IT Support Monitoring Contract Sign Up

BETWEEN:

(1) PC Repair Leeds trading as QLine IT a company registered in United Kingdom under number 07500720 whose registered office is at Unit 1a Meanwood Close Leeds LS7 2JL (“the Service Provider”) and

(2) , whose address is , , (“the Client”)

IT IS AGREED as follows:

1. Term of Agreement
This Agreement will come into force on the Commencement Date of 19 April 2024 and shall continue in force for an initial Term of 12 months from that date.

2. Computers covered
The computers charged for this service are set out in Schedule 1

3. Service Provider’s Obligations
3.1 To provide the following services:
2.1.1 Remote hardware monitoring of the Clients computers
2.1.2 To perform weekly maintenance by running background Windows scripts
2.1.3 To report to the Client once a month with an audit of all monitoring

4. Client’s Obligations
4.1 The Client shall allow the software, known as Webroot and Atera, to remain on the supported computer. If the software is removed by the Client, then a fee of £10.00 plus VAT will be charged for the re-installation.
4.2 The Client shall ensure their computer is left on when required so that service can be provided.

5. Fees, Payment and Records
5.1 The Client shall pay the Fees to the Service Provider on the 15th of every month, by Direct Debit.
5.2 If the Client does not make payment within 5 working days of receipt of invoice, the service will be suspended.
5.3 Non-payment will result in suspension of service and a late payment charge of £25.00 plus VAT being issued to the Client
5.4 If the Client fails to make payment then the service will be suspended, until such time as payment is made and this does not exempt the client from their duties under the remaining term of the contract.
5.5 The client shall be aware that any further computers which are agreed to be supported under the terms of this contract will be automatically chargeable, commencing from the date of installation of software by the Service Provider. This applies to any and all computers added during the contract term in continuity or until otherwise agreed.

6. Provision of the Support Services
6.1 The Service Provider shall, throughout the Term of this Agreement, provide the Support Services to the Client in accordance with the terms and conditions of this Agreement.
6.2 The Service Provider shall use all due and proper care to ensure that the manner in which it provides the Support Services does not have any adverse effect on the name, reputation, image or business of the Client.

7. Confidentiality
7.1 Each Party undertakes that, except as provided by sub-Clause 8.2 or as authorised in writing by the other Party, it shall, at all times during the continuance of this Agreement and for 2 years after its termination:
7.1.1 keep confidential all Confidential Information;
7.1.2 not disclose any Confidential Information to any other person;
7.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to the terms and conditions of this Agreement;
7.1.4 not make any copies of, record in any way or part with possession of any Confidential Information; and
7.1.5 ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-clauses 8.1.1 to 8.1.4 above.

8. Termination
8.1 Either Party may terminate this Agreement by giving to the other not less than 30 days’ written notice, to expire on or at any time after 12 months.
8.2 Either Party may forthwith terminate this Agreement by giving written notice to the other Party if:
8.2.1 any sum owing to that Party by the other Party under any of the provisions of this Agreement is not paid within 30 days of the due date for payment;
8.2.2 the other Party commits any other material breach of any of the provisions of this Agreement and, if the breach is capable of remedy, fails to remedy it within 5 days after being given written notice giving full particulars of the breach and requiring it to be remedied;
8.3 The right to terminate this Agreement given by this Clause 9 shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.

9. Liability and Indemnity
9.1 The Service Provider shall indemnify and hold harmless the Client, its subcontractors, agents and employees from and against any and all claims, costs and liabilities howsoever arising and of whatsoever nature and whether in contract or in tort, including injury to or death of any person or persons or loss of or damage to any property arising out of or in respect of the performance or failure to perform its obligations under this Agreement if and to the extent that such losses, costs, damages and expenses are caused or contributed to by the negligent acts or omissions of the Service Provider or any persons for which the Service Provider is otherwise legally liable.
9.2 Except as expressly provided in this Agreement, neither Party shall be liable or responsible to the other in contract, tort or otherwise (including any liability for negligence) for:
9.2.1 any loss of revenue, business, contracts, anticipated savings or profits, or any loss of use of facilities; or
9.2.2 any special indirect or consequential loss howsoever arising.
9.2.3 For the purposes of sub-Clause 11.3.1 “anticipated savings” means any expense which either Party expects to avoid incurring or to incur in a lesser amount than would otherwise have been the case by reason of the use of the Support Services provided by the Service Provider under this Agreement

10. Law and Jurisdiction
10.1 This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
10.2 Any dispute, controversy, proceedings or claim between the Parties relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

SCHEDULE 1

All chargeable computers are inclusive of VAT. Number of Computers: