General Software Development Support Policy
The general terms, policies, warranties and conditions of Devmatics, LLC.
Last Updated On November 27, 2018
BILLING RATE & PAYMENT
Our standard billing rate for any support services is $150 USD per hour. Unless previously agreed upon with client. Our time is billed in 30 minutes increments. Clients are responsible for any out-of-pocket costs incurred by Devmatics.
Devmatics bills at the last day of the month for all services incurred that month. Payment terms are net 10 unless previously agreed upon with the client. All payments must be in United States Dollars. Acceptable forms of payment include checks, ACH transfers, or wire transfers.
TASKS & REQUESTS
SUPPORT TIMELINE & HOURS
Unless otherwise previously agreed upon, Devmatics general support hours will be 8AM PT to 5PM PT, Monday through Friday with the exception of US holidays.
Devmatics at its sole desecration will determined the priority and timeline for support requests. Devmatics will make every effort to communicate the status and progress of a client request.
Our work is warrantied against all bugs in our code. If the issue is an external factor, client’s system causing an issue, issue with a 3rd party system, etc., then we will have an open dialog about covering repair times.
It is to be noted that any tasks or enhancements or feature specification change or architecture changes related task beyond the functional requirements given in this agreement, shall not be considered as bugs or defects in the code, and those shall be done by Devmatics by taking separate time efforts and billed at our standard support rate.
Devmatics shall have no obligation to investigate or correct problems (including errors) that cannot be reproduced by Devmatics based on information provided by Customer; or that cannot be remedied due either to the operational characteristics of the computer equipment on which the Software is used; or to modifications to the Software made by Customer or any third party.
Devmatics will use commercially reasonable efforts to provide the services under this Agreement; however, Customer acknowledges that Devmatics cannot guarantee that every question, problem, issue or Error reported by Customer can or will be resolved. Nothing in this Agreement shall expand or add to any warranty for the Software. The terms of this Agreement, including without limitation, any obligation of Devmatics to provide support and maintenance hereunder, apply to Customers purchasing support and maintenance for Software licensed directly from Devmatics. Except as otherwise agreed to in writing, this Agreement shall not apply to, or obligate Devmatics to provide, any support and maintenance services for Devmatics products.
THIRD PARTY SOFTWARE
If Customer identifies a programming error or non-conformity in a third party product being utilized by Customer as part of a Project, which third party product interacts with one or more Software, Devmatics will use commercially reasonable efforts to coordinate with the third party support provider and will use commercially reasonable efforts to assist such support provider in addressing the error or problem for Customer. The customer must provide Devmatics with all necessary hardware, software, access, information and any other items or information reasonably required by Devmatics to enable Devmatics to perform such assistance described herein. Notwithstanding the foregoing, and except with respect to any third party product incorporated in Software as provided to Customer by Devmatics, nothing herein shall obligate Devmatics to provide support, maintenance or other services with respect to any third party product. All such support and maintenance is the responsibility of Customer and its vendors.
Devmatics is an independent contractor to the customer. Devmatics shall determine the manner in which the services are to be performed, the allocation of the workload amongst the its resources, the location of where services are performed, and the specific hours to be worked by the its staff.
Further, Devmatics is not and will not be considered as an agent or employee of Customer for any purpose. The Customer is not responsible for and will not deduct or withhold from payments to Contractor any amounts for federal or state taxes, FICA, insurance, or any other deductions or withholdings for employees; and Devmatics shall be exclusively responsible for paying all such items in a timely manner as may be required by applicable law.
Neither Party shall disclose the other Party’s Confidential Information to any person other than its employees, officers, directors, affiliates, agents and representatives who are bound by obligations of confidentiality and who have a need to know such information in order to perform their obligations in connection with the Research. Each Party may only use the other Party’s Confidential Information as permitted to perform its respective obligations under this Agreement. “Confidential Information” means any information disclosed by a Party to the other Party that is reasonably expected to be treated in a confidential manner under the circumstances of disclosure under this Agreement or by the nature of the information itself.
OWNERSHIP OF SOURCE CODE AND INTELLECTUAL PROPERTY
Unless otherwise agreed upon Devmatics is the sole owner of any intellectual property, source code, proprietary methods, etc. generated on-behalf of a client. The client is granted a worldwide, perpetual, royalty-free license to use the intellectual property generated by Devmatics inside their organization.
Devmatics reserves the right to use any code internally created for other client engagements or for any other projects.
NO END USER SUPPORT AND MAINTENANCE
Unless perviously agreed upon, Devmatics has no obligation to provide any support and/or maintenance services to Customers’ licensees, end-users, customers, or any other third party.
THIRD PARTY LIABILITY ACKNOWLEDGEMENT
Devmatics will provide guidance, recommendations, development, and consulting services to the customer regarding technology. However, the ultimate responsibility of the continuity of operation of the IT systems remains with the customer. This includes but not limited to components such as security, intrusion prevention, end-user support, legal compliance, tax compliance, labor compliance, help desk support, maintenance, data backup, and management.
Additionally, the Devmatics disclaims any liability associated with any 3rd party provider the customer might engage for the benefit of their operations. This includes but not limited to services such as infrastructure providers, web hosting, email hosting, telecommunication hosting, managed services of the client’s account, remote backup services, payment processing, and other related technical and professional services.
LIMITATION OF LIABILITY
Devmatics and its licensors shall not be liable to customer or any third party for any loss of profits, revenue or goodwill, costs of procurement of substitute goods or services, loss or interruption of business, loss of anticipated savings, or loss of data, or any indirect, exemplary, punitive, special, incidental or consequential damages of any kind arising from or related to this agreement, however caused and regardless of the form of action whether in contract, tort (including negligence), strict product liability or any other legal or equitable theory even if Devmatics has been advised of the possibility of such damages. In no event will Devmatics’s aggregate cumulative liability for any claims arising out of or related to this agreement exceed the fees paid to Devmatics by customer hereunder for the then-current support term.
Devmatics and its licensors provide no warranty, express, implied, or statutory including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement of Third party rights related to the updates, patches, upgrades, workarounds or any software, services, maintenance services or support that may be provided hereunder.
NO AGENCY OR OTHER RELATIONSHIP
Nothing in this Agreement is intended to or shall create a partnership, joint venture or any other relationship; and neither Devmatics nor customer shall have the right or authority to act on behalf of or to bind the other party to any obligation or liability as agent or otherwise.