Ict Agreement Template

Is there a clause in MSA (Master Service Agreement) regarding non-solicitation/incompetent 11? Full understanding; Amendment: This Agreement, including all Annexes, Appendices and Appendices annexed to this Agreement, constitutes the complete and complete understanding and understanding between the Client and MY COMPANY and supersedes all prior or contemporaneous written or oral negotiations, discussions or agreements between the parties with respect to the subject matter hereof. Any waiver, modification or addition to any provision of this Agreement will only be effective if it is made in writing and signed by the Client and MY COMPANY. Please sign upon acceptance of this Agreement. Thank you for your business! All models, circuit diagrams, processes or technical documentation provided by MY COMPANY are considered confidential information and protected information of MY COMPANY without marking or other designation. The customer may use this information exclusively for his own internal business purposes. MY COMPANY maintains the confidentiality of information in its possession about individual health information protected in accordance with applicable law and does not disclose such information to other natural or legal persons, except as required by law. 5. LUMP SUM COMPENSATION FOR THE HIRING OF EMPLOYEES OF MY COMPANY: If, during the term of this Agreement or for twelve months thereafter, the Customer directly or indirectly uses the services (whether as an employee, independent contractor or otherwise) of an employee of my company (or a former employee within three months of the dismissal of the employee of MY COMPANY), who has provided services to the client on behalf of my company, the client agrees that MY BUSINESS is damaged, but that the amount of such damage is difficult to determine. Accordingly, the Customer agrees that for each of these MY COMPANY EMPLOYEES hired by the Customer, the Customer will pay twenty-five thousand dollars ($25,000) as lump sum damages. Notwithstanding the foregoing, for the purposes of this Section 5, the term “employees of my business” includes only employees of my business who provide services to clients of my business, and not accountants, lawyers or other independent contractors of my business who provide services to MY BUSINESS itself. 8. Independent Contractor: The parties to this Agreement are independent contractors.

No partnership, joint venture, employment, franchise or agency relationship is created between the parties. Neither party is permitted to bind the other party or enter into obligations on behalf of the other party without the prior written consent of the other party. Subscribe to ICTworks for more business support forms like this one 6. LIMITATION OF LIABILITY: MY COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF SERVICES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA OR INCREASED COSTS OF USE INCURRED BY THE CUSTOMER OR ANY THIRD PARTY), WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR STRICT LIABILITY, EVEN IF MY COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. MY COMPANY IS NOT RESPONSIBLE FOR PROBLEMS CAUSED BY THE USE OF THIRD-PARTY SOFTWARE OR HARDWARE. IN NO EVENT SHALL THE AMOUNT THAT CUSTOMER MAY RECOVER UNDER THIS AGREEMENT EXCEED THE TOTAL PAYMENTS MADE BY CUSTOMER TO MY BUSINESS UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING IT. THE LIMITATIONS SET OUT IN THIS SECTION 6 DO NOT APPLY TO PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE ON MY PART. 10.

Litigation; Applicable law; Arbitration: This Agreement is governed by and enforced by California law. Any dispute or arbitration between Customer and MY COMPANY shall be conducted in any state court located in Santa Clara County, California, or in a federal court located in the Northern District of California. The Customer and MY COMPANY waive any objection to personal jurisdiction or instead of any forum located in such jurisdictions. Except for a claim for payment of amounts due, either party, in whatever form, may not bring an action under this Agreement against the other party more than one year after the cause of action arose. At the option of Customer or my company, any dispute arising out of or relating to this Agreement shall be resolved by arbitration by the American Arbitration Association in accordance with its business rules. At the request of one of the parties, the proceedings may be conducted in secret. 9. Assignment: This Agreement may not be assigned by the customer without the prior written consent of MY COMPANY, but may be assigned by MY COMPANY (i) as a result of a merger or change of control, or (ii) to an assignee of all or substantially all of my COMPANY`s assets.

Any alleged assignment that violates this article is void. (b) Either party may terminate this Agreement (including all Annexes) at any time if the other party: (i) fails to remedy a material breach of this Agreement within thirty (30) days of written notice of such breach, or (ii) ceases operations without a successor. Termination is not an exclusive remedy, and the exercise of any remedy under this Agreement by either party will not affect any other remedies it may have under this Agreement, at law or otherwise. Sections 4(b) (Disclaimer of Warranties), 5 (Lump Sum Damages), 6 (Limitation of Liability), 7 (Confidential and Proprietary Information) and 8-14 (Terms and Conditions) shall survive the expiration or termination of this Agreement. Filed Under: Company Learn more about: Agreement, business forms, information systems, service contract 3. Terms: (a) Unless terminated early in accordance with (b) below, the initial term of this Agreement will begin on the effective date and will end twelve (12) months thereafter. This Agreement will automatically renew for consecutive terms of one (1) year, unless either party notifies the other party of notice of termination at least thirty (30) days prior to the expiration of the then-current period. 1. Provision of Services: MY COMPANY Information Systems provides the IT infrastructure support services set out in the attached Professional Services Schedule (“Schedule”) and any subsequent schedules executed by the parties. Each Annex shall indicate the nature of the services to be provided and the related charges. Fees are subject to change by MY COMPANY Information Systems upon notification to the customer.

All fee estimates provided for hourly or daily billing of work are provided for informational purposes only; The customer undertakes to pay for the actual services of MY COMPANY Information Systems at the specified rate. . 2. Fees and Payment: The Customer agrees to pay all the fees specified in each annex. All payments are made in US dollars and are due upon receipt of the corresponding invoice by the customer. MY COMPANY may charge for recurring services in advance. The Customer is responsible for all taxes, withholding taxes, rights and duties arising from the Services (excluding taxes based on MY COMPANY`s net income). .