Bare Metal Service Agreement
The services provided by TA Computer Solutions . (“TA Bare Metal Backup”) for the Customer will be conducted under the following terms and conditions.

1. BACKUP SERVICE: TA Computer Solutions agrees to offer to provide an initial full backup of the subscribers computer(s) DATA FILES , AND  PROGRAM FILES, and then provide partial (incremental, differential) backups of the clients DATA FILES , AND PROGRAM FILES, when initiated by the Customer. TA Computer Solutions will store these data files for the Customer for at least one (1) year.

2. The TERMS OF THIS SERVICE AGREEMENT is one year from the date of signing. This agreement shall be automatically renewable for additional 12 month periods to commence upon the date of expiration of the initial agreement, unless either party shall notify the other in writing of the intent to cancel within 30 days of the ending contract date.

3. LIMITATION OF WARRANTY LIABILITY: TA Computer Solutions warrants and represents that the equipment used to store the data will be free from defects in material and workmanship for a period of 90 days after installation.  The obligation of TA Computer Solutions under warranty is limited to the repair or replacement, at TA Computer Solutions option, of a non-conforming product, part or component thereof, except consumable accessories, within a reasonable time after notification. The Customers remedies are limited to TA Computer Solutions obligations stated herein, subject to the “Exclusive Remedy” set forth in paragraph 4 herein. This warranty extends only to the Customer. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS. TA Computer Solutions has not made and makes no guarantee or warranty, including implied warranty or merchantability or fitness, that the services supplied will avert, avoid or prevent the loss of data or information or the consequences there from, which the service is designed to provide. Customer understands that the data is encrypted or otherwise unusable by TA Computer Solutions, and agrees to hold TA Computer Solutions harmless for any loss or harm to the condition of such data and releases TA Computer Solutions of all liability for any claim for loss or damages to the data caused by efforts of TA Computer Solutions to retrieve data, or otherwise. Customer represents that it is in lawful possession of all data made available to TA Computer Solutions, and that possession of such property is not forbidden by any local, state or federal law. It is mutually understood and agreed that in executing this agreement, Customer is not relying on any advice or advertisement of TA Computer Solutions. Customer agrees that any representation, promise, condition, inducement or warranty, express or implied, including those of merchantability and fitness, not including in writing this agreement shall not be binding upon any “party”. The Customer assumes all risk for loss or damage to the Customer’s equipment and data files except as specified herein.

4. EXCLUSIVE REMEDY: Because of the nature of the services rendered and the system as a whole, it is impractical and extremely difficult to fix the actual damages, if any, which may result from failure on the part of TA Computer Solutions to perform its responsibilities under this contract. Customers does not desire this contract to provide full liability for loss, damage or injury due directly or indirectly to occurrences, consequences there from, which the service or system is designed to deter or avert. In the event TA Computer Solutions should be found liable for loss, damage or injury due to a failure of the equipment or services provided under this agreement or the equipment in any respect, its liability shall be limited to 0.00 as the agreed upon liquidated damages and not as a penalty. Such liquidated damages is the exclusive remedy for any failure of services or equipment, and the provisions of this paragraph shall apply if loss, damage or injury, irrespective of cause or origin, results directly or indirectly to a person or property from the performance or nonperformance of any obligation of TA Computer Solutions from negligence, active or otherwise, TA Computer Solutions, its agents or employees. It is intended and expressly agreed that the purpose of the preceding provisions are to set an upper limit to the amount recoverable by Customer and to fix liability of TA Computer Solutions at a specific sum of 0.00. If Customer desires additional liability coverage, it shall be his/her responsibility to secure it from an insurance carrier or other agency of his choice, at his/her own expense. In the unlikely event that a dispute arises between Customer and TA Computer Solutions, RELATED IN ANY WAY TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

5. INCREASE IN SERVICE FEES: Notwithstanding the terms and conditions set forth herein, after the expiration of the initial term of this agreement, TA Computer Solutions may, at any time, increase the fees and charges upon giving the Customer notice in writing. In event Customer shall be unwilling to pay the increased monthly charges, the Customer may terminate this agreement upon giving notice in writing to TA Computer Solutions. Failure to notify TA Computer Solutions will constitute Customer consent to the increase and all other terms and conditions of the agreement shall remain in full force and effect. ANY OVERAGES by the customer will automatically default the customer to an additional Gigabyte of storage space at an additional rate of .99 per Gigabyte a month to the contract rate in this agreement.

6. COMMUNICATION CIRCUITS: Customer is responsible for the cost and maintenance of all telephone or other communication circuits required for dutiful transmission and system access. All data files are transmitted over communication company circuits, which are wholly beyond the control and jurisdiction of TA Computer Solutions and are maintained by the Communications Company. If these communication circuits are not functional for any reason, the data files may not accurately or completely reach TA Computer Solutions facility  or equipment. TA Computer Solutions cannot be responsible for the continued operations or neither functioning of these communication circuits nor the reliability of the data files being received over them.

7. DEFAULT AND TERMINATION: This agreement may be terminated by either party for breach of contract of the other party, provided written notice of such breach is given and such breach is not cured within thirty (30) days of receipt of such notice. Upon the curing of such breach of contract, the party claiming such breach shall give written notice that the breach has been cured and the agreement continues in full force and duration. This agreement may also be terminated upon notice of TA Computer Solutions, in the event, TA Computer Solutions’s computer equipment, communication circuits, or other equipment are destroyed by fire, other catastrophe, or by any other means or is so substantially damaged that it is impractical to continue the service to the Customer. This agreement may also be suspended upon written notice of the Customer that the system of the Customer has been destroyed or damaged by fire or other catastrophe and that the system must be replaced or repaired. The agreement shall resume upon repair or replacement of the Customer system.

8. WARRANTY OF SUBSCRIBER: The individual signed this Agreement for the Customer warrants that he/she has the authority to sign this agreement and permit the installation of systems described herein, as well as the authority to contract for the services provided herein. Customer understands that TA Computer Solutions may print Customer’s Company Name in TA Computer Solutions marketing materials or website as a previous client while not disclosing any details related to work done in this agreement.

9. COMPLETE AGREEMENT: This document, with specified addenda, is a complete agreement. Any representation, promise, condition, inducement or warranty, express or implied, verbal or written, unless expressed in writing in this Agreement or any Addendum thereto, shall not bind either party and the terms and conditions hereof apply as printed without alteration or qualification except as specifically endorsed thereon in writing. A judicial determination nullifying any clause or condition herein shall not be deemed to nullify the balance of the is Agreement, which shall remain in full force and effect.

10. ENCRYPTION KEY: It is the FULL responsibility of Customer to write down the encryption key presented in the installation of service. TA Computer Solutions will not be held responsible of loss of encryption key and does NOT maintain client keys. Customer understands that without the encryption key, the encrypted stored data cannot be retrieved and shall not hold TA Computer Solutions responsible in any way for any losses of any kind whatsoever.
Accept Agreement *

 

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