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Block of Hours Terms

 

 

BLOCK OF HOURS AGREEMENT

BY ACCEPTING AND SIGNING THE BLOCK OF HOURS CONTRACT, YOU (referred to as the "Purchaser") ARE OBLIGATING YOUR COMPANY TO BE BOUND BY THIS AGREEMENT WITH PRINTERS COMPUTERS & LANS (referred to as "PC&L"). IF YOU DO NOT AGREE TO THIS AGREEMENT, PROMPTLY RETURN THIS CONTRACT TO PC&L WITHIN 3 DAYS OF PURCHASER SIGNING.

This Block of Hours Contract Service(s) License Agreement ("Agreement") covers the use of all PC&L’s  service work (collectively the "Block of Hours") provided by Printers Computers & LANS® Inc. (PC&L®), located at 7125 W. Tidwell, Houston, Texas 77092. The Block of Hours constitutes the proprietary data and applications of PC&L and/or its third party providers and is protected by the federal copyright and other intellectual property laws.

AUTHORIZED USE: PC&L grants to you ("Purchaser") a nonexclusive, nontransferable limited license to use the Block of Hours as follows:

  1. only for Purchaser internal business use at the authorized site set forth in the purchase order.
  2. PC&L HOURLY/BLOCK TIME: Hourly/block time pricing is based on the number of hours leased/purchased. Hours leased/purchased are available (active) for a period of one year from the date contract was signed. Additional leases/purchases of hourly/block time may be combined for pricing discounts on the incremental hours, but not retroactive. Unused block time hours remaining at the end of a one-year period are not refundable. However, for PC&L®© block leases/purchases, up to 25% of the total block hours purchased may be carried forward for up to six months following the end of the applicable one-year subscription term provided that Purchaser issues an order for an additional number of hours at least equal to or greater than the number of hours Purchaser wishes to carry forward.

UNAUTHORIZED USE: The Purchaser may not copy, transfer, sell, license, lease, give, assign (whether directly or indirectly, by operation of law or otherwise), transmit or otherwise reproduce, disclose or make available to others, the Block of Hours or any portion thereof.

PRICING AND PAYMENT: Payment terms are Net 20 Days of invoice date, with pricing at the then current license fee. Purchaser agrees to pay all applicable taxes, custom charges, insurance, and/or other fees associated with the Block of Hours, as well as all collection costs, including reasonable attorneys fees, incurred as a result of nonpayment of fees. Purchaser agrees to be responsible and liable for interest on past due sums at the lesser of the maximum legally chargeable interest rate or 18% per annum or in accordance with the Prompt Payment Act, whichever is applicable.

LIMITATION OF LIABILITY: PURCHASER ASSUMES THE SOLE RESPONSIBILITY FOR ITS DATA AND EQUIPMENT BEING WORKED ON. IT IS THE PURCHASERS RESPONSIBILITY TO BACKUP ALL DATA BEFORE PC&L WORKS ON ANY EQUIPMENT. PC&L WILL NOT BE LIABLE IN A CONTRACT OR TORT ACTION OR OTHERWISE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, AND BUSINESS INTERRUPTION, ARISING OUT OF MISSING OR CORRUPTED DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PC&L’ LIABILITY EXCEED THE ANNUAL CONTRACT FEE PAID BY PURCHASER TO PC&L FOR THE BLOCK OF HOURS CONTRACT THAT GAVE RISE TO THE CLAIM.

TERMINATION: If within the first 3 days after CONTRACT SIGNING, Purchaser is not completely satisfied with the Block of Hours the Contract may be returned to PC&L at no charge to the Purchaser. After 3 days the contract is non-refundable.

Failure to give written notice of contract termination and provide PC&L written notice of such, within 3 days after CONTRACT SIGNING, will be interpreted as signifying the intent to keep the contract as signed.

Service work to be performed and Pricing Qualification Criteria: The following guidelines are for Purchaser to understand the established PC&L Computer and Networking pricing schedule:

  1. The Computer pricing shall obtain to all computers running a non-server version of any operating system (ex. Windows 95,98,ME, W2K PRO or XP Pro) and all peripherals and printers attached to the workstation.
  2. The Networking pricing shall obtain to all equipment design to route data in a computer environment including (but not excluding other equipment) Servers running a server version operating system, Routers, Firewalls, network/wireless hubs and switches. located.
  3. PC&L reserves the right to not work on equipment in an environment where it might pose a hazard to our employees.

GENERAL: This Agreement and the Invoice contain the entire understandings and agreements between Purchaser and PC&L and supersede all prior agreements or understandings, oral or written, relating to the Block of Hours. The terms of this Agreement may not be altered by any course of dealings between the parties and all terms in any purchase order or invoice are hereby rejected and may only by modified by a written agreement signed by both parties.

This Agreement shall be governed by the laws of the State of Texas.