Wittenberg University
Dear Student, Faculty & Staff
In partnership with Wittenberg University, Pomeroy
IT Solutions is offering you an opportunity to protect your PC or Apple
investment and to protect your access to the University network. We have designed an On-Campus
ExtendedCare Warranty to cover computer needs that go well beyond standard
services covered in manufacturer’s warranties.
Viruses?
SPAM? Configuration confusion?
Now you can get help conveniently, quickly, and at low cost. This On-Campus ExtendedCare Warranty covers
items not covered by Manufacturer’s warranties and is custom-designed to meet
Wittenberg University PC/laptop and network requirements.
A one-year, renewable On-Campus ExtendedCare
service agreement is just $29.95/year.
This service is available only to Wittenberg students, faculty and
staff… covers the services described above… and is subject to the Terms and
Conditions as described in the enclosed On-Campus ExtendedCare Agreement.
Beginning September 2004, Pomeroy IT will be on campus in Synod Hall room every Tuesday and
Friday, 9:00 a.m. – 5:00 p.m. during the academic year. You may bring your computer in for help
with the following:
If you choose not to enroll in the ExtendedCare
program, you may still use the on-site services. Pomeroy IT will assist Wittenberg-affiliated non-members on a
per-incident fee of $75.00. After this
fee is paid the computer will be considered enrolled in the program for the
remainder of the current school year….entitling you to all of the services
described in our On-Campus ExtendedCare Agreement, at no additional charge.
Our mission says it all, “To Be The Best Information Technology Provider in America
“. We
achieve this through unprejudiced service delivery and execution regardless of
our customer’s size, breadth or scope.
Our success lies in fulfilling your service needs!
If you are in the market for a new PC or MAC
laptop, that meets University networking requirements, please see enclosed
brochures about computer purchase offer available only to Wittenberg students,
faculty and staff.
If you have any questions about how to use the
services provided under the Extended Care Program,or have questions about
purchasing a computer, please feel free to contact me directly at 937-439-9682,
ext. 101.
_______________________
Chris Morgan
Regional VP
Enclosed: Service
Agreement
Invoice
This Agreement is made between Pomeroy Information
Technology Solutions (hereinafter “Pomeroy IT”) and the party/parties indicated
on the attached invoice (hereinafter “Customer”) By purchasing the attached 1
Year Service Agreement you agree to abide by the terms and conditions contained
with, unless otherwise documented by and addendum to this agreement. Customer
has agreed to obtain from Pomeroy IT, and Pomeroy IT agrees to provide to
Customer, services as hereinafter described, subject to the terms and
conditions stated in this agreement.
General - The failure or delay by either party to enforce any provision of
this Agreement shall not operate as a waiver of the right to enforce such
provision or any other provision of this Agreement. No waiver of any provision
of this Agreement shall act as a subsequent waiver of such a provision, nor as
a waiver of any other provision of this agreement. Any notice required or permitted hereunder, except a request for
service by the Customer, shall be in writing and delivered or sent by certified
mail, return receipt requested and postage prepaid, to the receiving party at
the address set forth in the final page of this Agreement of at such address as
designated in writing by such party to the other.
Term - Coverage under this agreement begins as of “Invoice Date” as
indicated on the attached invoice and shall remain in effect for the period in
accordance with services purchased, which is also indicated on the attached
invoice.
Pricing - The attached invoice
indicates the prices for services covered under this agreement, which must be
paid prior to services being rendered under this agreement.
Services not covered under this agreement will be invoiced to Customer at the following rates and terms unless otherwise agreed upon by an addendum or other service agreements in effect during the term: Labor - $75.00 per incident, + any parts needed, No Travel Fee.
Service Level Agreement – The term “Service Level Agreement” as used herein refers to on-site or telephonic response time by a certified technician. Response time shall be measured from the time the Customer completes a call to Pomeroy IT Dispatch Team to the time a certified technician contacts the customer. Under this agreement, service will be provided in accordance with the response time as indicated on the invoice for each “extended care” service purchases. Serviced will be measured and performed during normal business hours, 8:00 a.m. to 5:00 p.m. Tuesday and Friday (except on the following holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, subject to University Holiday Schedule) Service will be completed on a best effort basis and the provider is not responsible for delays in parts that are beyond its control.
Covered Equipment – Covered Equipment is that equipment listed on the attached invoice. No equipment shall be eligible for Coverage if it has altered and /or if the Customer provides invalid serial numbers.
Billable Call Maintenance – The term “Billable Call Maintenance” as used herein means any maintenance, other than Covered Services, performed by Pomeroy IT. Pricing will be set forth in the section above labeled “pricing”
Exclusions to Covered Services - Covered Services does not include the following
unless purchased or specified on the attached invoice:
a) Maintenance
of accessories, attachments, supplies machines, or other devices; that are not
equipment items;
b) Refinishing
of equipment;
c) Adding or
removing accessories, attachments, or other devices;
d) Repair
for damage not caused by Pomeroy IT, including without limitation, damage
resulting from accident, transportation, power, air conditioning or humidity
control, telephone equipment or communication line failure, use of external
materials or supplies which do not adhere to manufacturer specifications, or
causes other than ordinary use, damage caused by misuse either deliberate or
accidental;
e) Specification
changes;
f)
Service which is impractical for Pomeroy IT to render
because of alterations in the Equipment made by persons other than Pomeroy IT
without receiving Pomeroy IT’s prior written approval;
g) Any
services in respect to software or programming; except those mentioned on cover
page.
h) Consumable
and/or Customer maintainable items so designated within the manufacturer/user
documentation as operator responsibilities, including but not limited to
printer print heads, ribbons, toner, cartridges, batteries, etc.;
i)
End-of -life replacement of print engines or other
products that are deemed by the manufacturer to have a designated life span;
j)
Any replacement of the Cathode Ray Tube (CRT) for such
occurrences as burnt phosphor of the screen, but does not include the
replacement if the CRT should fail;
k) Recovery
or reinstallation of data or application files;
l)
Any services in respect to software or firmware
programming; and
m) Ordinary
cleaning, adjustment, or alignment when there is no impairment of
functionality.
Parts - Covered Maintenance shall include replacement of unserviceable
parts, except for supplies or expendable parts and/or customer maintainable
items as described above. In the case of Billable Call Maintenance, replacement
of unserviceable parts will be invoiced on a cost plus 30% basis to the
customer, unless the maintenance involving replacement is Billable Call
Maintenance solely because of the hour or day when performed, in which case the
maintenance shall include parts replacement as in the case of Covered
Maintenance. All replaced parts become the property of Pomeroy IT.
Charges - The total charges for the support services selected by the customer
are set forth in the Pricing section of this agreement. Unless otherwise
specified in the agreement, Billable Call Maintenance activities are as
indicated in the pricing section above. Customer shall pay charges associated
with this agreement prior to the commencement of Coverage. In the event any sum
of money owed by customer under this agreement is not paid then Provider is not
obligated to perform service activities outlined in this agreement.
Taxes - All maintenance charges are exclusive of applicable federal, state,
or local taxes. Customer shall pay or reimburse Pomeroy IT for any taxes and
Pomeroy IT may add such taxes to any invoices submitted to Customer.
Billing – Customer must pay at the
time of purchase.
Excused Performance – Pomeroy IT shall not be deemed to be in default
of any provision hereof or be liable for any delay, failure in performance, or
interruption of service resulting from acts of God, civil or military
catastrophes, transportation delays, inability to obtain materials or parts
from suppliers, or parts from suppliers, or any other force beyond its
reasonable control.
Limitation
of Liability -
Pomeroy IT shall not be liable for special, incidental punitive, or
consequential damages in connection with support or service provided including
but not limited to loss of profits or revenue, loss of use of equipment, costs
of substitute equipment, or other down-time costs. In addition, liability with respect to property damages or injury
(including death) to persons arising out of or connected with support performed
under this agreement, is limited strictly to that imposing any greater
liability of Pomeroy IT.
Unauthorized Repairs – Pomeroy IT may withdraw any items of Covered
Equipment from Coverage upon 45-days written notice to Customer if the items
require repeated repair resulting from any repair or maintenance made by a
party other than Pomeroy IT.
Termination and Withdrawal - Customer may terminate this agreement or
withdraw any items of Covered Equipment from Coverage by providing Pomeroy IT
with written notice, which shall become effective 30 days after receipt. In the
event of such termination, Customer shall not receive any refund or prorating
of any fees paid to Pomeroy IT. Pomeroy
IT may withdraw any items of Covered Equipment from coverage upon 30 days
written notice and opportunity to cure such non-compliance. Upon such
termination or withdrawal from Coverage to Customer if the items require
repeated repair resulting from any repair or maintenance made by a party other
than Provider.
Modification or Amendment - No modification or amendment of this agreement
will be binding on either party unless in writing and signed by an authorized
representative or officer of each party.
Said notification must be delivered to the person or position and
address as listed in the section labeled Acceptance of Service Agreement.
Jurisdiction - The laws of the Commonwealth of Kentucky shall
govern this agreement.
General - The failure or delay by either party to enforce
any provision of this Agreement shall not operate as a waiver of the right to
enforce such provision or any other provision of this Agreement. No waiver of any provision of this
Agreement. No waiver of any provision of this Agreement shall act as a
subsequent waiver of such a provision, nor as a waiver of any other provision
of this agreement. Any notice required
or permitted hereunder, except a request for service by a the Customer, shall
be in writing and delivered or sent by certified mail, return receipt requested
and postage prepaid, to the receiving party at the address set forth in the
final page of this Agreement of at such address as designated in writing by such party to the other.
Entire Agreement - This agreement contains the entire agreement of
Provider and the Customer. No representations, inducements, promises,
negotiations, or agreements, oral or otherwise, not contained herein shall be
of any force or effect.
Acceptance - After reviewing the service program, I accept
the terms and conditions as documented in this proposal/agreement.
Customer:
____________________________ ____________________________
Signature Date
____________________________
Name
____________________________
____________________________
____________________________
Address
Provider:
_____________________________ ____________________
Brian
Mitchiner Date
Service
Manager
C/O
Pomeroy Information Technology Solutions
478
Windsor Park Dr
Dayton,
OH 45459
937-439-9682