Business App Portal

Business App Portal Agreement

This Business App Portal Agreement ("Agreement") is made effective as of by and between Provider Name: with address , and Client Name: with address .

Recitals

WHEREAS, Provider operates and maintains a software-as-a-service portal and related services for business operations, data management, and application access (the "Portal"); and

WHEREAS, Client desires to obtain access to the Portal and related services under the terms and conditions set forth in this Agreement; and

WHEREAS, Provider will provide access, maintenance, and limited support in exchange for fees and compliance with the terms of this Agreement.

Scope of Work

Provider shall deliver the services described above, including deployment, user access provisioning, routine maintenance, and security updates. Provider will use commercially reasonable efforts to maintain Portal availability consistent with the service level commitments set forth in this Agreement.

Payment Terms

Late payments shall incur a late fee of on any overdue balance, calculated monthly until paid in full. Client is responsible for all collection costs, including reasonable attorneys' fees, for overdue amounts.

Term and Termination

Term: This Agreement commences on Start Date: and continues until End Date: unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon days' prior written notice. Either party may terminate immediately for material breach if the breach remains uncured for 15 days after written notice specifying the breach. Termination for cause does not relieve Client of payment obligations accrued through termination.

Confidentiality

"Confidential Information" means non-public business, technical or financial information disclosed by one party to the other that is marked confidential or that reasonably should be understood to be confidential. Each party agrees to: (a) hold Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information but no less than reasonable care; (b) use Confidential Information solely to perform obligations under this Agreement; and (c) not disclose Confidential Information to any third party except to employees, contractors or advisers who have a need to know and are bound by confidentiality obligations no less protective than those in this Agreement.

The foregoing obligations do not apply to information that is or becomes publicly available other than by breach of this Agreement, was rightfully in the receiving party's possession prior to disclosure, is independently developed without use of the disclosing party's Confidential Information, or is required to be disclosed by law, provided the receiving party gives prompt notice to the disclosing party and cooperates to seek protective treatment.

Data Ownership and Access

Client retains all right, title and interest in Client Data uploaded to or processed by the Portal. Provider shall not use Client Data except as necessary to provide the services and as authorized in writing by Client. Upon termination, Provider will, at Client's option, return or securely delete Client Data in Provider's possession within 30 days, except as necessary to comply with legal or regulatory obligations.

Limitation of Liability

Except for breach of confidentiality or willful misconduct, neither party will be liable for incidental, consequential, special, punitive or exemplary damages. Provider's aggregate liability for claims arising out of or related to this Agreement shall not exceed the total fees paid by Client to Provider under this Agreement during the twelve (12) months preceding the event giving rise to the claim.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles.

Entire Agreement

This Agreement, together with any exhibits or schedules expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals or representations, whether written or oral. Any amendment must be in writing signed by authorized representatives of both parties.

Notices

Notices required under this Agreement shall be in writing and delivered to the addresses set forth above by certified mail, nationally recognized courier, or other method providing proof of delivery, and shall be effective upon receipt.

Sign Now