Upon the conclusion of the initial Term, either Party may terminate this Agreement for any reason, or for no reason, upon sixty days written notice to the other Party before the end of the Term. Customer will pay Company the then applicable fees described in the Order Form for the Services in accordance with the terms therein (the “Fees”). If Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees , Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then current renewal term, upon thirty days prior notice to Customer .
Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection. In addition to any other remedies available, DCKAP may suspend Services in the event of payment delinquency. Customer acknowledges and agrees that DCKAP does not provide refunds on Services that have been initiated. DCKAP’s business model calls for DCKAP to provide the Services upon initiation and full or partial refunds are not possible based on the amount of work done. For the avoidance of doubt, Software and the Services, including all user-visible aspects of the Services, are the Confidential Information of DCKAP, and Customer will comply with Section 4 with respect thereto. When your company is handling multiple software service agreements, you need to be cautious about the legal responsibilities if they are tampered with by any chance.
Except as expressly set forth in this Agreement, no rights in any of Our Technology are granted to Customer. Further, Customer acknowledges that the Services are offered as an on-line, hosted solution, and that Customer has no right to obtain a copy of any of the Services. Customer will be responsible for any use of any account that Customer has access to, whether or not Customer has authorized the particular use or user, regardless of Customer’s knowledge of such use, securing its BOSS account, passwords, and files. And ensuring all users comply with any conditions and terms set forth in this Agreement, incorporated herein, or other agreements entered into between the Parties. BOSS is not responsible for any losses, damages, costs, expenses or claims that result from stolen or lost passwords or misuse. Customer shall be liable for any damages that stem from such misuse of Boss Platform or account information, if such misuse is due to negligence on the part of Customer.
This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement. This template includes the necessary clauses and terms to ensure that the contract is a legally binding agreement and sets out the terms and conditions under which the company will provide their services and defines the typical commercial terms such as payment, term and termination as well as the assignment of IP. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, whether arising in contract, tort or otherwise, (“Dispute”), the parties shall first use their best efforts to resolve the Dispute.
Types Of Agreements Saas Companies Need
Customer is responsible for paying all Taxes, and all Taxes are excluded from any fees set forth in the applicable Order Form or SOW. If Customer is required by Law to withhold any Taxes from Customer’s payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, we receive and retain an amount equal to the amount it would have received had no such withholdings been made. Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.
The caregiver or Kitty in NY are not responsible for performing any medical procedures if not specifically agreed upon in written form and does not take the animal to, or request any medical assistance for the animal without the explicit permission of the owner or the appointed emergency contact. If medical treatments (e.g. administering vaccinations, injections, pills and other medications) are agreed upon, they will be performed to the best knowledge and skills of the caregiver and it is acknowledged that the caregiver is not a trained veterinarian or nurse. The owner grants permission to use the pet’s pictures taken of the animal during the service on social media as long as no names or personal details are shown.
Platform Access And Authorized User
Both parties further understand that Kitty in NY Inc. puts the owner and the caregiver in touch and shall not be responsible for any loss, injury, damage or delay arising after this contract. It should be noted that during the caregiver’s visits , Kitty in NY Inc. shall not be responsible for any damage, or incidents that occurred during the caregiver’s stay in platform as a service the premises. Kitty in NY Inc. will refund the fee to the owner if the service should be canceled by the caregiver or if the owner decides the assigned caregiver doesn’t meet the client’s expectations and no other caregiver can be found to meet the owner’s requirements. Your company is unique and your legal needs vary greatly from those of other companies.
Meet Some Of Our Master Service Agreement Lawyers
Use of and access to the Services is permitted only by Permitted Users. If Customer is given passwords to access the Services on our systems, Customer will require that all Permitted Users keep the user ID and password information strictly confidential and not share such information with any unauthorized person. Customer will be responsible for any and all actions taken using Customer’s accounts and passwords. If any Permitted User who has access to a user ID is no longer an employee of Customer, then Customer will immediately delete such user ID and otherwise terminate such Permitted User’s access to the Service.
Since this is a senior employment contract, it contains a significant amount of provisions for restrictive covenants, such as non-solicitation and non-compete clauses. There is also provision to make reference to an incentive scheme such as an EMI option scheme, however it is recommended to keep this in a separate agreement, in order to avoid a binding promise and avoid variations to the incentive scheme resulting in variations to the terms of employment. Apart from that this is a fairly simple agreement that is easy to use and repeat for many employees.
What Is Included In A Saas Agreement?
- Nothing in this Agreement prevents us from disclosing Customer Data to the extent required by law, subpoenas, or court orders, but we will use commercially reasonable efforts to notify Customer where permitted to do so.
- In addition to any other remedies available, DCKAP may suspend Services in the event of payment delinquency.
- We expressly disclaim all other obligations with respect to storage.
- That way, corporations don’t waste too much time and money in negotiations.
- The most common areas you’ll see MSAs are in marketing and finance or human resources, as one party or company is provided support that’s open-ended to another one.
- The foregoing limitations and disclaimers shall not apply to the extent prohibited by applicable law.
All aspects of the arbitration shall be treated as confidential and neither the parties nor the arbitrators may disclose the content or results of the arbitration, except as necessary to comply with legal or regulatory requirements. The result of the arbitration shall be binding on the parties and judgment on the arbitrator’s award may be entered in any court having jurisdiction. The arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
Saas Pilot Agreement Taylor Vinters
All notices, consents and other communications between the parties under a Statement of Services will be sent to the recipient’s address specified thereon. All communications will be deemed to have been received on the date actually received. Either party may change its address for notices by giving written notice of the new address to the other party in accordance with this Section. ”), unless written notice of non-renewal is received by the other party at least sixty days, but not less than thirty days, prior to the expiration of the then current term. If DCKAP has to provide information in response to a subpoena related to Customer’s account, then DCKAP may charge Customer for DCKAP’s costs. Such charges may include fees for attorney and employee time spent retrieving records, preparing documents and participating in depositions or other legal process as well as other costs incurred in complying with such legal processes.
Provided this Agreement was not terminated for Customer’s breach, Customer may retain and use internally copies of all reports exported from any Service prior to termination. Customer acknowledges that following termination it will have no further access to any Customer Data input into any Service, and that we may delete any such data as may have been stored by us at any time. Except where an exclusive remedy is specified, the exercise of either party of any remedy under this Agreement, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law or otherwise. Each applicable Order Form shall specify and further describe the Subscription Services to be provided in accordance with the representations and warranties set forth herein, and shall identify, each applicable Platform, user limitations, fees, subscription term and other applicable terms and conditions. If Customer engages BOSS for use of the BOSS Platforms and there is no overriding Order Form, exhibit A will serve as the Order Form.
In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty days’ notice , if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided. To the extent Customer has terminated this Agreement pursuant to this Section 5.2 due to material breach by the Company which cannot be cured within fifteen business days, Company shall refund any prepaid and unused fees. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, indemnity, and limitations of liability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
Post a projectin ContractsCounsel’s marketplace to receive flat fee bids from lawyers for your project. All lawyers have been vetted by our team and peer-reviewed by our customers for you to explore before hiring. A Master Service Agreement is often confused with a Service Level Agreement. This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior contracts between the Parties and is intended as a final expression of their Agreement.
Is A Saas Agreement Different From A Licensing Agreement?
Nothing on this website is legal advice and no attorney-client relationship is formed by purchasing or viewing a contract template. If you have a specific problem and need legal advice, contract a licensed attorney. Since an agreement is in place, an MSA still protects both parties. Since checking the document is easy, the two businesses are less likely to sue.
Subject to the terms and conditions of this Agreement, during the Term, DCKAP shall use commercially reasonable efforts to provide Customer and Authorized Users access to each Platform, and Customer the Professional Services. Subject to the terms and conditions of this Agreement, during the Term, DCKAP hereby grants Customer and Authorized Users a non-exclusive, non-sublicensable, non transferable, worldwide license to access and use each Platform, solely for internal business purposes as set forth herein. A master service agreement is specially signed in business transactions where the statement delivers work services. Either party to the agreement may terminate the agreement upon written notice and this section details the status quo post-termination.
Written By An Attorney
Upon the effective date of termination of this Agreement for any reason, Customer and its Authorized Users’ access to the Services shall terminate and Customer shall cease accessing and using the Services immediately. Within thirty days of termination, Customer will purge the Services and any Sentieo materials from its infrastructure, return all materials provided in connection with the Services, and provide written notification that the Services have been purged. Sections 4, 11, 14, 16, 17, 18, 20, and 21, of this Agreement shall survive termination for any reason.
For the avoidance of doubt, Software and the Services, including all user-visible aspects of the Services, are the Confidential Information of BOSS, and Customer will comply with all restrictions and terms of this Section 4 with respect thereto. This Agreement, together with Statement of Services entered into hereunder and all exhibits, annexes and addenda hereto and thereto is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All waivers must be in a writing signed by both parties, except as otherwise provided herein.
A Statement of Work is usually a document that accompanies yet another document, often referred to as a Master Services Agreement .The MSA is usually the governing document for the entire relationship, while the SOW usually deals with the specifics of a single project or scope of work. “This was an easy way to find an attorney to help me with a contract quickly. It was easy to work with Contracts Counsel to submit a bid and compare the lawyers on their experience and cost. I ended up finding someone who was a great fit for what I needed.” Securely pay to start working with the lawyer you select. This will list out any clauses on termination or suspension.