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The foregoing are the standard terms and conditions to any agreement Technijian, Inc. (hereinafter referred to as “Technijian”) may have with its’ Client(s) regarding any sale of any product, services, and support (hereinafter referred to as “Services”).  Services provided to Client shall be defined and/or detailed in any sales/order agreement Client may have with Technijian (hereinafter referred to as the “Agreement”).  Agreement(s) include but are not limited to the ‘My Archive’, ‘My Audit’, ‘My Backup’, ‘My Developer’, ‘My Disk’, ‘My Hosing/Cloud’, ‘My Phone/IVR’, ‘My Public Cloud’, ‘Virtual Tech AMC’, and ‘My Virtual Tech Pay-as-you-Go’ service agreements.  Technijian reserves the right to make any additional services they offer subject to these standard terms and conditions. 

These standard terms and conditions may be changed, amended, and or modified at the sole discretion of Technijian.  Any change, amendment, and/or modification of these standard terms and conditions shall apply to all past and future services provided by Technijian to Client regardless of when the Client first contracted and/or agreed to the services provided by Technijian.  Upon any change, modification, and/or amendment to these standard terms and conditions, Technijian shall notify each Client by e-mail that there has been a change, amendment, and/or modification to the standard terms and conditions.  Each Client may choose to terminate their services with Technijian without penalty in the event they do not agree/accept the change, amendment, and/or modification of the standard terms and conditions.  Should Client wish to terminate their services with Technijian due to not agreeing and/or accepting a change, amendment, and/or modification to the standard terms and conditions Client shall be obligated to pay Technijian for all services provided to Client under the terms and conditions applicable to Client.  Should Client not object to any change, amendment, and/or modification to the standard terms and conditions in writing to Technijian within five (5) business days from the date of the change. Amendment, and/or modification to the standard terms and conditions, Client agrees that all past, present, and future services provided by Technijian to Client will be governed by and Client will be legally bound to the changed, amended, and/or modified terms and conditions to all past, present, and future services that Technijian provides to Client.  Additionally, all past, present, and future contracts Client may have with Technijian whether oral, written, and/or implied shall be governed by the changed, amended, and/or modified standard terms and conditions.  

These standard terms and conditions of Technijian are hereby incorporated by reference to any Agreement that Client may have with Technijian.  Should any provision in these standard terms and conditions be in conflict with any terms and conditions of any Agreement Client may have with Technijian, the applicable Agreement shall prevail.  

  • Client’s Responsibilities

 

  • Client is solely responsible for complying with all laws and regulations regarding any Services provided by Technijian for Client at Client’s location(s).  Client is solely responsible for complying with all laws and regulations concerning any hardware, software, data, and information owned by Client.

 

  • Client shall be solely responsible for managing the confidentiality and security of Client access to any Services including but not limited to passwords and account credentials which Client chooses or is assigned.  In addition, Client shall be solely responsible for all activities that may occur under such accounts, passwords and other account credentials.

 

  • Client agrees that Technijian’ s responsibilities and liability do not include the internal management or administration of Client’s electronic mail, file, SharePoint or other data systems.

 

  • Client agrees that it shall not sublicense, distribute, sell, lease, rent, loan, or otherwise transfer the Services to any third party.

 

  • Client agrees that it shall not modify or create derivative works from the Services, and it shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code from the Services; and it shall not remove or modify any copyright or any other proprietary rights notice included in the Services.

 

  • Client agrees that they are solely responsible for the security of their data on their computers and/or servers.  Technijian shall have no liability whatsoever to any breaches, loss, and/or corruption of data on Client’s computer and/or servers.

 

  • Client Data Ownership

 

  • Client has the sole property ownership of all Data archived and/or placed with Technijian, no legal or equitable right, title, or interest in these archived emails, attachments or files shall be conveyed to Technijian. The Data shall be stored and/or archived during the Term of the Agreement only. Upon termination of the Agreement or failure to renew the applicable Agreement, shall end Technijian’s obligation to archive and/or store any Client data. 

 

  • Client hereby gives all necessary permission to Technijian to perform the Services under any Agreement Client may have with Technijian.  These permissions include but are not limited to access to all Client data, files, folders, password, etc.

 

  • Implementation

 

  • Implementation of any of the applicable Services may include but are not limited to activating the archiving services to Client’s email server(s), populate Client’s end users in the archiving system and activate archiving and data replicating process.  

 

  • The implementation process does not include professional engineering services needed to assist Client’s legacy email or file archiving, indexing, and file migration processes that will require the legacy data to be imported or migrated into the archive from Client’s email server(s), individual users’ desktops, or other locations in the network, which is invoiced as the Data Ingestion Process; nor does the process include email restoration, file conversion or un-stubbing the emails, attachments or files back to the email or file servers, the processes will require Technijian Professional Engineering Service Team to support with a fee.

 

  • Termination

 

  • Should any Agreement be terminated with Client for reasons not related to any termination under section twenty-seven (27), Client understands that Technijian shall provide Client with ten (10) days’ notice that any Client data and/or software archived and/or placed with Technijian shall be deleted from Technijian servers.  Technijian shall not delete any Client data and/or software archived and/or placed with Technijian within ten (10) days from the date of any termination pursuant to this section four (4).  Client agrees to and understands that Technijian, Inc. shall have no obligation to hold/store any Client data and/or software on behalf of Client upon termination of any Agreement for any reason whatsoever beyond ten (10) days from the date of any termination pursuant to this section four (4).

 

  • Client hereby agrees to provide 30 days’ written notice to Technijian if Client desires to terminate their services with Technijian during the term of Client’s agreement.  Client shall be liable to pay Technijian for all services and labor costs owed to Technijian up to and including the 30 days’ notice period.  The 30 days’ notice period for all non-labor services provided by Techinijan to Client shall start on the 1st day of the following month when client gave notice.

 

  • Client hereby agrees to provide 30 days’ written notice to Technijian if Client desires not to renew their agreement with Technijian upon the termination of their agreement.  Client shall be liable to pay Technijian for all services and labor costs owed to Technijian up to and including the 30 days’ notice period.  The 30 days’ notice period for all non-labor services provided by Techinijan to Client shall start on the 1st day of the following month when client gave notice.

 

  • Should Client desire to terminate any agreement they may have with Technijian for any reason whatsoever, Client hereby agrees and acknowledges s that Technijian shall authorized to bill Client on the new average amounts of service hours performed by Technijian on the final invoice to Client pursuant to Client’s agreement with Technijijan and Client shall be obligated to pay said invoice.

 

  • Should any Agreement that Client may have with Technijian be terminated pursuant to this section four (4) and/or section twenty-seven (27) prior to the termination date of said Agreement, Client shall be liable to pay Technijian the total amount that would be charged/billed by Technijian through the termination date of the Agreement pursuant to the pricing defined in said Agreement.  Client shall pay this amount to Technijian immediately upon termination of any Agreement.

 

  • Extension

 

  • Should  Client decide to not renew their Agreement upon expiration of the Agreement and by not any breach of the Agreement by Client, Client may request an extension of time for Technijian to store and/or hold Client data (hereinafter referred to as the “Extension”) pursuant to the following conditions:

 

  • Upon Client’s written request, Technijian may grant an Extension for Client to access data archived and/or placed with Technijian.  Client agrees to and understands that they will be charged and Client agrees to pay Technijian for any Extension at the prevailing rates of Technijian.

 

  • The Extension shall not be longer than ninety (90) days from the date of termination of the Agreement.  Clients shall only be able to exercise any extension in the event they terminate the Agreement upon the expiration of the Agreement and have decided to not renew the Agreement. Extensions shall only be made available to Clients whose Agreement has not been terminated by any breach of the Agreement by Client.

 

  • Any Extension requested by Client shall be made by written notice to Technijian no later than fifteen (15) days prior to the expiration of the Agreement.

 

  • Should Client fail to submit to Technijian any payment required for the Extension, including but not limited to software licensing fees, service fees, extension fees etc.  Technijian shall have the sole right to cancel and void any Extension and delete any and all Client data archived and/or placed with Technijian. 

 

  • Should Client desire Technijian to store or transfer any Client data archived and/or placed with Technijian, Client shall provide Technijian written instructions regarding any storage and/or transfer of Client’s data and pay Technijian any applicable fee for any storage and/or transfer at Technijian’ s prevailing rates.

 

  • Technijian shall have no obligation whatsoever to store and/or archive new Client data post termination of any Agreement or during any Extension period.

 

  • Technical Assistance 

 

  • Technijian will provide Client telephone and email technical assistance pursuant to the terms of Client’s Agreement.

 

  • Phone and email support is available Monday through Friday, 9:00 am to 5:00 pm Pacific Standard Time excluding weekends and observed U.S. Holidays. Support availability may occasionally vary from stated hours due to downtime for systems and server maintenance, company events, and circumstances beyond the control of Technijian. Phone support requests will be handled in the order in which they are received. E-mail support requests will be processed within one (1) business day.

 

  • Restrictions

 

  • Services will be provided, to Client in accordance with the terms and conditions of their Agreement.  Technijian shall have no obligation to provide Services and/or any technical support until Technijian has received any payment from the Client pursuant to their Agreement.

 

  • Technijian shall be in no way responsible for any loss or corruption of software used pursuant to the Services and loss or corruption of Client data archived and/or placed with Technijian in any event.  Client understands that Technijian has informed them that loss or corruption of software and data may occur that is beyond the control of Technijian and Technijian has informed Client that they strongly recommend that Client maintain a complete data backup and software backup which is independent from Technijian and a disaster recovery plan. 

 

  • Storage Capacity, Data Transfer, and Server Resources

 

  • Certain Services have allotments for storage capacity of data, data transfer amounts, and bandwidth limits based on the Agreement Client has with Technijian.  Client understands that it is their sole responsibility to monitor their allotments for storage capacity, data transfer, and bandwidth to determine if their current allotments conform to the Client’s need.  Client in most cases can increase their allotments for storage capacity, data transfers, and bandwidth.  Technijian will charge an additional amount at their prevailing rates for such increase.  

 

  • Client understands that should they reach the limit of their storage capacity, new data may be unable to be saved or older data will be deleted in order to allow the new data to be stored. 

 

  • Client understands that bandwidth amounts are an estimate by Technijian and are in no way a guarantee that Client will always be able to have set bandwidth amount.

 

  • Software and Updates

 

  • Should any of the Services provided to Client under any Agreement Client may have with Technijian require any software and applicable updates, Technijian hereby grants Client a limited, nonexclusive, nontransferable, revocable license to use any software and applicable updates solely for use of the Services. Client’s license to use any software and applicable updates shall be automatically revoked if Client is in breach of their Agreement with Technijian or are in violation of any of terms of the Agreement and these standard terms and conditions.

 

  • For any applicable Services used by Client, Technijian will use industry standard practices to ensure that all pre-installed software is correctly configured. In case there is more than one way to configure any software, Technijian will choose the configuration it determines, in its sole discretion, to be the most appropriate. Technijian will install security patches, updates, and service packs as soon as practical. Software updates may change system behavior and functionality and as such may negatively affect Client’s applications. Technijian cannot foresee nor can it be responsible for service disruption or changes in functionality or performance due to implementation of software patches and upgrades. If such disruption or changes occur, Technijian will provide its best efforts to remedy the situation as soon as possible after being notified of such problem by Client.

 

  • Technijian may be required by its software licensors to upgrade to the latest versions of the software. Licensor required upgrades will be performed free of charge and upon reasonable notice to Client. Software upgrades on Technijian's servers will occur at Technijian's discretion upon reasonable notice to Client. Technijian is not responsible for problems that may arise from incompatibilities between new versions of any software they may need to install and Client’s systems, web application, and/or database regardless of whether it was a requested, required or a discretionary upgrade. 

Technijian shall not be liable/responsible for any bugs in software they may use. 

 

  • Dispute Resolution

 

  • The parties shall attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against Technijian, Inc., its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Technijian, Inc.”) arising out of or relating to any order agreement, Technijian, Inc. advertising, or any related purchase (a "Dispute”) through the following methods in order:

 

  • Prior to any mediation and/or arbitration Client agrees to send Technijian written request detailing the Client’s alleged problem and requesting for the issue that Client may be experiencing to be resolved through communication by Client and Technijian (hereinafter referred to as “Informal Dispute Resolution”).  Technijian shall communicate with Client for the process of the Informal Dispute Resolution.  Client agrees that they shall not be entitled to proceed with any mediation, arbitration, and/or court action until the requirement of Informal Dispute Resolution has been completed without resolution.  Client shall not be entitled to terminate any agreement they may have with Technijian and/or declare an anticipatory breach by Technijian at the request for Informal Dispute Resolution.

 

  •  Should the Informal Dispute Resolution not result in resolution of the issue, Client hereby agrees to mediation of the issue/dispute in the County of Orange, State of California

 

  • Should the parties be unable to resolve the Dispute through mediation, the parties agree to resolve the dispute through binding arbitration.  Said arbitration shall be located in the County of Orange, State of California.  

 

  • Any mediation and/or arbitration shall be subject to laws of the State of California and administered pursuant to California Code of Civil Procedure.  

 

  • Exclusive venue of any mediations and/or arbitration shall be in the County of Orange, State of California.  

 

  • Any arbitrations award shall be a full and final award and may be entered in to as a judgment with a court of competent jurisdiction. 

 

  • Late Payment/Interest

 

  • Client agrees to and understands that Techinijian shall be entitled to charge interest on any late payments by Client at a rate of 18% per year or legally permitted by law.  Interest shall begin at the time payment was due to Technijian, regardless if the payment amount is subject to a Informal Dispute Resolution, mediation, arbitration, and/or any court proceeding.

 

  • Confidentiality and Proprietary Information

 

  • Technijian expects to disclose to Client and their officers, directors, employees, representatives, sub-contractors and agents (collectively, the “Client Representatives”) certain trade and business information, operations, plans, trade secrets, data, know how, techniques, software code, computer code, and other materials and information in whatever form provided which is  proprietary and confidential information of Technijian (The “Confidential Information”) in connection with the Services provided by Technijian to Client.

 

  • Client on behalf of itself and each of the Client Representatives, agree that it shall not use the Confidential Information in any manner that may cause Technijian financial losses, harm and/or damages.

 

  • Client on behalf of itself and each of the Client Representatives, further agrees that it shall hold the Confidential information in strict confidence, that it shall not disclose any of the Confidential Information to anyone in any manner except in accordance with any Agreement with Technijian and that is shall use its best efforts to prevent disclosure of the Confidential Information to any unauthorized persons and/or entities.

 

  • Client’s obligations as set forth above shall not apply to any information, whether or not such information is Confidential Information for purposes of any Agreement between Technijian and Client, if such Confidential Information: (a) was publicly available or in the public domain at the time it was communicated to Client by Technijian or (b) is or becomes publicly available or public domain information through no fault of Client or any Client Representative subsequent to the time it was communicated to Client by Technijian; or (c) is in Client’s possession free of any obligation of confidentiality to the Technijian at the time it was communicated to Client by Technijian.

 

  • All written Confidential Information and written materials together with all copies thereof, related thereto furnished to Client by Technijian shall at all times remain the property of Technijian and shall promptly be returned by Client to Technijian or destroyed by Client upon the request of Technijian.  Should any Confidential Information be destroyed, Client shall provide Technijian written confirmation of said destruction.  Nothing in this Confidentiality Agreement is intended to or shall otherwise operate to grant or transfer to Client any rights under any patent, trademark, trade secret or copyright, or any rights in or to any of the Confidential Information.

 

  • Sub-Contractors

 

  • Client hereby understands and agrees that Technijian may engage and/or hire certain subcontractors and third (3rd) parties in providing the Services to Client pursuant to their Agreement.

 

  • Credits/Refunds

 

  • Client hereby understands and acknowledges that they will not be entitled to any credit and/or refund (partial or in whole) for any of the Services being “down” due to outages, routine maintenance, upgrades, and down time of Technijian systems, computers, and servers.

 

  • Force Majeure 

 

  • Neither Technijian and/or Client shall be liable to the other for any failure to perform or delay in performance of any Agreement where such failure or delay is occasioned by Force Majeure or an Act of God (including but not limited to fire, embargo, labor strike or interruption of electrical services), or circumstances beyond such party’s control.

 

  • Intellectual Property/Work Product

 

  • Technijian shall retain all rights, title, and interest in and to all of its intellectual property, work product, know how, techniques that may be owned, acquired, or developed in connection with Technijian providing Services to Client (hereinafter referred to as “IP”).

 

  • Nothing in the performance of Technijian providing the Services to Client will be construed as a grant to Client of any rights, title, or interest in or to the IP, except as granted by Technijian to Client in written agreement.

 

  • Client hereby agrees to not reverse engineer or decompile any IP of Technijian, nor attempt to do so, nor assist anyone else to do so.

 

  • Maintenance /Downtime

 

  • Client hereby acknowledges and understands that from time to time the systems of Technijian may be down due to routine maintenance, outages, emergency maintenance, and repairs.  Client acknowledges that the Services provided by Technijian will not be available during these periods.  Client understands that maintenance, outages, and repairs are normal and customary as does not give rise to a breach of the Agreement by Technijian. Technijian will use industry standard practices for to perform and/or fix any maintenance, outages, emergency maintenance, and repairs and use their best efforts to minimize any downtime and/or outage.  Client further acknowledges that they will not be entitled to a refund, credit and/or cancellation of any Agreement due to any maintenance, outages, and downtime.

 

  • Client acknowledges that they have been informed by Technijian that routine maintenance on the system of Technijian are scheduled for Tuesday evenings and Saturdays each week (hereinafter referred to as “Routine Maintenance”) and that Technijian systems will be off line and Technijian is not able to provide Services to the Client during Routine Maintenance.  Client hereby acknowledges that Technijian shall not be in breach of any Agreement due to routine maintenance.  Client further acknowledges that they will not be entitled to a refund, credit and/or cancellation of any Agreement due to Routine Maintenance.

 

  • On occasion, Technijian may have to replace certain hardware including but not limited to computers, servers, routers, network switches etc.  Technijian will use industry standard practices to determine any hardware malfunction and use their best efforts to repair/replace any malfunctioning hardware to minimize any downtime and/or outage.

 

  • High Risk of Use

 

  • Client hereby acknowledges and understands that they shall not use any of the Services that could result in death, serious injury, environmental damage or property damage. Examples of prohibited uses include medical life support devices, water treatment facilities, nuclear facilities, weapons systems, chemical facilities, mass transportation, aviation and flammable environments.  Client understands that the above list of high risk uses is not complete and final and include other uses and the above list is merely for descriptive purposes and not a complete list.  Client acknowledges that Technijian makes no assurances and/or representations that the Services are suitable for any high-risk use.

 

  • Disclaimer of Warranties

 

  • TECHNIJIAN MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ANY SERVICES PROVIDED TO CLIENT BY TECHNIJIAN.  INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN CONNECTION WITH THE SERVICES, OR ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES OR THE RESULTS OF ANY RECOMMENDATION TECHNIJIAN MAY MAKE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES CONCERNING THE PERFORMANCE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DELIVERABLES OR OF ANY SYSTEM THAT MAY RESULT FROM THE IMPLEMENTATION OF ANY RECOMMENDATION TECHNIJIAN MAY PROVIDE. 

 

  • CLIENT HEREBY ACKNOWLEDGES THAT THE SERVICES PROVIDED TO CLIENT BY TECHNIJIAN ARE PROVIDED ON AN “AS IS” BASIS.  CLIENT’S USE OF ANY OF HE SERVICES IS AT THEIR OWN RISK.

 

 

  • LIMITATION OF LIABILITY

 

  • TECHNIJIAN DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND TECHNICAL ASSISTANCE.  TECHNIJIAN SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. CLIENT AGREES THAT FOR ANY LIABILITY RELATED TO THE SERVICES, TECHNIJIAN IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CLIENT FOR ONE (1) YEAR OF THE SERVICES THAT ANY ALLEGED DAMAGES INCURRED FROM.

 

  • ADDITIONALLY, TECHNIJIAN SHALL NOT BE LIABLE FOR ANY CLAIMS/LIABILITY REGARDING PIRATING AND/OR INFRINGEMENT RELATED TO THE CLIENT’S USE OF ANY OF THE SERVICES PROVIDED TO CLIENT FROM TECHNIJIAN.  CLIENT SHALL BE SOLELY LIABLE FOR ANY CLAIMS/LIABILITY OF PIRATING AND/OR INFRINGEMENT FROM THEIR USE OF ANY SERVICES FROM TECHNIJIAN.

 

  • Modifications/Alterations

 

  • The Agreement and these standard terms and conditions shall not be altered and/or modified without prior written agreement/contract executed by both Technijian and Client. 

 

  • Assignment

 

  • Client may not assign and/or transfer any Agreement they may have with Technijian without the prior written authorization of Technijian. 

 

  • Governing Law

 

  • These standard terms and conditions and any Agreement shall be governed by the laws of the State of California. For the purpose of resolving conflicts related to or arising out of this any agreement, the parties expressly agree that venue shall be in the State of California, County of Orange.  In addition, the parties hereby expressly consent to the exclusive jurisdiction and venue of the state courts in the County of Orange, State of California.

 

  • Arbitration/Venue

 

  • If any dispute arises from these standard terms and conditions and any Agreement, such dispute shall be determined binding arbitration as a full and final decision on such dispute.

 

  • The sole and exclusive venue for any litigation, arbitration, and/or mediation shall be in Orange County, California.

 

  • Attorney Fees and Costs

 

  • Should any litigation, suit, arbitration, and/or mediation occur regarding a payment dispute for services provided by Technijian and/or invoice amounts from Technijian the prevailing Party shall be entitled to recover their reasonable attorney fees and costs from the non-prevailing Party.  

 

  • Should any litigation, suit, arbitration, and/or mediation occur regarding any errors or omissions of Technijian that would normally be submitted to Technijian’s error and omission insurance carrier, each Party shall be liable liable for their own attorney fees and costs.  

 

  • Waiver

 

  • The failure of either party to enforce at any time or for any period of time the terms of these standard terms and conditions and any Agreement shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.

 

  • Severability

 

  • If any term or condition in these standard terms and conditions and/or any Agreement is held void or unenforceable, it shall be severed, and every other provision shall be enforced as if the void or unenforceable term or condition had never been a part hereof. The parties agree that any court, mediator, and/or arbitrator shall be entitled to read the otherwise invalid provision as narrowly as is necessary to make it valid and enforceable. Both parties hereby agree such scope may be judicially modified accordingly in any enforcement proceeding. Both parties agree that the covenants contained herein are necessary for protection of legitimate business interests and are reasonable in scope and content.

 

  • Illegal/Unethical Conduct

 

  • At the sole determination and discretion of Technijian, should it be determined that Client is using any of the Services provided by Technijian to Client in an illegal and/or unethical manner, Technijian will have the right at their discretion to cancel immediately any Agreement with Client may have with Technijian.  Client shall have no right to any refund and/or credit from Technijian pursuant to the cancellation of any Agreement cancelled pursuant to this section.

 

  • Exclusivity

 

  • Client understands and agrees that any of the Services provided to Client by Technijian, are provided on a non-exclusive basis.  Should Client wish to have any Agreement with Technijian on an exclusive basis, Client shall enter in to a new written agreement with Technijian for exclusive rights.  Client understands that the terms of an exclusive agreement may change.  The terms that may be changed include but are not limited to pricing, duration, scope etc.

 

  • Client understands and agrees that Technijian shall own and use for any purpose as they deem necessary any technology, know-how improvements, and variations that may be created by Technijian in the performance of any Agreement Client may have with Technijian.

 

  • Relationship

 

  • For the purposes of any Agreement Client may have executed with Technijian, Technijian is providing the Services to Client as an independent contractor. Nothing in these standard terms and conditions and any Agreement Client may have with Technijian shall be intended to create or shall be deemed to create a partnership, employment, limited partnership, joint venture, professional company, corporation, limited liability company, and/or the like, or any other relationship between the Client and Technijian other than that of an independent contractor relationship.  Client shall have no authority whatsoever to represent themselves as an agent of Technijian and bind Technijian to any obligation, agreement, and contract whatsoever.

 

  • Entire Agreement

 

  • Any Agreement Client may have with Technijian and these standard terms and conditions are the full and final understanding of the parties.  Any Agreement Client may have with Technijian and these standard terms and conditions supersedes any and all prior understandings and agreements between Technijian and the Client whether written or oral.

 

Friday, July 15, 2016

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