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12/11!2007,04:18 FAY 44023231-1 TAC COMPUTER INC <br />HARDWARE/NETWORK SERVICE AGREEMENT TERMS & CONDITIONS <br />ARTICLE 1- WORK DESCRIPTION <br />[a 005 <br />TAC Technicians shall perform the following services on the equipment and at the places ("Premises") <br />as described on the front side of this form. <br />a. Remedial maintenance service required to restore the equipment to satisfactory vaorking <br />condition. <br />ARTICLE 2 - INCLiJDED SERVICES <br />TAC will furnish required replacement parts to the customer at no additional cost. The following items <br />are excluded from coverage: supplies, accessories, consumable, ribbons, laser toner/drurns aud <br />components d-maQed bv neizligence or spilled liquids. If parta become unavailable TAC will provide <br />equivalent parts or components. All old and or defective parts replaced during maintenance activities will <br />become the property of TAC Computer Inc. Application software support is not included with a <br />hardware service agreement. <br />ARTICLE 3 - SERVICE HOURS <br />The included principal period service covers work performed between the hours of 8:00 AM., and 5:00 <br />PM., Monday thraugh Friday, excluding all nationally observed holidays. All service provided outside <br />the principal period will be billed at the current rate of $100.00 per hour, includ'utg travel time. All ca11s <br />for service originating outside the nrincpal period will be sub ect to a two hour minimum including <br />travel time, regardless of the corrective actions taken bv TAC Computer Inc <br />ARTICLE 4 - LIABII,ITY <br />TAC shall use its best effort to perform service within a reasonable time after request by the customer, <br />(normally 4 working hours), but shall not be deemed to be in default for any interruptions to operations. <br />TAC dces not accept or assume any responsibility for the loss of data that may occur during any repair <br />procedure. (It is always recommended that all data be backed up). TAC maximum liability for any direct <br />or indirect damages, regardless of the nature of the claim of action or incidentals to the performance or <br />nonperformance of the service is an amount equal to cost one month cost of this service agreement. <br />ARTICLE S - TERM <br />This agreement shall be in full force and effect on the effective date on the front side of this agreement <br />and shall remain in effect for the initial term of 12_ months and thereafter will remaiu in effect until <br />terminated by either party hereto with thiriy (30) days written notice to the other party. <br />ARTICLE 6 - RATES <br />TAC shall notify the customer of any changes in rate with 30 days written notice. The rates are <br />guaranteed not to change for the initial term of this agreement. <br />??