PRICING: Data Link Technology Services may adjust the price of goods or services to include any applicable taxes and/or any increase in product, shipping or travel related costs between the dates of order and delivery to customer. Includes but is not limited to market conditions, fuel surcharges and expiring promotional pricing. Unless otherwise stated shipping costs are not included.
OVERDUE INVOICING: If any Fees or other charges are not received by DLTS from Client by the due date, then at DLTS’s sole discretion such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month from the date such payment was due until the date paid. DLTS shall be reimbursed by Client for DLTS’s collection costs in the event of overdue charges, including DLTS’s reasonable attorney’s fees and other costs of collection.
TAXES: Unless otherwise stated taxes are excluded but may be allowable.
BONDING & PERMITS: Unless otherwise stated bonding and permits are excluded but may be allowable.
TITLE TO GOODS SOLD: Data Link Technology Services retains title to all goods sold pursuant to this document until the entire invoice for all such goods has been paid in full, and without regard to any partial payment by or other credit to the customer. Client hereby grants permission for the removal of said hardware/software in the absence of full payment.
SUPPORT SERVICES NOTICE: 30-day notice is required for the termination of all support services.
EVENTS OF DEFAULT: End User is "in Default” if: (i) End User fails to make payment per terms stated on invoice and such failure is uncorrected for five (5) calendar days after notice by Service Provider; (ii) End User breach any other provision of this Agreement and such breach is uncorrected for ten (10) calendar days after notice by Service Provider; or (iii) End User’s use, or the use of any person accessing or using the Services, violates, or is alleged to violate, any applicable law, rule, regulation or policy of any governmental authority. Service Provider may refuse, suspend, discontinue, or terminate Service(s) and remove End User software and/or hardware or terminate this Agreement without notice if (a) End User are in Default, or (b) Service is used in a manner that violates this Agreement or any applicable law, rule, regulation or policy of any governmental authority or affects provision of any service to End User or any other users.
ADDITIONAL WORK: Any work requested outside the scope of work in this proposal will be subject to review for potential price and time impacts. Drawings and/or BIM Coordination are not included unless specifically noted otherwise.
ACCESS: Pricing is based on free and clear access within the facility during installation.
JOB SITE CONDITIONS: Installation costs are based on clear pathways. A clear pathway will have no major impediments such as installation within ceiling grid and or tile, the drilling of concrete slabs, headers, the need for coring, etc. Conduits, mud rings, back boards and patch panels are excluded unless otherwise stated in scope of work. If a free and clear pathway is unavailable additional costs shall apply. All conduit pathways to be provided by others with pull string and assumed to be routed for the shortest direct cable pathway. Any utilized existing cabling assumed to be in operable and working condition. Unless otherwise stated, all work is assumed to be accessible by a maximum ladder height of 10' and man lifts of any kind are not required. Main ground is assumed to be provided by others and terminated in telecommunications room. Fire or smoke stop/safe work of any kind and demolition of any kind excluded, unless specifically noted.
SCHEDULE: Data Link assumes all work to be done during normal business hours (7am-5pm Monday through Friday), Holidays not included, unless otherwise stated in scope of work. Pricing is based on a sensibly leveled schedule. Additional costs shall apply for expedited schedules and or schedule impacts outside of DLTS control.
PARKING: Unless otherwise stated parking costs are not included.
FORCE MAJEURE: Data Link Technology Services shall have no liability for delays, failure in performance or damages due to: fire, explosion, pest damage, power failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, your actions or unauthorized uses of the Products or other causes beyond Data Link Technology Services control regardless of whether similar to the foregoing.
PROPRIETARY INFORMATION: All proprietary data, confidential information and trade secrets of Data Link Technology Services obtained by you in connection with this Agreement are and shall remain the property of Data Link Technology Services You agree not to disclose such information to third parties or to use such information other than in connection with this Agreement for a period of three (3) years following termination of this Agreement (or, in the case of trade secrets, until such information no longer constitutes a trade secret).
NON-INTERFERENCE: CLIENT acknowledges that Data Link Technology Services is involved in a highly strategic and competitive business. Data Link Technology Services invests substantial resources, time, and money to recruit, hire, and train employees to provide services to CLIENT. CLIENT further acknowledges this is a costly and time-consuming endeavor and that CLIENT would gain substantial benefit and that Data Link Technology Services would be deprived of such benefit, if CLIENT were to directly or indirectly hire any personnel employed by Data Link Technology Services. Should CLIENT wish, within one (1) year following the termination of this Agreement, to directly or indirectly employ any employee related to work performed by Data Link Technology Services for CLIENT, CLIENT shall first pay Data Link Technology Services the sum of $30,000 per employee, which accurately reflects the reasonable valuable of Data Link Technology Services’ time and costs.
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