Thank you for Your working with SPES. SPES works very hard to make sure its services are of the highest quality. By accepting this agreement You expressly agree that ALL work performed under this document is subject to SPES’s Terms and Conditions as fully set forth below: SPES shall use reasonable efforts to perform services to conform to generally accepted industry standards, provided that (a) the operating environment, including both hardware and systems software, generally meets recommended specifications or You have notified SPES otherwise; (b) the computer hardware is in good operational order and is installed in a suitable operating environment unless You promptly notify SPES of its need for service; and, (c) You provide adequate troubleshooting information and access so that SPES can identify and address problems. You agree to pay SPES in accordance with its invoice for services rendered and if you are more than 15 days late in paying SPES’ invoice a late fee of 6% of the outstanding amount owed will be assessed and deemed part of the amount owed. THERE ARE NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES TO BE PROVIDED BY SPES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, YOU AGREE TO LIMIT THE AMOUNT OF ANY AND ALL RECOVERIES OR CLAIMS THAT YOU MAY SEEK OR RECEIVE FROM SPES TO THE AMOUNTS OWED TO SPES UNDER ITS INVOICE. Your sole and exclusive remedy and SPES’s only obligation is to redo the services until they conform to Your specifications or conform to accepted industry standards. In the event that these services cannot be provided within a reasonable time after notification, Your sole and exclusive remedy is then to receive a refund of any fees paid for the period beginning on the date the problem requiring correction was reported to SPES. Contractor is and shall be an independent contractor.
