GENERAL TERMS AND CONDITIONS

GENERAL

CLIENT agrees and understands that Black Line Consulting (BLC) will attempt the service requested on a “best‐efforts” basis without guarantee of improvement whatsoever especially if the CLIENT computer system and/or network is performing at a sub‐standard level. BLC consultant(s) will not be held responsible for any future system and/or network failures of hardware, software, or operating systems that were not sold to the CLIENT by BLC.

CLIENT further agrees and understands that BLC consultants may make specific recommendations for system upgrades and improvements that, while the CLIENT need not follow them, may well be a requirement for continued efforts by BLC consultants. Should the CLIENT elect not to follow such upgrade or improvement recommendation(s), the BLC consultant may cease providing additional service. CLIENT shall be responsible for all BLC charges up to that point, rounded up to the next on‐site hour, and acknowledges that no repair or performance improvement may have occured.

CLIENT agrees and understands that installation and configuration of third party applications need to be estimated on a case‐by‐case basis as each application can have a number of requirements, prerequisites and configuration options. In addition, the installation and usage of certain applications may have unpredictable effects on other network components/applications.

CLIENT agrees to be responsible for travel charges as invoiced unless documented in writing on Quote page. CLIENT agrees that travel charges shall be BLC’s rates in effect on the date of service for traveling to the CLIENT’s location.

CLIENT has read BLC qualifications and has verified such references as the CLIENT deemed appropriate. CLIENT is confident of BLC’s ability to perform the requested services. CLIENT states that all software which BLC is asked to use has been procured by legal means and is registered with the software vendor.

CLIENT will not solicit for hire any BLC representative sent to CLIENT’s site. If CLIENT does so, it is an act of default under this Agreement. However, should a BLC employee leave BLC’s employment, either voluntarily or involuntarily, and accept employment with CLIENT within one year of BLC employee’s last contact with CLIENT, CLIENT will pay to BLC 30% of employee’s last current annual salary at the time the employee left BLC. CLIENT shall pay said payment within thirty (30) days of BLC’s sending CLIENT a notice of its claim of right to this payment containing a statement of the amount due. BLC’s loss of a valuable employee is impossible to quantify, therefore, the 30% sum set forth in the preceding paragraph is agreed by BLC and CLIENT to be a fair liquidated damage amount to compensate BLC for such employee leaving the employ of BLC.

Unless CLIENT indicates otherwise, BLC may use non-confidential information related to CLIENT projects as part of the BLC portfolio, website, press releases or other BLC marketing efforts.  In addition, BLC will occasionally send product, service or company updates to registered CLIENT contacts.

RESPONSIBILITIES AND ASSUMPTIONS

  • Client is in possession of the correct number of valid end user license agreements for all software not purchased from
  • Client is certain that the environment is free of electromagnetic interference and other disruptive forces, and that there is proper ventilation and appropriate computer system operating
  • Client properly uses the computer system and is not altered or modified without BLC BLC is not responsible for equipment, accessories, etc., which are subject to unusual physical or electrical stress, or in which the original identification marks have been altered.
  • Cleanup of dirt and dust in server / workstations areas after servicing is the responsibility of the
  • CLIENT’s Network Administrator contact name and phone number are available for the engineer onsite if questions
  • CLIENT systems are available during production
  • Physical access to CLIENT’s equipment is available ( servers, workstations, switches ).
  • CLIENT provides a working monitor, keyboard and mouse for service to server(s) / workstations(s).
  • CLIENT administrative logins, passwords, etc. are given or available to the engineer
  • CLIENT servers are operating properly without errors if work to be performed is not server
  • A valid backup has been performed by CLIENT and is available to BLC for
  • Standard electrical outlets are available for equipment (new or existing).
  • Server(s) / workstation(s) software is readily

BILLING TERMS

  • Payment for HW, SW, and a percentage of services as documented on the Quote page is due upon placement of order by credit card or company check unless prearranged otherwise in writing between CLIENT and BLC. Remaining services to be billed semi‐monthly.
  • Hardware/Software prices quoted in this agreement are valid for 30 days from date of After 30 days, prices are subject to change and will be reaffirmed or re‐quoted as appropriate.
  • Quoted prices in this agreement do not include Quoted shipping charges are subject to change if change is made by shipping company.
  • Travel charges will be billed semi‐monthly as incurred. Round‐trip travel charge is noted on
  • Signed purchase order cancellations by CLIENT are subject to a fee of $125 or 40% of total deposit, whichever is
  • All disputes about invoiced charges must be provided to BLC in writing within 30 days of invoice
  • All past due invoices will be charged a finance fee equal to 1.5% per each 30‐day period that the invoice is past due.
  • Legal fees shall be paid by CLIENT if incurred by BLC to collect any amount due under this agreement or any previously agreed Purchase Order.
  • Legal fees and finance charges will be included in any collections efforts on past due