Brooklyn Linux Solutions
1600 East 17th Street
Brooklyn NY 11230
This is an agreement between Brooklyn Linux Solutions, Inc., as legally represented by Ruben I Safir, and, Rosenzweig & Maffia LLP, hence forth known in this document as the client, and legally represented by, _____________________________________ . The client is hiring Brooklyn Linux Solutions to do work associated with computer networks and software. All work associated with the agreed tasks, which are listed in Appendix A of this document, are being paid for by terms of this agreement. All payments due to Brooklyn Linux Solutions are for work done, and not tasks accomplished, according to the rates listed with this document.
1. Payment schedule: Brooklyn Linux Solution is to be paid by the client a sum of $100 per hour per man which is brought in to accomplish assigned tasks, plus any costs of material. The number of individuals actually employed to perform assigned tasks for the client within the scope of the work for which Brooklyn Linux Solutions is being hired, is completely at the discretion of Brooklyn Linux Solutions. Both the size of the work force and composition of the individuals within the work force is at the discretion of Brooklyn Linux Solutions. Prior to agreeing to any work, the client has the right to know the number of individuals which will be used for any task agreed upon, but Brooklyn Linux Solutions reserves the right to bring in both internal employees or outside consultants as it deems necessary to complete the assigned tasks. Payment is to be made to Brooklyn Linux Solutions. Wages to employees of Brooklyn Linux Solutions is the sole responsibility of Brooklyn Linux Solutions.
2. An estimate of the cost of the work to be performed by Brooklyn Linux Solutions is attached to this document in Appendix B. The client is to pay one half of the estimate prior to the start of work by Brooklyn Linux Solutions. All work is to be paid immediately by the client on the day the work is done. As a courtesy to the client, Brooklyn Linux Solutions will extend payment of the costs of the agreed work under the following terms:
After paying the estimate prior to the start of work, the balance is to be paid 30 days after completion of the work. If the running bill for authorized tasks becomes more than 150% of the estimate, then payment of the balance must be made before further completion of the work. Further payments will then be made on a month by month basis, paid in full on the last day of every month.
As security for payment, the client agrees to leave computer equipment as described in appendix C in the legal possession of Brooklyn Linux Solutions. Legal possession of the equipment is returned to the client after satisfactory payment. Brooklyn Linux Solutions may leave the property which has been given for security at the clients for a limited duration of time while good faith effort is made in obtaining payment of the bill or for other reasons. The equipment, however remains the security deposit for the bill, and will become the permanent property of Brooklyn Linux Solutions if the bill lapses over 60 days in payment. All expenses made to legally gain payment or the security against payment will be paid by the client. In event of a dispute of charges, the security deposit is retained by Brooklyn Linux Solutions until the dispute is legally settled.
3. The client agrees to forgo its right to a jury trial in all matters of payment matters to Brooklyn Linux Solutions or liability claims against Brooklyn Linux Solutions. All legal disputes between the parties are to go through legal arbitration as codified under the State of NY, accept for matters concerning acquiring physical possession of the security deposit.
4. In matters concerning acquiring physical possession of the security deposit, the equipment so named as security shall be voluntarily handed to Brooklyn Linux Solutions on demand if payment of the bill lapses more than 60 days from the date of invoice. The presentation of a dated bill, and this contract, and a claim that the bill is past due, is agreed by both parties, to be all the evidence needed to take physical possession of the security deposit Further dispute of the bill or claims of payment can then be arbitration by the client according to terms of the rest of this contract, especially paragraph 3 above. All costs of acquiring the security deposit and legal bills in regard to disputes of the bill are the sole liability of the client. To be plainly understandable, if the client does not pay the bill in 60 days, Brooklyn Linux Solutions will present the bill and this contract and take possession of the security deposit. If the client refuses, Brooklyn Linux Sol!utions presents this contract and the bill to the court, and it is agreed by both parties that the court is to recognize Brooklyn Linux Solutions legal having a legal right to physical possession of the security deposit and is authorized to take any legal action necessary to obtain it's possession for Brooklyn Linux Solutions. After failure to pay within 90 days, the security deposit becomes the sole possession of Brooklyn Linux Solutions, and the equipments value as defined by the market value of the used equipment on that day, shall be deducted from the debt that the client owes Brooklyn Linux Solutions. Brooklyn Linux Solutions shall not be held liable in any way for the physical condition of security deposit when it takes possession of the equipment. Brooklyn Linux Solution is not liable for any loss of information which may be stored on the equipment while it is in the corporations possession.
5. All software created by Brooklyn Linux Solutions in performing it's agreed upon tasks, is licensed to the client under the terms of the General Public License of the Free Software Foundation. All other software obtained by Brooklyn Linux Solutions for the client is under the license of the copyright owner. Brooklyn Linux Solutions is in no way liable to payments for licensure of copyrighted software that the client is using, whether, Brooklyn Linux Solutions installed said software or not.
6. Brooklyn Linux Solutions makes no claims about the usability of any product in installs or warranties of any products. It is our hope that all products and services provided by us is useful for the client, and that the client can conduct it's business with any software or configurations to software that Brooklyn Linux Solutions creates. However, Brooklyn Linux Solutions does not make any guarantees to such an effect, and both parties agree that Brooklyn Linux Solutions is liable for any failures of the equipment, software or custom configurations that we create for the client. Brooklyn Linux Solutions is neither liable for direct damages or any collateral damages as might be claimed by the client. The client, by signing this document, understands this and agrees. The client agrees to forgo it's right to jury trail in all matters of liability against Brooklyn Linux Solutions. All legal matters pertaining to liability are to be addressed by arbitration and within the counties of New York or Kings to the extent that the law makes possible.
7. Any section or clause of the document found unenforceable under the law shall not invalidate any other section or clause of the document, or the document as a whole.
8. Brooklyn Linux Solutions agrees that any information about the clients business which it might discover while doing agreed tasks, is to be kept private to the client, and not be disclosed to anyone else. This includes client lists, methods of doing business unique to the client, marketing statuaries, or any other unique business practice.