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Fresche Professional Services Terms and Conditions

Last updated: September 21, 2022

This Fresche Professional Services Terms and Conditions (together with any document incorporating these terms, the “Agreement”) forms an agreement between the person named in the document identified as a Statement of Work that incorporates this Agreement (such person, the “Customer”, and such document the “Statement of Work”) and Trinity Guard, LLC (“Fresche”). This Agreement is entered into on the effective date of the Statement of Work that incorporates this Agreement (the “Effective Date”). Each of Fresche and Customer will individually be referred to as a “Party” and jointly as the “Parties”.

1. Performance of Services

2. Customer Responsibilities

Customer will perform all Customer’s responsibilities, activities, tasks and obligations set out in a Statement of Work, as well as all other pre-requisites, activities, tasks, and obligations upon which the performance of the Services depends, including those set out in the Statement of Work.

3. Changes

4. Ownership; Reservation of Rights and License Grants

5. Fees and Payment

6. Confidential Information

7. Representations, Covenants, Warranties and Disclaimer

8. Indemnities

9. Limitation of Liabilities

10. Terms and Termination

11. Services Intended for Customers and Client End-Customer (e.g. Where Customer is a Reseller)

If the Services involve the provision of Services directly to a client, customer or third-party partner of Customer (such person, “Client End-Customer”), Customer acknowledges and agrees that it is Customer’s responsibility to ensure that it has obtained all necessary consents and permissions from, and has made all requisite disclosures to, such Client End-Customer for Fresche to perform the Services.

12. Subcontracting

Fresche will delegate or subcontract all or any part of the Services to any person, including any of Fresche’s Affiliates or Fresche subcontractors, without notice and without written consent of Customer. Customer acknowledges that Fresche Affiliates may perform any obligations or exercise any rights of Fresche hereunder.

13. General Provisions

14. Definitions

As used in this Agreement, the following capitalized words have the meaning set out below:

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