Handshake Time
This is the most current version of our agreement for your reference. A .pdf or .odt file can be downloaded below.
Service Agreement
Effective from _______, Cirlare LLC ('Cirlare') and _______ ('client') agree as follow:
1. Service. The client allows and consents Cirlare to perform service. The client also agrees to compensate Cirlare after the service is done, or in case of parts, when the parts are received. Any invoices from Cirlare are due within 30 days of issue. Cirlare reserves the right to reschedule service appointments within a reasonable time frame.
2. Duration. This agreement is valid for the duration of year(s). Starting from the effective date stated above, and for the duration of the agreed upon term, the client is in the 'agreement state'. After the agreement expires, the client enters 'default state'. The client may elect to re-sign another agreement when this agreement expires. The service and support rate stated at the end of this agreement will not increase during the term of this agreement.
3. Warranty. If Cirlare is providing the client a fully managed support plan, all original work that Cirlare has performed will be warranted for the life of the hardware, as long as the support plan is active, except for work performed on any servers which are warranted for three years from the date of deployment. Hardware are warranted by their manufacturers for the duration of their warranty. Without a support plan, all original work performed by Cirlare are warranted against defects for the duration of thirty days. If any third parties worked on the same or related elements afterwards, the warranty is automatically voided. Cirlare also makes no warranty on client's data and security. Cirlare will use the industry's best fit solutions to address these issues, but does not guarantee one hundred percent success rate, as no one in the industry can guarantee it. Please see http://www.cirlare.com/htmls/support/totalcare.html for coverage.
4. Confidentiality. Both parties hereby agree that neither will disclose any details within this agreement or within any service sessions to any other third party. The client also understands that the design, configurations, combination of technologies used, and methods of deployment are intellectual properties of Cirlare. The client will not disclose any of the components, or in whole to any third parties. Cirlare understands that during normal service it is inevitable to come across a client's private organization data. Cirlare hereby agrees to extend this confidentiality agreement to those private data that we will come across. Any release of information, such as for the purpose of education, must be approved by both parties.
5. Liability Cap. Neither parties' liability claim should exceed more than the total of payments made to Cirlare in the last calendar year. Neither party is responsible for each others loss of savings or profits. This section will survive the termination of this agreement. At no time shall Cirlare be liable for client's software or data.
6. Relationship of Parties. Cirlare is an individual contractor for the purpose of this agreement and is not bound to any other contracts involving the client. Cirlare is responsible for its own taxes and other obligations.
7. Termination. Cirlare may terminate this agreement at any time without penalty. 'Agreement state' clients may terminate this agreement with all outstanding balances fully paid, and with an extra six month equivalent of service fee. 'Default state' clients may terminate this agreement at any time without penalty. Any prepaid balance will be refunded with existing service fees rounded to the end of the month. If there are proprietary intellectual properties, including methods and techniques used in the client infrastructure, Cirlare will remove these intellectual properties upon termination, and substitute a standard and operational alternative.
8. Updates. Client understands that sometimes updates to the agreement are needed to keep up with the evolving world of technology. The most current version of the agreement will always be presented at http://www.cirlare.com/htmls/about/agreement.html. If there are any updates to the agreement Cirlare will notify the client in writing via certified mail or appear with updates in person. If the client disagrees with the new updates, the client has ten days from the date of notice to terminate the contract penalty-free. Any unused portion of the prepaid balance will be refunded.
Both parties hereby consent to this agreement. Any failure to enforce the rights is considered such rights waived. This agreement is constructed and will be governed by the laws of the State of New York, both parties reserve further rights granted by the law.
