TERMS, CONDITIONS, AND LICENSE FOR CONTRACT TECHNICAL SUPPORT AGENT

As an independent technical support agent for EEISI Tech Support, You agree to the following terms and conditions and certify that you have read all of the following terms and conditions.

1. Definition of Terms
1.1. The terms “Service” and “Consulting Services” refers to the EEISI Tech Support Service through online access to the EEISI Tech Support website.
1.2. The term “Provider” refers to Joseph Jared Mark, dba “EagleEye Information Systems, Inc.” (“EEISI”), who has established the EEISI Tech Support website, which serves as a location to receive Consulting Services for those companies and individuals that purchase EEISI Tech Support consulting services.
1.3. The term “Client(s)” refers to the individuals, companies, or groups who use the Provider, and who the Service is provided to by the Consultant(s).
1.4. The term “Consultant(s)” refers to you, the individual who is agreeing to these terms, who provides service and support through Provider as an independent contractor.
1.5. The term “Consulting Service” refers to EEISI Tech Support Consulting Services.
1.6. The term “Material(s)” refers to any information made available on or through the EEISI Tech Support website, Email correspondence originating from EEISI, or Consultants affiliated with EEISI during the course of doing contract work for Provider.
1.7. The terms “Ticket” and “Support Ticket” refer to service requests made by Clients via the Service’s website for help and/or support from EEISI and its Consultants.

2. License; Restrictions on Use.
2.1. You are granted a nonexclusive, nontransferable, limited license to access and use the Provider’s website to access Support Tickets submitted by Clients, and Client information. Other rights include:
2.1.1. The right to electronically display Materials retrieved from the EEISI Tech Support website.
2.1.2. The right to obtain a printout of Materials obtained from the EEISI Tech Support website.
2.1.3. The right to retrieve via downloading instructions or software segments that may be provided by EEISI Tech Support consultants.
2.1.4. The right to use any information that may be orally or electronically transmitted to Consultant by the Client.
2.1.5. The right to record any verbal communication between yourself and Provider, or yourself and Clients.
2.1.6. The right to maintain records of correspondence, contact dates, times, and the length of such, between yourself and Provider, or yourself and Clients.
2.1.7. The right to terminate the use of the Service at any time.
2.2. Except as specifically provided in section 2.1, Consultant is prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or using Materials retrieved from the EEISI Tech Support website, Email correspondence, or Clients.
2.3. Consultant acknowledges that while assisting a Client, Consultant may encounter objectionable materials on the Client’s PC. Consultant acknowledges that such material may be disturbing, disgusting, or otherwise cause Consultant distress. Consultant understands that this is often an unavoidable part of providing support to Clients, and that Provider is not liable for any damages caused by the viewing of such materials. In the event of such material being encountered, Consultant shall not make disparaging comments to the Client regarding such material.
2.3.1. Consultant acknowledges that if he observes any objectionable material that is not legal (i.e.: child pornography, etc.), Consultant is under strict obligation to report such material to the proper authorities.
2.4. All right, title, and interest (including all copyrights and other intellectual property rights) in the Consulting Services and Materials (in both print and machine-readable forms) belong to the Provider of the Consulting Services. Consultant acquires no proprietary interest in the Consulting Services, Materials, or copies thereof.
2.5. Consultant may not use the Consulting Services, or Materials retrieved from the Consulting Services in any fashion that infringes the copyrights or proprietary interests therein.
2.6. The license granted herein shall remain in force for the period of time that Consultant is providing services through the EEISI Tech Support website.
2.7. Consultant’s account is non-transferable, and may only be used by a single individual.
2.8. Consultant is responsible for keeping track of all payment received, and paying all income taxes.

3. Payment for Services.
3.1. Consultant shall be paid only for work done in the course of resolving Support Tickets that are submitted by Clients via the Provider’s website.
3.2. Consultant is entitled to sixty percent (60%) of the amount billed to the Client for Support Ticket charges, and seventy-five percent (75%) of the amount billed to the Client for Email Response charges.
3.3. Billing the Client
3.3.1. Consultant is responsible for tracking the time spent providing support to the Client.
3.3.2. Client shall ONLY begin billing for Support Tickets when Client agrees to begin working on the problem.
3.3.3. Billing is NOT to include time spent doing any of the following:
3.3.3.1. Attempting to contact the Client.
3.3.3.2. Giving instruction for setting up a utility or tool that is to be used for remote desktop sharing, or any other utility, tool, or software package that is to be used to enable the Consultant to more effectively help the Client resolve their problem.
3.3.3.2.1. Excluded from this restriction are utilities, tools, or software packages that the Client can use after the Consultant is finished helping the Client. Examples include anti-virus software, spyware removal software, or PC maintenance software (registry repair, etc). These pieces of software, having been installed, act as a service provided by the Consultant, and are thus billable.
3.3.3.2.2. Examples of software that is not to be billed for the time it takes to set up: Remote desktop sharing software such as “LogMeIn” (www.logmein.com), “GoToMyPC” (www.gotomypc.com), “VNC” (www.realvnc.com), etc. Communications software that allows easier (or free) long distance voice communication between the Client and Consultant, such as Ventrilo (www.ventrilo.com), Skype (www.skype.com), etc.
3.3.3.3. Time spent typing notes for a call.
3.3.4. Billing is to start when the Client is ready to begin work on the problem, after any helper software has been installed, and is to end when work concludes.
3.3.4.1. Conclusion of work constitutes either the problem being fixed, significantly improved, or the Client stating they no longer want to continue.
3.3.4.2. If the Client refuses to fund their account to continue service, the Consultant shall inform the Client that they WILL be billed for the time spent thus far, even if the problem has not been fixed, resolved, or significantly improved.
3.4. Getting Paid
3.4.1. Consultant is required to accept payment via PayPal (www.paypal.com) and maintain a valid PayPal account email address in their account records. Consultant will ONLY be paid via PayPal.
3.4.2. Consultant’s account maintains a record of the following:
3.4.2.1. Total paid to them to date.
3.4.2.2. Current payments they are due.
3.4.2.3. Current outstanding amount due for tickets that are not yet closed, or have not been signed off by a Client.
3.4.3. Consultant may, at any time, submit a request to Provider to be paid their current payments they are due (3.4.2.2).
3.4.4. There is a minimum of $10 that may be requested by the Consultant.
3.4.5. Should the Consultant’s balance be less than $10 and greater than $0 and the Consultant wishes to terminate their work for Provider, the Consultant must state that to get the remainder of their balance, at which point the full amount will be sent, and the Consultant’s account will be suspended.
3.4.6. Consultant will allow up to 7 days for their request for funds to be processed. Provider, however, will make every effort to process payment requests within 24 hours.
3.5. Consultant acknowledges that there may be times when payment for service rendered may not be given due to a dispute of the charges by the Client. In these cases, Provider will make every effort to ensure that at least a portion of the amount billed is paid by the Client. However, in any case where a Support Ticket is not billed, in whole or in part, for any reason, Consultant understands, acknowledges, and agrees that they are not entitled to payment for their services for that Support Ticket.

4. Consultant’s Terms of Use
4.1. Consultant understands that they are not employed by Provider in any way, and that their services are being provided on an as-needed basis.
4.2. Consultant understands that there is no guarantee of work that is to be performed, nor guarantee of any specific amount of income to be made.
4.3. Consultant understands that their relationship with Provider may be terminated at any time, for any reason, by either party, without notice.
4.4. Consultant understands that they shall communicate with the Client in a professional manner at all times, and that failure to do so may result in termination of the relationship between themselves and Provider, and forfeiture of payment they are due.
4.4.1. For this reason, it is highly recommended that the Consultant maintain records, and recordings, of all communications they have with Clients.
4.5. Consultant agrees to only accept Support Tickets that fall within their technical capabilities. Consultant further understands that excessive complaints of inability to fix Client problems sufficiently, which results in refunds being given, may result in the termination of the Consultant’s relationship with Provider, and forfeiture of payment they are due.
4.6. Consultant understands that hoarding of Support Tickets is detrimental to Provider’s business, and agrees to only take on as many tickets as they can handle within a 24 hour time period. Should the Consultant find they are unable to handle a Support Ticket they have claimed, they will immediately release the ticket to allow another Consultant to handle it.
4.6.1. Consultant understands that should they be found to be hoarding tickets, and as a result of this, causing harm to the ability for Provider and other Consultants to provide adequate service to Clients, they may have their relationship with Provider terminated, and may forfeit any payment they are due.

5. Miscellaneous.
5.1. These terms and conditions, including the additional terms, may be changed from time to time by written notice posted on the EEISI Tech Support website.
5.1.1. Charges and payment terms may be changed at any time.
5.1.2. Consultant will be notified of changes to this agreement via Email, and via a link to this agreement in its entirety on the Provider’s website. It is the responsibility of the Consultant to ensure that such email notifications are able to be received. This means (but is not limited to) the Consultant’s responsibility to ensure emails from the EEISI website are not blocked by spam filters, and the Consultant’s account has a valid Email address.
5.2. Your Consultant status may be terminated immediately upon notice to the Provider if any change is unacceptable. Continued acceptance of Support Tickets, and payment for services, following any change constitutes acceptance of the change.
5.3. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the EEISI Tech Support website by the Provider. Notices shall be deemed to have been properly given on the date they are emailed or displayed on the EEISI Tech Support website.
5.4. The failure of the Provider of the Consulting Services to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
5.5. The subscribing organization or individual may not assign its rights or delegate its duties under this contract to access the Consulting Services without the prior written consent of the Provider.
5.6. These general terms and conditions and the additional terms shall be governed by and construed in accordance with the laws of the state of Nebraska, USA.
5.7. Any legal actions necessary to enforce the terms herein, the prevailing party shall be entitled to reasonable attorney’s fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire agreement.
5.8. If any part of this agreement is adjudged by a court of competent jurisdiction to be invalid, that judgment shall not affect or nullify the remainder of this agreement, and the affect shall be confined to the part immediately involved in the controversy adjudged.
5.9. Consultant acknowledges and agrees that this agreement is the complete and exclusive statement of the mutual understanding of the parties and that it supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this agreement. By checking below the Consultant accepts the terms of this agreement in its entirety.