The following terms govern the services provided by GitLab B.V. to clients that order consulting or development work.
The following terms govern the services provided by GitLab Inc. to clients that order consulting or development work.
Please read this document carefully.
By agreeing with the work you agree to be bound by the terms of this document.
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<li><strong>Scope of services</strong>
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The services to be provided shall consist of consulting provided by GitLab B.V. to the client.
The services to be provided shall consist of consulting provided by GitLab Inc. to the client.
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<li><strong>Planning and appointment</strong>
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If required GitLab B.V. and the client will schedule an appointment to perform the work.
If required GitLab Inc. and the client will schedule an appointment to perform the work.
During the appointment the client will make an on-call engineer available that can answer operational questions.
Examples of question subjects are: ssh access, file permissions, routing, email, backup settings, external issue tracker urls and LDAP configuration.
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<li><strong>Estimates and Acceptance</strong>
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Work can be performed based on an hourly estimate for (part of) the work or without an estimate.
Estimates are a best-guess by GitLab B.V. and are not a guarantee that the work will be performed in that time or that it can be completed at all.
If the client does not show up for the appointment GitLab B.V. can charge for the full duration of the appointment.
During the appointment GitLab B.V. will provide status updates when requested to do so.
Estimates are a best-guess by GitLab Inc. and are not a guarantee that the work will be performed in that time or that it can be completed at all.
If the client does not show up for the appointment GitLab Inc. can charge for the full duration of the appointment.
During the appointment GitLab Inc. will provide status updates when requested to do so.
The client can decide to terminate the consulting at any point after the start of the appointment.
The client can decide to test the work during the appointment or afterwards.
If there is additional work needed after testing this will be invoiced at the normal rate.
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<li><strong>Ownership</strong>
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Ownership, copyright and title of any software that is developed by GitLab B.V. shall at all times remain with GitLab B.V. The client shall not acquire directly, indirectly or by implication any title, copyright or ownership in the software or any parts thereof.
Ownership, copyright and title of any software that is developed by GitLab Inc. shall at all times remain with GitLab Inc. The client shall not acquire directly, indirectly or by implication any title, copyright or ownership in the software or any parts thereof.
We do not claim any ownership rights to the information that you submit to the GitLab application itself, your code is yours.
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<li><strong>Limitation of Liability.</strong>
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In no event will Gitlab B.V., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Gitlab B.V. under this agreement during the twelve (12) month period prior to the cause of action.
Gitlab B.V. shall have no liability for any failure or delay due to matters beyond their reasonable control.
In no event will Gitlab Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Gitlab Inc. under this agreement during the twelve (12) month period prior to the cause of action.
Gitlab Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
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<li><strong>Indemnification.</strong>
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You agree to indemnify and hold harmless Gitlab B.V., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of this Agreement, including but not limited to your violation of this Agreement.
You agree to indemnify and hold harmless Gitlab Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of this Agreement, including but not limited to your violation of this Agreement.
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<li><strong>Disclaimer of warranty</strong>
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GitLab.com makes no warranty, express or implied, with regard to the services provided, all such warranties are hereby excluded by GitLab B.V. and waived by the client.
In no event will GitLab B.V. be liable to the client or any other individual or entity connected with the client for any claim, loss of revenue profits, sales, business, data, code, service, information exclusivity or damage of any kind of nature, arising out of or in connection with the consultancy.
In any event, GitLab B.V.'s maximum liability to the client shall be limited to the amounts actually paid to GitLab B.V. during the previous twelve (12) months.
GitLab.com makes no warranty, express or implied, with regard to the services provided, all such warranties are hereby excluded by GitLab Inc. and waived by the client.
In no event will GitLab Inc. be liable to the client or any other individual or entity connected with the client for any claim, loss of revenue profits, sales, business, data, code, service, information exclusivity or damage of any kind of nature, arising out of or in connection with the consultancy.
In any event, GitLab Inc.'s maximum liability to the client shall be limited to the amounts actually paid to GitLab Inc. during the previous twelve (12) months.
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<li><strong>Confidentiality</strong>
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GitLab B.V. acknowledges that in the course of providing the services, and of other services provided, GitLab B.V. or its employees or consultants, may be supplied with or come into possession of information which is proprietary to the client.
GitLab Inc. acknowledges that in the course of providing the services, and of other services provided, GitLab Inc. or its employees or consultants, may be supplied with or come into possession of information which is proprietary to the client.
Including information as to code, licenses, methods of doing business, and operations.
GitLab B.V. hereby agrees that it will keep all such information confidential, and will disclose such information to no other person or entity.
In addition, GitLab B.V. agrees to take such action as may be necessary or appropriate by way of agreement with, and instruction to, its employees so as to maintain the confidentiality of such confidential information and licenses.
GitLab Inc. hereby agrees that it will keep all such information confidential, and will disclose such information to no other person or entity.
In addition, GitLab Inc. agrees to take such action as may be necessary or appropriate by way of agreement with, and instruction to, its employees so as to maintain the confidentiality of such confidential information and licenses.
