1. SERVICE COVERED. A Deposit-Based Billing Agreement provides a discount for service performed at 10% off of labor and travel and 15% off of parts (excluding new equipment or supplies). Any service provided by Cowan’s Retail Systems is eligible under this contract and will be deducted from the deposit account upon acceptance of each service call. Cowan’s Retail Systems current hourly labor rate is $95 per hour. Travel rates are by zone:
· Local: 0 – 25 miles $49
· Out-lying: 26 – 75 miles $69
· Beyond: 76 + miles $.99 per mile, total mileage
2. TIME OF PERFORMANCE. The service provided from Monday through Friday between 8:00am and 5:00pm will be charged by the hour, with a half hour minimum. Service from 5:00pm to 11:00pm and Saturday from 8:00am to 11:00pm will be billed at time and a half. Service from 11:00pm to 8:00am on Monday through Saturday (pre-arranged), and any time on Sunday’s and holidays will be billed at double-time.
3. SITE REQUIREMENTS. It is the Customer's responsibility to have and maintain in place virus protection software and security for all of its systems and data, which includes firewalls, passwords, physical security, and access control policies. If Customer's systems have persistent connections to the Internet, or transmit credit card or gift card transactions over the Internet, or use Micros or 3rd party SSL to transmit credit card or gift card transactions, or otherwise have persistent connections to any network where there is potential for unauthorized access, Customer acknowledges that the security and protection of the network and the data and applications on that network, including protections against unauthorized access, is solely and entirely Customer's responsibility. A properly configured firewall is required for each site using a persistent connection to the public Internet or any private network where there is a potential for unauthorized access to the POS Network. Customer acknowledges that, to be effective, virus protection software, system passwords, and other security software require periodic and routine updates, which Customer must obtain from its supplier or the manufacturer, as appropriate.
4. LIMITATION OF LIABILITY. Cowan's Retail Systems disclaims any warranty, express or implied, that, after the initial installation by Cowan's Retail Systems of any micros-proprietary software, the software or customer's data will remain virus-free. Support or services hereunder necessitated by computer viruses, or by any failure or breach of customer's security for its systems or data, including, without limitation, damage caused by persons lacking authorized access, are not covered under this agreement, and will be supplied only upon customer request and on a reasonable efforts basis, on a time-and-materials basis at standard Cowan's Retail Systems rates. Customer waives any claims hereunder against Cowan's Retail Systems to the extent arising from customer's failure to have or maintain current virus protection, or to the extent arising as a result of a failure or breach of customer's security for its systems or data, or as a result of any unauthorized access to customer's systems, which such unauthorized access customer acknowledges cannot in all cases be prevented even if reasonable steps have been taken. If requested by customer, Cowan's Retail Systems shall provide, on a reasonable efforts and on a time-and-materials basis, support or services to address damage caused by, but not limited to, any of the following: customer's failure to have current virus protection; customer's failure to maintain virus protection; damage arising as a result of a failure of customer's security for its systems or data; damage arising as a result of a breach of customer's security for its systems or data; or damage as a result of any unauthorized access to customer's systems. Such support and services shall be billed at the prevailing standard Cowan's Retail Systems rates.
5. TERM OF AGREEMENT. This agreement shall remain in effect as long as a balance remains in the account. Upon depletion of the account to $0, all services will be performed at the current billing rate. Contracts cannot be retroactive. If the Deposit-Based Billing Agreement is not to be renewed or canceled, a written notice of cancellation must be sent to Cowan’s Retail Systems. Any balance remaining in the account will be refunded no longer than thirty (30) days upon receipt of written request to terminate agreement.
6. ASSIGNMENT. This Agreement may not be assigned by the Client without the prior written consent of the Company. This Agreement shall be binding upon inure to the benefit of the parties hereto and their respective successors and permitted assigns.
7. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, or arrangements.
8. ACCOUNT STATUS. Customer shall keep Accounts Receivable current and in good standing. Service may be interrupted for outstanding balance if account is in excess of 30 days from time of invoice.
