Terms and Conditions
as of May 2020
Please read these Terms and Conditions carefully as they cover important information about services provided to you by Advanced Mission Critical Services Inc. known herein as AMCS INC.
Payment is due upon completion of services rendered. Amounts owing after the due date are subject to a late payment interest charge, calculated at 6% per month compounded monthly. An additional late payment fee will apply subject to the duration of the outstanding balance. Notwithstanding the payment terms set forth in your agreement with AMCS INC., this proposal supersedes those payment terms. All pricing is based on services for floor area, number of racks and frequency as described within this proposal. Any changes in products, services, quantities, and/or frequency will change the price of each service and / or product provided. All square footage's and other particulars will be verified at the job site. Scheduling and performance of work will only proceed with a Purchase Order and signed proposal from the customer in advance. By issuing a purchase order you accept the terms of this agreement in its entirety. Any alteration or deviation from the above specifications that results in an increased cost to AMCS INC. will only be executed after an adjusted, signed Purchase Order is received from the customer.
The customer agrees to provide reasonable access to an appropriate on premise knowledgeable customer representative for any issue resolution and general questions we may have. We cannot and will not guarantee our service if this is not followed. The customer agrees to provide reasonable access to the appropriate areas that service is being performed, a janitorial closet for a source of water, a loading/unloading zone, and access to free parking. If AMCS INC. staff are required to wait for access to service areas, that time will be billed at $850.00 per hour and billed in quarter-hour increments. Any customer that cancels a scheduled service visit within 72 hours of the scheduled service visit will be charged a cancellation fee of $750.00 plus cost of original proposal. Any customer that cancels a scheduled service visit within 48 hours of the scheduled service visit will be charged for the full amount of the agreement plus $1500. Any customer that cancels a scheduled service visit after a crew has been dispatched to the job location will be billed for the costs incurred to arrive at the job site plus the cancellation fee and full amount of agreement. In its sole discretion, AMCS INC. reserves the right to refuse work that is beyond the scope of its ability or for other good cause. AMCS INC. will only perform the work agreed upon when service is arranged. The client must authorize, in writing, any additional work which may be required. Annual maintenance customers are responsible for contacting AMCS INC. to schedule cleanings with at least 14 business days’ notice. Pre-payment are required for all maintenance agreements however monthly payment options are available. Under no circumstances will refunds or credits will be issued. You the client are responsible for disclosing any safety issues or hazards that may affect the health and well being of AMCS INC. staff. We value our employees and take their safety very seriously, so our policy requires that they not lift anything heavier than 35 lbs. We will endeavor to remove most accessible tiles unless specified in the scope of work. Unless otherwise indicated the proposal attached includes one site visit, any additional visit(s) will be billable. We stand behind our work - if you are not happy with the work provided, please call us within 24 hours so we can address your concerns. Each person who signs this Agreement represents and warrants that he or she has the authority and capacity to act on behalf of the party for whom he or she is signing and to bind the party and all who might claim through it to the terms of this Agreement.
CUSTOMER AGREES TO HOLD ADVANCED MISSION CRITICAL SERVICES INC. HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST ADVANCED MISSION CRITICAL SERVICES INC., ITS AGENTS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO HOLD HARMLESS ADVANCED MISSION CRITICAL SERVICES INC. or AMCS INC. AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR SERVICES PROVIDED OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ADVANCED MISSION CRITICAL SERVICES INC.; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM ADVANCED MISSION CRITICAL SERVICES INC. CUSTOMER IS RESPONSIBLE FOR DISABLING ANY SMOKE, FIRE, AND WATER DETECTION EQUIPMENT PRIOR TO AMCS INC. COMMENCING WORK. CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE CLEANING OF ANY ELECTRONIC OR INFORMATION TECHNOLOGY EQUIPMENT. AMCS INC. CANNOT BE HELD RESPONSIBLE FOR ANY DAMAGE THAT OCCURS DURING THE CLEANING PROCESS.YOU THE CUSTOMER ASSUME ANY AND ALL RISK. AMCS INC. RESERVES THE RIGHT TO CHANGE OR MODIFY TERMS AND CONDITIONS WITHOUT NOTICE. THE CUSTOMER IS ADVISED TO CHECK OUR WEBSITE OR CALL OUR OFFICE AT THE NUMBERS LISTED ABOVE FOR ANY CHANGES OR UPDATES TO THE TERMS AND CONDITIONS. BY SIGNING I DECLARE THAT I HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OUTLINES HEREIN. THE NAME ADVANCED MISSION CRITICAL SERVICES INC. IS A REGISTERED TRADEMARK. SUBJECT TO APPLICABLE LAW, PERMISSION TO USE THIS NAME IS FORBIDDEN WITHOUT FIRST OBTAINING THE PRIOR WRITTEN PERMISSION OF ADVANCED MISSION CRITICAL SERVICES INC. BY SUBMITTING A PURCHASE ORDER YOU ARE AGREEING TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT
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