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"Services" means, collectively, the Software Service, Professional Services and Support Services and any other related services ordered by Company pursuant to an Order Form and/or any applicable Statement of Work.
"Users" means individuals who are authorized by Company to access the Software Service and who have been supplied user identifications and passwords by Company (or by STERLING TALENT SOLUTIONS at Company's request).
Subject to the terms and conditions of this Agreement, STERLING TALENT SOLUTIONS shall host and maintain the Software Service and make it available to Company throughout the Term.
STERLING TALENT SOLUTIONS will provide customer support, data back-up, and disaster recovery services for the Software Service in accordance with this Agreement and STERLING TALENT SOLUTIONS' then-current policies and practices, which policies may be acquired from STERLING TALENT SOLUTIONS upon written request.
The Parties agree STERLING TALENT SOLUTIONS' provision of consumer reports and/or investigative consumer reports (collectively, "Screening Reports"), as those terms are defined by the Fair Credit Reporting Act, as amended ("FCRA"), and applicable state laws, is subject to the employer certification requirements and other requirements contained in Exhibit A to this Agreement (the "Background Screening Requirements"), the terms of which are incorporated by this reference as if fully set forth herein.
"Agreement" means, collectively, this Sterling Talent Solutions Master Services Agreement, together with any exhibits, attachments, schedules, addenda, and appendices or documents attached hereto or incorporated herein, including any Order Forms, Statements of Work or amendments referencing this Agreement.
For clarity, STERLING TALENT SOLUTIONS is solely responsible for taxes assessable against it based on STERLING TALENT SOLUTIONS' income, property and employees. STERLING TALENT SOLUTIONS represents and warrants as follows: (i) during the Term, the Software Service will perform substantially in accordance with the Documentation, if any, and (ii) Professional Services, if any, shall be provided in a professional manner consistent with industry standards.After such thirty (30) day period, STERLING TALENT SOLUTIONS shall have no further obligation to provide Company with access to any Company Data, Deliverables and/or Screening Reports.Any such download will be subject to STERLING TALENT SOLUTIONS' then current Professional Services rate. If any charges are not received from Company by the due date, then at STERLING TALENT SOLUTIONS' sole discretion, (i) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or (ii) STERLING TALENT SOLUTIONS may condition future payment terms shorter than those specified in this Section 5. If any amount owing by Company under this Agreement is thirty (30) or more days overdue, STERLING TALENT SOLUTIONS may, without limiting other rights and remedies available to it, accelerate Company's unpaid fee obligations so that all such obligations become immediately due and payable, and/or suspend Services until such amounts are paid in full."Deliverable" means the custom developed documents, designs, and other materials authored or prepared by STERLING TALENT SOLUTIONS for and provided to Company as part of a Professional Services engagement pursuant to a Statement of Work.The term "Deliverable" does not include the Software Service (including all modifications and/or enhancements to the Software Service), the Documentation, STERLING TALENT SOLUTIONS' proprietary education and training content, if any, or any pre-existing materials related to STERLING TALENT SOLUTIONS' Professional Services processes and methodology, whether or not incorporated in a Deliverable.
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STERLING TALENT SOLUTIONS reserves the right to make changes at any time to its policies, procedures and practices regarding Support Services and to make changes to its hosting and technical infrastructure, provided that such changes do not materially degrade the overall level of support provided to STERLING TALENT SOLUTIONS customers.