Business Intelligence PowerBI Reports

Business Intelligence PowerBI Reports Agreement

This Business Intelligence PowerBI Reports Agreement ("Agreement") is entered into as of by and between:

Recitals

WHEREAS, Client seeks to obtain professional Business Intelligence services, including the design, development and delivery of Power BI reports and related dashboards for the Client's data environment; and

WHEREAS, Service Provider represents that it has experience, skill, and resources necessary to deliver Power BI reports, data modeling, and scheduled report publication in accordance with this Agreement and industry standards; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the development, delivery, and maintenance of Business Intelligence Power BI reports.

Scope of Work

Service Provider shall perform the tasks described in this Section and any mutually executed statements of work. Deliverables shall be produced in accordance with the schedule and acceptance criteria set forth below.

Payment Terms

Client shall pay Service Provider for the services and deliverables described in this Agreement in accordance with the terms below. All amounts are in the currency agreed between the parties.

Invoices shall be issued by Service Provider in accordance with the payment schedule. Overdue amounts shall accrue interest at the rate described in the Late Payment Fee field above until paid. Client shall be responsible for any collection costs, including reasonable attorneys' fees, incurred by Service Provider in collecting overdue amounts.

Term and Termination

This Agreement commences on the Start Date and continues until the End Date unless earlier terminated as provided herein.

Either party may terminate this Agreement for material breach by the other party if such breach is not cured within the notice period specified above following written notice. Upon termination, Service Provider shall deliver all completed work and invoice Client for services performed through the effective date of termination. Termination shall not relieve Client of its obligation to pay for services performed and expenses incurred prior to termination.

Confidentiality

Each party acknowledges that it may receive Confidential Information from the other party. "Confidential Information" means non-public information disclosed in any form that is identified as confidential or that reasonably should be understood to be confidential given the nature of the information.

Receiving party shall (a) use Confidential Information solely to perform its obligations under this Agreement, (b) restrict disclosure to employees, contractors or agents with a need to know who are bound by confidentiality obligations at least as protective as those herein, and (c) not disclose Confidential Information to any third party without prior written consent of the disclosing party. Confidential Information does not include information that is or becomes publicly available through no breach of this Agreement, independently developed without use of the other party’s Confidential Information, or rightfully obtained from a third party without confidentiality obligations.

Intellectual Property & Deliverables

Subject to Client's timely payment of all fees, Service Provider assigns to Client all right, title, and interest in and to the final delivered Power BI reports, dashboards, and associated report files created specifically for Client under this Agreement (collectively, "Deliverables"). Service Provider retains ownership of any pre-existing tools, templates, methodologies, connectors, code libraries, and intellectual property not exclusively developed for Client, and Service Provider grants Client a non-exclusive, perpetual license to use such pre-existing materials only as incorporated in the Deliverables.

Warranties; Limitation of Liability

Service Provider warrants that it will perform services in a professional manner consistent with industry standards. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SERVICE PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY CLIENT TO SERVICE PROVIDER UNDER THIS AGREEMENT IN THE PRIOR SIX MONTHS. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located within that state for any disputes arising out of or relating to this Agreement.

Entire Agreement

This Agreement, together with any attachments, exhibits, and executed statements of work, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral. Any modification or amendment must be in writing and signed by authorized representatives of both parties.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party may designate in writing. Notices shall be deemed given when delivered personally, by nationally recognized overnight courier, or three business days after deposit in the mail, postage prepaid.

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