ON-CALL SERVICES AGREEMENT
This Agreement outlines the conditions under which KTec shall provide support services on an oncall/ ad-hoc basis.
In consideration of KTec’s services performed hereunder, Client agrees to pay (please call for rate/hr ) (minimum ½ hour) for on-call network support services.
Rates for services after hours, weekends and holidays are billable according to current pricing schedule. Rates are subject to change/periodic increases and clients will be informed of any changes 30 days prior.
Upon receipt of authorized Client requirements, KTec will arrange specified service call. Client will be informed of rate of any other engineers not listed above who may be requested to work at client site.
Client will be billed monthly in arrears for all work performed under Client requirements. All invoices are payable within 14 days, or on completion of work undertaken.
In addition, Client will reimburse KTec for all out-of-the-ordinary expenses incurred in connection
with this agreement. Such reimbursable expenses shall be agreed beforehand and will only include reasonable and necessary expenses. KTec will submit an itemized statement of each expense to client and client agrees to remit payment within fifteen days of receipt of each statement.
In the performance of its duties, KTec’s status shall be that of an independent service provider and not as an agent or employee, and without the capacity to legally bind client.
Every effort will be made to maintain the same Engineer or Sr. Engineer at client site; however, KTec reserves the right to supply an equally qualified engineer if necessary.
KTec is free to render services to others during the term of this Agreement, provided there are no conflicts of interest as to KTec’s obligations and consulting duties under this Agreement. For a period of two (2) years following the termination of this Agreement, client agrees not to employ, solicit for employment or hire any KTec consultant/employee for any service or function, on a part-time, fulltime or contract basis.
Except as expressly set forth in the agreement, the parties make no warranties hereunder and expressly disclaim all other warranties, express implied, including, without limitation, warranties of non-infringement, merchantability and fitness for a particular purpose.
The parties shall have no liability to each other for consequential, exemplary, special, incidental, or punitive damages even if advised of the possibility of such damages. In any event, the liability of KTec to client for any reason and upon any cause of action shall be limited to the amount actually paid to KTec by client under this agreement during the term of this agreement. This limitation shall apply to all causes of action in the aggregate, including, without limitation, to breach of warranty, negligence, strict liability, misrepresentations, and other torts.
