Information Technology Consulting Agreement

Forward

Scope of Services:

These terms and conditions are not meant to be off-putting nor are they exhaustive.  They are meant to provide a framework for the business relationship that we are entering into.  I believe that when an agreement is made and money is to be exchanged for services, certain guidelines should be adhered to by each of us.  I would kindly ask that, prior to us starting work together, you read these terms thoroughly, ask any questions,  I would then ask that you send me an email or a text with your acknowledgement that you have read the terms and conditions.  Many thanks in advance.

TPSTechServices (“Provider”) agrees to provide IT consulting, troubleshooting, repair, setup, maintenance, and related professional IT services as mutually agreed upon with the Client. Services will be performed diligently, professionally, and in accordance with generally accepted industry standards.

With Regards to Service Fees and Compensation

I value your time and trust. You likely had many options with regard to whom to pick to do this work, and you ultimately chose me.  Please know that I truly appreciate the business. 

Please note that once my services are booked—whether via phone call, email, or text through a scheduled appointment, remote session, or on-site visit—the agreed-upon hourly rate becomes applicable.  If no rate is discussed it is assumed the rate on 
This fee reflects the time, expertise, and resources dedicated to your service request, regardless of the outcome.  While I always, without exception, strive for successful results, compensation is based on the professional services rendered, not ultimately on the final outcome. Any adjustments or discounts to the service fee are at my discretion.  

1. Rates and Payment Terms:

Services are billed at extremely competitive rates—among the most competitive you will find in the Greater Boston area.  Many would probably rate these rates as well below the market average. An upfront deposit equal to one-half (1/2) of the total estimated balance is generally required before any work commences unless other arrangements have been made. The balance is payable immediately upon completion of services.  I take cash, major credit cards, and if necessary a personal check.  Please note that if a check is returned for any reason a fee of $25 is added on to the total bill.  This is common business practice.

2. Expenses and Additional Costs:

Any expenses or purchases (e.g., software licenses, hardware, or special materials) should be  incurred by client using their personal means.  If hardware or software is purchased on behalf of the Client this will be pre-approved by client and the provider ahead of time. Hardware and software will generally be invoiced seperately if it’s a major expense, otherwise it will be billed as part of the overall invoice and will be due and payable upon receipt of invoice. 

4. Cancellation and Rescheduling:

The Client and Provider will make every attempt to give 24 hours’ notice before any cancellation or rescheduling, except in the event of extenuating circumstances. Failure by the Client to provide timely notice without such circumstances may result in charges equivalent to one half the originally quoted hourly rate

5. Liability and Warranty:

Provider warrants that services will be provided with all reasonable care and professionalism. However, no working enviornment is 100% perfect. Provider is not liable for incidental or consequential damages arising from services rendered aside from those incurred due to a lack of caution. Client’s sole remedy for any dissatisfaction is limited to re-performance of the services or the equivalent of the amount of services rendered payable within 14 business days.

6. Insurance

I am insured through The Hartford for general liability, Errors and Omissions.  The above stated if I feel a job is too dangerous or requires a secondary technician for assistance I will not attempt it in an abundance of caution.

7. Time Billing:

The minimum charge for services will be equal to no less than one hour of work at the hourly rate listed on the provided estimate. Subsequent time will be billed in 15-minute increments.

8. Time and Materials Billing:

For time billing, the policy outlined in section 6 applies. For materials billing, the Client will purchase materials before the time services are to be rendered.  Unfortunately I don’t have the means to float customer purchases at this time.

9. Confidentiality:

Provider agrees to maintain strict confidentiality regarding Client’s data and information, only disclosing when required by law or upon written consent from the Client.

10. Good Faith Communication:

Both Provider and Client have the responsibility and obligation to communicate and act in good faith. This includes clearly communicating any changes in scope or timing of a project.  

11. Withholding of Pertinent Information:

The intentional withholding of pertinent information related to the project is strictly prohibited. If the scope or required time varies from the initial estimate and agreement due to undisclosed information, additional fees will apply and be payable upon service delivery. The Provider is not responsible for incomplete or partial work or work that take longer than normal due to insufficient information provided by the Client.

12. Unplanned or Previously Undocumented Work

12. Governing Law:

  1. Should there come a time when unplanned or unforseen work arises this does not mean it’s not subject to invoice.  If the nature of 

Example 1 – Remote Work – No Estimate Provided

If the work is remote and spontaneous the price would be calculated as follows:
Hourly Rate / 4 = 15 Minute Interval Rate;  In this case that changes to ($75 / 4) = 

($75 Hourly as indicated on the home page) * The amount calculated for each 15 minute interval 
Example:  45 Minutes of unplanned time
– Dividing the published rate for in home work by 4 gives the 15 minute hourly rate.   ($75 /4 = 18.75 for every 15 minutes)
– Multiplying the 15 minute hourly rate by the amount of 15 minute intervals gives us the Total Due [ $18.75 * 3] = $56.25
– While I realize that clients may only have enough on hand at the time the remainder will be due and payable no later than the next day.

– Extremely Important Notes about Overpay Situations:
1) A brief indication by the provider may possibly be given indicating that we are about to reach the end of our scheduled time. 
    – The responsibility to do this does not rest solely on the provider. 
    – The tech has no inherent responsibility to engage in extra time but may do so at the provider’s discretion.

   

 

 

This Agreement is governed by the laws of the Commonwealth of Massachusetts. Both parties agree to resolve any disputes arising under this agreement through mutual negotiation and mediation, if required.

13. Client Responsibilities and Understanding:

Failure to read and understand this contract is not a valid reason for non-execution or misunderstanding of the Client’s responsibilities as outlined herein. By signing below, the Client acknowledges having read, understood, and agreed to abide by this Agreement.

14. Insurance

At this time I carry general liability insurance through The Hartford.  Certificate is available upon request.  I do not currently carry errors and omissions insurance – in the event of an error or omission the recourse would be the amount paid to do the work when it included the error or omission.

15. Agreement Pause or Termination:

This agreement may be paused or terminated at any time, for any reason, by either the Client or the Provider if continuing with the project is deemed unproductive. The agreement and responsibilities of both parties will only be considered terminated when all necessary information and details are handed over to the Client and all unpaid monies up to and including the point of termination are received by the Provider. Once the Provider is justly compensated, all information and pertinent details will be promptly handed over to the Client.

16. Last Minute Purchase of Tech Equipment Necessary to Complete the Job

At times additional equipment is needed to complete the job.  Whether it’s replacement memory, a new keyboard, or a new hard drive.  These types of things are for the most part unavoidable.  I will make every attempt to narrow down in advance what equipment may need to be purchased before the time of the appointment, however if information is not provided that is requested resulting in a trip to a computer supply store that time is billable and the products will carry a 10% surcharge for having to procure them on an emergency basis.

Acceptance:

By engaging TPSTechServices, the Client agrees to these Terms and Conditions. The agreement becomes effective upon receipt of initial deposit payment.
* In order for this agreement to become active an accompanying estimate or preliminary invoice must accompany the electronic form of this agreement.

If the above conditions are clear and understood please send an email to tim.shannon@tpstechservices.com before work commences indicating this.