d. The Customer`s sole and exclusive remedy and contractor`s sole obligation in the event of a breach of warranty shall be, at The Contractor`s option, to correct material errors in the provision of the services or to replace or repair services that do not comply with the Warranty. For the Customer to exercise this remedy, the Customer must notify the Contractor in writing of such non-conformity during the warranty period, and the Contractor must determine that a non-Compliance does not arise from any of the causes set out below. The Contractor will have free and full access to the Services to make corrections and the Client will promptly inform the Contractor of any changes to the location of the Services during the warranty period. If it is determined that this remedy has failed in its essential purpose, the Contractor`s total responsibility is to reimburse the price paid by the Client to the Contractor for the non-conforming services. The remedy provided by the Contractor in the event of breach of warranty does not include the following, which may be provided at the Contractor`s sole discretion at the then-current rates of time and material: The Contractor may use the Client`s name or brand and identify the Client as the Contractor`s client on the Contractor`s Website and/or in marketing materials. The Contractor may issue a press release on behalf of the Client as part of a reward under this Agreement. Neither party will use, refer to, or identify the other party`s name or trademarks for any other reason, except as set forth in this section, without the written consent of that other party. Any approval required under this Section shall not be unreasonably withheld or delayed by either party. PandaTip: This service contract model assumes a pure employment contract with certain software.
All terms related to the software may be removed if they do not apply. As always, consult your lawyer before using a template, as circumstances may dictate different contractual language. .