Orange County NC Website
Browse       Search
<br /> <br />4/2/2019 Orange County North Carolina-BSA-NC-FL-77314 PAGE 5 <br />STATEMENT OF WORK <br />Orange County North Carolina <br />5.0 ACCEPTANCE OF SERVICES <br />Upon ePlus’ completion of a task or Service performed, ePlus shall notify Customer by providing a time sheet for <br />signature or a Milestone/Service Completion Certificate (“MCC”). Customer has five (5) working days from the <br />completion of the Services or task, as applicable, to accept the work performed as being complete. Signing of the <br />time sheet or MCC, or Customer’s failure to respond to the time sheet or MCC within the designated five (5) <br />working day period, signifies Customer’s acceptance of the task and that Services have been performed in <br />accordance with this BSA. In order to refuse acceptance of the Services, Customer must provide ePlus with full <br />details that show that Services do not conform to the BSA. ePlus shall address such non-conformance in a timely <br />manner and shall compile an action plan to correct any deficiencies. Acceptance may not be withheld due to <br />defects in Services that do not represent a material non-conformance with the requirements of the BSA. <br />6.0 DISCLAIMER <br />6.1 EPLUS WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM THE SERVICES, TO THE EXTENT THAT THE FAILURE IS CAUSED BY <br />CUSTOMER’S LACK OF COOPERATION. <br />6.2 EPLUS WILL NOT BE HELD RESPONSIBLE FOR DATA LOSS. BACKUPS SHOULD BE PERFORMED PRIOR TO WORK STARTING. ALL <br />DATA IS THE RESPONSIBILITY OF THE CUSTOMER. <br />6.3 EPLUS WILL NOT BE HELD LIABLE FOR SOFTWARE LICENSE COMPLIANCE. SOFTWARE LICENSE COMPLIANCE IS BETWEEN THE <br />CUSTOMER AND THE SOFTWARE COMPANY. <br />6.4 EPLUS WILL NOT BE HELD FOR ADDITIONAL WORK NOT LISTED IN THIS BSA. AN ADDENDUM MUST BE WRITTEN AND APPROVED <br />BY BOTH EPLUS AND THE CUSTOMER BEFORE ADDITIONAL WORK CAN BE STARTED. <br />6.5 EPLUS WILL NOT BE HELD RESPONSIBLE FOR DELAYS OR FAILURES TO PERFORM HEREUNDER DUE TO CAUSES BEYOND ITS <br />REASONABLE CONTROL (INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, FIRE, FLOOD, WAR, EXPLOSION, SABOTAGE, <br />TERRORISM, EMBARGO, CIVIL COMMOTION, ACTS OR OMISSIONS OF ANY GOVERNMENT ENTITY, SUPPLIER DELAYS, <br />COMMUNICATIONS OR POWER FAILURE, EQUIPMENT OR SOFTWARE MALFUNCTION, OR LABOR DISPUTES). <br />6.6 EPLUS WILL NOT BE HELD RESPONSIBLE FOR DELAYS OR FAILURES TO PERFORM RELATED TO THE CUSTOM CONFIGURED OR <br />SPECIALIZED HARDWARE OR SOFTWARE NEEDING MODIFICATION BY THE MANUFACTURER. <br />6.7 EPLUS WILL NOT BE HELD RESPONSIBLE FOR DELAYS OR FAILURES TO PERFORM RELATED TO THE DATA CONVERSION BEING <br />PERFORMED BY THE CUSTOM CONFIGURED OR SPECIALIZED SOFTWARE MANUFACTURER. <br />6.8 CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS ALL RIGHT, TITLE AND INTEREST IN AND TO ANY DATA FURNISHED IN <br />CONNECTION WITH THE SERVICES AND/OR THAT IT HAS OBTAINED ALL NECESSARY CONSENTS, PERMISSIONS AND RELEASES <br />NECESSARY FOR EPLUS TO PERFORM ITS OBLIGATIONS UNDER THIS SOW. <br /> <br /> <br /> <br /> <br /> <br /> <br />DocuSign Envelope ID: 7A2DAB3D-E282-414C-964B-4E2667348C8B