Fill and Sign the Church Computer Service Agreement Form

ChurchChurch ComputerComputer ServiceService AgreementAgreement PagePage 11 ofof 44 ChurchChurch ComputerComputer ServiceService AgreementAgreement This Agreement made this day of , 20 , between , a nonprofit Church Corporation organized (Name of Church) and existing under the laws of , with its principal office located at (Name of State) , referred to herein Church, and (Street Address, City, County, State, Zip Code) , a corporation organized and existing under the (Name of Service Provider) laws of the state of , with its principal office located at (Name of State) , referred to herein as (Street Address, City, County, State, Zip Code) the Service Provider. Name of Church: Address: City: State: Zip Code: Telephone: Type of Service Location: Business Residence Other (please describe): Annual Contract Service Fee: $ Start Date of Agreement: End Date of Agreement: Method of Payment MasterCard Visa American Express Discover Card Business or Personal Check Other – Please explain: Whereas, Church is of the opinion that the Service Provider has the necessary qualifications, experience, and abilities to provide services in connection with the computer servicing needs of the Church; and Whereas, Service Provider is agreeable to providing such services to the Church, on the terms and conditions as set out in this Agreement; ChurchChurch ComputerComputer ServiceService AgreementAgreement PagePage 22 ofof 44 Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: I. Engagement. Church hereby agrees to engage the Service Provider to provide the Church with services consisting of Personal Computer and/or Network Maintenance and Repair Services as well as other services as the Church and Service Provider may agree upon from time to time (the Services), and the Service Provider hereby agrees to provide such Services to the Church. II. Term of Agreement. The term of this Agreement will begin on the date of this Agreement and will continue in full force for a term of one year and is subject to earlier termination as otherwise provided in this Agreement, with the said term being capable of extension by mutual written agreement of the parties. III. Performance. A.The Service Provider agrees to service and repair Church’s business computers at the location at is designated in this Agreement when called upon to do so by the Church if and when needed. B. Service Provider agrees to physically or remotely answer a service call request within four (4) hours of being called for service.C. Service Provider also agrees to perform preventative maintenance services on Church workstations and servers twelve (12) times per each year of the duration of this Agreement. D. The compensation for computer servicing and maintenance is limited to labor charges only. If parts or upgrades are needed to complete repair at any given time -- Church shall have the right to purchase the parts or upgrades needed from another source as recommended by Service Provider if desired. The Limit of Liability and warranty of said parts or upgrades would be the responsibility of Church if purchased from an outside source and in no way should be put upon the Service Provider. IV. Compensation. For the Services provided by the Service Provider under this Agreement, the Church will pay to the Service Provider compensation of $ per month for the duration of the Agreement as specified. V. Additional Compensation. The Church will provide additional compensation for all computer hardware parts replaced or software that is added. Church will be invoiced for payment at the conclusion of the service call when performed. VI. Termination of this Agreement. A.The Church may terminate this Agreement at any time giving the Service Provider a 90-day written notice. ChurchChurch ComputerComputer ServiceService AgreementAgreement PagePage 33 ofof 44 B.The obligations of the Service Provider under this Agreement will terminate upon the earlier of the Service Provider ceasing to be engaged by the Church or the termination of this Agreement by the Church or the Service Provider. VII. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. VIII. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. IX. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of . (Name of State) X. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. XI. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. XII. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. XIII. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. XIV. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. ChurchChurch ComputerComputer ServiceService AgreementAgreement PagePage 44 ofof 44 XV. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. WITNESS our signatures as of the day and date first above stated. (Name of Church) (Name of Service Provider) By: By: (Signature of Officer) (Signature of Officer) (Printed Name & Office in Corporation) (Printed Name & Office in Corporation)