646.494.9677

Service Terms and Conditions

 

Service Terms and Conditions

The customer’s signature on this work order indicates that I received and agreed to be bound by A & H Technology Group’s service agreement and the work ordered within this work order has been completed to my satisfaction. Work must be paid for prior to commencement. Sales are final. Deposits are non-refundable. A & H Technology Group cannot install unlicensed software. Customers Must Provide ALL Software Parts that are defective or incompatible with repair shall be discarded A & H Technology Group is not responsible for necessary repair services which the customer has not requested and paid for. There is a 90 day service warranty upon the completion of ordered services. After the warranty limited a standard hourly service fee will be applied to all service requests. Hardware warranty claims must go through the OEM. Internet support must go through your ISP. Our services shall in no way replace, supersede, or in any other way attach to any EULA.

Technical support shall be indefinitely suspended if the end user improperly attempts to repair their PC; of it they download or use unlicensed software which is known to cause computer problems. To the extent permitted by law, you agree that A & H Technology Group total liability for damages related to its services is limited to the total amount you pay for the these services (plus parts if applicable), and you release A & H Technology Group from liability for any indirect, incidental, special, or consequential damages.

Quotes TERMS AND CONDITIONS

All prices and descriptions are subject to change without notice.

THIS PRICE LIST IS A QUOTATION ONLY AND IS NOT AN ORDER OR OFFER TO SELL. No contract for sale will exist unless and until a purchase order has been issued by you and accepted by A & H Technology Group ("A & H Technology Group "). Acceptance by A & H Technology Group of any offer is expressly conditioned upon your assent to the Terms and Conditions of Sale set forth in A & H Technology Group’s invoices.

The prices contained in this list may not be relied upon as the price at which A & H Technology Group will accept an offer to purchase products unless expressly agreed to by A & H Technology Group in writing.

Products quoted were selected by A & H Technology Group based on specifications available at the time of the quotation, and is not guaranteed to meet bid specifications. Product specifications may be changed by the manufacturer without notice. It is your responsibility to verify product conformance to specifications of any subsequent contract. All products are subject to availability from the manufacturer.

A & H Technology Group  is not responsible for compliance with regulations, requirements or obligations associated with any contract resulting from this quotation unless said regulations, requirements or obligations have been passed to A & H Technology Group  and approved in writing by an authorized representative of A & H Technology Group .

***The freight costs listed are estimates. Shipping costs may vary based on time of purchase, quantity ordered, shipment carrier and warehouse sourced. Actual shipping costs will be calculated during shipment and will be reflected on your invoice.

***A & H Technology Group requires a deposit of 100% for hardware and 50% for services orders***

***All checks are made payable to Care of A & H Technology Group ***

Hardware and Software TERMS AND CONDITIONS

All equipment (hardware and software) are covered by Manufacturers' Warranties. If a product is covered by a manufacturer's warranty, it will be stated on that product's web page. Manufacturers' warranty details are typically available at the manufacturer's website. Detailed manufacturer warranty information can also be obtained for free by contacting our Customer Service department. Please note that products in this category are non-refundable unless otherwise indicated.

Products that state "This item can be returned to the product manufacturer only" must be returned directly to the product manufacturer for repair or replacement, unless otherwise required by law. For these items, the warranty policy provided by the product manufacturer explicitly requires that any returns, repairs etc. be requested and processed directly by the consumer (or "end-user") of the item.

--Manufacturer Warranty

a. Summary i.

■Return for refund within: non-refundable

■Return for replacement within: non-replaceable

b. Detail i. This is our Standard Return Policy. Items covered by this policy (those products for which Newegg states "This item may be returned for a replacement or refund within 30 days only") must be returned to A & H Technology Group within 15 days of the invoice date for this policy to apply. “Return” constitutes receipt of the product by A & H Technology Group, and not the mere issuance of an RMA.

Excalibur Managed Services Terms and Conditions

Pricing

A & H Technology Group retains the right to change pricing at any time without prior notice.  Agreed upon pricing will remain intact for the length of the Agreement.

Termination

Either party may terminate the agreement for any reason with 30 days written notice

Typographical Errors

A & H Technology Group Inc. cannot be held bound or held responsible for typographical errors or omissions.

Limitations of Technology

The Client acknowledges that technologies are not universally compatible and that there may be particular services or devices that – A & H Technology Group may be unable to monitor, manage, or patch– A & H Technology Group.  Agrees to inform The Client when such situation exists.  The Client agrees to correct situation if applicable, and to hold – A & H Technology Group harmless in any case.

Because there are risks associated with applying and failing to apply patches, – A & H Technology Group constantly reviews and updates our best practices based on the relative threats to patch delivery timing.  Every effort is made to balance the reduction of vulnerabilities with the slight destabilization risk associated with applying new patches to otherwise stable systems.

Patch definitions and antivirus definitions are distributed by their respective software vendors, and as such, A & H Technology Group has no direct control over the effectiveness or lack thereof of the software being applied.  – A & H Technology Group shall not be held responsible for interruptions in service due to patches released by software vendors.

Force Majeure & Malicious Acts

This agreement is designed to cover the support needs of The Client during normal operating conditions. A & H Technology Group shall not be liable for damages, delay, or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, and/or any other cause beyond the reasonable control of either party.

Furthermore, damage and/or significant problems that result from anomalies and/or abnormal circumstances such as fire, flood, electrical surges, deliberate malicious acts, theft, acts of God, wars, insurrections, and/or any other cause beyond the reasonable control of either party fall outside the terms of this agreement.

Confidentiality

Neither party shall disclose any proprietary or confidential information obtained from the other unless so directed by a court of law or government authority.  The Client agrees not to disclose rate(s), term(s), or any information regarding this Agreement without the prior written consent of A & H Technology Group.  For promotional purposes, A & H Technology Group shall have the right to disclose to others the identity of its clients.

Hiring of Employees

 The Client agrees not to hire or attempt to hire any A & H Technology Group.  employee, contractor, or former employee within two years of termination of employment, as full-time or part-time employee, contractor, or any other such position without the written consent of A & H Technology Group. Client understands and agrees that A & H Technology Group shall suffer such irreparable harm in such event that Client shall, if such breach should occur, immediately pay to A & H Technology Group an amount equal to the employee's annual compensation (including salary and expected bonuses) at the time of breach.

Authority

Client signatory represents and warrants that it has full corporate power and authority to execute this Agreement to bind their company.  Only individuals with title of Chief Executive or Chief Financial Officer or any person designated by either of those two individuals shall have power and authority to bind Client.

Contractor Status

The relationship of A & H Technology Group to The Client is that of an independent contractor and not that of an agent or employee of The Client.  It is expressly understood and agreed by the parties that The Client shall not have, nor exercise, any control or direction over the manner or methods by which the A & H Technology Group provides services other than the right to require that the performance of such services be in accordance and consistent with the terms set forth in this agreement.

General Health & Safety

A & H Technology Group agrees to comply with all applicable health and safety protocols.  The Client agrees to remedy any conditions which exist that have the potential to create a hazard.

Site Access

The Client will be responsible for obtaining proper and adequate permission for A & H Technology Group to enter upon and operate within the lands and properties designated as The Client’s work area.

Equipment & Facilities

The Client agrees that A & H Technology Group may utilize certain items of The Client’s equipment and may gain access to certain The Client facilities.  The Client retains title and ownership in all of The Client’s equipment owned by The Client and utilized by A & H Technology Group, and must grant authority for A & H Technology Group to access The Client’s facility.  Facility access may be denied for any reason at any time, however if access to facilities is denied, The Client understands that A & H Technology Group may be unable to perform their duties adequately and if such a situation should exist, A & H Technology Group will be held harmless.

Passwords

Client acknowledges that A & H Technology Group must have access to any and all systems and resources to perform their duties under this agreement.  As such, A & H Technology Group must have access to any and all passwords.

Warranty

A & H Technology Group warrants that the work will be performed to the best of its ability and in accordance with reasonable and customary practices prevailing at the time for its business.  No other warranties exist, expressed or implied.

Default & Excusable Delays

The Client reserves the right to cancel this Agreement in the event of default by A & H Technology Group. A & H Technology Group shall not, however, be liable for damages occasioned by delays due to causes beyond A & H Technology Group control and without its fault or negligence, provided A & H Technology Group promptly notifies The Client when such a delay becomes apparent.

No Third Party Beneficiary

All of the provisions of this Agreement are solely for the benefit of the parties hereto, and none of the other provisions of this entire Agreement shall inure to the benefit of any person not a party to the Agreement, and third parties shall have no rights hereunder.

Consequential Damages

Neither The Client nor A & H Technology Group shall be liable to the other for any consequential damages arising out of or related to the performance of this Agreement.

Indemnification

The Client shall at all times indemnify and save A & H Technology Group harmless against and from all losses, liability, expenses, and other detriments of every nature and description to which The Client may be subjected by reason of any act or omission of A & H Technology Group, its subcontractors, consultants, agents, officers, directors, and employees where such loss, liability, expense or other detriment arises out of or in connection with the performance of the work, including, but not limited to, personal injury (including death) and loss of or damage to property of The Client or others.  This indemnity shall not extend to any claims, damages, losses and expenses which are due to the sole negligence of A & H Technology Group.

Entire Agreement

This Agreement is the exclusive statement of the agreement of the parties with respect to its subject matter and supersedes all prior agreements, negotiations, representations, proposals, and awards, written or oral, relating to its subject matter. 

The Client and A & H Technology Group agree that in the event any term, covenant or condition herein contained is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant or condition shall in no way affect any other term, covenant or condition herein contained. Headings, titles and paragraph captions are inserted in the Agreement for convenience, are descriptive only and shall not be deemed to add to or detract from or otherwise modify the meaning of the paragraphs.

A & H Technology Group will provide Client with the Workstation Managed Services as defined in Exhibit A.

A & H Technology Group will provide Client with 5 hours of remote technical support services per month, as defined in Exhibit A. Should Client receive any additional services that exceed the monthly time allotment, A & H Technology Group will provide an accounting at the end of each month with an invoice for the outstanding balance, if any, calculated at the discounted rate of $89.00 per hour.

As part of this Agreement A & H Technology Group will provide a dedicated technical account manager whose responsibility will be to work with Client management to determine an appropriate technology strategy for Client and to meet with Client management on service level acceptability, current issues and to plan proactive work on an agreed upon periodic basis. A & H Technology Group will keep an accounting of service and provide Client with a periodic report.

Upgrading or replacing hardware or software normally requires on-site service. Fees do not include the cost of new or replacement hardware, software, cabling or other equipment that may be required to perform services under this agreement. Client will be quoted a price for new or replacement equipment prior to installation, and will sign a work order therefore and be billed separately.

Additional Services

A & H Technology Group shall, in addition to the standard services identified above, provide Third Party Software Support Coordination as defined in Exhibit A.