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Pluralsight 4/28/2020
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6 Years Then Destroy
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Pluralsight 4/28/2020
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Last modified
5/20/2020 10:37:28 AM
Creation date
5/20/2020 10:37:16 AM
Metadata
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Contracts
Contractor's Name
Pluralsight
Approval Date
4/28/2020
End Date
3/1/2021
Department
Information Technology
Department Project Manager
Kevin Walser
Subject / Project Title
Subcription renewal
Tracking Number
0002319
Total Compensation
$13,697.56
Contract Type
Agreement
Contract Subtype
Technology
Retention Period
6 Years Then Destroy
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PLURALSIGHT <br /> business, provided that Pluralsight's use of Aggregated Statistical Information will not reveal personal information <br /> to any third party. <br /> 4. Fees,Invoicing and Taxes <br /> 4.1. Fees and Invoicing.Customer will pay all fees specified in all Sales Orders hereunder.Payment obligations are non- <br /> cancelable and,except as expressly set forth herein,fees paid are non-refundable. Fees will be billed on or around <br /> Customer's execution of a Sales Order or up to thirty (30) days in advance of a renewal thereof, as applicable. <br /> Pluralsight will bill Customer through invoices sent via email to the address designated by Customer, unless an <br /> alternative payment method is requested by Customer in writing.Customer agrees that fee(s)for each product set <br /> forth on a Sales Order may be increased by a minimum of six percent (6%) for each twelve (12) month Renewal <br /> Term. Full payment for invoices issued must be received within thirty (30) days of the receipt of the invoice . If <br /> payment is not received within such time period, Pluralsight may restrict Customer's and its Users' access to the <br /> Platform until payment is received. In the event Pluralsight suspends Customer's plan because of nonpayment, no <br /> additional time will be added to the then-applicable Term. Unless otherwise set forth in a Sales Order,all payments <br /> must be made in U.S. dollars. Late payments hereunder will accrue interest at a rate of 1 i/z per month, or the <br /> highest rate allowed by applicable law,whichever is lower. <br /> 4.2. Taxes.Fees are exclusive of taxes.Pluralsight may include on the invoice a separate charge for any applicable sales, <br /> use, value-added, or excise taxes, and any other similar taxes, duties or charges of any kind (excluding taxes on <br /> Pluralsight's income), imposed by any federal, state, or local governmental entity on any amounts payable by <br /> Customer under this Agreement or any Sales Order. Pluralsight will remit taxes collected,if any,to the appropriate <br /> taxing authority. <br /> 5. Term and Termination <br /> 5.1. Term. This Agreement will be effective as of the Effective Date and will continue until terminated by either party <br /> by giving at least thirty (30) days prior written notice. Notwithstanding the foregoing, with respect to any Sales <br /> Order in effect as of the date of such termination, the terms and conditions of this Agreement will continue in <br /> effect and will govern such Sales Order until its expiration or earlier termination for cause. <br /> 5.2. Term of Sales Order. The term of each Sales Order will be set forth therein (each an "Initial Term"). Each Sales <br /> Order, including any additional Users added thereto pursuant to Section 2.3, may be renewed for a period of <br /> twelve(12)months or as outlined on the Sales Order(each,a"Renewal Term").Customer may confirm its intention <br /> to renew by: a) signing the Sales Order for the Renewal Term, or b) delivering a purchase order to Pluralsight <br /> referencing the quote number listed on the applicable Sales Order for such Renewal Term. For purposes of this <br /> Agreement, "Term" means the Initial Term or any Renewal Term, as applicable. <br /> 5.3. Termination for Cause. Either party may terminate this Agreement or any Sales Order prior to its expiration if the <br /> other Party materially breaches this Agreement or the Sales Order, as applicable, and fails to cure said breach <br /> within thirty (30) days after receipt of written notice thereof. In the event Pluralsight terminates this Agreement <br /> or any Sales Order due to Customer's uncured breach, all unpaid fees are due and payable immediately. In the <br /> event Customer terminates this Agreement or any Sales Order due to Pluralsight's uncured breach,Pluralsight shall <br /> refund to Customer fees paid for any unused portion of the Term. <br /> 6. Warranties&Disclaimers <br /> 6.1. Warranties. Each party warrants that it has the authority to enter into this Agreement and, in connection with its <br /> performance of this Agreement, shall comply with all laws applicable to it related to data privacy, international <br /> communications and the transmission of technical or personal data, including the General Data Protection <br /> Regulation 2016/679 and the California Consumer Privacy Act. Pluralsight represents and warrants that; (a) it has <br /> and will have all rights, titles, licenses, intellectual property, permissions, and approvals necessary in connection <br /> with its performance under this Agreement and to grant Customer the rights granted hereunder; (b) neither the <br /> Platform nor the provision or utilization thereof as contemplated under this Agreement will infringe, violate, <br /> Pluralsight Gov MSA V.1 Page 4 of 8 <br /> (last modified 11 February 2020) <br />
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