1. Acceptance
By accepting a purchase order, work order, or other commitment from Bytes, Vendor agrees to these terms. Any conflicting terms in Vendor's documents are rejected unless expressly agreed to in writing signed by an authorized representative of Bytes.
2. Pricing and Invoicing
- Prices are firm for the duration of the applicable purchase order.
- Invoices must reference the Bytes purchase order number.
- Payment terms are net thirty (30) days from invoice receipt unless otherwise agreed in writing.
- Bytes is not responsible for charges not preauthorized by purchase order.
3. Delivery and Acceptance
Time is of the essence. Vendor must deliver goods and services on the dates specified. Bytes reserves a reasonable period after delivery to inspect goods or services and to reject non-conforming items at Vendor's expense.
4. Warranties
Vendor warrants that all goods and services are free from defects in materials and workmanship, conform to specifications, are fit for their intended purpose, and are delivered free of any third-party claim of infringement.
5. Confidentiality and Client Data
Vendor will treat as confidential any non-public information about Bytes, its clients, employees, systems, or business operations. Vendor will not access, retain, or process client data except as expressly authorized in writing, and will implement and maintain reasonable administrative, technical, and physical safeguards.
6. Insurance
Vendor will maintain commercial general liability, workers' compensation, and, where applicable, cyber liability and professional liability coverage in amounts customary for the industry. Certificates of insurance will be provided upon request, with Bytes named as an additional insured where appropriate.
7. Independent Contractor
Vendor is an independent contractor. Nothing in these terms creates an employment, partnership, joint venture, or agency relationship between Vendor and Bytes.
8. Indemnification
Vendor will defend and indemnify Bytes and its clients from any third-party claim arising out of Vendor's breach of these terms, negligence or willful misconduct, infringement of intellectual property, or violation of law.
9. Termination
Bytes may terminate any purchase order for convenience upon written notice. Either party may terminate for material breach not cured within thirty (30) days after written notice.
10. Governing Law
These terms are governed by the laws of the State of Nebraska. Disputes will be resolved exclusively in the state or federal courts located in Scotts Bluff County, Nebraska.
Contact
Vendor questions may be directed to help@bytesmanagedit.com.