Changes to these Terms
These Terms may be revised at any time. Delsosa IT Consulting will display a notice when these Terms have been revised. Your continued use of the Site after the notice appears constitutes your acceptance of the revised Terms.
Customer Responsibilities: As the customer you are responsible for making the equipment, along with the appropriate consumable supplies (such as paper, ribbon & Ink), available to Integrated service personnel. You fully understand and agree that you shall not hold DELSOSA IT CONSULTING LLC, its owners, employees, suppliers, affiliates and their respective directors and employees against all actions under any circumstance for any loss or corruption of data and/or software. Backup is strictly your responsibility including but not limited to the registry, operating system files, documents, photos, videos, music, programs and drivers.
Independent Consultant: Subject to the terms and conditions of this Agreement, the Company hereby engages the Consultant as an independent consultant to perform the services set forth herein, and the Consultant hereby accepts such engagement.
Duties, Term, and Compensation: The Consultant’s duties, term of engagement, compensation, and provisions for payment thereof shall be as set forth in the estimate previously provided to the Company by the Consultant and which is attached as Exhibit A, which may be amended in writing from time to time or supplemented with subsequent estimates for services to be rendered by the Consultant and agreed to by the Company and which collectively are hereby incorporated by reference.
Expenses: During the term of this Agreement, the Consultant shall bill and the Company shall reimburse him/her for all reasonable and approved out-of-pocket expenses that are incurred in connection with the performance of the duties hereunder.
Written Reports: The Company may request that project plans, progress reports, and a final results report be provided by the Consultant on a periodic basis.
Inventions: Any and all inventions, discoveries, developments, and innovations conceived by the Consultant during this engagement relative to the duties under this Agreement shall be the exclusive property of the Company, and the Consultant hereby assigns all right, title, and interest in the same to the Company.
Any and all inventions, discoveries, developments and innovations conceived by the Consultant prior to the term of this Agreement and utilized by him/her in rendering duties to the Company are hereby licensed to the Company for use in its operations and for an infinite duration. This license is nonexclusive and may be assigned without the Consultant’s prior written approval by the Company to a wholly owned subsidiary of the Company.
Confidentiality: The Consultant acknowledges that during the engagement he/she will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records, and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business including, without limitation, the Company’s business and product processes, methods, customer lists, accounts, and procedures.
The Consultant agrees that he/she will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the Company.
All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Company, whether prepared by the Consultant or otherwise coming into his/her possession, shall remain the exclusive property of the Company.
The Consultant shall not retain any copies of the foregoing without the Company’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, the Consultant shall immediately deliver to the Company all such files, records, documents, specifications, information, and other items in his/her possession or under his/her control.
The Consultant further agrees that he/she will not disclose his/her retention as an independent consultant or the terms of this Agreement to any person without the prior written consent of the Company and shall at all times preserve the confidential
Scheduling: Our hours of operation are Monday – Saturday, 9AM – 9PM. Additional charges may apply for any services outside our customary hours. Onsite Emergency service is anytime between 10PM and 6AM Monday – Sunday.
Billable Work: The cost of service will be calculated in adherence with Delsosa rates for time of service as well as cost of materials.
Limitation of Liability: Delsosa is not responsible for any loss of kind including loss of software, data, or failure of hardware caused directly or indirectly by the use of hardware/software, except by negligence of Delsosa consultants. Under no circumstances will DELSOSA or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, or consequential)
Termination of Service: Delsosa reserves full rights to at any one time modify, reconstruct or discontinue, temporarily or permanently, any or all portions of our ‘Service’ with or without prior notice to you. You agree that we will not be liable to you or any third party for any termination of your access to your ‘Service.’