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SECURUS <br />Technologies <br />connecting what matters' <br />(b) At Provider's sole and reasonable discretion, certain of the selected Applications wlll be made available only <br />during times which would not otherwise interfere with the use of Provider's revenue generating Applications and <br />services. <br />(c) Applications ordered by Customer may be disabled by Customer at any time during the Term of the Agreement <br />upon wrltten notice to Provider by an authorized representative of customer; provided, however, Customer shall <br />remain responsible for paying the Annual Subscription and Hosting Fee according to the Agreement, this <br />Schedule and Sales Order Form(s) set forth In Attachment 1, unless otherwise agreed by both parties pursuant <br />to a written and signed amendment. <br />(d) Provider may deny the publication of certain documents, videos or forms In connection with the Service, if In <br />Provider's sole and reasonable discretion, such materlals are In conflict with the provision of Provider's Service <br />hereunder. <br />(e) Customer shall allow Provider to display videos, documents and dlgltal messages to Inmates through ConnectUs <br />to promote Provider's new and existing services, products and features. <br />(f) Provider Is not responsible and hereby disclaims any liability for any and all content of the third party <br />Appllcatlons and any documents, videos or forms published by Customer or from outside sources. <br />3. FEiES AND PAYMENT TERMS_ <br />3.1 Securus will fund the Total Cost Identified on the attached sales Order Form. If the Agreement Is terminated for <br />any reason before the end of the Term, Customer will refund the prorated amount of the Total Cost as set forth <br />In the attached Sales Order Form. Customer wlll pay such refund within 10 days after such termination, or, at <br />Provider's election, Provider may deduct the refund from any Commission owed to Customer. <br />3.2 Provider's fees do not Include any governmental taxes, assessments, fees, or duties that may be applicable In <br />connection with the transactions contemplated by this Schedule ("Taxes''). Customer wlll be responsible for <br />paying all Taxes, except for taxes based on Provider's net Income or Its authority to do business within a given <br />jurisdiction. If Provider has a legal obligation to pay or collect Taxes for which Customer Is responsible under <br />this Schedule, then the appropriate amount will be Invoiced to and paid by Customer, unless customer specifies <br />In the applicable Sales Order Form that It clatms tax exempt status for amounts due under the Agreement and <br />provides Provider a valid tax exemption certificate (authorized by the applicable governmental authority) at least <br />five (5) business days prior to the date of the applicable Provider Invoice. <br />4. WARRANTIES .AND LIMITATIONS <br />4.1 serv1ce warranttes . <br />(a) Provider warrants that the services It provides as contemplated In and by this Schedule will be performed In a <br />good and workmanlike manner consistent with Industry standards and practices. Provider further warrants that <br />Its agent(s) and/or employee(s) utilized by It In the performance of Its obligations under this Schedule wlll be <br />qualified to perform the contracted services. Should any errors or omissions arise In the rendering of the <br />services under this Schedule, Provider will undertake to correct such errors or omissions within a reasonable time <br />period, If Customer purchases from Provider any hardware components In connection with the services <br />hereunder ("Hardware Components''), Provider warrants such components to be free from material defects <br />under normal use, maintenance and service for a period of twelve (12) months from the date of Installation of <br />the Hardware Components. <br />(b) Provider makes no warranty with respect to low performance, damages or defects In any Hardware Component <br />caused by misuse, misapplication, neglect or accident, nor does Provider make any warranty as to any Hardware <br />Component that has been repaired or altered In any way, which, In the sole judgment of Provider affects the <br />performance or purpose for which the Hardware component was manufactured. <br />4.2 Umltatlon of Warrant.y . <br />(a) THE WARRANTY OBUGATIONS OF PROVIDER WITH RESPECT TO THE HARDWARE COMPONENTS ARE <br />STRICTLY UMITED TO THE REPLACEMENT OF ANY DEFECTIVE HARDWARE COMPONENT. IN NO EVENT AND <br />UNDER NO ORCUMSTANCES SHALL THE LIABILITY OF PROVIDER EXCEED THE UNIT PRICE PAID BY <br />CUSTOMER FOR ANY DEFECTIVE HARDWARE COMPONENT OR PART THEREOF, <br />(b) EXCEPT AS EXPRESSLY SEf FORTH HEREIN OR IN A SCHEDULE TO THE AGREEMENT, THE SERVICES AND ANY <br />HARDWARE COMPONENT TO BE PROVIDED HEREUNDER ARE PROVIDED WITHOUT ANY OTHER WARRANTY <br />OR GUARANTY OF ANY KIND AND PROVIDER DISCLAIMS ANY OTHER EXPRESS OR IMPLIED WARRANTY, <br />Page 3 ofB <br />@ SECURUS Technologies, Inc. -Proprietary & Confidential