REMOTE SUPPORT
SERVICES: Vitalix Solutions LLC will attempt problem diagnosis and a solution over the telephone for an applicable fee. In certain cases, however, problem diagnosis and support may not be completed because of a problem with the computer configuration or network accessibility that is beyond our control.
USER RESPONSIBILITY: Client understands and agrees that prior to contacting or allowing Vitalix Solutions LLC to perform diagnostic repair on your computer, it is the customer’s responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that Vitalix Solutions LLC shall not be responsible under any circumstance for any loss or corruption of data and/or software.

ON-SITE SERVICE
SCHEDULING: Standard service hours are Monday-Sunday, 8 AM – 11 PM Additional charges may apply for rapid response services or service outside of standard installation hours.
SERVICE JURISDICTION: Vitalix Solutions LLC sets the Service Jurisdiction centrally at zip code 08004 Atco, NJ. If a location lies beyond Vitalix Solutions LLC's standard Service Jurisdiction, additional trip charges may apply. To determine if your location is within the Vitalix Solutions LLC standard Service Jurisdiction, please inquire at (856) 466-2159 for information pertaining to standard Service Jurisdictions and applicable trip charges.
ADDITIONAL SERVICES:
This service is only available to customers who have already purchased one on-site service and are purchasing this as a second service. Approved services must be one of the following: software installation, software service, memory installation, sound/video card installation, network card installation, modem installation, CD/DVD device installation (internal or external), wired and wireless networking, security integration, and disaster recovery planning and/or implementation.
AN ADULT MUST BE PRESENT AT RESIDENCES: For on-site services, a person of at least 18 years of age must be present during the entire time period services are provided. IF THE VITALIX SOLUTIONS LLC REPRESENTATIVE ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES MAY BE DENIED AND A $99 CANCELLATION CHARGE MAY BE ASSESSED.
BACKUP YOUR SOFTWARE AND DATA: IT IS THE CUSTOMER’S  RESPONSIBILITY TO BACK UP ALL SOFTWARE AND DATA THAT IS STORED ON YOUR COMPUTER'S HARD DISK DRIVE(S) AND/OR ON ANY OTHER STORAGE DEVICES YOU MAY HAVE PRIOR TO THE ARRIVAL OF THE VITALIX SOLUTIONS LLC REPRESENTATIVE TO YOUR HOME OR BUSINESS. VITALIX SOLUTIONS LLC AND/OR ITS THIRD PARTY SERVICE PROVIDER SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY SOFTWARE, DATA OR FILES.
ACCESS: The Vitalix Solutions LLC Representative must receive full access to the computer(s) and/or peripheral(s) to be serviced, access to your residence, your consent and cooperation to enter your residence or business, and a safe working environment, working space and electrical power. IF THE VITALIX SOLUTIONS LLC REPRESENTATIVE ARRIVES AT THE SCHEDULED SERVICE TIME AND DETERMINES THAT HE/SHE DOES NOT REASONABLY HAVE THE ACCESS, COOPERATION, OR SAFE WORKING AREA DESCRIBED IN THE PREVIOUS SENTENCE, THEN SERVICES MAY BE DENIED AND A $99 CANCELLATION CHARGE MAY BE ASSESSED.

TERMS APPLICABLE FOR SUPPORT AND ON-SITE SERVICES:
LIMITATIONS TO SERVICE: VITALIX SOLUTIONS LLC AND/OR ITS THIRD PARTY SERVICE PROVIDER RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL SERVICES ORDERED AND INSTEAD REFUND THE CUSTOMER'S PAYMENT, WHOLLY OR IN PART, ON THE BASIS THAT THE MINIMUM SYSTEM REQUIREMENTS ARE NOT MET OR THE TECHNICAL NEEDS (INCLUDING WIRING OR OVERCOMING PHYSICAL OR TECHNICAL BARRIERS) OR OTHER REQUIREMENTS OF THE CUSTOMER ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE OF THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY VITALIX SOLUTIONS LLC AND/OR ITS THIRD PARTY SERVICE PROVIDER.
FORCE MAJEURE: If Vitalix Solutions LLC's and/or its third party service provider's ability to render services is impaired by you or circumstances beyond the control of Vitalix Solutions LLC and/or its third party service provider, Vitalix Solutions LLC and/or its third party service provider may choose not to provide services.
LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL VITALIX SOLUTIONS LLC AND/OR ITS THIRD PARTY SERVICE PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES COSTS, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF, OR RELATED TO, THE SERVICES PROVIDED BY VITALIX SOLUTIONS LLC AND/OR ITS THIRD PARTY SERVICE PROVIDER OR OUT OF THE INSTALLATION, DEINSTALLATION, USE OF, OR INABILITY TO USE YOUR COMPUTER EQUIPMENT, HARDWARE, PERIPHERALS, OR THE NETWORK RESULTING FROM THE SERVICES PROVIDED HEREUNDER.
RELEASE OF LIABILITY: BY PERMITTING VITALIX SOLUTIONS LLC AND/OR ITS AGENTS TO PERFORM ANY SERVICE FOR THE CLIENT, YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS , VITALIX SOLUTIONS LLC AND/OR ITS THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU ROR THE OWNER OR LESSEE MAY SUFFER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF ANY DATA AND THE NON-FUNCTIONING OF ANY COMPONENT OR ELEMENT OF YOUR COMPUTER EQUIPMENT OR PERIPHERALS RESULTING FROM VITALIX SOLUTIONS LLC AND/OR ITS THIRD PARTY SERVICE PROVIDER'S REPRESENTATIVES, PARTNERS AND/OR THIRD PARTY SERVICE PROVIDERS, REGARDLESS OF THE WARRANTIES, DISCLAIMERS AND WAIVERS PARTICULAR SERVICE AND SHALL CONSTITUTE LIQUIDATED DAMAGES AND ARE A REASONABLE ESTIMATE OF DAMAGES TO YOU. Contractor's total liability to Client under this Agreement for damages, costs and expenses shall not exceed the compensation received by Contractor under this Agreement. However, Contractor shall remain liable for bodily injury or personal property damage resulting from grossly negligent or willful actions of Contractor, or Contractor's employees or agents, while on Client's premises to the extent such actions or omissions were not caused by Client. NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE FOR THE OTHER'S LOST PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN ADVISED BY THE OTHER PARTY OF THE POSSIBILITY OF SUCH DAMAGES.

CHANGES, CANCELLATIONS, AND REFUNDS
SUPPORT ALTERATION: To change your order you must contact Vitalix Solutions LLC Guidance Engineers at (856) 466-2159. You may cancel your order if you give Vitalix Solutions LLC at least 2 hours notice prior to the scheduled performance of services. Cancellations must be completed by calling (856) 466-2159. The payment amount will be fully refunded in the manner the purchase was paid.

WARRANTY: If you are not satisfied with your service: Please call (856) 466-2159  for resolution. We stand behind our Remote Support and On-site Service for 30 days. If there is a problem with the service we provided and you notify us within the stated time period, we will work to remedy your problem quickly and at no additional cost.

INDEPENDENT CONTRACTOR STATUS
The parties intend Contractor to be an independent contractor in the performance of the services. Contractor and Client agree to the following rights consistent with an independent contractor relationship: Contractor will have the right to control and determine the methods and means of performing the contractual services. Contractor has the right to perform services for others during the term of this Agreement. Contractor has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. Client shall not require Contractor or Contractor's employees or subcontractors to devote full time to performing the services required by this Agreement. Neither Contractor nor Contractor's employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay or other fringe benefit plan of Client.

STATE AND FEDERAL TAXES
Client will not (a) withhold Social Security and Medicare taxes from Contractor's payments or make such tax payments on Contractor's behalf, or (b) withhold state or federal income tax from Contractor's payments or make state or federal unemployment contributions on Contractor's behalf. Contractor will pay all applicable taxes related to the performance of services under this contract. This includes income, Social Security, Medicare and self-employment taxes. Contractor will also pay any unemployment contributions related to the performance of services under this contract. If Contractor is required to pay any federal, state or local sales, use, property, or value added taxes based on the services provided under this Agreement, the taxes shall be separately billed to Client. Client shall be responsible for paying any interest or penalties incurred due to late payment or nonpayment of any taxes by Client.

DISPUTES:
If a dispute arises, the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers' fees, will be allocated by the arbitrator.

ENTIRE AGREEMENT
This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings.

SUCCESSORS AND ASSIGNEES
This agreement binds and benefits the heirs, successors and assignees of the parties.

NOTICES
All notices must be in writing. A notice may be delivered to a party at the address that follows a party's signature or to a new address that a party designates in writing. A notice may be delivered:  in person, by certified mail, or by overnight courier.

GOVERNING LAW
This agreement will be governed by and construed in accordance with the laws of the state of New Jersey.

COUNTERPARTS
This agreement may be signed by the parties in different counterparts and the signature pages combined will create a document binding on all parties.

MODIFICATION
This agreement may be modified only in a writing signed by all the parties.

WAIVER
If one party waives any term or provision of this agreement at any time, that waiver will be effective only for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time.

SEVERABILITY
If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and such provision shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.

E-mail: info@vitalixsolutions.com