This Service Agreement (“Agreement”) shall apply and govern the Statement of Work(s), project, letter of intent, or any other document executed between Erisn Software Solutions Africa or any of its affiliates (“Consultant/Consultant”) and Customer, for the purpose of providing professional services (“Services”) for software development and IT services.
Payment will be made by the Customer within 30 days upon receipt of an invoice. In the event, there is a delay in payment for more than 5 days from the due date.
Consultant shall be relieved of its obligations under this Agreement in the event of non-payment of the Fees or expenses due and shall retain the rights in the Services for which the amount is outstanding.
Confidential information shall mean any information disclosed by one party to the other party, in any form including without limitation documents, business plans, source code, software information, specifications, analysis, designs, drawings, data, computer programs, any information relating to personnel or Affiliates of a party and include information disclosed by third parties at the direction of a Disclosing Party and marked as confidential within 30 days of such disclosure.
The Receiving Party agrees not to use any Confidential Information for any purpose except for conducting business with the Disclosing Party or otherwise agreed in writing.
Customers shall own all rights, title, and interest in and to the Deliverables. The rights, title, and interest in and to the Deliverables shall be granted to the Customer only upon receipt of full payment by the Consultant.
Except as expressly stated in this Agreement, the parties disclaim all warranties of any kind, implied, statutory, or in any communication between them, including without limitation, the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose.
The total liability of the parties under this Agreement (whether in contract, tort (including negligence)) shall not exceed the fees paid to Consultant hereunder. The parties disclaim any indirect, special, consequential, or incidental damages or loss of revenue or business profits, however, caused, even if advised of the possibility of such damages. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.
The terms of this Agreement shall be governed, interpreted, and construed in accordance with the laws of South Africa and the International Laws Authority.
This Agreement shall constitute the complete agreement between the parties respecting the subject matter. This Agreement may not be extended, amended, terminated, or superseded except by agreement in writing between the parties.
Each Agreement may be executed in one or more counterparts (including scanned copies), all of which when signed and taken together constitute a single agreement between the parties.
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