“Support Services” means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies, but shall not include the development of enhancements to the Project or other services outside the scope of the Proposal. During the first 1 months following expiration of this Agreement (“Warranty Period”), if any, one2love Agency shall provide up to 1 hour of Support Services at no additional cost to Client. Additional time shall be billed at one2love Agency’s regular hourly rate, then in effect upon the date of the request for additional support.
Upon expiration of the Warranty Period and at Client’s option, one2love Agency will provide Support Services for the following on a monthly basis for a monthly fee which will be agreed upon by the client and one2love Agency [or one2love Agency’s hourly fee per hour]. The parties may extend the Maintenance Period beyond one year upon mutual written agreement.
During the Maintenance Period, Client may request that one2love Agency develop enhancements to the Deliverables, and one2love Agency shall exercise commercially reasonable efforts to prioritise one2love Agency’s resources to create such enhancements. The parties understand that preexisting obligations to third parties existing on the date of the request for enhancements may delay the immediate execution of any such requested enhancements. Such enhancements shall be provided on a time and materials basis at one2love Agency’s then-in- effect price for such services.
ADDITIONAL WARRANTIES AND REPRESENTATIONS
Subject to the representations and warranties of Client in connection with Client Content, one2love Agency represents and warrants that the Final Deliverables will be free from Deficiencies. For the purposes of this Agreement, “Deficiency” shall mean a failure to comply with the specifications set forth in the Proposal in any material respect, but shall not include any problems caused by Client Content, modifications, alterations or changes made to Final Deliverables by Client or any third party after delivery by one2love Agency, or the interaction of Final Deliverables with third party applications such as web browsers other than those specified in the Proposal. The parties acknowledge that Client’s sole remedy and one2love Agency’s sole liability for a breach of this Section is the obligation of one2love Agency to correct any Deficiency identified within the Warranty Period. In the event that a Deficiency is caused by Third Party Materials provided or specified by one2love Agency, one2love Agency sole obligation shall be to substitute alternative Third Party Materials.
ONE2LOVE AGENCY TOOLS.
Subject to the representations and warranties of the Client in connection with the materials supplied by Client, one2love Agency represents and warrants that, to the best of one2love Agency’s knowledge, the one2love Agency Tools do not knowingly infringe the rights of any third party, and use of same in connection with the Project will not knowingly violate the rights of any third parties except to the extent that such violations are caused by Client Content, or the modification of, or use of the Deliverables in combination with materials or equipment outside the scope of the applicable specifications, by Client or third parties.
COMPLIANCE WITH LAWS
one2love Agency shall use commercially reasonable efforts to ensure that all Final Deliverables shall be designed to comply with relevant rules and regulations known to one2love Agency; however, Client, upon acceptance of the Deliverables, shall be solely responsible for conformance with all rules, regulations, and laws relating to Client’s use thereof.