iSTAM Computer Services, Your source for Technology Solutions

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Service Agreement
Standard Terms of Service Agreement The following terms and conditions will apply to all services provided or to be provided by ISTAM, to the person, corporation, partnership or other entity who requests the provision of such services or for whose benefit such services are to be provided ("Customer"), regardless of whether the order for such services was placed in written form or by submission of an on-line form. To the extent that the Services include any installation, upgrade or configuration of Customer's computer system or network or any part thereof, the system or network as installed, upgraded, or configured by iSTAM is referred to in these terms and conditions as the ("System"). Except as otherwise agreed in a written contract in effect between Customer and iSTAM for the provision of the Services, the following terms and conditions and the Standard Terms of Service Agreement available at http://www.istam.net/serviceagreement.htm shall apply to all services performed. 1. Warranty / Disclaimers ISTAM shall perform all Services hereunder in a good and workmanlike manner in accordance with industry standards. ISTAM hereby warrants that the provision of the Services shall meet the requirements and perform the operations and functions in accordance with and as set forth in the Order. ISTAM's SOLE AND COMPLETE LIABILITY IN THE EVENT OF ANY CLAIM BY CUSTOMER HEREUNDER SHALL BE TO REMEDY, WITHIN A REASONABLE PERIOD AFTER RECEIPT OF WRITTEN NOTICE OF SAME FROM CUSTOMER, ANY DEFECT OR FAILURE RESULTING FROM A BREACH BY ISTAM OF ITS OBLIGATIONS AND WARRANTY UNDER SUB-CLAUSES AND ABOVE. IN NO CASE SHALL ISTAM BE LIABLE TO CUSTOMER UNDER ANY ORDER, OR IN CONNECTION WITH THE SERVICES, FOR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (SUCH AS LOSS OF PROFITS), EVEN IF ISTAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, ISTAM DOES NOT WARRANT THAT THE OPERATION OR USE OF THE RESULTING SYSTEM WILL BE ERROR FREE AND UNINTERRUPTED. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, WHERE DAMAGES ARE RECOVERABLE ARISING OUT OF THE ORDER OR THE SERVICES, WHETHER OR NOT THE CLAIM IS MADE PURSUANT TO THIS AGREEMENT, ISTAM' LIABILITY TO CUSTOMER SHALL UNDER NO CIRCUMSTANCES EXCEED THE SUMS PAID BY CUSTOMER AS THE PRICE OF SERVICES RENDERED. IN NO CASE SHALL ISTAM BE LIABLE TO REMEDY ANY DEFECT OR FAILURE TO THE EXTENT THAT THE SAME ARISE OUT OF MODIFICATIONS, ADDITIONS OR OTHER ALTERATIONS MADE TO THE SYSTEM BY THE CUSTOMER OR BY ANY THIRD PARTY. NOTE: Customer is responsible for backing up all data on any storage device left in the possession of iSTAM. Under no circumstances shall iSTAM be held responsible for loss of data. 2. Payment Unless otherwise indicated invoices shall be payable upon completion of Service. Invoices for which payment has not been received by the due date indicated on the invoice are considered past due and are subject to applicable finance charges. If payment is not received within 30 days of the invoice date a 19% finance charge will be assessed on overdue balance(s). Minimum finance charge is $5.00. If payment is not received within 90 days of the invoice date a 24% finance charge and a $5.00 per day late penalty will be assessed on overdue balance(s). Customers agree to pay a $20.00 charge for each returned check and all collection costs including legal fees if applicable. See our warranty agreement and Standard Terms of Service Agreement for additional information.. No finance charge will be incurred if payment is received prior to due date. ISTAM reserves the right to suspend service to Customer thereunder if Customer is in default in payment of any invoice or if ISTAM has a reasonable basis to believe the Customer is unable to make payment for services delivered. In the event of a default with respect to the payment or any part thereof Customer shall be liable for all of ISTAM' reasonable attorney's fees, including all costs, disbursements and fees incurred in the collection of any amounts due. Systems which are not claimed by customer in default thirty (30) days after completion of services and with failure by customer to make payment arrangements shall become the sole property of ISTAM, Inc. and may be donated to a charitable organization or sold to re-imburse iSTAM for the cost of services rendered. Systems which are not picked up within 60 days of the invoice date are subject to a storage fee. 3. ISP Solution Agreement iSTAM shall provide field service support to the end user referred to iSTAM by the ISP. iSTAM shall disclose all initial service fees and pricing to the end user prior to scheduling the service. iSTAM and it's technicians shall protect the customer information and patronage of the ISP at all times and make every effort to encourage the end user to maintain its relationship with the ISP. Upon completion of service and payment of the customer for the services rendered, iSTAM will issue a referral commission check to the referring ISP in the amount of $20.00 for each customer referred. In the event that the problem is identified by the iSTAM technician to be a problem with the ISP, the ISP agrees to pay $19.00/hr to iSTAM for performing the on site service.
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