Terms & Conditions
Parties ‑ This Agreement shall be between COMHOME TECHNOLOGY SOLUTIONS, a Texas Corporation with principle place of business at 9300 John Hickman Pky, Suite 1203, Frisco, TX 75035.
Description of Services ‑ Services shall be provided according to a written proposal, which shall be attached to and become, and integral part of this Agreement. Both parties must initial each page of the entire Agreement and sign the Agreement in the space provided.
Payments ‑ Payments for subscription based (a.k.a. managed) services (such as monitoring, maintenance, help desk, etc.) are due prior to the first of the month for which the payment is intended to cover. Invoices are due upon receipt. Payments for blocks of hours are due in advance. Payment terms for T&M services and fixed price limited engagements will be negotiated on a case-by-case basis. Late payments are subject to interest equal to 3% per month.
Pricing – Pricing as indicated within this Agreement shall remain in effect for the length of the Agreement unless changes to adding/removing equipment and pricing will be adjusting accordingly. Pricing quoted outside this Agreement may change at any time.
Termination ‑ Either party may terminate the Agreement for any reason with 60 days written notice plus the remainder of the current month.
Refund Policy – Refunds are handled case by case. If you have any refund related questions, concerns or any payments disputes please contact us at: firstname.lastname@example.org or phone# 866-391-3898.
Force Majeure & Malicious Acts – COMHOME TECHNOLOGY SOLUTIONS shall not be liable for any failure or delay in performing any services which is caused by any circumstance not within the reasonable control of COMHOME TECHNOLOGY SOLUTIONS including, without limitation, severe weather, any act of God, war, insurrection, transportation delay, strike, terrorism or labor dispute; provided, however, that RGIS shall notify Customer of any such event within twenty four (24) hours of the start of the event causing delay. Such notice shall include a written statement including a complete and detailed description of such event, the date of commencement, an estimate of the probable period of delay, and explanation indicating how such event was beyond the control of the COMHOME TECHNOLOGY SOLUTIONS and not due to its negligence or fault and what efforts COMHOME TECHNOLOGY SOLUTIONS will make to minimize the length of delay. COMHOME TECHNOLOGY SOLUTIONS shall submit within ten (10) calendar days of the end of the event a written notice stating the impact to the services and evidence justifying the length of the delay.
Loaned/Rented Equipment ‑ “Client “agrees that any equipment utilized by COMHOME TECHNOLOGY SOLUTIONS, in the execution of this or any service that is not explicitly purchased by “Client “shall remain the property of COMHOME TECHNOLOGY SOLUTIONS and must be returned if requested. “Client “further agrees to cease the use of any technology that remains the property of COMHOME TECHNOLOGY SOLUTIONS upon termination 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, but the disclosing party shall provide the disclosing party prompt notice of the receipt of such order. “Client “agrees not to disclose rate(s), term(s), or any information regarding this Agreement without the prior written consent of COMHOME TECHNOLOGY SOLUTIONS. COMHOME TECHNOLOGY SOLUTIONS shall not use or disclose any information stored or transmitted on “Client” network without “Client” express written consent. Each party agrees to use the same means as it uses to protect its own confidential information, but in no event less than reasonable means, to prevent the disclosure of such information.
Hiring of Employees – “Client “agrees not to hire or attempt to hire any COMHOME TECHNOLOGY SOLUTIONS employee, contractor, or former employee within two years of termination of employment, as full-time or part-time employee, contractor, or any other such arrangement without the written consent of COMHOME TECHNOLOGY SOLUTIONS. This clause shall not apply to any employee who responds to a public notice of an employment opportunity. “Client “understands and agrees that COMHOME TECHNOLOGY SOLUTIONS shall suffer such irreparable harm in such event that “Client”. shall, if such breach should occur, immediately pay to COMHOME TECHNOLOGY SOLUTIONS an amount equal to the employee’s annual salary at the time of breach or at the time of termination, whichever is greater.
Authority ‑ “Client’s signatory and COMHOME TECHNOLOGY SOLUTIONS signatory represents and warrants that they have 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 COMHOME TECHNOLOGY SOLUTIONS to “Client “is that of an independent contractor and not that of an agent or employee of “Client”. It is expressly understood and agreed by the parties that “Client “shall not have, nor exercise, any control or direction over the manner or methods by which the COMHOME TECHNOLOGY SOLUTIONS 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 – COMHOME TECHNOLOGY SOLUTIONS agrees to comply with all applicable health and safety protocols. “Client “agrees to remedy any conditions that exist that have the potential to create a hazard.
Site Access – “Client “will be responsible for obtaining proper and adequate permission for COMHOME TECHNOLOGY SOLUTIONS to enter upon and operate within the lands and properties designated as “Client’s work area Prior to entry on “Client “premises, COMHOME TECHNOLOGY SOLUTIONS shall coordinate with “Client “to gain access to facilities. COMHOME TECHNOLOGY SOLUTIONS shall provide information reasonably required by Customer to ensure proper identification of personnel, including, but not limited to verification of citizenship, lawful permanent resident status, protected individual, or other status. COMHOME TECHNOLOGY SOLUTIONS understands that access to certain facilities, or areas within facilities, is only permitted to U.S. persons.
Equipment & Facilities – “Client “agrees that COMHOME TECHNOLOGY SOLUTIONS may utilize certain items of “Client’s equipment and may gain access to certain “Client “facilities with “Client’s express written permission. “Client “retains title and ownership in all of “Client’s equipment owned by “Client “and utilized by COMHOME TECHNOLOGY SOLUTIONS and must grant authority for COMHOME TECHNOLOGY SOLUTIONS to access the “Client “facility. Facility access may be denied for any reason at any time, however if access to facilities is denied at no fault of COMHOME TECHNOLOGY SOLUTIONS, “Client “understands that COMHOME TECHNOLOGY SOLUTIONS may be unable to perform their duties adequately and if such a situation should exist, COMHOME TECHNOLOGY SOLUTIONS will be held harmless and “Client “will remain bound under the terms of this Agreement.
Security Credentials ‑ “Client “acknowledges that COMHOME TECHNOLOGY SOLUTIONS must have access to any and all systems and resources to perform their duties under this Agreement. “Client” has
selected to not provide all users information and is completely aware of the possibility of unable to perform/support users adequately. As such, COMHOME TECHNOLOGY SOLUTIONS must have access to any and all usernames, passwords, and other pertinent security credentials. If access to credentials is denied, “Client “understands that COMHOME TECHNOLOGY SOLUTIONS may be unable to perform their duties adequately and if such a situation should exist, at no fault of COMHOME TECHNOLOGY SOLUTIONS, COMHOME TECHNOLOGY SOLUTIONS will be held harmless and “Client” will remain bound under the terms of this Agreement.
Warranty – COMHOME TECHNOLOGY SOLUTIONS 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 – “Client “reserves the right to cancel this Agreement in the event of default by COMHOME TECHNOLOGY SOLUTIONS. COMHOME TECHNOLOGY SOLUTIONS shall not, however, be liable for damages occasioned by delays due to Force Majeure & Malicious Acts.
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 “Client” nor COMHOME TECHNOLOGY SOLUTIONS shall be liable to the other for any consequential damages arising out of or related to the performance of this Agreement.
Indemnification ‑Each party (“Indemnitor”) shall at all times indemnify and save the other party 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 the other party, 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 Indemnitor or others.
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. “Client” and COMHOME TECHNOLOGY SOLUTIONS 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.
Jurisdiction – This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
Compliance with Laws – The parties agree to comply with all laws and regulations applicable to the performance of this Agreement.
Assignment ‑ Neither party may assign, voluntarily, or by operation of law, or otherwise, any rights or delegate any duties under this Agreement, without the other party’s prior written consent, except that either party may, without the other party’s consent, assign all or any part of its rights and obligations under this Agreement to: (i) any of its affiliates, or (ii) any purchaser of all or substantially all of its business or assets or a controlling interest in such party. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties.
Survival ‑ The sections of this Agreement that by their nature are intended to survive its expiration or termination shall survive the expiration or termination of this Agreement.
Export Control ‑ In performing this Agreement, COMHOME TECHNOLOGY SOLUTIONS agrees to comply with all applicable U.S. export control laws and regulations, specifically including but not limited to the requirements of the Arms Export Control Act, 22 U.S.C.2751-2794, the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq., and the Export Administration Regulations, 15 C.F.R. 730-774.