Authority to sign
Each party has the authority to enter into this Contract and to perform all of its obligations under this Contract.
Invoices
The Business will invoice the Client after completion of milestone(s) or the Project, unless otherwise noted in the Payment schedule. The Client agrees to pay invoice(s) by the due date(s) specified. Unpaid or overdue invoices may result in suspension or termination of the Project.
Payment Methods
Payment will be made to the Business via cash, check, an approved payment card, or by any other payment method determined by the Business.
Modifications
The Client and the Business must agree to any changes to this contract in writing.
Termination of contract
(a) This agreement will have a term as designated on the Work Order (which will be a minimum
term of 12 months contract apart from short-term hire options apply).
(b) Relocation of service: A renewal of services with a minimum period of 12 months will apply following any change of location.
(c) At the end of the initial term, this agreement will automatically renew for successive one- month periods unless you advise Comms Direct in writing 30 days prior to that you wish to terminate the services.
(d) If you terminate this agreement before the end of the term, you agree to pay Comms Direct a termination fee of 50% of the annual fees. If you move out of the premises, Comms Direct may terminate this agreement and disconnect the services and you will be liable for the Termination Fee.
(e) Comms Direct may also charge a reconnection fee, the amount of which may vary and will be stipulated at the time of reconnection.
Service and Repairs
Section 4. Service and Repairs
(a) Comms Direct will be obligated to maintain and carry out all necessary repairs to equipment held and installed within the customer’s property and boundaries.
(b) However this maintenance and repair excludes any damage resulting from abuse or negligence as determined soley by Comms Direct
Limitation of Liability and Indemnification
(a) Neither Comms Direct nor its subcontractors will be liable for any loss of data or damage to hardware that occurs during installation of or any service performed on your computer in support of Comms Direct service. You agree that it is your own responsibility to completely backup your computer prior to installation. You further agree that Comms Direct and/or its subcontractors are not responsible for any problems with your computer following the installation of or any subsequent
service performed on your computer in support of Comms Direct service'. Your exclusive remedy for any and all losses resulting from the installation of equipment and your use of the services, including Comms Direct or its subcontractors negligence, will be limited to fees paid to Comms Direct up to the time the damage is discovered. The services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, no infringement or implied warranties of merchantability or fitness for a particular purpose. Neither Comms Direct nor its affiliates warrant that services will be uninterrupted or error free or that any information, software or other material accessible on the services are free from viruses or other harmful components.
(b) Comms Direct its affiliates and its subcontractors will not be liable for any indirect, incidental, special, exemplary, punitive or consequential damage or loss of business, that may result in any way from your use of or inability to use the services or to access the Internet or any part thereof,
or your reliance on or use of offers, claims, representations, promotions and transactions, information, services or merchandise provided on or through the Internet or the services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission or any failure of performance. You agree to indemnify, defend and hold Comms Direct, its affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the equipment and/or services by you
or an authorised user of your account, including the placement or transmission of any message, information, software or other materials on the Internet. These limitations on liability and indemnification provisions insure to the benifit of and apply to: (1) Comms Direct parent, subsidiary and affiliated companies; (2) any successor to Comms Direct business by way of merger, purchase of assets, or operation of law; and (3) any subcontractors performing work on behalf of Comms Direct
By using any of our services you agree to these conditions unless stated in writing before agreement starts