Services terms below include:
Services will be invoiced upon order execution. Services payment is required upfront within Net Terms. Pre-paid services are not dependent on delivery or completion. Services expire 12 months from the date of purchase. All fees are nonrefundable.
For onsite services, consultant(s) expenses are invoiced following the visit. Customer is responsible for any costs associated with changes in travel arrangements made at the customer’s request.
Completion Criteria: Services will end when one of the following first occurs: 1) We complete the project, or 2) We complete the number of hours, or Services expire, or 3) Either of us terminates the project stated with written notice to the other party.
If further assistance is required for services outside of these terms, Fortra will provide another contract for said services.
Scheduled remote working sessions must be scheduled in continuous blocks of time with a minimum of 1-hour blocks for on-demand service requests and 2-hour blocks for implementation and migration services.
The Services shall be performed in accordance with a mutually agreeable schedule. Fortra shall perform the Services during Fortra’s normal business hours 8:30am and 5:00pm Monday through Friday at the location of the consultant, excluding holidays, unless otherwise agreed in writing.
If, during the engagement, by mutual agreement the description of the Services and/or the cost estimate changes, a written change order must be prepared and signed by you and Fortra.
If the Services include Fortra installing or updating software on Customers systems, Customer acknowledges that Fortra will not be responsible for any damage to, or disruption of Customers systems or other software. The cumulative liability of Fortra for all claims relating to or from Services will not exceed the total fees paid to Fortra by you.
Any modifications to Fortra products and/or any custom software developed by Fortra for (the “Customized Code”) are delivered on an “AS IS” basis without warranty or representation of any kind. Customized Code is not supported by Fortra and is not subject to any maintenance or support plan covering the underlying Fortra products.
The deliverables are delivered to you on an “AS IS” basis without warranty or representation of any kind. Fortra herby disclaims all representations and warranties, express or implied, oral, or written, in fact, arising by operation of law or otherwise, except as expressly stated in this quote and designated as representations or warranties, including without limitation all warranties of merchantability or fitness for a particular purpose. The entire right, title, and interest in and to the Work and the Other Intellectual Property, including without limitation, all copyrights, patent rights, trade secrets and all other worldwide intellectual property rights therein, shall be and remain with Fortra. Any Services work created or developed by Fortra for this engagement are licensed to Customer as part of the underlying Fortra software and are subject to the terms and conditions of the existing license between Fortra and you.
We do our best to accommodate schedule changes, however we require a minimum of 2 business days’ notice for scheduled remote working sessions that are less than 8 hours, 5 business days’ notice for full-day engagements and 10 business days’ notice for changes to scheduled onsite visits. If a cancellation is made within these windows or in the event of a no-show, we reserve the right to charge for the scheduled session/visit.
Services may be terminated by you or Fortra with thirty (30) days written notice if the other party breaches the Services terms unless the breaching party cures the breach within the thirty-day period. Fortra may stop work and terminate Services immediately upon written notice if you fail to make any payment when due to Fortra.
Customer will not solicit or offer employment to any Fortra employee who performs Services under this engagement during the term of this engagement and for a period of six (6) months thereafter. If Customer employs or engages as a consultant an individual who has been assigned by Fortra as a resource for a Services engagement, then Customer shall pay to Fortra a fee of $150,000, as liquidated damages and not as a penalty.
The Quote is subject to the terms and conditions of any previously existing written agreement between the parties.