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 services. The client also agrees to compensate Cirlare after the services are done or in case of parts, when the parts are received.
2. Duration. This agreement is for the duration of one year (three hundred sixty five calendar days). Starting from the effective date stated above and for a year, the client is in the 'agreement state'. After the initial year, the client enters 'default state'. The client may elect to sign an extended agreement or re-sign another agreement in order to be immune from rate inflation when this agreement expires.
3. Warranty. If Cirlare Total Care is involved, all original work that Cirlare has performed will be warranted 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 Cirlare Total Care, all original work performed by Cirlare are warranted against defects for the duration of thirty days. If any third party 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 and will not disclose any of the components or in whole to a third party. 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 advertisement must be approved by a release of statement agreement.
5. Liability Cap. Neither party's 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 with no 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.
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.
