Maintenance Agreement
Terms & Conditions
- The Term “Equipment” Herein means those items described in the maintenance proposed offer and may be revised from time to time by mutual agreement of OneCloud and client.
- Service shall be pursuant to agreed upon terms of quoted maintenance. When applicable, replacement equipment may, at the discretion of OneCloud, be new or refurbished and will be replaced on an exchange basis. The removed equipment will become property of OneCloud.
- OneCloud will respond to client’s service calls in a timely manner. Routine service calls will be responded to within (24) hours and emergency calls will be responded to within (4) hours.
- Observance of normal functions, described in the operating manuals, for maintaining the equipment in good operating condition is the responsibility of the client.
- The service fee listed herein does not include charges for parts and labor made necessary by reason of damage to the equipment by water, fire, accident, negligence, physical abuse, fraud, or acts of God. Nor does it include charges for labor and materials related to relocation, rearrangement or addition to the equipment. Nor does it include cabling.
- The liability of OneCloud shall be limited to the terms and conditions specified in this maintenance agreement and the general terms of service found at https://onecloud.com/terms-of-service. All obligations and liability of OneCloud shall immediately cease if the equipment is repaired or tampered with by any person other than an authorized representative of OneCloud or if accessories used with the equipment are not compatible with the particular equipment being used, unless prior written approval of OneCloud is obtained.
- The initial term of this agreement shall be (1) year. This agreement will renew automatically for successive (1) year periods. Following the initial term, this agreement may be terminated by either party with at least (60) days written notification, prior to the renewal date. Should OneCloud notify customer of an increase in maintenance charges, client may terminate in writing, this agreement within (30) days of notice of increase.
- Client warrants that it is the owner of the equipment covered by this contract or that it has furnished OneCloud the equipment owner’s authority to enter into this agreement.
- OneCloud warrants that it will use its best skills and efforts to maintain the equipment on a timely basis and in a skillful and professional manner. OneCloud makes no other warranties; either expressed or implied, and specifically disclaims any warranties of merchantability of fitness for a particular purpose. In the event of any breach or alleged breach of warranty by OneCloud or if OneCloud is unable to service or maintain the equipment in an operable condition, OneCloud’s sole and exclusive liability will be to refund to the client, the amount of the current month’s service fee or any unearned service fee if the service agreement has been paid in advance. In no event will OneCloud be liable for incidental or consequential damage or losses.
- The service provided under this agreement shall include parts and supplies to the extent such parts and supplies are available from OneCloud’s inventory or from readily available sources of supply. Client acknowledges that parts and supplies for some equipment (particularly older equipment and equipment that is no longer in production) are sometimes difficult or impossible to obtain. OneCloud will use its best efforts to obtain the equipment necessary to maintain client’s equipment and will promptly notify client if any necessary equipment is unavailable or cannot be obtained. Client agrees that OneCloud shall have no liability or responsibility to maintain client’s equipment if such failure is the result of the unavailability of parts or supplies.
- In the event the client’s equipment becomes inoperable and OneCloud is unable, for any reason, to repair or restore the equipment to operating condition, OneCloud will use its best efforts to provide or arrange temporary service or the temporary use of substitute equipment for a reasonable period of time to allow client to obtain new or replacement equipment.
- In the event OneCloud has to take any legal action to enforce its rights under this agreement or to collect an amount owed by the client or enforce any of the obligations of the client herein, the client agrees to pay any collection costs and expenses incurred by OneCloud including reasonable attorney’s fees.
- This agreement constitutes the entire understanding and agreement between the parties and no modification or cancellation of this agreement shall be effective unless in writing and acknowledged by both parties. By submission of payment the client acknowledges, accepts, and agrees to the terms of this maintenance agreement.
- This agreement is being made and entered into and shall be constructed and interpreted in accordance with the laws of the state of North Carolina.