Athento has a standard contract that fits the service provision and in which the clauses that ensure a good experience for the client have been included.
Some clients, however, prefer to provide their own clauses or request modifications to these clauses.
Below we describe those "red lines" that Athento cannot accept as conditions of the contract:
- Payment for use of the software must be made from the moment the software is available for parameterisation. The client can pay for fewer users if they wish, but it is not possible to make payment for the use of the software conditional on the production launch of the project.
- Athento cannot accept penalty clauses for delays in the projects.
- Athento cannot accept clauses for damages without the mediation of a judge. Any liability shall be limited to the size of the contract, and in no event shall Athento be liable for direct or indirect damages including - and not limited to - incidental damages, loss of documents and data, connection problems, service interruption, virus or content corruption, communication errors, user errors, etc: a) That are attributable to the client's personnel, systems or connection. b) That are due to failures in the services of the infrastructure providers. c) That are the result of misuse of the services by the client, including the communication to third parties of the identification keys. d) That are due to possible incompatibilities with other applications. e) That are due to incidents not duly communicated to ATHENTO for their resolution in due time and form. f) That in general occur due to causes beyond ATHENTO's control, force majeure or unforeseeable circumstances.
- Athento may not accept clauses indicating that the intellectual property of any part of the product is owned by the client. The client is the owner of the knowledge of its own parameterisations, customised code, etc.
This list does not imply the acceptance of other conditions that the client may wish to include, in which case they will have to be analysed by Athento's legal team to review whether they can be assumed or not.
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