TERMS AND CONDITIONS: The Undersigned: (hereinafter “THE CLIENT”) certifies that he/she is the legal owner of the listed installation premise (hereinafter “INSTALLATION PREMISE”), and has requested that onCALL 25/8, Inc., and/or its affiliates, (hereinafter “THE CONTRACTOR”) perform services for computer(s), networks(s), and/or other electronic systems, accessories or peripherals (hereinafter “CLIENT’S EQUIPMENT”), or perform services for and/or installation of computer/network hardware/software, wireless/satellite receiver/transmitter equipment, installation/mounting equipment, cable/wiring, and/or any additional merchandise and/or materials purchased (hereinafter “CLIENT PREMISE EQUIPMENT”) onto, with, and/or into CLIENT’S EQUIPMENT and/or INSTALLATION PREMISE, and hereby requests and authorizes THE CONTRACTOR to perform such services (hereinafter “SERVICES PERFORMED”) as specified in the applicable SERVICE ORDER. THE CLIENT understands, accepts, and agrees that, in association with SERVICES PERFORMED, there are certain risks to INSTALLATION PREMISE, its contents, and its surroundings (hereinafter “CLIENT’S PROPERTY”), and the risk of personal injury. THE CLIENT agrees that THE CONTRACTOR is not responsible for any damage to CLIENT’S PROPERTY resulting from SERVICES PERFORMED. Client’s Equipment and Data: THE CLIENT understands that damage may occur to CLIENT’S EQUIPMENT and/or loss may occur to CLIENT’S DATA including, but not limited to: unrecoverable failure of CLIENT’S EQUIPMENT; failure requiring system format and reinstallation of operating system, software, and CLIENT’S DATA; software failure and/or conflicts; hardware/component/driver failure and/or conflicts; and/or complete loss of CLIENT’S DATA. THE CLIENT agrees that THE CONTRACTOR is not responsible for any damage to CLIENT’S EQUIPMENT or loss of CLIENT’S DATA resulting from SERVICES PERFORMED. It is THE CLIENT’S sole responsibility to properly back up CLIENT’S DATA prior to SERVICES PERFORMED. THE CLIENT further acknowledges that THE CONTRACTOR does not warrant that SERVICES PERFORMED will be without incident, error, damage, or loss to CLIENT’S DATA, CLIENT’S EQUIPMENT, or CLIENT’S PROPERTY. THE CLIENT agrees that he/she is not relying upon any warranties, representations, or recommendations made by THE CONTRACTOR as to the suitability of any product or service for any particular purpose. THE CONTRACTOR is not responsible for, and hereby disclaims any warranties or representations, either expressed or implied, regarding the functionality; performance; support or compatibility with other hardware, software, or services; suitability for a particular purpose; availability; or quality, accuracy, or completeness of the SERVICES PERFORMED. In no event shall THE CONTRACTOR be liable for any indirect, incidental, punitive or other consequential damages (including, without limitation, but not limited to, cost reimbursement, lost profits and damages related to corruption or deletion of computer data or contents, damage to structures or their contents, damage to personal property, damage resulting from fire or explosion, damage resulting from water, wind, or any force of nature, component or equipment malfunction or failure) arising out of or in relation to this agreement or THE CLIENT’S use or inability to use THE CONTRACTOR’S or any third party’s products and/or services, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if THE CONTRACTOR has been advised of the possibility of such damages. In addition, in no event shall THE CONTRACTOR’S maximum liability exceed the total amount paid by THE CLIENT to THE CONTRACTOR for SERVICES PERFORMED. THE CLIENT agrees to indemnify, defend and hold harmless THE CONTRACTOR from and against any and all liabilities, losses, damages and/or costs, including reasonable attorney and collection fees, resulting from any and all claims of any nature whatsoever, any third-party claim, action, dispute or demand related to THE CLIENT’S use of the SERVICES PERFORMED, or THE CLIENT’S violation of any of the provisions of this agreement. Covered Parts, Instruments or Systems that are no longer offered for sale or license by CONTRACTOR (”Obsolete Items”) will be maintained and repaired on a reasonable efforts basis by CONTRACTOR. If CONTRACTOR determines in its discretion that support and service of such Obsolete Items is no longer reasonable, CONTRACTOR shall notify CLIENT of such determination and such Obsolete Item shall be deemed to not be a Covered Part, Instrument or System. THE CLIENT’S signature on reverse side indicates his/her agreement to pay for all SERVICES PERFORMED, CLIENT PREMISE EQUIPMENT, and any additional merchandise and/or materials purchased, and to be bound by all the foregoing terms. If THE CLIENT is not present for a scheduled installation, reschedules, or cancels at the door without 24-hours notice, he/she agrees to pay a Seventy-five dollar ($75) service call fee plus mileage. This is a legally binding contract. THE CONTRACTOR is authorized to debit THE CLIENT’S credit card(s) or other accounts for all amounts due and payable, and/or any early cancellation fees, without additional notice to THE CLIENT. THE CLIENT agrees to immediately pay all charges when due. In the event that any due charges or early cancellation fees are refused, declined, or charged back by THE CLIENT’S bank or credit card company, for any reason whatsoever, THE CLIENT understands and agree that he/she is still personally responsible for all amounts due and payable under this agreement, and agrees to immediately pay all amounts and fees then due. THE CLIENT agrees that any amounts that remain unpaid for more than thirty (30) days will bear a minimum service charge of ten dollars ($10) per month, in addition to interest on the unpaid balance at the rate of one and one-half percent (1-1/2%) per month. THE CLIENT acknowledges that cancellation or downgrading of term-contract services will result in early cancellation fees charged by THE CONTRACTOR and/or third party service providers in amount equal to fees due CONTRACTOR for the remainder of the applicable term of the SERVICES order. THE CLIENT agrees to immediately pay in full any and all early cancellation fees that become due. A fifty-dollar ($50) will be applied to accounts with returned checks. If signing on behalf of a company or corporation, THE CLIENT certifies that he/she is legally entitled to sign on behalf of said company or corporation, and that his/her signature is binding. As SERVICES PERFORMED have been performed under this agreement, there are no refunds for SERVICES PERFORMED, CLIENT PREMISE EQUIPMENT, or any additional merchandise and/or materials purchased. THE CONTRACTOR retains title and/or a security interest in all purchased equipment until all amounts due under this agreement are paid in full. CONTRACTOR may terminate this or any SERVICE ORDER immediately by giving written notice of termination to CLIENT upon the occurrence of any of the following events: (a) CLIENT defaults in the performance of any material requirement or obligation created by this or any other agreement between CONTRACTOR and CLIENT; (b) CLIENT fails to make any payments to CONTRACTOR within ten (10) days of its due date; (c) CLIENT ceases doing business; (d) CLIENT is the subject of any bankruptcy, insolvency, or similar proceeding, becomes insolvent, makes an assignment for the benefit of creditors, or is unable to pay its debts when due, or a receiver is appointed for a substantial part of CLIENT’s assets, or an action is taken toward the liquidation or winding up of CLIENT’s business; No termination of this Parts Contract shall release CLIENT from any obligation to pay CONTRACTOR any amount that has accrued or become payable at or prior to the date of termination. In no event (including early termination) shall CONTRACTOR be obligated to return any payments received by CONTRACTOR hereunder, These Terms and Conditions shall be governed by and construed under the laws of the Commonwealth of Virginia, regardless of its or any other jurisdiction’s choice of law principles. Each party hereby consents to exclusive jurisdiction in the Commonwealth of Virginia for all matters arising out of or related to this Agreement.