Terms of Service Agreement
Thank you for engaging Mid-Atlantic Computer Solutions, LLC (“MACS”) as your technology consulting partner. We are very pleased to have you as a client. Experience has shown us that our relationship is enhanced when there is a mutual understanding about our fees and billing procedures as well as other important aspects of our professional services.
MACS is a service business; therefore, we bill for our time. All work will be billed at our standard hourly billing rates in effect at the time the work is performed. Currently our hourly rates vary based on whether you are a business or a home customer. Further, if you are a business customer, our rates will vary depending on how many hours you purchase.
From time to time a client has critical needs that might need to be addressed after normal business hours. Therefore, all work performed before 9:00 a.m. and after 6:00 p.m. weekdays, on weekends, and on holidays is considered overtime. Weekdays between 6pm and 9pm, overtime is billed at 150% of our standard rate; Night (after 9:00 p.m.), Early Morning (before 9:00 a.m.), Saturday, Sunday, and Holiday overtime is billed at 200% of our standard rate.
Hardware & Software
As a value to our clients, we have partnered with several computer retailers, manufacturers, and
wholesalers to save you money on many items and volume licensing. Occasionally, our clients request that MACS provides such goods directly to them to save money on software volume licensing or to ensure accuracy of a complex deployment. For these special circumstances, upfront payment for hardware and software purchases may be required when an estimate/quote is approved.
Costs, Trip Charges, & Disbursements
There is a trip charge associated with every visit. For business visits, the trip charge is one-half (1/2) of the hourly fee. For home visits, the trip charge is a flat rate $35.
In addition to our standard hourly rate, pre-approved out-of pocket expenses and disbursements will be separately billed.
There is a charge if you cancel an appointment without advance notice. The cancellation fee applies only if an appointment is cancelled within two business hours of the scheduled time. Our cancellation fee is equal to 1 hour of billable time.
We encourage you to use our remote support service whenever possible. With remote support, we can provide you with immediate service and there is no onsite minimum.
Billing Procedures & Payment of Fees
For your convenience, MACS accepts all major credit cards as well as Paypal. Our accounting department will work with you to setup your preferred payment methods. All work will be billed to you at least once a month. If you fail to make a payment within thirty (30) days of the date of the invoice, MACS may charge a late fee of 1.5% on the outstanding balance per month. In the event your account is referred to the collections process, you agree to pay MACS’s reasonable collections fees and or attorney's fees and court costs.
We urge you to have a routine data backup system. If you would like MACS to design and implement such a system, please contact us.
We strongly recommend that data be backed-up prior to work being done on your computer system. MACS is not responsible for the direct and/or indirect cost associated with any loss of data. We are available to assist with data recovery at our customary rates for the service.
MACS has spent time and money in attracting, hiring, and training its employees. Therefore, by engaging us you understand that you may not hire our employees.
We will not knowingly install unlicensed software.
Each software title that is purchased and/or installed has a license agreement. The license may be for one (1) machine or may be for many machines. You are solely responsible for the adherence to the licensing rules. We will be pleased to load any software on any machine that you direct with the understanding that you know and properly adhere to the licensing rules for that software program.
If you request in writing, MACS can perform a complete license review of your entire company.
Limitation of Liability
Mid-Atlantic Computer Solutions makes no warranties of any kind, either express or implied, with respect to the services performed hereunder, including, without limitation, the implied warranty of fitness for a particular purpose or merchantability. In no event shall MACS be liable for any special, indirect, consequential, or punitive damages to customer or any other party as a result of the performance or non-performance by MACS of any services described herein, (including, without limitation, loss of data, profits, or use of software) whether foreseeable or not, even if MACS has been advised of the possibility of such damages. MACS liability with respect to, arising from, or in connection with this Agreement, whether in contract, in tort, or otherwise, is limited to amounts paid by Customer to Contractor, excluding travel and per diem expenses, pursuant to the terms hereof.
Disclaimer of Warranty
The services, information or data (collectively, "Information") made available at by MACS is provided "AS IS," without warranties of any kind. MACS expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. MACS shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, computer software, peripheral devices, or other related equipment, materials and business resulting from the Information or the lack of information provided by MACS in person, via email, or via the MACS web site. MACS shall have no liability for:
• Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
• Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
• Any decision made or action taken or not taken in reliance upon the Information furnished
MACS makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. MACS makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, "MACS" shall include Mid-Atlantic Computer Solutions and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
Termination of Services
You have the right to terminate our services at any time. We also have the right to terminate our working relationship with you at any time for any reason, including non-payment of fees. You remain liable, even after termination, for any fees and costs incurred prior to our termination, whether the termination occurred at your request or ours.
Occasionally, these standard Terms of Service may be modified and the modified Terms of Service will be provided to you.
If you have any questions or comments on a revised Terms of Service, please contact us in writing. If either party chooses not to enforce any provision(s) of these Terms of Service, it shall not be construed as a waiver or limitation of that party’s right to later enforce and compel strict compliance with every provision of these Terms of Service.
If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions continue to be valid and enforceable.
The laws of the State of Virginia shall govern these Terms of Service.
We look forward to a long and mutually rewarding relationship.