TERMS AND CONDITIONS
In addition to what may already be stated in other parts or sections of this Plan, the following will also apply:
- Quality of Work: Metinteractive shall perform work in a professional workmanship-like manner and in accordance with the agreed upon and approved scope of work between Metinteractive and Client.
- Non-Union Labor: Metinteractive’s technical staff are non-union employees. All work performed will be as non-union labor unless specified differently within a contract between Metinteractive and Client.
- Subcontractors and Third Parties: Metinteractive may subcontract services to third parties, and Client retains the right to evaluate, review, accept, deny and request replacement of any sub-contractor personnel that Metinteractive employs to perform the services provided there is due cause. Metinteractive agrees and acknowledges that it will be responsible for any such third-party provider/contractor’s performance, as well as all security and confidentiality requirements as if Metinteractive had performed the services.
- Jurisdiction: Metinteractive and Client agree that any contracts will be governed by and construed in accordance with the laws of the State of Connecticut.
- Insurance: Metinteractive will submit, upon request, a certificate of insurance stating type and amount of coverage for: General Liability, Automobile Liability, and Worker’s Compensation. Should Client require greater coverage or additional insurers listed on the policy, additional charges may apply. Metinteractive’s insurance company must approve all additional insurers and any specific wording required.
- Indemnification: To the maximum extent permitted by law, and except where caused by the gross negligence or intentional misconduct, Client agrees to indemnify, defend and hold harmless Metinteractive, its directors, officers, trustees, members, volunteers, officials, agents, employees, attorneys, affiliates, representatives, successors and assigns from and against any and all liabilities, obligations, damages, claims, actions, proceedings, losses, costs and expenses (including reasonable attorneys’ fees and costs) (the “Losses”) arising in whole or in part out of, connected with or resulting from the Services to be performed by Metinteractive or otherwise under a Contract including, without limitation, any actual or alleged negligent or wrongful act, error or omission by Metinteractive or any of Metinteractive’s associates or any breach by Metinteractive or any of Metinteractive’s associates of or other failure to perform the obligations under any contract.
- Cancellation; Force Majeure: Neither party will be held liable for failure to fulfill its obligations hereunder if such failure is due to a Force Majeure Event (defined below). A “Force Majeure Event” shall mean an act or declaration of war; terrorist act or threat; riot or civil commotion; an act or regulation of public authority (including any public health or safety warning, advisory, or recommendations thereunder); epidemic, pandemic, local disease outbreak, or any other public health emergency; declaration of a national or regional state of emergency; quarantine or embargo; fire; earthquake; natural disaster; lockout or strike or other labor dispute; substantial interruption in, or substantial delay or failure of, technical facilities or essential utilities; an act of God; or other occurrence outside the reasonable control of a party. If a Force Majeure Event impacts either party’s ability to perform, both parties will work in good faith to resume performance at a later date if possible. If performance cannot be resumed and completed due to the impact of a Force Majeure Event, the Client will be refunded any amounts previously paid, less any documented third-party expenses incurred prior to the occurrence of the Force Majeure Event. In no event will the Client be liable for any additional expenses incurred due to the occurrence of a Force Majeure Event.
- Do Not Employ: Client and its affiliates hereby agree not to hire any Metinteractive employee without the written permission from one of the Founders of Metinteractive.