Terms of service
Sales Agreement Terms
With signature on your DataWorks Sales Agreement, the reflected prices, specifications, and conditions are accepted under the terms of this original agreement between your company and DataWorks, Inc. DataWorks is hereby authorized to begin the work necessary to complete this order. This Sales Agreement is subject to all terms and conditions of your company’s DataWorks Software License (SLA) Agreement, Application Service Provider (ASP) Agreement and/or Hardware as a Service (HaaS) Agreement.
Payment
Unless specified, payment of a 50% non-refundable deposit + Project Management Fees is required along with a company PO or credit card for work to begin, with the balance due on Delivery.
Delivery
Delivery is defined as DataWorks completion of a line item in accordance with this Sales Agreement or associated Scope of Work.
Quoted Hours
If your project has line items quoted in hours, actual hours will be billed, including Project Management. Milestone reports may be sent at 25% usage; 50%.
Change Management
Changes to the original Sales Agreement may incur additional fees and/or require additional time to deliver. As potential changes to scope, cost or schedule arise during project execution, we’ll follow a disciplined change management process to ensure agreement before implementing any proposed change. This may include an additional Sales Agreement and/or Scope of Work addendum.
Scheduling
Unless otherwise specified, all projects have a minimum 3-week lead/start time from receipt of your signed Sales Agreement, ALL associated paperwork (PO, SOW, etc) and deposit.
Fees for Rescheduled Professional Services
If applicable:
- $125.00 if cancelled/rescheduled outside of 24 hours.
- $450.00 if cancelled/rescheduled inside of 24 hours.
On-Site Travel & Expenses
The following terms apply when a Sales Agreement includes on-site services. When on-site travel is part of an engagement, a signed On-Site Travel Addendum will be incorporated into the Sales Agreement.
On-Site Services Rate
On-site services are billed at the daily rate specified in the Sales Agreement. The daily rate is inclusive of all personnel costs and meal expenses. No separate meal or incidental charges will appear on the invoice.
Each on-site engagement will specify the number of on-site service days and travel days in the Sales Agreement or in a mutually agreed project schedule.
Travel Days
Travel days (outbound and return) are billable at the rate specified in the Sales Agreement. Travel days are defined as days on which a DataWorks employee is in transit to or from the Client’s location and is not performing on-site services.
A standard on-site engagement includes one travel day outbound and one travel day return. Extended or multi-leg travel may require additional travel days, which will be noted in the project schedule.
Transportation
Airfare, rental car, and ground transportation may be arranged by either party:
| Arrangement | Billing |
|---|---|
| DataWorks arranges travel | Transportation costs invoiced to Client at actual cost plus a 15% administrative fee. Receipts provided upon request. |
| Client arranges travel | Client books and pays for transportation directly at actual cost. DataWorks will provide travel requirements (dates, times, preferred carriers) with reasonable advance notice. |
Unless otherwise agreed in writing, DataWorks will arrange its own travel. Economy/coach class airfare is standard. DataWorks reserves the right to book business class for flights exceeding six consecutive hours. Rental cars, when required, will be standard or intermediate class unless the engagement requires transporting equipment or multiple personnel.
Lodging
Lodging for on-site engagements is handled in one of the following ways, as agreed in the Sales Agreement or project schedule:
If no lodging arrangement is specified in the Sales Agreement, option (b) applies by default.
Meals & Incidentals
Meal expenses for DataWorks personnel are included in the on-site daily rate. No separate meal charges will be invoiced to the Client. If the Client’s property includes dining facilities, DataWorks personnel may use those facilities. Any on-property meal charges incurred by DataWorks personnel are the responsibility of DataWorks and will not be billed to the Client separately.
Invoicing for On-Site Engagements
- On-site service days: At the daily rate specified in the Sales Agreement (inclusive of meals).
- Travel days: At the travel day rate specified in the Sales Agreement.
- Transportation (DataWorks-arranged): Actual cost + 15% administrative fee.
- Lodging (DataWorks-booked): Actual cost + 15% administrative fee.
- Transportation and lodging (Client-arranged or Client-provided): No charge from DataWorks.
Invoices for on-site engagements are payable upon receipt, consistent with the payment terms of the Sales Agreement.
On-Site Cancellation & Rescheduling
Once travel has been booked for an on-site engagement, cancellation or rescheduling may result in non-refundable costs:
- Cancellation or rescheduling by the Client after travel has been booked: Client is responsible for 100% of non-refundable travel costs (airfare, lodging deposits, rental car reservations) incurred by DataWorks.
- Cancellation or rescheduling by DataWorks: DataWorks absorbs all non-refundable travel costs.
DataWorks will make reasonable efforts to book refundable or changeable travel arrangements when practical. Both parties agree to provide as much advance notice as possible when cancellation or rescheduling is necessary.
Note: This cancellation policy applies specifically to travel costs for on-site engagements. Rescheduling fees for professional services sessions (remote or on-site) are governed by the Fees for Rescheduled Professional Services section above.
On-Site Scheduling & Advance Notice
On-site engagements should be scheduled with a minimum of 21 calendar days’ advance notice to allow DataWorks to secure reasonable travel pricing. Engagements scheduled with less than 21 days’ notice may result in higher travel costs, which will be passed through to the Client under the applicable billing method above.
Shipping
If applicable: Customer is responsible for all shipping costs associated with OEM products and supplies.