What is the Cyrious policy regarding Report Customization, Creation, and Maintenance?

  1. Scope of Services

Cyrious Software offers fee-based creation and customization of its standard reports including but not limited to invoice, estimate and work-order report templates. These services are not covered under a technical support contract.

  1. Price and Payment Terms

The price for this service is billable by the hour. An estimate of the length of time necessary to do the work will be created and signed off by the customer prior to any work being performed. The customer will only be billed for the actual time needed to perform the work. Credit card information will be collected at the time of the estimate being agreed to and will be processed for the estimated amount. If it happens that the work takes less time, the necessary credit will be applied. If the work ends up taking more time, Cyrious will contact you with a revised estimate outlining the remaining time required to complete the changes. The additional time must be paid before the report is provided to you. Cyrious Software reserves the right to change its rates for customization work at any time.

  1. Ownership of Intellectual Property

Cyrious Software retains non-exclusive rights to use the templates developed under fee-based customization services provided for its customers.

  1. On-going Maintenance of Custom Templates

From time to time, Cyrious Software, will upgrade the version of the software available to our customers. Cyrious Software does not guarantee that your custom template will be compatible with future versions of the software in the absence of an executed Document Maintenance support program. It is the responsibility of the customer to make sure that their templates will function within the program if the customer chooses to upgrade their version of the software. If so desired, non-compatible templates can either be repaired or re-created at the customer’s expense. Additionally, Cyrious Software is not responsible for maintaining custom templates in the event of changes forced upon the Customer by outside agencies such as government entities without additional charges being assessed.

  1. Warranty and Disclaimer

Cyrious Software warranties this work for 90 days against any defect in conformity with generally prevailing industry standards. The customer must report any material deficiencies in the developer’s work within this 90 day period. The customer’s exclusive remedy for breach of the above stated warranty will be the re-performance of the developer’s work. Payments are non-refundable. Cyrious Software will make minor* adjustments to this deliverable during the 90 days at the customer’s request for no additional charge. Any work after the 90 day period may be subject to additional charges. Cyrious does not support templates that you have created yourself for use within our software. However, we can provide you with fee-based assistance at the contracted hourly rate by appointment only, to address any issues that you may experience when using your own in-house created templates.

THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY GOAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. CYRIOUS SOFTWARE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES.

* Minor adjustments include but are not limited to alignment, spacing and the re-sizing of fields. Major adjustments include anything that requires data restructure, re-positioning of information, etc.

  1. Limitation of Liability, Indemnification

Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the performance the said developer’s work, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages. The customer will indemnify and hold the developer harmless against any claims incurred by the developer arising out of or in conjunction with the Customer’s breach of this agreement as well as all reasonable costs, expenses and attorney’s fees incurred therein. The developer’s total liability under this agreement with respect to the work contracted for, regardless of cause or theory of recovery, will not exceed the total amount of the fees paid by the customer to said developer.

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