This Service Agreement (“Agreement”) is made between Legato Music & Theater (“Legato”) and you (“Client”), collectively referred to as the “Parties”.
Get Wired Tec Inc. DBA Legato Music & Theater
1940 14th Street
Santa Monica, CA 90404
Email: [email protected]
The Client wishes to be provided with the services by Legato regarding technical support for control, theater, and/or music systems as described and selected below and Legato agrees to provide the services to the Buyer on the Terms and Conditions of this Agreement set forth below and incorporated herein.
- No plan. By selecting this option, Client understands and agrees that technical support will only be available Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. (except holidays). Client will be billed at the rate of $110.00 per hour in fifteen (15) minute increments.
- Enhanced Plan. By selecting this option, Client will have access to twenty four hour per day technical support for each day of the year via telephone, text, e-mail, and chat and proactive monitoring of Client’s system which will include: (a) remote rebooting of Client’s internet router; (b) Client’s use of an application for use on a mobile device which will allow Client to reboot devices; (c) guaranteed next business day service call (weekends and after hours on an “if available” basis). Client agrees to pay $129.99 per month for this plan.
This Agreement shall become effective beginning on the date it is fully signed by Legato and Client and Client has paid the first month’s fee, it shall continue in effect until terminated in accordance with the provisions set forth herein.
Terms and Conditions
- This Agreement may be terminated by either party submitting fifteen (15) days written notice to the other party or may be terminated immediately if there is a failure to make a required payment when due or in the event of bankruptcy by either party.
- Any notice that is required pursuant to this Agreement may be delivered by United States Postal Service or via e-mail. All mailed correspondence shall use the addresses listed above for each party to this Agreement. All emailed correspondence shall use the e-mail listed above for each party.
- Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute.
- The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
- In no event shall Legato be liable for any consequential, indirect, exemplary, special, or incidental damages, including loss of use and/or profits, arising directly out of or in connection with this Agreement or relating to the services even if Legato has been advised of the possibility of such damages. Legato’s total cumulative liability in connection with the services hereunder, whether in contract or tort or otherwise, will not exceed the fees paid for the services hereunder during the calendar year when the incident giving rise to the claim took place. One or more claims will not increase this limit.
- Essential and Enhanced Plans will require an on-site survey of Client’s system and may require installation of additional equipment unless such equipment was previously installed as a part of Client’s original system.
- All services to be rendered by Legato pursuant to this Agreement are for Client’s control, theater, and/or music systems which are installed by Legato at Client’s address set forth above. Legato will have no responsibility or obligation to provide services for any equipment not supplied by Legato, or for the inability to provide services as to any equipment damaged due to abuse, misuse, electric power loss or fluctuation, work, upgrades, and/or modifications to equipment not made by Legato. Client shall maintain, at Client’s sole expense, a reliable electronic connection to the internet.
- The terms and conditions of this Agreement constitute a service contract and not a product warranty. Legato does not make, and hereby disclaims any warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
- If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect and shall in no way be effected, impaired or invalidated.
- This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California and the parties agree and submit to the exclusive jurisdiction of the Superior Courts for the County of Los Angeles, State of California for the resolution of any and all disputes arising out of this Agreement.
- Terms, conditions, rates and scope and level of services are subject to change based on thirty (30) days written notice from Legato to Client.
- This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter of this Agreement, and supersede all prior understandings and agreements, whether oral or written, between or among Legato and Client with respect to the subject matter hereof. No modification or amendment of this Agreement shall be valid unless in writing signed by the Parties hereto.
- If any term, covenant, condition or provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be effected, impaired or invalidated.