On Time Technical Services
Performance Agreement

Version: September 28, 2003

A) Services Performed:

All service procedures are performed at the discretion of our qualified computer consultants. While we will consult with our Customer beforehand, we will not take short cuts. We'll do the job right the first time. On Time Technical Services will perform standardized hardware and software services on IBM-compatible Computer Systems.

1. Quoted costs for service does not include the costs of hardware or software of any kind. Under no circumstances will our technicians engage in component-level repairs, including soldering or substantial electrical wiring of any kind.
   
2. We do not repair monitors or printers. On Time Technical Services reserves the right to refuse to service any type of hardware or software.
   
3. For cabling installations, our technicians will not drill though anything other than drywall or soft wood.
   
4. Quoted estimates to customer are for work performed under optimum conditions. Unexpected circumstances which arise including, but not limited to, computer viruses, compressed hard drives, faulty hardware or software, incompatibilities, lack of required software drivers, specification changes, or other circumstances beyond our control are not calculated into such estimates.

B) Terms Of Sale:

All sales are final. Payment shall be made at time service is rendered unless otherwise agreed to in a signed Service Contract currently on file in the On Time Technical Services office and contract must including current coverage for the service performed. We do not accept return merchandise. Defective merchandise covered under warranty will be repaired or replaced at the discretion of our technicians. Merchandise no longer carried by On Time Technical Services may need to be shipped to the manufacturer for repair or replacement.

1. Customer agrees to pay On Time Technical Services our full billable hourly service rate (call for current rates) for any and all services provided. Billable time includes travel time to and from our main office (Forest Grove, OR). Customer is also responsible for reimbursement of tolls, parking, or other expenses incurred as a result of the service provided.
   
2. Customer agrees to pay after-hours, weekend, and/or holiday rates when incurred. After-hours rates (between 6pm and 9am) Monday through Friday and Saturday through 4:00 PM are one and one-half times normal; after 4:00 PM Saturday through Sunday and Holiday rates - if available - are two-times normal.
   
3. All on-site service calls will be billed at a minimum of one-hour of service, followed by quarter-hour increments. All carry-in service will be billed a minimum of one-half hour of service, followed by 15-minute increments.
   
4. All old equipment upgraded or replaced becomes the property of On Time Technical Services unless otherwise specified on the invoice.
   
5. Customer agrees to pay all invoices issued from On Time Technical Services immediately upon receipt.
   
6. Customer acknowledges that purchase of hardware, software, or any other form of merchandise requires payment in full before On Time Technical Serviceswill process Customer’s order.
   
7. Customer acknowledges that monthly payments made on Service Contracts will be considered late 5 days after the agreed upon due date for the payment. Customer agrees to pay a late fee of $25 plus $5 per day thereafter for any late payments.
   
8. Customer agrees to pay $25 plus the maximum allowed by Law for any check not honored by Customer’s financial institution. By failure to pay any invoice gives On Time Technical Services the right to come into Customer’s home or place of business, at our discretion, to remove any merchandise not paid for.
   
9. On Time Technical Services will provide one initial half-hour consultation to new customers for a fee of $25. Upon receipt of payment, customer will be issued a certificate worth $25 towards future purchases from On Time Technical Services valid for three (3) months. Additional consultations will be billed at our full hourly service rate. If any type of service is performed at this initial consultation, it is considered a service call, and will be billed appropriately.

C) Technical Support:

Customers seeking technical support should call our main office at 503-992-0041 and request to speak with the next available technician, or leave a voicemail message. Again, we do not guarantee a response time for technical support.

1. All telephone-based technical support calls lasting more than 5 minutes per incident will be billed to the customer in 15-minute increments at our regular hourly fee. Customers who have purchased a service agreement may call 503-309-6013 for support.

D) Warranties:

All hardware and software media sold to Customer by On Time Technical Services as new is warrantied from defects for a period of at least one-year from the date of sale unless otherwise noted on the Customer’s invoice with the exception of input devices (keyboards, mice, etc.) and monitors which are warrantied for thirty days.

1. Some items may have longer manufacturers’ warranties.
   
2. All equipment sold as used is sold on an as-is basis with no warranty of any kind.
   
3. On Time Technical Services will process warranty replacements for equipment that is no longer covered under On Time Technical Services warranty, yet is still under manufacturers’ warranty.
   
4. Customer is responsible for shipping and service charges related to such warranty replacement.

E) Liability:

Under no circumstances do we warranty support for software of any kind, including any operating system or other software, whether or not an On Time Technical Services technician installed it, even if Customer’s computer is under warranty.

1. On Time Technical Services does not guarantee Customer a specific response time for service requests. Times quoted for repair, service, or delivery/installation of new equipment are given as estimates only.
   
2. Next-business-day guarantees and Priority service calls are available for an additional fee.
   
3. Customer will not hold On Time Technical Services nor any of our consultants responsible for damages to equipment, software, data, or property that may occur during service.
   
4. On Time Technical Services shall not be held liable to Customer for any delay or failure of performance.
   
5. On Time Technical Services does not guarantee compatibility of equipment or software purchased with Customer’s existing equipment.
   
6. To prevent loss of data, Customer should back up all important data prior to requesting service.
   
7. On Time Technical Services reserves the rights to place tamper seals on any computer equipment sold or serviced. Removal of tamper seals voids any and all warranties.

F) Legal Notices:

This agreement is bound by the Laws of the State of Oregon.

1. Customer agrees to pay for any and all damages plus legal fees and attorney’s fees incurred by On Time Technical Services through enforcement of this agreement.
   
2. Customer may not hire, contract, or subcontract any person that is currently an employee of On Time Technical Services for a period of up to three (3) years after the date of this agreement, or the last date which said personnel or On Time Technical Services provides services for Customer.
   
3. Customer may not purchase goods or services from any such personnel not acting on behalf of On Time Technical Services.

END OF CONTRACT

(C) 2005 JCornett & Associates