© 2017 Designed by FIDUCIAM TECHNOLOGY SOLUTIONS LLC

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TERMS & CONDITIONS

 

 

 

 

 

 

 

Client shall obtain all necessary consents, permissions and authorizations to enable FIDUCIAM Technology Solutions LLC (“FTS”) and/or its subcontractors to provide the Consulting Services and shall provide access to all staff and data necessary for FTS’ performance of the Consulting Services. Client is responsible for the completeness and accuracy of all information, data and material provided by or on behalf of Client to FTS.

  1. FTS warrants that the Consulting Services shall be performed using reasonable care and skill consistent with generally accepted industry standards. For any claimed breach of this warranty, Client shall promptly notify FTS via email of the warranty claim within ten (10) business days of Client’s receipt of the applicable Consulting Services.

  2. If the same exact issue related to the Consulting Services returns within 10 business days of the previous service visit, contact FTS and we will remotely login to assist or schedule a service visit, (the first 30 minutes of such a visit are FREE). If such diagnostics and fixes take longer,  a 25% discounted billing rates on Consulting Services apply after 30 minutesClient shall provide reasonable assistance to FTS in its efforts to furnish a remedy for any breach of this warranty regarding Professional Services.

  3. Client’s sole and exclusive remedy for any breach of this warranty shall be, at FTS’ sole discretion, re-performance of the noncompliant Professional Services (at discounted rates - refer #2) or return the fees paid for the noncompliant Consulting Services.

  4. Payment Terms: Client shall pay the invoice according to the terms printed on the invoice in United States dollars. Invoices not paid according to terms may be charged a late fee at the rate of three (3%) percent per month on the unpaid balance. A penalty charge of $35.00 will be assessed on returned checks.

  5. FTS does not build actual hardware, we purchase from different manufacturers/resellers. You may request FTS to purchase an extended warranty provided by the manufacturer/reseller at an additional cost.

  6. It is the Client's responsibility to back up all data to ensure protection of Client's data. Consultant will be happy to review your backup system and make recommendations for improving it. Consultant can arrange for Client to purchase the necessary hardware and/or software and can install and configure it. Consultant cannot be responsible for any loss of data due to Client's failure to back up that data properly, and Client agrees to indemnify and hold Consultant harmless against any liability arising from such loss or damage to Client's data.

  7. In no event shall Consultant be liable for indirect, special or consequential damage suffered by Client in connection, directly or indirectly, with the action or inaction of Consultant under or in relation to Consulting Services provided.

  8. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of document shall nonetheless remain in full force and effect, and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

  9. FORCE MAJEURE - Consultant or its designee shall be excused from performance to the extent that performance is prevented, delayed, or obstructed by causes beyond Consultant’s reasonable control, including delays in performance by acts of Nature/God (fire, storm, floods, earthquakes, etc.) civil disturbances, war, riots, sabotage, mechanical breakdowns, material shortages, fuel shortages, trade disputes, labor problem, Government restrictions, embargoes, boycotts, accidents, disruption of telecommunications, power or essential services, or any other utilities. 

  10. All modifications to the Terms and Conditions must be in writing and signed by all Parties.

 

FTS PROVIDES ALL INFORMATION, CONTENT, AND OTHER MATERIAL IN AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY FTS PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

ANY WARRANTY ON ANY PRODUCT SOLD THROUGH FTS IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY PRODUCT OR SERVICE PURCHASED THROUGH FTS. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH FTS OR FTS’ GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.​

Unless otherwise agreed in writing, any consulting services (“Consulting Services”) provided by FIDUCIAM Technology Solutions LLC to a client (“Client”) are subject to and governed by these Consulting Services Terms and Conditions (“Terms”).  The Client acknowledges that they have read, understood and agree with the terms and conditions stated including exclusions and disclaimers.