Privacy Policy for Appvalar Technologies
Last Updated: 16 November 2023
Thank you for choosing Appvalar Technologies for your web hosting, ERP solutions, mobile application and website development, and corporate training needs. We are committed to protecting your privacy and handling your personal information responsibly. This Privacy Policy outlines how we collect, use, disclose, and protect your information.
1. Information We Collect
1.1 Personal Information
We may collect the following types of personal information:
– Web Hosting: Account information, billing details, and contact information.
– ERP Solutions: Employee data, business processes information, and configuration settings.
– Mobile Application and Website Development: Contact information, project requirements, and user data if applicable.
– Corporate Training: Participant names, contact details, and training performance metrics.
1.2 Non-Personal Information
– Web Hosting: Server logs, IP addresses, and browser type.
– ERP Solutions: System usage data, error logs, and performance metrics.
– Mobile Application and Website Development: Usage analytics, crash reports, and device information.
– Corporate Training: Aggregated training performance data.
2. How We Collect Information
We collect information through various methods, including:
– Directly from you when you sign up for our services or engage in training programs.
– Automatically through the use of cookies and similar technologies.
– From third-party sources, such as integrated third-party services or publicly available information.
3. How We Use Your Information
We use your information for the following purposes:
– To provide and maintain our web hosting, ERP solutions, mobile application, website development, and corporate training services.
– To communicate with you about your account and services.
– To improve our products and services.
– For marketing and promotional purposes with your consent.
– To comply with legal obligations.
4. How We Share Your Information
We may share your information with:
– Third-party service providers who assist in delivering our services.
– Business partners and affiliates.
– Legal authorities when required by law.
5. Your Choices
You can:
– Update your account information.
– Opt-out of marketing communications.
– Manage cookie preferences in your browser.
6. Security
We implement security measures to protect your information from unauthorized access, disclosure, alteration, and destruction.
7. Changes to this Privacy Policy
We may update this Privacy Policy periodically. We will notify you of any changes by posting the updated policy on our website.
8. Contact Us
If you have any questions or concerns about this Privacy Policy, please contact us at [admin@appvala.com].
Terms and Conditions for Appvalar Technologies
Last Updated: 16 November 2023
These Terms and Conditions (“Terms”) govern your use of the products and services provided by Appvalar Technologies (“we,” “us,” or “our”). By accessing or using our web hosting, ERP solutions, mobile application and website development, or corporate training services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1. General Terms
1.1 Acceptance of Terms
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1.2 Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after the posting of any changes constitutes your acceptance of those changes.
2. Services
2.1 Web Hosting
2.1.1 Services
Our web hosting services encompass the provision of server space, bandwidth, and related infrastructure for hosting websites and web applications. We commit to providing reliable hosting services with an uptime guarantee of 99.9%.
2.1.2 Features
- Server Resources: You will be allocated server resources based on the selected hosting plan.
- Domain Registration: Some plans may include domain registration services.
- Technical Support: We offer technical support to address hosting-related issues.
2.1.3 Limitations
- Acceptable Use Policy: Users must adhere to our Acceptable Use Policy, prohibiting illegal activities, resource abuse, and any actions that may compromise server security.
- Resource Limitations: Excessive use of server resources affecting performance may result in action, such as resource throttling or suspension.
2.2 ERP Solutions
2.2.1 Services
Our ERP solutions involve the implementation and support of Enterprise Resource Planning systems tailored to your business needs. This includes consultation, software deployment, training, and ongoing support.
2.2.2 Features
- Customization: ERP solutions are tailored to your business processes and requirements.
- Training: We provide training sessions for users to maximize the benefits of the ERP system.
- Regular Updates: We offer regular updates and improvements to the ERP software.
2.2.3 Limitations
- User Compliance: Users must comply with recommended usage practices to ensure system integrity.
- Data Security: You are responsible for the security of your ERP data, including user access management.
2.3 Mobile Application and Website Development
2.3.1 Services
Our development services cover the creation of mobile applications and websites, from conceptualization to deployment.
2.3.2 Features
- Custom Development: Tailored solutions to meet specific business requirements.
- Responsive Design: Websites and applications are designed to be responsive across devices.
- Testing: Thorough testing is conducted to ensure functionality and security.
2.3.3 Limitations
- Third-Party Integrations: Integration with third-party services is subject to the availability and compatibility of APIs.
- Scope Changes: Changes to the project scope may result in additional costs and timelines.
2.4 Corporate Training
2.4.1 Services
Our corporate training services involve the delivery of educational programs to enhance the skills and knowledge of your workforce.
2.4.2 Features
- Customized Training Programs: Tailored training modules based on your organizational needs.
- Certification: Successful completion of training programs may result in certification.
- Flexible Delivery: Training can be conducted on-site or virtually, depending on your preferences.
2.4.3 Limitations
- Participant Requirements: Participants are expected to meet any prerequisites for specific training programs.
- Scheduling: Training sessions are subject to scheduling availability and must be coordinated in advance.
3. User Responsibilities
3.1 Account Security
You are responsible for maintaining the security of your account credentials. Notify us immediately of any unauthorized use or breach of security.
3.2 Compliance with Laws
You agree to comply with all applicable laws and regulations in your use of our services.
4. Payment and Billing
4.1 Fees
Details regarding fees for our services are outlined in our pricing policy, available on our website.
4.2 Payment Terms
Payment terms, including billing cycles and accepted payment methods, are outlined in our billing policy, available on our website.
5. Intellectual Property
5.1 Ownership
We retain ownership of all intellectual property rights related to our services. You retain ownership of your content.
5.2 License
By using our services, you grant us a non-exclusive license to use, reproduce, and display your content solely for the purpose of providing our services.
6. Limitation of Liability
6.1 Disclaimer
Our services are provided “as-is,” and we make no warranties, express or implied, regarding their fitness for a particular purpose or availability.
6.2 Limitation of Liability
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
7. Termination
7.1 Termination by You
You may terminate your account at any time by following the instructions on our website.
7.2 Termination by Us
We reserve the right to terminate or suspend your account for any reason, including violation of these Terms.
8. Governing Law
These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction].
9. Contact Us
If you have any questions or concerns about these Terms, please contact us at [contact@appvala.com].
Appvalar Technologies IT Services Agreement
1. Scope of Services
1.1 Services:
1.1.1 Web Hosting
Our web hosting services encompass the provision of server space, bandwidth, and related infrastructure for hosting websites and web applications. We commit to providing reliable hosting services with an uptime guarantee of 99.9%.
1.1.2 ERP Solutions
Our ERP solutions involve the implementation and support of Enterprise Resource Planning systems tailored to your business needs. This includes consultation, software deployment, training, and ongoing support.
1.1.3 Mobile Application and Website Development
Our development services cover the creation of mobile applications and websites, from conceptualisation to deployment.
1.1.4 Corporate Training
Our corporate training services involve the delivery of educational programs to enhance the skills and knowledge of your workforce.
1.2 Limitations:
1.2.1 Web Hosting
- Acceptable Use Policy: Users must adhere to our Acceptable Use Policy, prohibiting illegal activities, resource abuse, and any actions that may compromise server security.
- Resource Limitations: Excessive use of server resources affecting performance may result in action, such as resource throttling or suspension.
1.2.2 ERP Solutions
- User Compliance: Users must comply with recommended usage practices to ensure system integrity.
- Data Security: You are responsible for the security of your ERP data, including user access management.
1.2.3 Mobile Application and Website Development
- Third-Party Integrations: Integration with third-party services is subject to the availability and compatibility of APIs.
- Scope Changes: Changes to the project scope may result in additional costs and timelines.
1.2.4 Corporate Training
- Participant Requirements: Participants are expected to meet any prerequisites for specific training programs.
- Scheduling: Training sessions are subject to scheduling availability and must be coordinated in advance.
2. Service Level Agreements (SLAs)
2.1 Response Times:
1.1.1 The IT company agrees to respond to all service requests within a defined time frame. The response time for each category of service request is outlined in the table below:
Service Request Category | Response Time |
---|---|
Critical Issues | [e.g., 1 hour] |
Major Issues | [e.g., 4 hours] |
Minor Issues | [e.g., 1 business day] |
1.1.2 Response time is measured from the moment the service request is logged by the client.
1.1.3 In the event that the IT company anticipates a delay in meeting the specified response time, it shall promptly inform the client of the anticipated timeframe for response and provide regular updates until the issue is resolved.
2.2 Resolution Times:
1.2.1 The IT company commits to resolving service requests within the time frames outlined in the table below:
Service Request Category | Resolution Time |
---|---|
Critical Issues | [e.g., 4 hours] |
Major Issues | [e.g., 2 business days] |
Minor Issues | [e.g., 5 business days] |
1.2.2 Resolution time is measured from the moment the service request is logged by the client.
1.2.3 If the IT company anticipates a delay in meeting the specified resolution time, it shall promptly inform the client of the anticipated timeframe for resolution and provide regular updates until the issue is resolved.
2.3 SLA Breaches:
1.3.1 An SLA breach occurs when the IT company fails to meet the specified response or resolution times outlined in Sections 2.1 and 2.2.
1.3.2 In the event of an SLA breach, the IT company will take the following actions:
a. Conduct an internal review to identify the cause of the breach.
b. Provide the client with a written explanation of the cause of the breach and the steps taken to prevent future breaches.
1.3.3 Depending on the severity and impact of the breach, the following remedies may be applied:
a. Compensation: If the breach results in a significant impact on the client’s operations, the IT company may offer compensation in the form of service credits or a discounted rate for future services.
b. Service Improvement Plan: The IT company will develop and implement a service improvement plan to address the identified issues and prevent future breaches.
c. Review and Adjustment: The IT company and the client will collaboratively review the SLAs to identify any necessary adjustments to prevent similar breaches in the future.
3. Term and Termination
3.1 Duration:
1.1 The initial term of this agreement shall be [insert number] months/years, commencing on [insert start date], unless otherwise specified in the attached service agreement.
1.2 Upon the expiration of the initial term, this agreement may be renewed under the following conditions:
a. The client provides written notice of intent to renew at least [insert notice period] days prior to the expiration of the initial term.
b. The IT company agrees to the renewal and provides any updated terms or conditions.
c. Renewal terms may be subject to renegotiation of fees and services based on market conditions and changes in service requirements.
3.2 Termination Process:
2.1 Either party may terminate this agreement under the following circumstances:
a. Termination for Convenience: i. Either party may terminate this agreement without cause by providing [insert notice period] days written notice to the other party. ii. The terminating party shall fulfill all financial obligations up to the effective date of termination.
b. Termination for Cause: i. Either party may terminate this agreement immediately if the other party breaches a material term of the agreement. ii. The non-breaching party shall provide written notice of the breach, and the breaching party shall have [insert cure period] days to remedy the breach. If the breach is not remedied within this period, the agreement may be terminated.
c. Insolvency or Bankruptcy: i. Either party may terminate this agreement immediately upon written notice if the other party becomes insolvent, files for bankruptcy, or undergoes a change in control.
2.2 In the event of termination, the following shall apply:
a. The IT company shall promptly provide the client with all necessary information, passwords, and access to facilitate a smooth transition of services.
b. The client shall pay any outstanding fees or expenses incurred up to the effective date of termination.
c. Upon termination, both parties shall return any confidential information, materials, or property belonging to the other party.
d. The obligations under the sections of this agreement that, by their nature, should survive termination, including but not limited to confidentiality and indemnification, shall remain in effect.
4. Fees and Payment Terms
4.1 Fees:
1.1 The client agrees to pay the IT company for the services provided according to the fee structure outlined below:
a. Service Fees: [Specify the fees for each service or category of services]
b. Additional Costs: [Outline any additional costs, such as materials, travel expenses, or third-party services, that may be incurred and billed separately]
1.2 The fee structure is subject to review and adjustment annually or as otherwise agreed upon by both parties. Any changes to the fee structure will be communicated to the client with at least [insert notice period] days’ notice.
1.3 Invoices will be issued by the IT company in accordance with the payment terms outlined in Section 4.2.
4.2 Payment Terms:
2.1 Invoices:
a. Invoices for services rendered will be issued [monthly/quarterly/other] and will detail the services provided, applicable fees, and any additional costs.
b. Invoices will be sent to the client’s billing contact, as specified by the client.
2.2 Due Dates:
a. Payment for invoices is due within [insert number] days from the date of the invoice.
b. The client is responsible for ensuring that payments are made by the due date to avoid any disruption in services.
2.3 Late Payment:
a. Late payments may be subject to a late fee of [insert percentage or flat fee] per month, or the maximum rate allowed by law, whichever is lower.
b. If payment is not received within [insert grace period] days of the due date, the IT company reserves the right to suspend or terminate services until payment is received.
2.4 Payment Methods:
a. Payments shall be made by [insert acceptable payment methods, e.g., check, wire transfer, credit card].
b. Any fees or charges associated with the chosen payment method shall be borne by the client.
2.5 Disputed Invoices:
a. In the event of a dispute regarding an invoice, the client shall notify the IT company in writing within [insert dispute resolution period] days of receiving the invoice.
b. Both parties agree to work together in good faith to resolve the dispute promptly.
2.6 Taxes:
a. The client is responsible for any applicable taxes related to the services provided.
b. If the IT company is required to pay taxes on behalf of the client, such taxes will be invoiced separately.
a. Any intellectual property provided by the client for the purpose of receiving the services outlined in this agreement shall remain the exclusive property of the client.
b. The IT company acknowledges and agrees that it has no rights or claims to the client’s pre-existing intellectual property.
1.3 Intellectual property developed during the engagement:
a. Any new intellectual property, including but not limited to software, applications, databases, and proprietary systems, developed by the IT company during the term of this agreement for the sole purpose of providing services to the client shall be the exclusive property of the client.
b. The IT company agrees to promptly disclose and transfer ownership of any such intellectual property to the client upon completion and acceptance of the services.
1.4 License to use:
a. The IT company retains a non-exclusive, royalty-free license to use any pre-existing client intellectual property provided for the purpose of delivering services under this agreement.
b. The client retains a non-exclusive, royalty-free license to use any pre-existing intellectual property of the IT company that is integrated into or necessary for the proper functioning of the services.
1.5 Third-party intellectual property:
a. The parties shall respect the intellectual property rights of third parties.
b. The IT company shall promptly notify the client of any third-party intellectual property that may be incorporated into the services, and the client shall be responsible for obtaining any necessary licenses or permissions.
1.6 Survival:
a. The obligations under this section shall survive the termination or expiration of this agreement.
6. Confidentiality
6.1 Obligations:
1.1 Both parties acknowledge and agree that during the term of this agreement, and for a period of [insert duration] thereafter, they shall:
a. Non-Disclosure: Keep confidential all non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) during the course of the engagement.
b. Use Limitation: Use the confidential information solely for the purpose of performing obligations under this agreement and not for any other purpose without the prior written consent of the Disclosing Party.
c. Protection: Take reasonable measures to prevent the unauthorized disclosure or use of the confidential information, including but not limited to implementing and maintaining adequate security measures.
d. Disclosure to Employees/Agents: Limit disclosure of the confidential information to employees or agents who have a need to know and are bound by written confidentiality obligations at least as restrictive as those contained in this agreement.
e. Return or Destruction: Promptly return or, at the Disclosing Party’s option, destroy all tangible embodiments of confidential information upon completion or termination of this agreement.
f. Exceptions: The obligations of confidentiality shall not apply to information that:
i. Is or becomes part of the public domain through no fault of the Receiving Party.
ii. Is independently developed by the Receiving Party without reference to or reliance upon the confidential information.
6.2 Duration:2.1 The obligations of confidentiality under this section shall continue for a period of [insert duration] years from the date of disclosure of each specific piece of confidential information.
2.2 Notwithstanding the above, the obligations of confidentiality shall continue for any information that qualifies as a trade secret under applicable law for as long as it remains a trade secret.
7. Data Protection and Privacy
7.1 Handling of Data:
1.1 The IT company agrees to handle client data in accordance with applicable data protection and privacy regulations, including but not limited to [list relevant laws or regulations, such as GDPR, HIPAA, etc.].
1.2 The client acknowledges and agrees that the IT company may process personal data on its behalf for the purpose of providing the agreed-upon services. The nature and purpose of the data processing, including the types of data involved, shall be as specified in the scope of services.
1.3 The IT company shall:
a. Process client data only for the purposes expressly authorized by the client and in compliance with applicable data protection laws.
b. Implement and maintain appropriate technical and organizational measures to ensure the security and confidentiality of client data.
c. Notify the client promptly in the event of any unauthorized access, disclosure, loss, or destruction of client data.
d. Assist the client, as reasonably necessary, in responding to requests from data subjects exercising their rights under applicable data protection laws.
e. Cooperate with the client in the event of a data protection impact assessment or consultation with a data protection authority.
f. Not transfer client data outside the agreed-upon jurisdiction without the prior written consent of the client.
7.2 Security Measures:
2.1 The IT company shall implement and maintain the following security measures to protect client data:
a. Access Controls: Limit access to client data to authorized personnel with a legitimate need to access such data.
b. Encryption: Encrypt client data during transmission and storage using industry-standard encryption protocols.
c. Data Integrity: Implement measures to ensure the integrity of client data and protect against unauthorized alteration.
d. Incident Response: Establish and maintain an incident response plan to promptly address and mitigate any security incidents involving client data.
e. Monitoring: Regularly monitor and audit systems handling client data for security vulnerabilities and unauthorized access.
f. Employee Training: Provide training to employees handling client data on data protection principles, security measures, and their responsibilities.
2.2 The IT company shall conduct periodic security assessments and, upon the client’s request, provide documentation and evidence of its compliance with the agreed-upon security measures.
8. Insurance
8.1 Requirements:
1.1 The IT company (“Service Provider”) shall maintain insurance coverage throughout the term of this agreement. The following insurance requirements are specified:
a. Professional Liability (Errors and Omissions) Insurance:
i. The Service Provider shall maintain professional liability insurance with coverage limits of at least [insert coverage amount] per occurrence and [insert aggregate coverage amount] in the aggregate.
ii. The professional liability insurance coverage shall specifically cover errors, omissions, or negligence in the provision of IT services.
b. General Liability Insurance:
i. The Service Provider shall maintain general liability insurance with coverage limits of at least [insert coverage amount] per occurrence and [insert aggregate coverage amount] in the aggregate.
ii. The general liability insurance coverage shall include coverage for bodily injury, property damage, and personal and advertising injury.
c. Cyber Liability Insurance:
i. The Service Provider shall maintain cyber liability insurance with coverage limits of at least [insert coverage amount] per occurrence and [insert aggregate coverage amount] in the aggregate.
ii. The cyber liability insurance coverage shall specifically cover data breaches, unauthorized access, and other cyber risks.
d. Workers’ Compensation Insurance:
i. If the Service Provider has employees, it shall maintain workers’ compensation insurance as required by applicable laws.
1.2 The insurance policies required in Section 8.1 shall be carried with reputable insurance carriers and shall include the following provisions:
a. Notice of Cancellation: The insurance policies shall include a provision that the insurer will provide at least [insert notice period] days’ written notice to the client (“Client”) in the event of cancellation or material changes to the policies.
b. Endorsement in Favor of Client: The Service Provider shall provide an endorsement naming the Client as an additional insured on the general liability and professional liability insurance policies.
c. Primary Coverage: The insurance policies shall be primary and non-contributory to any other insurance carried by the Client.
d. Proof of Insurance: The Service Provider shall provide the Client with certificates of insurance evidencing the required coverage and endorsements promptly upon request.
1.3 The Service Provider shall maintain continuous coverage and promptly renew its insurance policies to avoid any lapse in coverage during the term of this agreement.
1.4 The insurance coverage requirements specified in this section do not limit the liability of the Service Provider under this agreement and are maintained solely for the protection of the Client.
9. Indemnification
9.1 Responsibilities:
1.1 Each party (“Party”) agrees to indemnify, defend, and hold harmless the other party, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third-party claim or legal action:
a. Arising from the Party’s breach of any representation, warranty, or obligation under this agreement.
b. Alleging that the Party’s actions or omissions have caused harm to third parties or violated applicable laws or regulations.
1.2 The indemnifying party’s obligations under this section are contingent upon the indemnified party:
a. Promptly notifying the indemnifying party in writing of any claim or legal action for which indemnification is sought.
b. Cooperating fully with the indemnifying party in the defense of the claim or legal action.
9.2 IT Company’s Indemnification:
2.1 The IT company (“Service Provider”) agrees to indemnify, defend, and hold harmless the client (“Client”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
a. Breach of any representation, warranty, or obligation under this agreement by the Service Provider.
b. Any negligent or wrongful act or omission of the Service Provider, its employees, agents, or subcontractors.
2.2 The Service Provider’s indemnification obligations specifically include but are not limited to claims related to:
a. Intellectual property infringement arising from the use or provision of the IT services.
b. Data breaches or unauthorized access to client data.
2.3 The Service Provider’s indemnification obligations do not extend to claims or losses resulting from:
a. The actions or omissions of the Client or its employees.
b. Modifications or alterations of the IT services by parties other than the Service Provider.
2.4 In the event of a claim, the Service Provider shall, at its expense:
a. Defend the Client against such claim.
b. Pay any settlements agreed to by the Service Provider.
c. Pay any final judgments awarded against the Client.
10. Dispute Resolution
10.1 Process:
1.1 In the event of any dispute, claim, or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, or validity thereof (“Dispute”), the parties agree to follow the dispute resolution process outlined below:
a. Negotiation: The parties shall first attempt to resolve the Dispute amicably through good-faith negotiations between individuals with decision-making authority.
b. Mediation: If negotiation does not resolve the Dispute within [insert negotiation period] days, the parties agree to submit the Dispute to non-binding mediation facilitated by a neutral third party mutually agreed upon by both parties.
c. Arbitration: If mediation does not result in a resolution within [insert mediation period] days, or if either party refuses to participate in mediation, the Dispute shall be submitted to final and binding arbitration in accordance with the rules of [insert arbitration institution], and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
1.2 Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm or to preserve the status quo pending the resolution of the Dispute through negotiation, mediation, or arbitration.
1.3 The costs of mediation and arbitration, including the fees and expenses of the mediator and arbitrator(s), shall be shared equally by the parties unless the arbitrator(s) determine otherwise.
10.2 Jurisdiction:
2.1 This agreement shall be governed by and construed in accordance with the laws of [insert governing law] without regard to its conflict of laws principles.
2.2 Any legal action or proceeding arising out of or relating to this agreement shall be brought exclusively in the courts of [insert jurisdiction], and the parties consent to the personal jurisdiction of such courts.
2.3 Notwithstanding the above, if a party seeks injunctive or other equitable relief, such action may be brought in any court of competent jurisdiction.
11. Force Majeure
11.1 Circumstances:
1.1 Neither party shall be deemed in default or be held responsible for any delay or failure to perform its obligations under this agreement when such delay or failure arises from events or circumstances beyond the reasonable control of the affected party. Such events or circumstances include, but are not limited to:
a. Acts of God, including natural disasters such as earthquakes, floods, hurricanes, or fires.
b. War, hostilities, invasion, act of foreign enemies, or any other act of war.
c. Acts of government, including government orders, restrictions, or other regulatory actions.
d. Pandemics, epidemics, or public health emergencies.
e. Strikes, labor disputes, or other industrial disturbances.
f. Power outages, disruptions in internet services, or other infrastructure failures.
g. Acts or omissions of third parties not under the control of the affected party.
1.2 The party affected by a force majeure event shall promptly notify the other party of the occurrence and nature of the force majeure event. The affected party shall use commercially reasonable efforts to mitigate the impact of the force majeure event on its performance under this agreement.
1.3 If a force majeure event prevents or hinders the affected party’s performance for a continuous period of [insert number] days or more, either party may terminate this agreement upon written notice to the other party. In such case, neither party shall be liable to the other for damages resulting from such termination.
1.4 The party seeking to be excused from performance due to a force majeure event shall provide evidence of the force majeure event’s existence, the impact on performance, and the efforts made to overcome the effects of the force majeure event.
12. Responsibilities of the Client
12.1 Client’s Obligations:
1.1 The client (“Client”) acknowledges and agrees to fulfill the following responsibilities to facilitate the effective provision of services by the IT company (“Service Provider”):
a. Cooperation: The Client shall cooperate with the Service Provider in a timely and reasonable manner to enable the provision of IT services in accordance with the terms of this agreement.
b. Information and Access: The Client shall provide the Service Provider with all necessary information, data, and access to systems, networks, and facilities as reasonably required for the delivery of services.
c. Timely Responses: The Client shall respond promptly to requests for information, approvals, or any other actions required by the Service Provider to fulfill its obligations under this agreement.
d. Client Personnel: The Client shall designate a knowledgeable representative who will be the primary point of contact for communication with the Service Provider and who has the authority to make decisions on behalf of the Client.
e. Compliance with Agreement: The Client shall comply with all terms and conditions of this agreement, including but not limited to payment of fees and adherence to intellectual property and confidentiality provisions.
f. System Requirements: If the IT services involve the use or integration with the Client’s systems, the Client shall ensure that its systems meet the minimum requirements specified by the Service Provider.
g. Security Measures: The Client shall implement and maintain reasonable security measures to protect its systems and data from unauthorized access or use.
1.2 The Client’s failure to fulfill its obligations under this section may result in delays or disruptions in the provision of services, and the Service Provider shall not be held liable for such delays or disruptions.
13. Changes and Amendments
13.1 Changes:
1.1 Either party may propose changes to this agreement by providing written notice to the other party. Proposed changes should include a detailed description of the modification, the rationale for the change, and any anticipated impact on the scope, timeline, or costs of the services.
1.2 The parties shall promptly enter into good-faith discussions regarding the proposed changes. Changes may include, but are not limited to:
a. Modifications to the scope of services.
b. Adjustments to the service levels or performance metrics.
c. Changes to fees or payment terms.
1.3 Changes may be implemented only upon mutual written agreement of both parties. No changes shall be binding unless documented in a written amendment duly executed by authorized representatives of both parties.
1.4 In the event that changes are agreed upon, the parties shall assess any impact on the schedule, budget, or other relevant aspects of the agreement. Adjustments to the agreement, including amendments to the scope, fees, or other terms, shall be made as necessary.
1.5 Notwithstanding the above, if changes are required due to unforeseen circumstances or emergency situations, the parties agree to work together in good faith to minimize any disruption and promptly document and execute the necessary changes.
1.6 Either party may request changes at any time during the term of this agreement, and the other party agrees to consider such requests in good faith.
1.7 No changes proposed by either party shall relieve the parties of their respective obligations under the agreement unless and until such changes are agreed upon in writing.
14. Notices
14.1 Contact Information:
1.1 For all matters related to this agreement, including notices, requests, approvals, or other communications, the parties shall use the following contact information:
a. For the IT Company (Service Provider):
i. Name of Company: [Insert Company Name]
ii. Address: [Insert Physical Address]
iii. Email: [Insert Email Address]
iv. Phone: [Insert Phone Number]
b. For the Client:
i. Name of Client: [Insert Client Name]
ii. Address: [Insert Physical Address]
iii. Email: [Insert Email Address]
iv. Phone: [Insert Phone Number]
1.2 Any official communication, notice, or request under this agreement shall be considered effective:
a. If delivered in person, upon receipt.
b. If sent by registered or certified mail, return receipt requested, postage prepaid, three (3) business days after being mailed.
c. If sent by reputable courier service, one (1) business day after being sent.
d. If sent by email, upon confirmation of receipt, provided that no automated response indicating non-delivery or other issues is received.
1.3 Either party may update its contact information by providing written notice to the other party in accordance with this section.
1.4 Notices related to changes or amendments to this agreement, termination notices, or notices related to legal actions or dispute resolution shall be provided in accordance with the specific provisions outlined in this agreement.