LosAngelesNetworkFixes.com Agreement for IT Service Providers
July 30, 2010, 03:29 AM Central Time.

These are the terms and conditions of our Agreement and thanks for working with us (Aix-Nittany Technology, Inc. dba LosAngelesNetworkFixes.com, “ANT," "Us," "Our" or "We" herein).

1 We need You to fulfill our work orders by fixing, repairing, installing and configuring IT components and systems for our Clients.
2 As used herein, “You” or "Your" refers to your organization including any owners, successors, assigns, subsidiaries, parents, partners, and other affiliates with 50% or more ownership by You (the entity we pay per Work Orders). “Client” refers to clients referred to You by Us. "Billable Time" is time that You are billing to Us AND that We can bill to the Client as evidenced by a signed Work Order (see below).
3 Rates – It’s simple. Look at the rates on www.LosAngelesNetworkFixes.com. For services You get 70% of the Billable Time - We keep 30%. For reimbursable purchases, You get reimbursed at 100% of Your cost, plus time spent purchasing (more below). Billable Time includes trip charges, regular billing rates, overtime rates, and special response rates. Fees are based on hourly charges, not deliverables. Now here’s some fine print:

a You can see on the rate chart that there are several different rates. Of course most customers expect that their situation requires the lowest rate while many service providers value their work at higher rates. So We discuss the situation with the Client and recommend a billing level. The Client decides. When We contact You for a job, If you are technically qualified, You decide if You can work at the Client-selected rate. But if You take the job You must do your best and apply everything to getting it done right: once on-site You cannot take the position that “I can do this but must get paid more.”
b Before leaving a job-site, You must complete our Work Order and detail work performed, hours expended, parts purchased, and incidential expenses like parking. An authorized representative of the Client must sign Our Work-Order (click here for the latest version) for all Billable Time, plus Reimbursables (see below). If you sense during a visit that the Client may not sign the Work Order, stop and call us before continuing. We will settle it either way. If the Client does not sign the Work Order and then refuses to pay Us for Your work, citing You as the reason (e.g. "incompetent"), then We will not pay You until We settle and are paid by the Client. We may also charge direct collection and legal costs to Your account, but not to exceed Your charges to Us for that specific Work Order.
c Immediately upon arrival at a Client site, write Your arrival time ("meter starts") on the Work Order. Within one hour after arrival, call Us such that we may assess the situation and discuss and gain approval for Your estimated times and costs to completion with the Client. If You do not do this we may not be able to charge the customer for Your work, and You therefore may not be paid. Upon completion, write-in the departure time ("meter stops"), complete the Work Order in detail such that we can justify your time, get Client signature, then immediately fax to us at 512/646-3727 so that we can call Client for payment and then begin processing payment to You.
d Reimbursables - If parts, hardware, software, shipping or any other non-labor items are needed, please call us in advance whereupon we will discuss with Client for approval. You may buy from a local retail outlet if pre-approved by Us and by Client as evidenced by the Work Order (Client signs for Reimbursables at an estimated amount before you buy, then write-in the actual amount). Do not purchase or otherwise provide Reimbursables unless approved by the Client, and do not sell Reimbursables directly: all must be sold through Us. Time spent in purchasing Reimbursables (e.g., driving, shopping) is billable; please explain this to Clients in advance, or ask us. Documents associated with the purchase (warranty, etc.) must be left with the Client.
e Note that all amounts must be paid from Client to ANT, and then we pay You directly: under no circumstances should You invoice Client directly, nor should You discuss pricing with Client; all pricing matters must be deferred to Us.
f. Every effort should be made to complete all work during the first service call. If more than one visit is needed, We must approve this in advance after gaining Client's approval. Only one trip-charge is billable to Clients.
g In addition to manufacturer warranties, Your work is guaranteed for 90 days, including labor and parts.
h We pay within 15 days of receipt of properly completed and signed Work Orders.
i 3 Strikes - If We call You to fulfill a Work Order and You decline three times in a row, We will remove You from our list and not call again.

4 You agree to be bound by the terms and conditions herein and not by other legal instruments such as those contained in Your service agreement(s), work orders or purchase orders.
5 You are acting as a subcontractor to Us, and we therefore do not provide any form of insurance to You; all liability for accidents or damages of any kind in traveling to and from work sites and for time spent on-site is borne by You.
6 You and We agree to maintain the confidentiality Client information.. Therefore, neither of us will disclose to any third party, without the prior written consent of an executive officer of Client obtained through ANT, any information about Client if this could reasonably be construed as confidential and was obtained in the course of providing services to Client.
7 If a Client asks if You are an employee of Us, the correct response if that we are separate organizations and have booked You as a subcontactor.
8 Some Service Providers have used Us as a means of being introduced to new clients by proposing that Clients can work directly with them in the future, thus eliminating Us. We refer to this as "Circumvention" which is neither acceptable nor professional. Regarding monthly maintenance/service contracts do not discuss this with the Client (which also would be viewed as circumvention) but refer such queries to Us. We are happy to record positive experiences with clients and will note that You are the preferred provider for future work.
9 If the Client asks for Your telephone number for follow-up problems (“let me verify with you tomorrow that it still works”) it is acceptable to provide Your telephone mobile number as long as there is no extra billing. If additional time needs to be billed then tell the Client that this must be scheduled through Us. Otherwise this may be considered as Circumvention.
10 As part of our follow-up processes we do ask Clients about their satisfaction with Your work and any continuing relationships.
11 Regarding Circumvention, during the period covered by any this Agreement and for 12 months thereafter You shall not provide services to Clients introduced to You by Us. In this context, "Client" includes any owners, successors, assigns, subsidiaries, parents, partners, and other affiliates of Client with 50% or more ownership by Client. If such an event occurs without Our written permission You agree to immediately cease such actions and to be liable to Us for all amounts paid to You by such Clients or for liquidated damages of $1,000, all as determined by Us. If You have an existing relationship with a Client please let us know.
12 The terms herein may be changed from time to time. Please print this page (www.LosAngelesNetworkFixes.com/AgreementForServiceProviders.php, which date-stamps) for your records when accepting a Work Order; Your acceptance of a Work Order also constitudes Your acceptance of the Agreement as posted at the time You accept a Work Order.
13 This agreement shall be considered to have been entered into in Los Angeles, California and shall be governed by the laws thereof. If any term or provision of this Agreement shall be found to be illegal or otherwise unenforceable, the same shall not invalidate the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary by the adjudication to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein set forth. If a dispute arises the prevailing party shall be entitled to receive all reasonable direct costs, fees and legal expenses incurred to collect past due amounts and to otherwise enforce this agreement. This Agreement is the entire agreement between the parties hereto with respect to the matters covered herein and supercedes all other understandings between the parties hereto, written and oral. The failure of either party, whether purposeful or otherwise, to exercise in any instance any right, power or privilege under this Agreement or under law shall not constitute a waiver of any other right, power or privilege, nor of the same right, power or privilege in any other instance.

This agreement was last updated on October 22, 2007 and today is July 30, 2010, 03:29 AM Central Time.