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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:
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only for Purchaser internal business use at the
authorized site set forth in the purchase order.
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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:
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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.
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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.
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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.
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