6.1 Certain services offered by Smarsh may depend on software, applications, platforms (e.B. third-party social media or corporate networking platforms), messaging or communication services or APIs (”Third Party Services”). These third-party services are not offered, controlled or provided by Smarsh. In some cases, the Third Party Service may make changes to its Service or components or discontinue a Service without notice from Smarsh. Accordingly, Smarsh expressly disclaims any liability in connection with or from such Third Party Services, including Customer`s use of such Services or any update, modification, failure, failure, corruption, interruption of the Services or termination of the customer account by the Third Party Service. Smarsh is not responsible for how the Third Party Service transmits, accesses, processes, stores, uses or provides data to Smarsh. The customer is solely responsible for compliance with the General Terms and Conditions of Third Party Services. In order to integrate the Services with certain Third Party Services, Customer may be required to provide Customer`s or Customer`s end user credentials to the Third Party Service in order to obtain Customer Data. In such cases, Smarsh`s access to the provision of the Service shall (a) be authorized by Customer to all End Users or Content; or (b) each individual End User.
A written service contract describes the terms of use, including a description of the work, the price of the service, performances and more. It can also be used for a specific job or a current position that does not have an end date at the time of signing the contract. Written service contracts are usually more necessary when the terms of the contract become more complex or need to be explained in more detail. 1.2 Activation of the Services. After completing the Order Form, Smarsh initiates the activation of the Service by granting the Customer access to an account within the respective Service (”Activation Date”). Customer is responsible for (a) providing Smarsh with all historical data to be archived in a format acceptable to Smarsh; and (b) configure client messaging services or other systems to transmit customer data (as defined in Section 3.4) to Smarsh. PandaTip: This is a subscription agreement for membership in a limited liability company or ”LLC” in the United States. It contains provisions similar to those of a subscription contract for the shareholders of a company, but there are important differences. 11.7 No agency. The parties are independent contractors and have no authority to assume or create obligations or responsibilities on behalf of the other. Nothing in this Agreement shall be construed as constituting or implying any partnership, agency or joint venture. Depending on the type of service, the customer and the supplier may have to negotiate the price in both directions.
Both parties are advised to use online resources to display the average price ($/hour) of a particular service. The check box instructions in the second article require that you select one to apply. Your selection determines how this contract should end if it can be successfully continued until it is concluded. This Agreement may be designed to terminate ”at will”, automatically expire on a specific ”End Date”, or enter into by any ”Other” method. Only one of these means may be mentioned as a method of termination. If this Agreement should remain in place until one or both parties decide that it should be terminated, check the box associated with the words ”At will”. With this selection, you must indicate the number of ”Notification Days” that the terminating party must provide when it is time to terminate this Agreement. If not, leave this selection unattended. A second option that can be set for the termination of this Agreement is simply to set a specific calendar date for the natural closing. If it is preferable by both parties, select the second check box and use the formatted spaces to declare this completion date. These parties may also have a different idea of termination in mind.
If so, check the box labeled ”Other.” The blank line of this statement is reserved for the required description of how the agreement should end up in this document. In a service contract, a service provider is the party that provides services to a customer for a fee. The services can be in real work or give access to a client. The remuneration charged by the service provider generally corresponds to the average salary of the industry concerned. 11.2 U.S. Government End User Terms of Use. Smarsh provides the Services to Federal Government End Users only in accordance with the following provisions: Government Technical Data and Software Rights related to the Services include only those rights commonly made available to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Specifications) and FAR 12.212 (Software) and for Department of Defense transactions in DFAR 252.227-7015 (Specifications – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency requires rights that are not transferred under these Terms, it must negotiate with Smarsh to determine whether there are acceptable terms for the transfer of those rights, and a mutually acceptable written addendum specifically transferring those rights must be included in any applicable contract or agreement. A service contract may, if authorized, be terminated in writing at any time with proper notice.
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