After having taken knowledge of the scope of the Services likely to be taken in charge by VALUE IT, the CUSTOMER wished to benefit from the Assistance Services as defined in the commercial and technical Proposal realized by VALUE IT and signed by the CUSTOMER.
The CUSTOMER has precisely evaluated its own needs and made sure that the Support Services proposed by VALUE IT were in adequacy with them.
The parties agreed on the following
The purpose of the present Special Conditions is to define the terms and conditions according to which VALUE IT performs the Support Services according to the conditions, in particular the financial terms, presented in the commercial and technical Proposal signed by the CUSTOMER.
These conditions come into force on the date of signature of the commercial and technical proposition by the CUSTOMER. The present contract is concluded for a duration stipulated in the commercial and technical proposition signed by the CUSTOMER.
For the needs of his professional activity, the CUSTOMER consulted VALUE IT and has been informed of the conditions and modalities of intervention of VALUE IT, he could ask any questions. He wishes to entrust VALUE IT with the execution of one or several Support Services in the field(s) described in the commercial and technical Proposal given by VALUE IT and signed by the CUSTOMER.
The SCOPE, the nature of the Support Services and the scope of VALUE IT commitments are defined in the commercial and technical Proposal. Unless there is a specific agreement between the CUSTOMER and VALUE IT, no guarantee is applicable to the Support Services carried out, the Support Services consisting in the implementation of expertise, in particular because the project management is provided by the CUSTOMER.
The Support Services can be modified by mutual agreement at the request of the CUSTOMER or on the advice of VALUE IT. In some cases, a preliminary feasibility or impact study may be required, VALUE IT may carry out the said study at the rate in force at the date of realization. If such a CHANGE results in a variation of the cost and/or the time necessary for the execution of all or part of the Support Services by VALUE IT, an adjustment of the present Special Conditions will be made accordingly.
In any case, the modification of the Support Services requires the agreement of both Parties, formalized by the signature of an amendment to the present Particular Conditions, specifying the modifications or impacts, in particular technical and financial, as well as the new schedule and the possible warnings or VALUE IT’s recommendations.
VALUE IT undertakes to perform the Support Services, under the supervision of the CUSTOMER, in accordance with the terms of the Contractual Documents.
In any case, VALUE IT undertakes to allocate teams, which are formed according to their skills and qualifications, to the performance of the Services.
VALUE IT undertakes to exercise its obligation to advise on its area of technical competence, as limited to the subject of the relevant Commercial and Technical Proposal, and to the exclusion of any legal, tax or accounting advice. In this regard, VALUE IT undertakes to draw the CUSTOMER’s attention to events that may affect the performance of the Support Services it may find and to fulfil its obligation to cooperate.
The role of the CUSTOMER is to define its needs, constraints, the general orientations of the Support Service, to inform, validate the proposals or studies made by VALUE IT, to receive the Support Services or Deliverables.
Its specific responsibilities, in terms of the Support Service and in particular the elements it must provide to VALUE IT, as well as the corresponding deadlines, are determined (if applicable) precisely in the Commercial and Technical Proposal.
In any case, the CUSTOMER must communicate te VALUE IT all relevant or necessary information to the Support Service, after having checked that it is complete and exact.
The CUSTOMER must cooperate and ensure the cooperation of all its stakeholders in the Support Provision. In particular, it must respect the deadlines set for it and ensure that its own stakeholders respect them.
The CUSTOMER undertakes to notify VALUE IT of any difficulties it encounters during the performance of the Support Service and which could have an impact on the contractual commitments and in particular on the Service, the deadlines, the financila terms and the execution of the Support Service.
It is the CUSTOMER’s responsibility to have the regulatory and/or administrative authorizations necessary for the needs of the Services, in particular to proceed witht the necessary consultations and/or information of the employee representative bodies and, where appropriate, to dispatch, at its own expense, any legal expert, to ensure the legal feasibility and validation of the Support Service and the proposed solutions