1. Data migration recovery. Dytech Group, Inc. (Dytech) proposals do not cover the migration of any data or applications from the existing server or PC’s to the new server or PCs unless specifically detailed in this proposal. Due to the uncertainties regarding time and complexity, we cannot accurately estimate the hours required for inclusion of data migration in a proposal. Additional charges above and beyond any estimates of time required. The client hereby agrees to payment of such additional charges in incurred. Proposals do not cover any service related to the recovery of data from failed or failing component.
2. Additional Services. Any request for configuration or support of PC, server, telecommunications or the network equipment, software or components not specifically covered in a proposal or agreement shall be billable at Dytech’s standard support rates.
3. Unforeseen circumstances. The client hereby acknowledges that the services in this proposal to be performed on existing hardware or software are estimated based upon the assumption the hardware and software are properly configured and fully functional. Any troubleshooting, repair, upgrades, updates, or reconfiguration required to restore the equipment supplied by the client to proper working condition and allow Dytech to perform these services WILL be billable as additional services at our standard rates.
4. Structural and Safety Issues. The client acknowledges that there are no known building structure issues that would: prevent placement of network equipment, servers, or cabling: significantly increase the time and effort required to install such equipment (such as: firewall, inaccessible installation areas, asbestos, etc.); or pose a safety hazard to a Dytech Employee. The client understands that it shall be the client’s responsibility to rectify any structural or safety issues to Dytech’s satisfaction prior to the commencement of work and that failure to rectify these issues to Dytech’s satisfaction shall relieve Dytech of commitments with regard to the performance of services in this proposal, including price and availability changes. The client agrees to hold Dytech harmless should a change in cabling be required during or after completion of an installation, whether due to a change in building code or otherwise.
5. Electrical Power and Surge Protection. It is the client’s responsibility to provide adequate electrical power and receptacles at the desired location for the placement of the system components. Dytech strongly recommends the use of high-quality surge suppression devices for the connection of all electrical power and network cables to computing devices. We also strongly recommend the use of an Uninterruptible Power Supply (UPS) for all servers and networking equipment (switches, routers, etc.) to prevent the data loss in the event of a power brownout or blackout. Dytech assumes no responsibility for any physical damage or loss due to inadequate surge or power protection.
6. Pre-Existing Equipment and Conditions. Dytech assumes no responsibility for the proper functioning of any pre-existing data network cabling including whether said cabling is certified to handle the date networking speeds proposed and desired. In the event that a cable or cables are non-functional or are determined to be the cause of connectivity problems over the network, any troubleshooting, testing, or repair or replacement shall be billable at Dytech’s standard network engineering rates. Dytech assumes no responsibility for troubleshooting or rectifying any defects or configuration errors in pre-existing client-supplied hardware or software. The client understands that any troubleshooting, testing, repair or replacement shall be billable at Dytech’s standard support rates.
7. Telecommunications and Internet Access. The client understands that Dytech is neither a carrier nor provider of telecommunications services or Internet access services. The client understands that any data transport services desired will have to be negotiated with a data carrier or ISP and that these services shall involve separate financial and legal commitments to the data carrier or ISP services rendered.
8. Software Licensing. The client understands that appropriate software licenses must be possessed for all client-supplied software that Dytech will be installing or configuring. This includes possession of one license for each instance of an individual software program in use on each computer, possession of a license for any network server software, as well as client access licenses appropriate to the number of clients accessing such network software. The client further asserts that Dytech has communicated this and that Dytech has no responsibility or liability with regard to software ownership or licensing.
9. Pricing and Availability. The client acknowledges that pricing and availability of computer hardware, software and components is inherently volatile. The client understands that Dytech cannot control the availability of items specified in this proposal and the items may no longer be available when the agreement is signed and that pricing is subject to change at any time prior to acceptance of this proposal. 10. Payment terms. You must pay all invoices within ten (10) days. If you do not pay within the allotted time then all services will be suspended and we will charge you interest at the rate of 18% per annum (1.5% per month) until the amount is paid in full.
Purchaser is responsible for any charges due to collection of past due accounts including reasonable attorney’s fees.
11. Dytech’s business service hours are as follows: Normal business hours: 8 a.m. to 5 p.m. Monday through Friday (excluding company-observed holidays). Non-business hours: 5 p.m. to 8 a.m. Monday to Friday and Saturdays, Sundays and company-observed holidays.
12. Dytech charges 1.5 times the standard rate for after hours and weekend service. Dytech service fees are detailed in our rate sheet.
13. Dytech will make every attempt to provide service and response times during normal business hours to minimize premium charges. Dytech failure to meet a response commitment as a result of traffic delays, acts of God or other circumstances out of the control of Dytech shall not be considered a failure to perform.
14. Dytech adds an additional ½ hour to service calls in the Orange, Seminole, and Osceola county areas for travel time. Service calls outside of these three counties will have additional travel time per our standard rate sheet.
15. Delivery, Acceptance and Warranties. By accepting this proposal, the client acknowledges the following Delivery and Acceptance policy: “As an authorized representative of the Company, the final payment for the project indicates the satisfactory delivery and acceptance of all equipment and the satisfactory completion of all services agreed to be performed by Dytech Group. All equipment is in satisfactory working order and all services have been performed in accordance with the sales agreement between the Company and Dytech, I understand that any further requests for configuration, installation or troubleshooting shall be billable on an hourly time and material basis at Dytech’s standard rates, unless the request is the result of a valid error in configuration that existed at the time of delivery and installation or an item in the defined scope of work that has yet to be completed. I understand that if it is determined that configuration error was the result of changes made after delivery and installation, any services provided to correct the error shall also be billable and the Client hereby agrees to payment of such charges.”
16. The client understands that upon completion of a project, any additional installation, troubleshooting, repair or replacement or configuration services shall be billable on a time and material basis at Dytech’s standard rate. Dytech warrants valid errors in original installation or configuration of hardware or software for a period of ninety (90) days from the date of completion. If a valid error in installation or configuration is identified, Dytech will perform any required services and make any necessary adjustments at no charge to the client during this period.
17. The client also understands that Dytech offers no warranties, whether express or implied for equipment provided as a part of a proposal. The manufacturer’s warranty, if available shall be the only recourse for obtaining warranty coverage for defective hardware or software. Furthermore, the client understands that while Dytech is a knowledgeable, certified service provider for most computing equipment, we are not a warranty repair service center, and as such are not authorized to perform warranty repair or replacement should they be required.
18. The client further acknowledges that manufacturer’s warranties, if applicable, do not cover labor related to “restoration of service” which may include: re-installation of software, operating systems, device drivers, network configuration settings, data restoral, etc. which are all billable services.
19. The client understands and acknowledges that any service requested for troubleshooting, repair, or configuration are billable even if the determined cause of the service call was a manufacture’s warranty-covered failure.
20. Non-hiring clause. Our extensive process of recruiting, selecting, training and grooming of our employees is both costly and valuable and we strongly discourage any Dytech client from soliciting an offer of employment to a Dytech employee. The client hereby agrees to pay a placement fee to Dytech equal to 50% of the first year’s salary or compensation offered or annualized equivalent of any contract rate, should the client hire or sub-contract a Dytech employee.
21. Limitation of Liabilities. By signing this document, the client agrees to hold Dytech harmless against any loss, including: direct, indirect, incidental, consequential, loss of business profits and punitive or special damages, even if Dytech has been advised if the possibility of such damages, which may result from the malfunction or failure of a computer hardware or software program resulting in the loss of business information or the data or from any services performed by Dytech or its employees or designees. Dytech does not assure, warrant, insure, or imply uninterrupted operation on computing equipment. Dytech assumes no responsibility for the use or content of any hardware or software provided, serviced, configured or supported.