Please read the sample Service Agreement below carefully to better understand our retainer-based services. For the terms of our core Managed Service Plan (MSP) offering, discover our plans here and contact us directly for a proposal. An appropriate agreement will be assembled based on the accepted MSP proposal.
THIS SERVICE AGREEMENT (the “Agreement”) is made and effective this TBD date (the “Effective Date”), by and between Start On Technology LLC (the “Company”) with a principal place of business at PO Box 831351, Miami, FL, 33283, and TBD (hereinafter “Client”). Each party to this Agreement shall be referred to as the “Party” when referenced individually, and in collective, the “Parties”.
§ 1. DESCRIPTION OF WORK: Client has engaged the Company to provide Client with IT computer support (the “Services”). The Company will render the Services on an hourly basis, for a total number of TBD hours at the rate of TBD amount per hour. Client shall not be required to use all such agreed-upon hours of the Services within any specific time period and Client’s failure to use the agreed-upon hours will not affect an expiration of such hours.
§ 2. PAYMENTS/CHARGES: In exchange for the Services, Client agrees to pay to Company as compensation a non- refundable payment in the amount of TBD at the time of execution of this Agreement (“Retainer”). The Retainer shall be applied to Client’s account and charged against at the hourly rate indicated above. This amount will be deemed earned in full upon payment. Client agrees that when one (1) hour or less of the agreed-upon hours of Services remain available for Client’s use, Client will be required to pay an additional TBD amount as a forward credit on this Agreement. Client will not be eligible to receive any refund of the Compensation, or any part thereof, regardless of whether any or all of the agreed-upon hours of Services remain to be performed.
§ 3. COVERAGE: All work by Company is to be done during regular business hours from 10:00am to 6:00pm Eastern Time, Monday through Friday, excluding public holidays. Services will be provided in a manner that will least disrupt the business of the Client. Exceptions can be made at the discretion of the Company.
§ 4. COMPLETE TERMS OF SERVICE: Client acknowledges that this Agreement, consisting of the foregoing, correctly sets forth the entire agreement between Company and Client with respect to the Services described herein. No agreements or understandings concerning the foregoing shall be binding on either of the Parties hereto unless specifically set forth in this Agreement. By executing this Agreement, Client hereby certifies that he/she has read this Agreement, that the Client agrees to its terms and conditions and that the signer is duly authorized to execute on behalf of the Client named above.
§ 5. ATTORNEY’S FEES, CHOICE OF LAW & VENUE: This Agreement shall be governed under the laws of the State of Florida. Any litigation brought to enforce the terms of this Agreement shall be brought in Miami-Dade County, Florida. The prevailing party in any litigation shall be entitled to reasonable attorney’s fees and costs incurred. This entitlement shall not require a final judgment to be rendered. This entitlement may be determined at a hearing at any time in the litigation.
§ 6. CANCELLATION POLICY: This Agreement will remain in effect until all the agreed-upon hours of Services, described in Section 1 hereof, have been exhausted. Pursuant to Section 2 hereof, if Client terminates this Agreement before all hours of Services have been performed, Client will receive no refund of payment made for such Services. In the event that the Company elects to terminate this Agreement before all hours of Services have been performed, Client will receive a refund equal to the number of hours remaining to be performed multiplied by the hourly rate described in Section 2 hereof.