1. CHARGES: Quarterly base charges shall be billed in advance (unless hardware has been purchased outright) and cost per copy charges shall be billed in arrears on a monthly basis. Applicable taxes shall be added to the charges.
2. SCOPE OF SERVICES: During the term of this agreement, Rethink Printing agrees to perform the maintenance and repair that will keep the equipment in good working order and condition including replacement of parts as determined by the hardware manufacturer’s suggested maintenance schedule. The scope of services are detailed in the contractual paperwork. Scan to email set up is specifically excluded from installation. Inclusion will incur additional charges which may include travel if set up subsequent installation.
3. SERVICE LEVEL AGREEMENTS: The Service Level Agreement requires Rethink Printing to be available during their service hours of 9:00 a.m. to 5:00p.m. Monday through Friday, excluding Bank holidays. Printer issues should be reported to Rethink Printing as detailed in the contractual paperwork.
4. COVERED EQUIPMENT: All photocopiers/printers which have been provided by Rethink Printing under this Agreement at the customer’s location.
5. ADVANCE INSPECTION: Rethink Printing reserves the right to periodically inspect all equipment covered under this Agreement to determine its mechanical condition and print count prior to and at any time during the contracted period. Equipment that is identified as requiring immediate repair will be communicated to Rethink Printing (Refer to Covered Equipment).
6. NON-COVERED SERVICES: Customer agrees Rethink Printing will not be required to make adjustments, repairs or replacements made necessary resulting from (I) unauthorized third parties performing any maintenance, repair or replacement, (ii) Customer modifying, relocating, damaging (including without limitation, unavoidable accidents), abusing or misusing the Equipment. (iii) Unauthorized Equipment alteration and tampering, or connection with non-compatible Equipment, (iv) placing the Equipment in an area that does not conform to space, electrical and environmental requirements, or (v) failure of improper electrical power, (vi) Acts of God, lightning or other incidents of excess voltage or power surges, or (vii) Customer using toner or printer parts from any other source other than the Rethink Printing or due to improper conditions of the environment such as excessive dust, chemical residues, abnormal high or low temperatures. In addition, the following are not included as maintenance service; (i) site preparation, (ii) printer set up and installation, (iii) moving units, (iv) painting and refinishing units, (v) software maintenance, firmware upgrades, systems engineering services or programming, (vi) training and education, (vii) resolution of problems external to the printer, including internet line, network connection, modem, cabling and electrical power problems and (viii) adding, changing or removing features, options, external devices , accessories or network cards and (ix) Customer not performing normal daily care and cleaning including, but not limited to, dusting equipment, replenishing toner, clearing jams, etc.
7. CUSTOMER RESPONSIBILITIES: As a condition precedent to this agreement:
i. You shall provide Rethink Printing with an accurate location for each printer placed under this agreement. You shall notify Rethink Printing in writing via email or mail should you relocate any printers from the address indicated on at the top of this agreement.
ii. You shall have proper electrical and network connections and install and use approved surge protector(s) where appropriate.
iii. Unless the hardware is owned outright, you shall insure the photocopiers/printers for their full replacement value against fire, theft and other damage or loss, with the proceeds of such insurance policies payable to Rethink Printing Ltd or the lease company if appropriate.
iv. You shall provide a Key Operator responsible for designated duties in the operator’s manual and insure that the proper supplies are being installed and/or used correctly with the photocopiers/printers.
v. You are solely responsible for security of your electronic and other data.
vi. You agree that Rethink Printing Ltd may use estimated print volume readings if it does not receive timely meter reading on any photocopiers / printers covered by this agreement.
8 LIABILITY LIMITATION: Rethink Printing‘s total liability is limited to repair and maintenance of the equipment subject to this Agreement. Rethink Printing will not be held liable to Customer or any other party for any personal injury or indirect, consequential damage, including, but not limited to, loss of use, revenue or profit. Rethink Printing will not be liable for any delay or failure to perform its obligations due to any cause beyond it’s reasonable control, including without limitation, performing services at a location deemed by Rethink Printing as hazardous to health and safety, labour difficulties, forces of nature, power failures etc. In no event shall Rethink Printing be liable for loss of data resulting in delays in supplying service, repair of, or attempts to repair the Equipment by Customer or by agents, representatives, or employees of Rethink Printing. You expressly acknowledge that the furnishing of maintenance service under this agreement does not assure uninterrupted operation and use of printers, software (or meter collection methods).
9 TAXES and FEES: Customer shall be responsible for all VAT or other taxes and fees charged relative to this agreement.
10 NOTICES: Notices required under this agreement shall be written and sent to Rethink Printing and to the Customer at the “bill to address” identified on the front side of this agreement. All notices will be effective upon date of postmark or send date.
11 CONFIDENTIALITY CLAUSE: Rethink Printing recognises that it must conduct its activities in a manner designed to protect any information concerning Customer, its affiliates or clients (such information hereinafter referred to collectively as “Customer Information”) from improper use or disclosure. Rethink Printing agrees to use their best efforts to treat Customer Information on a confidential basis. Rethink Printing agrees not to disclose any Customer Information to any person, firm or corporation except to Rethink Printing employees or holder of Owner’s interest who have a need to know such Customer Information to perform the services contemplated hereunder without Customer’s prior written consent or unless subject to court order. Customer agrees that information gathered and/or provided by Rethink Printing (such information hereinafter referred to collectively as “Rethink Printing Information”) will be protected from improper use and is not to be disclosed to parties not affiliated with customer, customers’ clients, or Rethink Printing’s competitors. Rethink Printing information given to said parties without Rethink Printing consent is subject to court order, and pursuit for damages and fees incurred in part or in full by reseller, reseller’s clients, affiliates, and partly or wholly owned subsidiaries.
12 DATA: You acknowledge that the hard drive on the equipment (if installed) may retain images, content or other data during normal operation of the equipment (“Data”) and that exposure or access to the data by Rethink Printing, if any, is purely incidental to the services performed by Rethink Printing. Neither Rethink Printing nor any of their affiliates has an obligation to erase or overwrite Data upon your return of the equipment to Rethink Printing or any leasing company.