This agreement is entered between the client signing this work order (hereinafter referred to as “Client”) and DMF Computer Repair, LLC (hereinafter referred to as “DMF”).
1) Services: During the term of this Agreement, DMF agrees to perform computer repair services.
a) Client shall pay DMF based on work order signed by client prior to retaking possession of devices left for repair.
b) In addition to the above-listed compensation, Client agrees to pay DMF for any third party software, or hardware necessary to enhance, upgrade or replace Client’s current tech capabilities. Such fees, if any, will be provided in a written work order to client before work begins. It is agreed that any such additional charge in excess of Fifty Dollars ($50.00) shall require Client’s signature.
3) Duration of Agreement: The initial term of this Agreement shall be for one calendar year from the date of execution of the Agreement by the parties, provided, however, that either party may terminate this Agreement at any time during the initial term by giving the other party written notification of termination. This Agreement shall be automatically extended for a term of one year every year, unless either party provides written notification of cancellation of this extension.
4) Confidentiality: DMF and Client (“Parties”) agree that, as a result of this Agreement, parties may obtain from each other certain information which is confidential. “Confidential Information” shall include all data, proprietary and trade secret technology, work product, production processes, computer software and hardware and other proprietary data. Parties agree not to disclose, publish or authorize others to publish any such confidential information, directly or indirectly, to any third parties. Additionally, DMF may become aware of certain information belonging to Client which is confidential. The mutual agreements to maintain confidentiality of any confidential information shall survive the termination of this Agreement and shall remain in effect for a period of five (5) years from the date of the termination or cancellation of this Agreement.
5) Warranty: DMF agrees to provide the services listed above in a timely and professional manner. However, Client understands that no warranties, whether explicit or implied, have been given by DMF in an effort to induce Client to enter into this Agreement. This clause shall have no effect on warranties provided by manufacturers of hardware and/or software products.
6) Payment Terms: Terms of payment are as described in signed work order. Payment is expected at the time when device(s) are returned to Client after the work has been performed.
7) Review Period: Client agrees to a review period of seven days for all work performed. During this review period, DMF will remedy at no cost to any issue appearing on the signed work order. Prior to fixing issues not in the work order or issues reported after the review period, DMF will produce and present to Client a new work order stating fees.
8) Assignment: This Agreement may not be assigned or otherwise transferred by either party in whole or in part without the prior written consent of the other party.
9) Amendments: This Agreement may be amended or modified by DMF from time to time and will be available online at www.dmfagreement.com
10) Severability: The clauses, paragraphs and provisions of this Agreement are intended to be read and construed independently of each other. If any part of this Agreement is held to be invalid, this invalidity shall not affect the operation of any other provision of this Agreement. The parties agree that this Agreement is reasonable, valid and enforceable. However, if a court of competent jurisdiction finds any provision of this Agreement to be too broad to be enforceable, it is the intention of the parties that such provision be reduced in scope by the court only to the extent deemed necessary by the court to render the provision reasonable and enforceable.
13) Limitations on Liability: Client assumes all risk of loss of hardware and/or data for any and all causes and releases DMF from all liability. If any loss or damage results from DMF’s negligence, the recovery is limited to cost of services actually paid for the service during which the negligence occurs.
14) Governing Law: This Agreement shall be construed in accordance with and governed by the laws of the State of Florida.
15) Dispute Resolution: DMF and Client agree to elect mediation as their final and binding method of conflict resolution.
16) Entire Agreement: This Agreement represents the entire agreement between the parties and there are no further items or provisions, either oral or otherwise given in an attempt to induce either party to execute this Agreement.