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Service Delivery
Agreement Terms
Proposals:
Proposals expire if not agreed to within 30 days, or by the expiration date as printed on the proposal. Delivery estimates for projects are only confirmed upon execution of the proposal.
Delivery: ROI shall use reasonable best efforts to meet the delivery time estimated for the tasks set forth on each proposal executed. ROI shall be entitled to reasonable extensions of time to complete the described tasks on the proposal.
Cancellation/Return
Policy: We require service projects to be cancelled in writing and sent via mail, fax or e-mail. Cancellation notice must be confirmed by ROI. If a services project is cancelled before we start and a refund has been approved, client may be billed a reasonable fee for administration. If a services project is cancelled in process, we will notify you of the estimated amount of time delivered that will be billable. Product returns are prohibited once services have been delivered on the project and/or the product has been shipped or installed.
Adherence to Proposal
Estimated Hours for Project: ROI shall use reasonable best efforts to meet the amount of hours estimated for the tasks set forth. In addition, to the extent that any expansion of the task’s scope is caused in whole or in part by the Customer, or by events beyond the reasonable control of either party, ROI shall be entitled to either re-quote or cancel the project. ROI is not responsible and is to be held harmless for projects where the hours are grossly under bid and not directly analyzed and written up by ROI.
Liability
and Warranty:
Limits of Liability for Consulting Services and Programming Modifications: In no event shall ROI be liable for any special, indirect, incidental, or consequential, or exemplary damages, (including without limitation, lost profits, loss of data, interruption of service or loss of business or anticipated business), even if ROI has been advised of the possibility of such damages. In no event shall ROI’s liability arising out of or in connection with this Agreement, whether in contract, tort, or otherwise, exceed the cost of the license, programming or service fees actually paid to ROI by Customer under this Agreement.
Third-Party Modifications: In the event that Customer has modifications that are written by a third-party developer, Customer will work with the third-party developer to retain permission to proceed with modifying the third-party’s source code. Due to the inexact nature of this work, there are no guarantees or responsibility taken for the original work of the original programmer. ROI is held harmless as it relates to the overall customer’s satisfaction with the programming originally purchased by a third-party developer.
Warranty on Services
Provided:
Master Developers Notice: Sage Software mandates that we provide the following information regarding the Sage Software customized program licensed to Customer by ROI Consulting, Inc.:
- Every customized program is subject to Sage Software’s End-user License agreement.
- IN-SYNCH and any other customize programs are customized source code, not prepared by Sage Software, and Sage Software is under no obligation to provide customer support for such customized program,ROI submits to the submission of any and all claims, controversies or disputes, of whatever nature, in any way arising out of, in connection with, or in any way concerning, whether directly or indirectly, ROI’s relationship, contract or dealings with any authorized Customer, to mandatory binding arbitration, providing that such relationship, contract or dealings involves Sage Software or any product or service of Sage Software, or otherwise may have an impact on Sage Software’s reputation; and
- ROI is the owner of the intellectual property created by ROI for Customer use.
Warranty on Modifications: Commencing on delivery of specific modification provided by ROI, ROI warrants that the modification is, (i) substantially free from programming errors which adversely and materially affect the functionality of the modification, (ii) fully complies with design specifications as set forth in the executed proposal. This warranty shall not cover consequential damages, if any, suffered by Customer or any third-party, and the aggregate amount of ROI’s liability shall not exceed the aggregate amount under the proposal.
ROI agrees to correct any programming logic error(s) or other inconsistencies in our work product for no additional charge for a period of ninety (90) days from the date of delivery. Such corrections will be returned for testing within ten (10) calendar days of notification of error. If another programmer subsequently modifies ROI's work product, our warranty for the modification is null and void.
IN-SYNCH is governed by the IN-SYNCH license agreement. All other products sold or recommended by ROI are warranted exclusively by the manufacturers warranty and license agreement.
ROI MAKES NO OTHER WARRANTY, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCTS SOLD, OTHER THAN THE WARRANTY GIVEN BY THE MANUFACTURER. ROI SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS TO ANY PRODUCTS OR SERVICES PROVIDED. 01/06 |
