All appointments are subject to the below Terms & Conditions of service which were referenced and/or provided to you at the time of service. Keeping, booking, or requesting service from Nerds Limited, LLC constitutes compliance with all conditions below.
This agreement (“Agreement”) is made on the day this agreement is received, by and between Nerds Limited, LLC, located at 522 Bryn Mawr Drive SE, Albuquerque, NM 87106, (hereafter "Consultant"), and all Clients, Agents, and parties who retain appointments with Consultant whose principal place of business is located at the Company's Address, Home or Office, (hereafter referred to as "Company". Collectively, the parties to this Agreement shall be referred to as "the Parties".
This Agreement is based upon the following:
WHEREAS, the Company desires to engage the services of the Consultant to perform for the Company information technology ("IT"), installation, maintenance, repair and other related services; and,
WHEREAS, Consultant desires to perform such IT services for the Company, and, for such compensation as is set forth in detail below;
NOW, THEREFORE, and for valuable consideration, the Parties to this Agreement agree as follows:
Term. The minimum period contracted for with Consultant shall in no event be less than one hour.
Compensation & Terms of Service.
a. Under the terms of this Agreement, the Company agrees to pay the Consultant an Hourly retainer fee of your quoted rate at the time of appointment + Gross Receipts Tax per hour. All service calls require a one hour minimum charge. After one hour, time will be billed in two minute increments until the completion of the service call. This amount shall be payable at the time of service by check or cash unless otherwise agreed upon prior to the completion of service. Payment by Credit Card shall be accepted with an additional 2.83% fee.
b. In consideration of the receipt of the above noted fee by Consultant, Consultant agrees to provide to Company the following:
i. 1 or more hour(s) of IT consulting, installation, repair and/or maintenance services.
Liability. With regard to the services to be performed by the Consultant under the terms of this Agreement, the Consultant shall not be liable to the Company, its agents, or assigns, for any negligent acts or omissions in the performance of services rendered under this Agreement by the Consultant. The Consultant shall only be liable to Company for damages resulting from acts of malice or gross negligence.
Confidentiality. Consultant understands and appreciates the proprietary and confidential nature of the Company’s business. Therefore, it is understood between the Parties to this Agreement that any information obtained or witnessed by Consultant, or disclosed to Consultant during the regular performance of service(s), shall be held in strict confidence. Consultant shall only disclose such information if ordered to do so by a court of competent jurisdiction.
Independent Contractor Status. At all times pertaining hereto, Consultant shall act in the capacity of an independent contractor, and not as an employee of the Company.
Good Faith & Dispute Resolution.
a. At all times, parties shall act in good faith.
b. Should any circumstance arise where the parties disagree on the amount owed of the amount of time spent, such agreements shall be resolved by way of informal discussions between the Parties. In the event that an agreement cannot be reached, both parties will choose a neutral independent mediator and the cost of such mediation shall be shared by both parties.
c. For that purpose, the parties hereto consent to the jurisdiction and venue of an appropriate court located in Bernalillo County, in the State of New Mexico. In the event that mediation, arbitration, or litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, in addition to any other relief to which the prevailing party may be entitled.