Utopia’s Edge Terms of Service

These Terms of Service, hereinafter referred to as “Agreement,” is between Utopia’s Edge Consulting, L.L.C., herein referred to as “Utopia’s Edge,” and ___________________________, herein referred to as “Customer.”

Utopia’s Edge is a full-service Computer and Network Security company located in Greensboro, North Carolina.

This Agreement shall be binding on and inure to the benefit of Utopia’s Edge and Customer and their respective successors and assigns. This Agreement and all amendments hereto are to be governed by the laws of the State of North Carolina. This Agreement may be amended by the parties only by a written agreement. The waiver or failure of either party to exercise, in any respect any right provided for herein shall not be deemed a waiver of any further right there under.

General: These Terms of Service are designed to explain to our preferred clients what Customer can expect from Utopia’s Edge and what Utopia’s Edge expects from Customer. These Terms of Service are subject to change without notice and continued use of services indicates and agreement to said Terms of Service. The current version is available at http://www.utopiasedge.com/tos.html .

Confidentiality: Customer and Utopia’s Edge acknowledge that in the course of performance of their obligations pursuant to this Agreement, each may obtain confidential and/or proprietary information of the other, or its affiliates or customers. Each party hereby agrees that all confidential information communicated to it by the other party, its affiliates, or customers, shall be and was received in strict confidence and shall be only used for purposes related to this Agreement. The provisions of this section shall survive the terms or termination of this Agreement for any reason.

Customer’s Expectations:

Guarantee: Utopia's Edge Consulting guarantees to fix the initial problem leading to the service call (offered as the “basic guarantee”).  If a problem deemed to be the same as that which lead to the initial service call to Utopia’s Edge reoccurs and the terms of the Guarantee Agreement have been met, our technician will repair the affected system or network at no additional labor charge (offered as the “extended guarantee”).  However, if it is determined by Utopia’s Edge that the system has been changed by unauthorized personnel, Utopia’s Edge will bill Customer for all time and materials required to return system to functional operation.

Follow-up: Utopia’s Edge will contact Customer within one week of unscheduled repairs to ensure our service was satisfactory.  Minor repairs made during this telephone follow-up requiring less than 15 minutes are gratis.

Licensure: Utopia’s Edge will not install software that is suspected or known to be pirated, stolen or otherwise not appropriately licensed.  Please save all applicable receipts, packaging, and/or original disks.

Limitation of Damages: Except as herein provided, Utopia’s Edge shall not be liable for any damages beyond our control, including data loss, injuries to persons or pets, loss of revenue, damage to buildings, or damage to computer or network infrastructure components. Utopia’s Edge’s entire liability for damages to Customer for harm claimed to have been suffered by anyone in the transactions covered by this Agreement from any cause whatsoever, and regardless of the form of action, including negligence, is limited to the lesser of (a) actual damages suffered, other than any indirect, special, or consequential damages and any damages reflecting a claim against Customer by any other person, or (b) the amount of the sum paid to Utopia’s Edge for a specific service rendered for which the damage occurred. Any parts installed by Utopia’s Edge shall be provided to Customer with the particular manufacturer's warranty for that part. Utopia’s Edge expressly disclaims all warranties including, but not limited to warranties of merchantability and fitness for a particular purpose. In no event will Utopia’s Edge be liable for any damages, including any lost profits or other incidental or consequential damages, arising out of its performance or non-performance under this Agreement, even if Utopia’s Edge has been advised of the possibility of such damages.

Utopia’s Edge Expectations:

Payment: Unless prior arrangements are made, payment is due upon completion of work.  If prior arrangements are made, Utopia’s Edge may bill Customer for work upon completion.  If Utopia’s Edge bills Customer, the payment is due within 21 days of the invoice date or 30 days of the initial service call, whichever is greater.  Utopia’s Edge may charge interest of 1.5% per month on delinquent invoices. An unpaid invoice over 60 days old is considered to be delinquent. 

Delinquent Accounts: In the event that Customer has a delinquent or past due account, Utopia’s Edge is released from all obligations to the client beyond our basic guarantee, and will require payment in full or in part, at the discretion of Utopia’s Edge's, prior to beginning new jobs or allowing the customer the advantage of the extended guarantee.

Extended Guarantee: The Utopia’s Edge extended guarantee requires that all guarantee requirements be met.  This may include installation of anti-virus or anti-spyware software, or other preventative measures as agreed to by the client and Utopia’s Edge Consulting in a separate Guarantee Agreement.

Arbitration: If a dispute arises, you agree to enter into binding arbitration with Utopia’s Edge Consulting, LLC.

* * * *

Paragraph Headings: Paragraph headings in this Agreement are to facilitate reference only, and if in conflict with, or not descriptive of, the substance of any paragraph, the substance will control.

Signing of this Agreement and attached schedules constitutes acceptance of each provision as set forth herein.

___________________________ Date:________  ___________________________ Date:________ 

Signature for Agreement to these Terms    Eli Abrams for Utopia’s Edge Consulting, LLC.

Name (please print):

Company:

Title: