COMPUTER SERVICES AGREEMENT

THIS AGREEMENT is made by and between FireBall Information Technologies (“Technicians”) and the person, company or company representative receiving the services (“Customer”).

Agreements
In consideration of the mutual covenants set forth in this Agreement, Customer and Technicians hereby agree as follows:

1. Scope of Services.

Technicians shall provide to Customer general computer and computer related repair and consultation services as requested by the Customer and agreed to by the Technicians (the “Services”, “Work Product” or “Repairs”).

1.1 Limitation of Services.  
Technicians shall not be responsible for the following: 1) Damaged, corrupted or inaccessible data or files, or other damage or liability resultant from or arising out of the repairs or services provided to customer by Technicians; 2) Ability or inability to use any hardware or related equipment, network or network resource or connectivity; 3) Ability or inability to use any third-party service or software. 4) Compatibility issues with other software, hardware or related services resultant from work performed by Technicians; 5) Loss of productivity, wages, income or any monetary damage resultant from or the proximate cause of work performed by Technicians; 6) Liaising with any billing and/or accounting on matters related to payment for software, licenses, services, or other items provided by or acquired for Customer by Technicians; 7) Monitoring of any kind of any operating systems, applications, Services or software, upgrades, patches, fixes or any other ongoing maintenance or obligation between the Technician and Customer; 8. Fixing errors and omissions contained in any third-party resource outside of the direct control of Technicians, unless otherwise specified.

2. Limited Warranty and Limitation on Damages.
Customer waives any warranty, express or implied, for the services and repairs performed under this Agreement. Customer acknowledges that Technicians are not responsible for the results obtained by Customer when using any Services or Work Product produced by Technicians. Customer waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of the consideration paid to Technicians as set forth in Section 1, Scope of Services. No action, regardless of form, arising out of the Services rendered or Work Product, under the Agreement, may be brought by either party more than one year after the cause of action has occurred. In no event shall Technicians be held liable for consequential damages.


3. Entire Agreement, Waiver and Governing Law.
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties relating to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. Exclusive jurisdiction and venue shall be in the Pima County, Arizona Superior Court. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual attorney’s fees and costs, including expert witness fees.

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

All parties represent and warrant that, on the date of requesting services, they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by continuing forward to receive services.