Information Technology Consulting Agreement

1. Scope of Services:

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.

2. Rates and Payment Terms:

Services are billed at extremely competitive rates—among the most competitive you will find in the Greater Boston area. An upfront deposit equal to one-third (1/3) of the total estimated balance is required before any work commences. The balance is payable upon completion of services. Payments are due on the day the work is completed.

3. Expenses and Additional Costs:

Any expenses or purchases (e.g., software licenses, hardware, or special materials) incurred by Provider on behalf of the Client will be pre-approved by Client and invoiced separately from hourly services.

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 hour of service ($80).

5. Liability and Warranty:

Provider warrants that services will be provided with reasonable care and professionalism. However, Provider is not liable for incidental or consequential damages arising from services rendered. Client’s sole remedy for any dissatisfaction is limited to re-performance of the services. At this time, the Provider does not carry errors and omissions insurance; however, this may change in the near future.

6. Time Billing:

The minimum charge for services will be equal to no less than one hour of work at the above-listed price ($80). Subsequent time will be billed in 15-minute increments.

7. Time and Materials Billing:

For time billing, the policy outlined in section 6 applies. For materials billing, the Client may either purchase the required materials at the time services are rendered or Provider will supply materials at a cost of 1.20x the original cost of the listed materials and will retain the 20% difference as a finance charge for materials.

8. 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.

9. 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.

10. 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 due to insufficient information provided by the Client.

11. Governing Law:

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.

12. 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.

13. Errors and Omissions Insurance:

At the time of this writing, the Provider does not carry errors and omissions insurance. However, this may change before services are rendered.

14. 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.

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.

TPSTechServices

Tech Support that Works for You

617-594-7521 tim.shannon@tpstechservices.com