SERVICE LEVEL AGREEMENT
To ensure that we serve you better, we created our code of conduct.
Kindly read through and agree before sign up to our services.
Representations and Warranties
6.1 Service Provider’s Representations and Warranties: Service Provider hereby represents and warrants that:(a) Due Authority. Service Provider has full right and power to enter into and perform this Agreement without the consent of any third party, and its performance under this Agreement will not conflict with any other obligation Service Provider may have to any other party.(b) Standard of Performance. Service Provider will perform the Services in a timely, professional and workmanlike manner and with a degree of quality equal to or higher than applicable industry standards for similar services. In addition, all Services and each Deliverable shall conform in all material respects with the description set forth in the SOW.(c) No Harmful Code. The Services and all Deliverables shall be free of any: (i) viruses, worms, time bombs, Trojan horses or other harmful, malicious or destructive code; (ii) software disabling devices, time-out devices, counter devices and devices intended to collect data regarding usage of the software without the knowledge of Teklabspace and
(iii) Open Source Software, except as expressly authorized by Teklabspace in writing in accordance with Section 5 (Third Party Materials and Open Source Software).(d) Intellectual Property Rights. Each Deliverable is and will be an original work of Service Provider except for any Third Party Materials and Pre-Existing Intellectual Property incorporated therein as approved under Section 5 (Third Party Materials and Open Source Software) or 7.5 (Pre-Existing Intellectual Property), as applicable. Neither the Deliverables nor any element thereof will (i) infringe the intellectual property rights of any third party or (ii) be subject to any restrictions or to any mortgages, liens, pledges, security interests, encumbrances or encroachments.(e) No Employment, Agency or Partnership. Service Provider warrants and represents to Teklabspace that Service Provider is an independent contractor. Service Provider shall perform services on behalf of Teklabspace in the capacity of independent contractor, and not as an employee, worker, partner, agent or joint venture partner of Teklabspace. Service Provider shall not have any right or power whatsoever to contract on behalf of Teklabspace in any way in relation to third parties and will not hold Service Provider out as having such authority unless specifically authorized to do so. Service Provider is supplying the Services to Teklabspace as part of Service Provider’s business undertaking. Teklabspace is Service Provider’s client for these purposes.6.2 Remedy of Defects: Service Provider shall, without charge, correct any non-conformity, defect or malfunction in any Deliverable reported by Teklabspace within thirty (30) days of receipt of notice from Teklabspace, or if Service Provider is unable to make the Deliverable operate as warranted within such 30-day period, then Teklabspace may terminate immediately the applicable SOW, and Service Provider shall refund to Teklabspace all fees paid for such defective Services within 10 days of termination. The remedies set forth in this Section 6.2 shall be non-exclusive.6.3 Warranty Disclaimer: EXCEPT FOR SERVICE PROVIDER’S WARRANTIES SET FORTH IN THIS AGREEMENT AND ANY SOW, EACH PARTY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.