The following terms and conditions will apply to all services provided or to be provided by Computer & Internet Services, Winston-Salem NC, to
the person, corporation, partnership or other entity who requests the provision of such services or for whose benefit such services are to be
provided (“Customer”), regardless of whether the order for such services was placed in written form or by submission of an online form order.
To the extent that the Services include any installation, upgrade or configuration of Customer’s computer system or network or any part
thereof, the system or network as installed upgrade or configured by Computer & Internet Services is referred to in these terms and conditions
as the (“Resulting System”). Except as otherwise agreed in a written contract in effect between Customer and Computer & Internet Services
for the provision of the Services, the following terms and conditions shall apply:
1. Price: The prices for the Services are the prices set forth in the Order.
2. Warranty / Disclaimers:
All warranty claims for service related items must be submitted in writing within 24 hours of service completion. Warranty claims will be judged
solely by the members of CIS, LLC., or employees of CIS, LLC. NO EXCEPTIONS. All service performed after 24 hours of initial service
completion will be billed at normal hourly rates.
(a) (i) Computer & Internet Services shall perform all Services hereunder in a good and workmanlike manner in accordance with industry
standards. (ii) Computer & Internet Services hereby warrants that the provision of the Services shall meet the requirements and perform the
operations and functions in accordance with and as set forth in the Order. (iii) I Computer & Internet Services SOLE AND COMPLETE
LIABILITY IN THE EVENT OF ANY CLAIM BY CUSTOMER HEREUNDER SHALL BE TO REMEDY, WITHIN A REASONABLE PERIOD
AFTER RECEIPT OF WRITTEN NOTICE OF SAME FROM CUSTOMER, ANY DEFECT OR FAILURE RESULTING FROM A BREACH BY
Computer & Internet Services OF ITS OBLIGATIONS AND WARRANTY UNDER SUB-CLAUSES 2(a)(i) AND (ii) ABOVE.
(b) APART FROM SUB-CLAUSE (a) OF THIS CLAUSE, THERE ARE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER
TERMS EXPRESS OR IMPLIED (WHETHER STATUTORY OR OTHERWISE) GIVEN OR DEEMED TO BE GIVEN BY Computer & Internet
Services RELATING TO THE SERVICES OR TO THE RESULTING SYSTEM OR THEIR MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR ANY OTHER CONDITION WHATSOEVER.
(c) ANY CLAIMS AGAINST Computer & Internet Services UNDER THE WARRANTIES HEREUNDER MUST BE BROUGHT WITHIN 30
DAYS OF THE DATE THE SERVICE WAS PROVIDED OR THEY SHALL BE DEEMED WAIVED.
(d) IN NO CASE SHALL Computer & Internet Services BE LIABLE TO CUSTOMER UNDER ANY ORDER, OR IN CONNECTION WITH
THE SERVICES, FOR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (SUCH AS LOSS OF PROFITS), EVEN IF Computer &
Internet Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, Computer & Internet Services
DOES NOT WARRANT THAT THE OPERATION OR USE OF THE RESULTING SYSTEM WILL BE ERROR FREE AND UNINTERRUPTED.
(e) CUSTOMER’S ONLY RIGHTS AND ITS EXCLUSIVE REMEDY IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES AND
ITS RIGHTS ARE UNDER CLAUSE 4. THE CUSTOMER MAY HAVE OTHER OR DIFFERENT RIGHTS UNDER APPLICABLE LAW.
(f) NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, WHERE DAMAGES ARE RECOVERABLE ARISING
OUT OF THE ORDER OR THE SERVICES, WHETHER OR NOT THE CLAIM IS MADE PURSUANT TO THIS AGREEMENT, Computer &
Internet Services’ LIABILITY TO CUSTOMER SHALL UNDER NO CIRCUMSTANCES EXCEED THE SUMS PAID BY CUSTOMER AS THE
PRICE UNDER CLAUSE 1 HEREOF.
(g) IN NO CASE SHALL Computer & Internet Services BE LIABLE TO REMEDY ANY DEFECT OR FAILURE TO THE EXTENT THAT THE
SAME ARISE OUT OF MODIFICATIONS, ADDITIONS OR OTHER ALTERATIONS MADE TO THE CUSTOMER’S SYSTEM BY THE
CUSTOMER OR BY ANY THIRD PARTY.
3. Payment: Unless otherwise indicated invoices shall be payable upon receipt and a finance charge will be due on the unpaid balance at the
rate of 1 ½% per month, which is an annual percentage rate of 18% (or if less, the maximum rate permitted by law). This charge will be
computed by applying the daily rate of .0493% to the daily past due balance for the number of days past due from the invoice payment date.
No finance charge will be incurred if payment is received prior to due date. Computer & Internet Services reserves the right to suspend service
to Customer thereunder if Customer is in default in payment of any invoice or if Computer & Internet Services has a reasonable basis to
believe the Customer is unable to make payment for services delivered. In the event of a default with respect to the payment or any part
thereof Customer shall be liable for all of Computer & Internet Services’ reasonable attorney’s fees, including all costs, disbursements and
fees incurred in the collection of any amounts due.
4. Force Majeure: Computer & Internet Services shall not be liable for its delay or failure in performing thereunder due to conditions or events
beyond its reasonable control, including, without limitation, natural disasters, accidents, labor disputes or shortages, governmental laws,
ordinances, rules and regulations and inability to obtain material, equipment or transportation. If due to any such condition or event, Computer
& Internet Services is unable to supply the services ordered by Customer and Computer & Internet Services’ other customers, Computer &
Internet Services shall have the right to allocate among its customers in such manner as Computer & Internet Services deems fair and
equitable.
5. Governing Law: The validity, interpretation and performance of the rights and obligations of the Customer and Computer & Internet
Services are governed by the laws of the State of North Carolina without regard to its rules concerning conflicts of law. The parties hereto
irrevocably consent to suit and submit to the jurisdiction of the courts, federal and state, located in the State of North Carolina.
6. Entire Agreement: These terms and conditions hereof and the Order, together constitute the entire agreement between Customer and
Computer & Internet Services for the provision of services described herein. No course of dealing between Customer and Computer & Internet
Services and no usage of trade shall vary any terms and conditions contained herein and in any such contract. No modifications or waiver of
the terms and conditions hereof shall be binding upon Computer & Internet Services unless approved in writing by Computer & Internet
Services.
7. Computer & Internet Services’ Rights: All of Computer & Internet Services’ rights thereunder are separate and cumulative and in addition
to any other rights Computer & Internet Services may have at law or in equity and no exercise by Computer & Internet Services of any right
thereunder shall preclude Computer & Internet Services from exercising any other legal or equitable right or remedy available to it.
8. Computer & Internet Services, reserves the right to amend these terms and conditions from time to time with regard to any Orders
made after any such amendment
9. Priority Service Plans are for a term of six months. There is a US$300.00 early termination fee.