Remote Access Agreement
Definitions
“Access Code” shall mean the authentication credentials, including by way of example, a username, password, personal identification number (“PIN”), digital certificate, and/or token.
“Agreement” shall mean this entire contract and include all of the terms, conditions and procedures outlined herein.
“Client” shall mean the purchaser of the service provided by Garber Connect and shall also include any present or former agent, representative, independent contractors, employee, servant, attorney and any entity or person who had authority to act on the Client’s behalf.
“Confidential Information” means any information, technical data, or know-how considered proprietary or confidential by either party to this Agreement including, but not limited to, either party’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, pricing information, procedures, menu concepts, business and marketing plans and strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of this Agreement, either directly or indirectly in any form whatsoever, including in writing, orally, machine readable form or through access to either party’s premises.
“Effective Date” shall mean the date on which this agreement is executed.
“Garber Connect” shall mean Garber Electrical Contractors, Inc dba Garber Connect, and shall include any present or former employee, agent, office, representative, independent contractors, servant, and any entity or person who had authority to act on the Client’s behalf.
“Total Cost of Services” shall mean the total amount of fees charged by Garber Connect.
Terms and Conditions
By Allowing Garber Connect to remotely access your computer equipment, you agree to the following terms and conditions:
Permission to Remotely Access Computer, Network, Hardware, Software and/or Stored Data: This document specifically grants Garber Connect, permission and passage to access client’s computer and data networks, hardware, programs, and stored data files. This access is granted to facilitate the evaluation of the state of the computer, its programs, settings, and data to determine what problems may need to be corrected. Garber Connect may troubleshoot, evaluate, run programs or install/uninstall software, reconfigure and/or otherwise perform service or technical support work on said computer, any network or equipment that is attached, either directly or through and internal network. Garber Connect may make any changes that they determine are necessary to increase the performance of the computer equipment and/or to alleviate the problem at hand or any other problem discovered during the course of Garber Connect remote evaluation and assistance.
This permission is granted fully, without limit and willfully by remote support client, and said evaluation takes place at client’s direct request. In no event shall Garber Connect be liable for any data loss, either currently or previously stored on any computing equipment at client’s home or on client’s business network, further clarifying and affirming the separation of liability authorized and executed by client. By allowing Garber Connect to remote in, client agrees to all these terms and conditions.
No Liability for Consequential Damages: To the maximum extent permitted by applicable law, in no event shall Garber Connect or its employees, or its assigns be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruptions, loss of business information or any other real or pecuniary loss) arising out of Garber Connect access to client’s computer(s) or network(s), even if Garber Connect and its employees or assigns have been advised of the possibility of such damages. In any potential litigation Garber Connect entire liability under any provision of this agreement shall be limited to the amount actually paid by you, also known as the Total Cost of Services, to Garber Connect for remote assistance services during this service call event.
In no event shall Garber Connect and/or its employees or offices be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of any software, our technical support, failure to provide services, any loss of data or use of your computer equipment.
This agreement shall be governed by the laws of the state of Ohio and shall inure to the benefit of Garber Connect and any successors, administrators, contractors, heirs, and assigns. Any action or proceeding brough by either party against the other arising out of or related to this agreement shall be brought only in a state or federal court of competent jurisdiction located in Montgomery County, Ohio.
The terms of this agreement may be modified at the sole discretion of Garber Connect without notice.
Confidentiality, Privacy and Security
Garber Connect agrees not to sell or release the Client’s personal information unless otherwise authorized by Client in a separate, signed release agreement.
Except as otherwise required by law, Garber Connect and Client agree not to disclose the Confidential Information, as defined in “Definitions” section below, to any third parties or to any of its employees except those employees who have a need to know the Confidential Information for accomplishing the purposes described herein and where such employees will be made aware that the information is confidential and will be under a contractual restriction of nondisclosure and proper treatment of Confidential Information. Garber Connect and Client agree to keep the Confidential Information secret, in accordance with this Agreement, for a period of five (5) years from the date it receives the information.
Garber Connect and Client agree to use the same care and discretion to avoid disclosure, publication, or dissemination of either part’s Confidential Information that Garber Connect or Client uses to protect its own Confidential Information, but in no case will Garber Connect or the Client use less than reasonable care to protect either party’s Confidential Information.
Where disclosure of the Confidential Information is required by law, Garber Connect and the Client will immediately notify the other party thereof (including the manner of disclosure) so that it may take such action as it deems necessary to intervene or seek assurance of confidentiality. Garber Connect and the Client agree to advise either party in writing of any misappropriation or misuse by any person of such Confidential Information of which either party may become aware.
Garber Connect does not guarantee the complete confidentiality, privacy and/or security of any of the Client’s data while it is transmitted through any electronic methods, including the internet, email, fax, telephone and/or any other method of electronic communication.
All data, information, reports, analysis, artwork, logos, graphics, video, text, and other materials, including but not limited to financial data supplied by Client to Garber Connect in connection with this Agreement will remain the sole and exclusive property of Client.
