• For travel within one hundred (100) miles of the Cargas offices (currently Lancaster, PA, and Pittsburgh, PA), except when the customer requests a specific consultant who is not based at the nearer Cargas location:
  • There is no charge for mileage, tolls or lunch.
  • Hotels and other meals, when required because of travel outside of normal business hours, will be billed at actual cost.
• For all other travel, all travel expenses, including but not limited to: airfare, car rentals, hotel, meals, mileage and tolls, will be billed at actual cost.

• If you cancel a request for consulting services, you will be responsible for all Cargas services delivered before the cancellation was received.
• If you cancel a request for consulting services under a separate fixed price agreement, Cargas may at its sole option either keep any progress payments received as a cancellation penalty or bill customer based on actual time expended before the cancellation was received.
• Scheduled services may be postponed or cancelled without penalty only with notice equal to the number of days of scheduled services. For example, if you request onsite support for two days, then the request may be postponed or cancelled only with at least two days’ notice. Otherwise, Cargas may at its option bill you for up to the full amount of scheduled days of consulting services.
• Software orders may not be cancelled, nor may software be returned, for any reason.

Collection Costs and Expenses: All bills not paid within thirty (30) days of invoice due date may be assessed a late charge of 1.5% per month (18% annum) on the unpaid balance until paid in full.

For any Cargas products sold (including Cargas tools used to build customizations and installed with the customizations), you agree to the terms of the standard Cargas software licensing agreement installed with the Cargas product or Cargas tool. This software license agreement can be found either under the Administration menu of the product/customization, as a link at the bottom of the product/customizations main screen, or as a readme file in the install directory of the product/customization.

Your company shall not make an offer of employment to any person who has provided services to you on behalf of Cargas within 12 months of the date of the most recent service, without first obtaining the written consent of Cargas. In the event of a breach of this provision, you shall pay to Cargas an amount equal to one-half the annual compensation included in the offer, in addition to any other remedies that Cargas may have by law.

Cargas does not seek, accept, convert or store any Personally Identifiable Information (“PII”) as defined by applicable law. PII includes, but is not limited to, Social Security numbers, drivers’ license or other unique governmental identification numbers, credit card or bank account numbers, and dates of birth. If PII is found in any file provided to Cargas, Cargas will permanently delete the file from its system(s). The client will be required to re-send the file after removing all PII. Cargas disclaims any liability for any loss or unauthorized exposure of PII or other confidential information as a result of the client transmitting files containing PII, or storing PII in Cargas products or other Cargas support products.

Cargas warrants to you that the services performed by Cargas shall be of good quality and workmanship. Any claims under this warranty must be made to Cargas within thirty days after completion of installation of the system by Cargas. Except as expressly provided in the first sentence of this paragraph, Cargas makes no representation or warranty as to the services provided by Cargas under this agreement or as to any equipment or software supplied or recommended by Cargas, and there are no other warranties, express or implied, including without limitation, any warranties of merchantability or fitness for a particular purpose.

The parties agree that any disputes under this Agreement shall be interpreted under and governed by the laws of the Commonwealth of Pennsylvania and subject to the exclusive jurisdiction of the Court of Common Pleas in Lancaster County, Pennsylvania, or the United States District Court for the Middle District of Pennsylvania. The parties waive any right to jury trial regarding any disputes under this Agreement. The non-prevailing party in any litigation shall indemnify and hold harmless the prevailing party from all attorney’s fees and expenses that the prevailing party incurs as a result of such litigation. No proceeding, regardless of form, arising out of this Agreement may be brought by either party more than one year after the existence of the cause of action has become or should have become known to the injured party. The parties acknowledge that this Agreement constitutes the complete and exclusive statement of the understandings between the parties with respect to the subject matter of this Agreement and supersedes all prior agreements, undertakings, or courses of conduct. If any provision of this Agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of the Agreement shall not be affected thereby and shall continue in full force and effect. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. No amendment of this Agreement may be made except in writing duly signed by each of the parties hereto.

These Terms and Conditions establish an open account for services performed by Cargas for your company which are not covered by any other separate agreement between Cargas and your company.