THE TECHNOLOGY PROFESSIONALS LLC, (the “Company”)
PAYMENT TERMS: The Company expects payment upon completion of the services. Other arrangements may be made upon agreement prior to commencement of the services.
COPYRIGHT AND LICENSE: I acknowledge that the Company respects the rights of intellectual property holders. Therefore, I represent and warrant to the Company that any software I provide to the Company for installation is fully licensed for my use and will not infringe any copyright or other proprietary or intellectual property rights of any party.
RIGHT OF ENTRY: The Company shall have access to all areas of my premises necessary to perform the services set forth above.
DISCLAIMER OF WARRANTIES: I UNDERSTAND AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE Company HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WHATSOEVER AS TO ANY EQUIPMENT INSTALLED OR SERVICE PROVIDED, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND INCLUDING ANY WARRANTIES OF SUITABILITY, CONDITION OR QUALITY OF THE EQUIPMENT OR SERVICE.
LIMITATION OF LIABILITY: I UNDERSTAND THAT ANY DATA STORED ON A COMPUTER SYSTEM IS AT RISK OF LOSS AND BY ENTERING INTO THIS AGREEMENT I AGREE TO ASSUME THE RISK OF AND REPRESENT THAT I WILL ACCEPT FULL RESPONSIBILITY FOR THE LOSS OF ANY DATA ON ANY COMPUTER SYSTEM ON WHICH SERVICE IS PERFORMED PURSUANT TO THIS AGREEMENT. I FURTHER UNDERSTAND THAT ANY COMPUTER SYSTEM IS VULNERABLE TO BREACHES OF SECURITY AND BY ENTERING INTO THIS AGREEMENT I AGREE TO ASSUME THE RISK OF AND REPRESENT THAT I WILL ACCEPT FULL RESPONSIBILITY FOR ANY BREACHES OF SECURITY ON ANY COMPUTER SYSTEM ON WHICH SERVICE IS PERFORMED PURSUANT TO THIS AGREEMENT. MY SOLE REMEDY ARISING OUT OF ANY SERVICE PROVIDED PURSUANT TO THIS AGREEMENT, AND THE CompanyS SOLE LIABILITY ARISING OUT OF ANY SERVICE PROVIDED PURSUANT TO THIS AGREEMENT SHALL BE LIMITED TO THE REFUND OF THE ACTUAL FEES I PAID TO THE Company EXCLUDING ANY FEES THE Company PAID TO ANY THIRD PARTIES. THE Company SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THE SERVICES OR ANY ACT OR OMISSION OF THE Company, REGARDLESS OF WHETHER THE Company MAY BE ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.
INDEMNITY: I agree to defend, indemnify and hold the Company, and its shareholders, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to my breach of my representations and warranties, or arising out of my use of the services or my violation of any rights of another.
SEVERABILITY: I understand that the provisions of this Agreement are severable. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be carried out and enforced only to the extent to which it shall be valid and enforceable, and any such invalidity or unenforceability shall not affect any other provision of this Agreement, all of which shall be fully carried out and enforced as if such invalid or unenforceable provision had not been set forth herein.
AMENDMENT: This Agreement may only be amended upon the written agreement of the parties.
GOVERNING LAW: The parties agree that this Agreement shall be construed and enforced pursuant to the laws and decisions of the state of Texas, without regard to the conflict of laws rules thereof.
I have read, understand, and agree to be bound by the terms of this Agreement. I am aware that this contract limits liability.