail and email requests are reviewed and acknowledged prior to service guarantees and are considered next business day for tracking purposes.
- Services performed during holidays will be charged double the hourly time. Holidays are as follows: New Year’s Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving, Christmas Eve, Christmas Day, day after Christmas, and New Year’s Eve.
- Response times for emergencies may vary due to uncontrollable circumstances; however every effort will be made to arrive within the guaranteed response time of your particular level of priority support agreement/BOT or the service guarantee will apply for that occurrence. Standard time and material rates do not include a guaranteed window of service.
- Services performed after normal business hours (business hours are Monday – Friday 9:00 a.m. to 5 p.m.) will be charged at a rate of time and a half and weekends are double time.
- Phone support and/or offline support, including NetWatch support, will be billed in increments of 5 minutes with a 15 minute minimum.
- Onsite support will be billed with a 1 hour minimum and in 5 minute increments thereafter. Travel time charges apply and are billed out at the normal hourly rate of $125/hr. If you have been designated a special hourly service rate, than that special hourly service rate will apply to the travel time charge. If you are a BOT contract customer, than the actual travel time will be deducted from your BOT balance.
- For travel time that is greater than 20 minutes, return travel time costs will apply. Return travel time costs are billed out at the normal hourly rate of $125/hr. If you have been designated a special hourly service rate, than that special hourly service rate will apply to the return travel time charge. If you are a BOT contract customer, than the actual return travel time will be deducted from your BOT balance.
- Client will reimburse for all long distance phone calls made in the effort to service Client’s computers.
- If Client requests JNS to purchase parts, Client agrees to pay/reimburse for costs incurred for acquiring any replacement parts on the same day the parts are purchased.
- All time spent consulting with or for the Client in selecting any replacement parts will be considered billable hours if or when the Client purchases from another or 3rd party vendor.
- Client understands that the level of internet connectivity on-site may result in certain tasks taking longer than usual or expected.
- All hardware and software is warranted as per the manufacturers specifications and or offering such as long term or extended service contracts. Installation of software is not covered under warranty. All hardware and software sold by JNS to Client and installed at Client premises and or previously sold to or installed by another 3rd party will only be supported or warranted by JNS if the hardware or software is being used or implemented according to the guidelines or specifications as specified by the hardware or software manufacturer. JNS will not support or warranty any non-standard installation, non-standard configuration or non-standard use as defined by the hardware or software manufacturer.
- No warranty or guarantee is provided, under any circumstance, for commercial or residential service provided either on-site, remotely or at our primary place of business. A reasonable period of good faith will be provided to resolve an issue that reoccurs or is not initially resolved by JNS staff. By no means does this amount to a written guarantee or warranty that will provide the customer with free service or repair for work already performed.
- Refunds and Contract Terminations:
- Refunds – No refunds are allowed or shall be granted for prepaid service hours or monthly contract fees. Prepaid services hours and monthly contract fees are non-transferable for use with hardware, software or any other non-service related purchases and will remain in a non-interest bearing account until such funds are depleted or expire.
- Contract Terminations – Monthly, Quarterly, Yearly and Prepaid Service Contracts may be terminated at any time by both the JNS and the client. Termination fees may apply and credit balances are subject to the JNS refund policy.
- Monthly Re-occurring Services – All monthly reoccurring services that are established between the customer and Jaydien Network Solutions have a minimum term of 12 months. No monthly re-occurring services offered by Jaydien Network Solutions are offered in a month-to-month term for the billing cycle. If the customer wishes to terminate the service, a minimum of 30-days notice must be given prior to the termination date. If a minimum of 30-days notice of termination is not given prior to the termination date, services will automatically be renewed for another 12 month term. The subsequent monthly charges will be processed using the payment information on file with our billing department.
- Confidentiality/Security: The Client acknowledges that during the engagement of business, JNS will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by the Client and/or used by the Client in connection with the operation of its business including, without limitation, the Clients business and product processes, methods, customer lists, accounts and procedures. JNS agrees that no disclosure will occur of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement of business with the Client. All files, records, documents, blueprints, specifications, information, letters, financial records, notes, media lists, database files, client lists, original artwork/creative work, notebooks, and similar items relating to the business of the Client, whether prepared by JNS or otherwise coming into the possession of JNS, shall remain the exclusive property of the Client. JNS shall not retain any copies of the foregoing without the Clients prior written and/or verbal consent. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Client, JNS shall immediately deliver to the Client all such files, records, documents, specifications, information, and other items in possession of or under the control of JNS. JNS further agrees not to disclose any information regarding the retention of JNS services as an independent contractor or the terms of this agreement to any person without the prior written and or verbal consent of the Client and shall at all times preserve the confidential nature of the relationship to the Client and of the services hereunder. Client agrees not to disclose or discuss any information with employees of JNS regarding the services, work performed, complaints, decisions regarding work performed or to be performed, terms of retention including, but not limited to dates of service, compensation to JNS or compensation to employee or any other such information.
- Termination: This Agreement may be terminated in writing at any time by JNS if the Client violates the terms of this Agreement. This Agreement may also be terminated in writing at any time by Client if JNS violates the terms of this Agreement. In the event that JNS fails to comply with the terms of this Agreement, due to unforeseen circumstances, JNS will allow Client to terminate the Agreement in writing.
- Disputes: Any dispute related to this Agreement shall first be addressed by JNS and Client. If Client and JNS fail to come to a resolution, Client agrees to resolution with the help of a trained mediator who shall be a neutral third party. JNS and Client agree to split the cost of mediation resulting from disputes over this agreement. If no violation of Agreement has occurred and Client simply fails to pay and/or comply with the terms of this agreement or any other binding agreement or contract, JNS will pursue legal action in small claims court. Client agrees to pay for all costs associated with small claims court in addition to any late fees, finance charges incurred, bank fees, etc.
- Warranty of Service: No warranties of service will be granted to the Client for consulting services provided. If multiple or more than a single service call is needed to address a particular issue, each individual service call will be billed accordingly and separately. Furthermore, the Client agrees to incur any additional charge required by such additional service. If an issue cannot be resolved due to factors outside of the JNS’s control, the Client shall be responsible for any and all services charges incurred while trying to resolve said issue.
- Warranty of equipment: Warranties that are provided on hardware or software purchased from JNS are subject to the terms and conditions set forth by manufacturer, developer or supplier of that particular hardware or software. Pricing, specifications, availability and terms of offers may change without notice, are not transferable. Taxes, fees, shipping, handling and any applicable restocking charges may vary and do apply. The previously mentioned fees are not subject to discount. JNS will provide, as an added service and cost, troubleshooting and part replacement capabilities to the Client to either help determine the cause of the problem, status of malfunctioning equipment and/or to bring hardware or software back to a functioning status. We will not however, provide warranty for parts or service on behalf of any manufacturer or software developer or 3rd party consultant(s).
- Training: Basic training will be provided to the end user or Customer for new equipment or software installed by JNS. If our technical or sales staff does not possess the knowledge or experience required for any given software or hardware package, in order to provide adequate training, we reserve the right at any time, and without penalty or consequence, to decline the offering of any training services and forward any such request or related questions to the manufacturer’s documentation, website or other qualified training partners.
- Abandoned Equipment: Equipment dropped off to our facility for repair, or authorized for transport back to our facility for repair, must be picked up and paid within 30 days from completion of the repair or build. Equipment not picked up and paid by this time will be charged a storage fee of $5/day. Equipment not picked and paid within 60 days from completion of the repair or build will be taken possession of by Jaydien Network Solutions.
- Payment Terms:
- 100% of the equipment cost, on all equipment, is required before any equipment shall be ordered by JNS on behalf of Client. All equipment quotes must be signed by an authorized agent or representative of the Client before any equipment is ordered. If deposit payment is made by check, JNS reserves the right to delay ordering of any equipment until funds have cleared our account. If deposit payment is made by credit card, JNS reserves the right to delay ordering of any equipment until funds have cleared our account.
- Payment can be made by cash, check or credit card or check by phone.
- If, by any reason, the scope of the originally agreed upon project changes whereas equipment and/or services are added to the original scope of work and/or bill of materials, those service and/or equipment changes will not be included in the original payment terms for the original project and scope of work and are subject to their own and separate payment terms.
- If deposit terms for equipment purchased are agreed upon between JNS and the customer, whereas the balance of said equipment is to be paid after the installation of the equipment has been completed, started, or reached an agreed upon milestone or the project as a whole has been completed, started or reached an agreed upon milestone, then the subsequent equipment installation date has to be scheduled and work has to commence no later than 30 days from the date that the equipment arrives at our facility. If more than 30 days has passed since the arrival of all of the agreed upon purchased equipment, then the balance due on said equipment must be then paid in full, regardless of the project completion status.
- All priority support agreements require payment in full upon signing of the contract.
- No support services will be rendered until payment in full has been made.
- If a payment is made by check, JNS reserves the right to delay any services until funds have cleared our account. If a payment is made by credit card, JNS reserves the right to delay any services until funds have cleared our account.
- Any and all services performed at our standard time and materials rate requires payment in full at the end of that particular service call. Payment can be made by cash, check or credit card or check by phone
- Term Details:
- Zero Days of Good Payment History Or Late Payment History– All Invoices Are Due Upon Receipt – 5% late fee is assessed for every 30 Days an invoice is overdue
- 180 Days of Good Payment History (Minimum of 6 Invoices) – Net 15 Terms – 5% late fee is assessed for every 30 Days an invoice is overdue.
- 1 Year of Good Payment History (Minimum of 12 Invoices) – Net 30 Terms – 5% late fee is assessed for every 30 Days an invoice is overdue.
- Jaydien Network Solutions reserves the right to adjust, modify or change these terms at any time and with out notice to the client if we so choose to.
- If an account reaches 90 days overdue, it will automatically be sent to collections for the full amount due plus any late fees and/or interest.
- Subscription / Reoccurring Payments:
- Payments for reoccurring monthly, quarterly, semi annual and annual subscriptions must be processed by an ACH payment or credit card payment which is kept on file for the duration of the subscription.
- Subscriptions will remain in effect until canceled in writing. Customer must notify Jaydien Network Solutions in writing of any changes to the account information or termination of this authorization at least 30 days prior to the subscription expiration. If a minimum of 30-days notice of termination is not given prior to the termination date, services will automatically be renewed for another 12 month term. The subsequent monthly charges will be processed using the payment information on file with our billing department.
- In the case a Credit Card or ACH Transaction being rejected or denied, I understand that Jaydien Network Solutions may, at its discretion, attempt to process the charge again within 30 days.
- Jaydien Network Solutions reserves the right to suspend services due to non-payment.
- Subscription prices and/or terms are subject to change without prior written notice at any time.