Custom Computer Specialists
Right People. Right Results.
www.customtech.com
Terms and Conditions
Pricing, Payment and Credit Terms: Client agrees
to pay Custom the purchase price as specified in
this Agreement and if applicable, agrees to pay all
applicable taxes that may be levied on such
purchase price whenever billed. Unless specified
otherwise, Custom has calculated pricing based
upon a standard eight (8) hour work day with the
hours between 9am and 6pm. Credit terms are
subject to the approval by Custom, and Custom
reserves the right, at its sole discretion, to require
cash in advance payment for any
purchase. However, it is the intent of Custom to
provide credit terms to Client at the outset of this
Agreement, subject to satisfactory credit
underwriting.
Payment of 75% of fees for service will be made
upon completion of installation; and remaining 25%
of fees for services will be paid upon completion of
integration into new phone system.
Payment for monthly services is due quarterly in
advance. If applicable, all other payments are due
within 30 days (upon approval) from date of invoice.
If Client is provided with credit terms, any payment
not received within thirty days of the date of invoice
shall accrue interest at the rate of one and one-half
percent per month or the maximum rate allowed by
law, if less, and any associated collection or
attorney’s fees. In the event of Client’s non-
payment of an invoice when due, Custom reserves
the right to immediately suspend service and
shipment of any outstanding Client orders until
such invoices are paid in full.
Confidentiality: This proposal is the confidential
property of Custom. The Client agrees that no part
of this proposal shall be disclosed to any third party
without the prior written consent of Custom. The
Client and Custom each agree to keep confidential
and not to disclose to any third party any trade
secrets, business secrets, marketing data, or
technical information of the other.
Warranties: The manufacturer’s warranty on all
computer hardware, software and related products
is given to Client, to the maximum extent allowed
by the manufacturer, upon delivery. Custom
further warrants that all services will be performed
in a professional manner by personnel with the
degree of training required to provide such services.
No other warranties express or implied, shall be
deemed to have been made by Custom. Any other
warranties, including any implied warranties of
merchantability and fitness for a particular purpose,
are hereby disclaimed by Custom.
Limitation of Liability: Custom shall not be liable to
Client or any third party for any special, incidental
or consequential damages or commercial loss,
whether or not foreseeable, arising out of, or in
conjunction with this Project. The aggregate
liability of Custom to Client for any cause of action
or claim (whether contract or tort) shall be limited
to the amounts paid to Custom by Client hereunder
with respect to the service or products that are the
subject of such action or claim.
Recruitment of Personnel: For the longer of three
years from the date of this Agreement or two years
following Client’s last use of Custom’s services,
Client and Custom shall not directly or indirectly
solicit for employment the other party’s employees
or agents, or hire or engage such employee or agent
without the prior written consent of the other
party. Notwithstanding this prohibition, should one
party hire the employee or agent of the other within
this timeframe without the prior written consent of
the other party, the hiring party shall pay the other
party as liquidated damages for the loss of such
employee or agent an amount equal to twice the
hired employee’s annual compensation previously
paid by the non-hiring party.
Timing: Unless specified otherwise, this proposal
will be valid for 30 days. Custom has a cost of
preparedness and must schedule the appropriate
technical resources to complete a project. Custom
plans to begin no earlier than 20 and no later than
30 business days from the date of acceptance.
Other: These terms and conditions may be
amended, but only by a written amendment signed
by both of the parties.
Tel: 800.598.8989 | www.customtech.com
