These Service Terms apply to clients (“Customer”) retaining QC, Inc., doing business as Quick Connect Computer Services (“Quick Connect”) for technical support and computer repair services as provided below.
Scope of Services
Quick Connect agrees to provide Customer technical support and computer repair services in accordance with the terms of this Agreement. The scope of services covered under this Agreement includes diagnostic, repair, installation, training, support, and web service activities performed during onsite service calls or at a Quick Connect location. This Service Agreement does not include the cost of other expenses incurred that are necessary for repair, including parts and software. Support services will be available during normal business hours: Monday through Friday, 8:30 a.m. to 5:30 p.m. central time (holidays excluded). These hours are subject to change at https://www.quickconnect.com. Exceptions to these service hours may be made at the discretion of Quick Connect based on availability. While every attempt will be made to prioritize Customer’s service call in the event of an emergency, Quick Connect cannot guarantee same day service. Service calls designated by the Customer as an emergency may be cause for additional charges.
Block of Time
Quick Connect offers volume discounts for customers that purchase service hours in advance. Payment for the block of time purchases are due upon the Effective Date and are non-refundable and non-transferable. If the Customer does not utilize the entire block of time within twelve months of the Effective Date, one hour will be deducted annually from the remaining block of time balance. When the remaining block of time balance on the Customer’s account is two (2) hours or less, Quick Connect will invoice the Customer for a new block time purchase. If a service call issue extends beyond the remaining balance of hours, authorization is required at that time to purchase an additional block of time. The customer will have thirty (30) days to renew this block of time purchase. If the Customer does not utilize all available hours within three (3) years of the Effective Date, any remaining balance is forfeited. If Customer utilizes all pre-paid hours and elects not to renew its block of time purchase or otherwise fails to use all available hours under this Agreement within three (3) years, the billing rate for service hours shall return to the then prevailing rate.
Following a service call for Customers other than Block Time Customers, Quick Connect will send an invoice for the cost of the billable activities. In consideration of the services provided, Customer will pay Quick Connect the total invoice amount within ten (10) days of receipt. Quick Connect reserves the right to halt the provision of services at any time for failure to pay the invoice amount on a timely basis and reserves the right to require advanced payment for service fees and expenditures should unforeseen circumstances arise. Quick Connect will charge a thirty-five dollar ($35.00) fee for returned checks plus any collection fees.
Effective Date and Term
This Agreement shall become effective upon the execution and delivery by Customer to Quick Connect and shall remain in force for one year. The Agreement shall be automatically renewed thereafter until terminated by either party upon 30 days written notice of termination.
Any software developed by Quick Connect shall remain the exclusive intellectual property of Quick Connect. Customer shall not lease, sell, or otherwise transfer such intellectual property to any third party, except as authorized by Quick Connect.
Customer agrees that Quick Connect shall not be liable for any loss of data, profits, goodwill, ransomware or similar attack, or other special, incidental, consequential, punitive, direct, or indirect damages suffered by Customer to its computer system and/or network, whether resulting from services performed pursuant to this Agreement or otherwise. Quick Connect’s maximum liability, regardless of the form of action, shall not exceed fees paid by the Customer within the preceding six months.
Quick Connect has made a considerable investment in the hiring, training, and retention of its personnel. Customer agrees to refrain from employing or contracting with any current or former Quick Connect employee who has provided services pursuant to this Agreement to Customer for a period of twelve (12) months after the expiration of this Agreement, unless otherwise mutually agreed in advance. The parties understand and agree that damages for the violation of this provision would be difficult to calculate, so the parties agree that the Customer will owe Quick Connect $500 per month for each month that the current or former Quick Connect employee provides any computer services to Customer for the balance of the twelve (12) month period following expiration of this Agreement.
The parties agree that if any dispute should arise out of this Agreement, they agree to mediate the dispute with a mutually chosen mediator before filing suit. The parties further agree that good faith participation in mediation is a prerequisite to either party filing any suit relating to this Agreement. This Agreement shall be governed by Nebraska law without giving effect to conflict of law principles. The parties hereby submit to the exclusive jurisdiction of and waive any venue objections against, the state courts located in Lancaster County, Nebraska in any litigation arising out of this Agreement. In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.
This Agreement shall be governed by Nebraska law without giving effect to conflict of law principles. The parties hereby submit to the exclusive jurisdiction of, and waive any venue objections against, the federal and state courts located in Lancaster County, Nebraska in any litigation arising out of this Agreement. In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by Quick Connect against Customer arising out of this Agreement, if Quick Connect is the prevailing party then it shall be entitled to recover its reasonable attorneys’ fees and court costs from the Customer. If any provision or any clause of this Agreement conflicts with applicable laws, such conflicts shall not affect other provisions of this Agreement which can be given effect without the conflicting provision, and to this end, the provisions of this Agreement are declared to be severable. This Agreement cannot be waived, changed, discharged, or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought.