4. Limited guarantee: (a) MA SOCIÉTÉ guarantees for a period of thirty (30) days after delivery (the “guarantee period”) that all services are provided professionally in accordance with universal industrial standards. The exclusive liability (and exclusive recourse of the customer) for any violation of this guarantee is that MY company will again provide defective services or, if MY SOCIÉTÉ is unable to remedy this defect within thirty (30) days, cancels the invoice for defective services. MA SOCIÉTÉ IS NOT OBLIGATORY IN WHAT A GARANTIE RIGHT: (i) if it is informed of this right after the expiry of the warranty period or (ii) if the claim is the result of the hardware or software of a third party, the action of the customer or another party, or other factors that are not subject to the appropriate control of MY COMPANY. It allows organizations to focus on key concerns such as the objectives, objectives and timing of a separate project. In addition, MSA helps software developers (outsourcing companies) and their customers avoid contractual disputes or possible legal action. It can indicate who is responsible for failures, unexpected costs or mental damage, thus providing guarantees and compensation for both parties. When certain disputes arise, meticulously described MSA helps speed up the identification of the culprit, which helps in the allocation of risks. If you own or manage a company that licenses or provides application software to its customers, you need a software license agreement or as-a-service software. This agreement is intended to protect your intellectual property rights and your interests as a business, ensuring that the software can only be used by qualified customers and that those customers must use the software in certain parameters that you can set.
Individual projects should have each party`s participation in the operating process and performance control, as described in a separate SOW. However, the Master Service Agreement can mention the entire software development management structure. Companies can even establish a management guide appendix that will clarify their administrative tasks. 5. Liquidated Damages for HIRING MY COMPANY EMPLOYEES: If, for the duration of the agreement or twelve months after, the client directly or indirectly retains the services (whether employee, self-employed or other) of an employee of MY COMPANY (or ex-employee within three months of the end of the MY COMPANY employee) who provided services to the client on behalf of my COMPANY , but the amount of such damage will be difficult to determine. As a result, the client agrees that the client will pay for each employee of this type of MY COMPANY hired by the client, MY COMPANY twenty-five thousand dollars ($25,000) as liquidated damages. Notwithstanding the above, the “MY COMPANY collaborator” within the meaning of this section 5 includes only MY COMPANY employees who provide services to MY COMPANY clients, not accountants, lawyers or other independent contractors of MY COMPANY who provide services to MY COMPANY itself. Section setting limits on liability. As a general rule, both parties are not liable for indirect or consecutive damages. However, if exceptions are made, they should be mentioned in the MSA.
In addition, the agreement lists the employees and partners involved who deal with the risks of operational incidents resulting in direct losses.