Customer (“you”) assume all risk of from any and all causes or in any way related to or resulting from the sales, repair or service (“services”) of products by RPE Consulting LLC and their approved service provider (“us” , “we” or “our”). You release us from any claim or liability related to any loss, including but not limited to data loss, for any reason whatsoever, including due to our negligence. You agree that you are fully responsible for backing up all existing data before service, and we will have no liability for any reason whatsoever if you do not do so. Most manufacturer’s warranties and extended service or technology assurance plans only cover hardware related repairs. Be sure you understand the terms and conditions of any warranties on your product(s) and the limitations of those warranties.

The following are the terms and conditions pursuant to RPE Consulting LLC and their approved service providers (“us”, “we”, or “our”) shall provide Customer (“you”) with services.

1.        Services

1.1.      You retain us to perform, or cause to be performed, services for you to your information technology (“Services”). We may decline to perform any services requested by you that may be in violation of any applicable law or other obligation or that are not typically associated with our standard Services.

2.        Your Obligations

2.1.      You agree to provide our personnel access to all equipment, data, disks or other needed materials for service, and to

2.1.1.    notify us of any potential safety or health hazards that may exist at your location or with your equipment

2.1.2.    notify us of any safety procedures to be followed while at your location.

2.2.     YOU ARE SOLELY RESPONSIBLE FOR ANY DATA OR INFORMATION STORED IN, OR ON, ANY EQUIPMENT AND SHALL BE SOLELY RESPONSIBLE FOR MAKING “BACK-UP” OR SECURITY COPIES OF SUCH DATA OR INFORMATION.

2.3.      You shall be solely responsible for any damages to our equipment or harm to our personnel should you fail to provide full accurate information of potential safety hazards and/or health hazards ("hazards"), including those hazards you may not be aware of. You agree to authorize to subrogate claims to you or your insurer.

3.        Term of Termination

3.1.      The term of this agreement will extend from the date the service is provided to the completion of the service requested, unless terminated sooner. We can terminate this agreement, with or without cause, upon notice to you. We will not be in default of this agreement or be liable for any delay, failure in performance, or interruption of service resulting from any cause beyond our control.

3.2.      This entire agreement will automatically terminate, with exception of Section 4, which will remain in full enforcement for a period of not greater than that of ten (10) years after termination of the agreement, on December 31 of the same year of your last service date.

4.        Limitations and Warranty

4.1.      With respect to any equipment, part, or component covered by a manufacturer’s warranty, we shall perform repair services pursuant to such warranty when authorized to act as an authorized service agent for such manufacturer in making warranty repairs. Otherwise, warranty questions or problems with respect to any equipment, parts or components must be addressed directly to the manufacturer by Customer. Customer must show proof of purchase to qualify for warranty services. Replaced parts become our property or the respective manufacturer if exchange is required.

4.2.      Unless otherwise stated, all materials, supplies, parts, other products and/or services supplied under this agreement are provided on an “AS IS” basis. EXCEPT WHERE PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SERVICES, PARTS, COMPONENTS, PRODUCTS, AND/OR SERVICES DELIVERED OR RENDERED HEREUNDER.

4.3.      Our entire liability, and your exclusive remedy, for damages from any cause whatsoever, whether caused by any act, omission, or negligence (“incident”) of ours, or any employee, representative, agent, or contractor of ours, and regardless of the form of action, shall be limited to amounts actually paid by You for services during the time of the incident. The foregoing limit does not apply to damages to tangible personal property or bodily injury legally caused by us. In no event will we be liable for damages caused by your acts, omissions or negligence, or for special, incidental, indirect, punitive, or consequential damages, lost profits, loss of use of Equipment, loss of stored memory or data, cost of substitute equipment, or other incidental or related costs even if we have been advised of the possibility of such damages or costs, or for any claim against you by any third party. The foregoing limitation shall apply notwithstanding any failure of essential purpose of any limited remedy provided herein.

5.        Entire Agreement

5.1.      This agreement, including attachment(s) hereto, constitutes the entire agreement of the parties.This agreement supersedes all prior agreements to the subject matter hereof.

5.2.      This agreement may not be added to, modified, superseded, or otherwise altered, except by us with a notice of change sent to you. Our representatives (including management personnel, employees, and agents) have no authority to waive or amend this agreement, or any part of it, and no authority to make promises, representations, or agreements that impose duties or obligations on us unless in writing.

5.3.      If any provision of this agreement is held to be illegal, invalid or unenforceable, such provision will be fully severable and this agreement will be construed an enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof, and the remaining provisions hereof will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance.

5.4.      If we are providing services under a service plan you purchased, the terms and conditions of the service plan govern this service in the event of a conflict between these terms and conditions and the terms and conditions in the service plan.

6.        Agreement

6.1.      You hereby agree to these terms by authorizing us to perform services that you have retained us for. If you do not agree to these terms, you must state so and the services you have retained us for will be cancelled and you will be invoiced for, including but not limited to, any labor fees, travel fees, lodging fees, administration fees, and/or other fees related to the retained service accrued up and to the point of cancellation.