I do hereby authorize onCALL 25/8, Inc, hereinafter named the COMPANY, to initiate, recurring (debit or credit) entries to my credit card account as indicated and named. If monthly billing is not offered, I agree to pay in full for the contract.
This authorization is to remain in full force and effect until the COMPANY has received written notification from the CLIENT of its termination in such a time and in such manner as to afford the COMPANY and CREDIT CARD COMPANY a reasonable opportunity to act on it.
1. Term
This Agreement shall begin on the date of the first charge and continue for 12 months. The contract will renew automatically for another 12 month term unless canceled. Cancellation must be requested in writing.
2. Payment Policies
Late payments may be charged a monthly fee of 1.5% of the past due balance or the maximum monthly amount permitted by law. Failure to complete the contract will result in a termination fee of 35% of the total unbilled portion for the remaining Term of the contract charged to the original payment method.
3. Indemnification by COMPANY
COMPANY hereby agrees to indemnify, defend and hold harmless COMPANY and its respective directors, managers, officers, members, employees, agents, and insurers from and against any and all claims, demands, actions, losses, expenses, damages, liabilities, costs (including, without limitation, interest, penalties, and attorney’s fees) and/or judgments incurred or suffered by any of the COMPANY indemnities that result or arise out of, directly or indirectly, any (a) breach of any representation and warranty of COMPANY, and/or (b) breach of any covenant or agreement on part of the Client under this agreement.
4. Governing Law; Jurisdiction
This agreement shall be governed by the laws of the State of Virginia, notwithstanding the choice of law provisions. CLIENT agrees and consents to the exclusive jurisdiction of the state or federal courts located in Alexandria, Virginia and waive any defence of lack of personal jurisdiction or improper venue or forum non convenient to a claim brought in such a court, except that COMPANY may elect, in its sole discretion, to litigate the action in the county or state where any breach by COMPANY occurred or where COMPANY can be found.
5. Rates.
Depending on the level of your subscription, your contract may or may not include unlimited remote support for your endpoint. This support is billed per endpoint instance and covers software support for the software installed at the time that the agreement was executed. New software installation, replacement hardware, data recovery, cabling, migrations, programming, and any task that falls under [ADD/CHANGE/MOVE] will be billed at the rate of $169/hr. Site visits are not included with your monthly fee. We bill in full hour increments. We are proud to share that 80% of all tickets can be closed remotely as long as your hardware is under warranty and software is patched. All visits to the client site are billed at $75/visit.