Business Fortinet Proposal

BUSINESS FORTINET PROPOSAL

Provider Name:     Provider Address:

Client Name:     Client Address:

RECITALS

WHEREAS Provider is a reseller and integrator of Fortinet security products and services, and maintains the technical capability to procure, configure, install, and support Fortinet appliances, subscriptions, and professional services;

WHEREAS Client desires to procure from Provider a Fortinet solution consisting of hardware, licensing, configuration, and support, all as further described in this Proposal; and

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows.

SCOPE OF WORK

Provider will deliver the following services and deliverables. Provider shall perform professional, workmanlike services in accordance with industry standards and the specifications described below.

Hardware (Fortinet appliances, chassis, modules)
Licenses and subscriptions (UTM, ATP, FortiCare, etc.)
On-site installation and rack-and-stack
Configuration and tuning services
End-user and administrator training
Ongoing support and maintenance (SLA options)

PAYMENT TERMS

Total Proposal Price: $     Tax and shipping:

Deposit Due: $     Remaining Balance Due: $

Payment Terms: Net days from invoice date. Electronic funds transfer preferred unless otherwise agreed in writing.

Late Fee: on past due amounts, compounded monthly, to the extent permitted by law.

TERM AND TERMINATION

Commencement Date:

Termination Date (if any):

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within days after written notice. For convenience termination, a party must provide days' prior written notice.

CONFIDENTIALITY

Each party shall maintain in confidence all Confidential Information disclosed by the other party and shall not use or disclose such Confidential Information except as necessary to perform its obligations under this Proposal. Confidential Information excludes information that: (a) is or becomes publicly known through no breach of this Agreement; (b) was known to the receiving party prior to disclosure as demonstrated by written records; (c) is rightfully obtained from a third party without restriction; or (d) is independently developed without reference to Confidential Information.

The receiving party may disclose Confidential Information to its employees, contractors, and advisors on a need-to-know basis provided such persons are bound by confidentiality obligations no less protective than those herein. Upon termination or expiration, all Confidential Information shall be returned or destroyed within days, unless retention is required by applicable law.

DELIVERABLES, ACCEPTANCE, AND SUPPORT

Deliverables shall be deemed accepted when Client signs an acceptance certificate or, if no certificate is provided within days after delivery, for reasons other than material nonconformance. Support levels, response times, and escalation procedures shall be documented in the Scope of Work or an attached Statement of Work.

LIMITATION OF LIABILITY AND INDEMNITY

Except for breaches of confidentiality or willful misconduct, neither party shall be liable to the other for incidental, consequential, special, or punitive damages. Each party agrees to indemnify and hold harmless the other from third-party claims arising from the indemnifying party's negligence, willful misconduct, or breach of this Agreement, subject to applicable law.

GOVERNING LAW

This Proposal and any resulting Agreement shall be governed by and construed in accordance with the laws of: without regard to conflict of laws principles.

ENTIRE AGREEMENT

This Proposal, together with any attachments and statements of work expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, representations, and agreements, whether written or oral. Any modification must be in writing and signed by authorized representatives of both parties.

GENERAL PROVISIONS

Assignment: Neither party may assign this Agreement without the other party's prior written consent, except to an affiliate or successor in interest in connection with a merger or sale of substantially all assets.

Force Majeure: Neither party shall be liable for delays or failures due to causes beyond its reasonable control, provided the affected party gives prompt notice and takes commercially reasonable steps to mitigate the effects.

SIGNATURES

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