Welcome to Adaptive Professional Technologies, LLC! We’re pleased to provide you with our Managed Services Agreement (“Agreement”), outlining the terms and conditions between Adaptive Professional Technologies, LLC, referred to as “Adaptive,” and you, the entity or individual seeking computer support or services, referred to as the “Customer.”
1. Remote Access
By engaging our services, you grant Adaptive permission to remotely access your computer(s) and related equipment, including printers, modems, and routers.
2. Data Responsibility
You acknowledge that Adaptive is not liable for any data loss or missing files. It is your responsibility to maintain current and accurate backups. While we strive to assist in safeguarding your data, you agree to manage your own backups. Adaptive is not liable for any loss of productivity due to data loss.
3. Downtime and Replacement
Adaptive is not responsible for costs associated with the loss of productivity during the service of your computer(s) or related equipment. You agree not to hold Adaptive responsible for the cost of replacement computer(s) or hardware for any reason.
4. Compensation
You agree to compensate Adaptive for the time and materials invested in servicing and repairing computer systems. Our rates are $5 per minute for remote services and $200 per hour for on-site services unless otherwise agreed upon in writing. No warranty applies to consulting fees, advice, or time spent on software or hardware settings. If additional services are requested after initial compensation, you agree to compensate Adaptive at the agreed-upon rate.
5. Effectiveness
This Agreement is effective each time you solicit Adaptive to service or install computers or related equipment.
6. Limitation of Damages
Adaptive shall not be liable for personal injury, property damages, lost profits, work stoppage, lost data, or any special, indirect, or consequential damages, even if advised of the possibility.
7. Indemnification
Adaptive and you are separate entities. Both parties agree to indemnify and hold each other harmless from any loss, cost, damage, claim, action, or liability resulting from alleged negligence in the implementation of this Agreement.
8. Amendment
No modification of this Agreement is effective unless signed by authorized representatives of both parties.
9. Assignability
This Agreement is personal and may not be assigned or transferred without the prior written consent of the other party.
10. Force Majeure
Neither party shall be liable for delays, damages, or failure to perform obligations due to Force Majeure. The parties’ duty to perform obligations shall be suspended during an event of Force Majeure.
11. Independent Contractor
The parties are independent contractors with no legal relationship beyond this Agreement. Neither party has the right to bind the other.
12. Entire Agreement
This Agreement and Attachments represent the entire agreement between the parties, superseding all prior agreements and understandings. We appreciate your trust in Adaptive Professional Technologies, LLC, and we look forward to providing you with exceptional service. If you have any questions or concerns, please call us at 561.926.4600.
