VENDOR TERMS AND CONDITIONS

These Terms and Conditions apply to all suppliers, vendors, and contractors providing goods or services to DATAMARK, Inc. (“DATAMARK”) and all its global subsidiaries. By accepting a purchase order, entering into a contract or agreement, or performing services for DATAMARK or any of its subsidiaries, the Vendor agrees to be bound by these Terms and Conditions.

All purchases must be supported by a written DATAMARK purchase order or contract/agreement. Deliveries must be made in accordance with the terms stated in the purchase order or contract. DATAMARK reserves the right to inspect and accept or reject goods and services that do not meet agreed specifications or quality standards.

Unless otherwise agreed in writing, payment terms are net thirty (30) days from the date of DATAMARK’s acceptance of goods or services and receipt of a valid invoice. Vendors must reference the corresponding purchase order or contract/agreement on all invoices. DATAMARK does not pay in advance unless specifically approved in writing.

The Vendor warrants that all goods and services provided are new, free from defects, and conform to all applicable specifications, drawings, and requirements. The Vendor shall promptly correct or replace any defective goods or services at no additional cost to DATAMARK.

DATAMARK may terminate any purchase order, contract, or agreement, in whole or in part, for convenience or for cause. Termination for cause includes failure to perform, late delivery, noncompliance with these Terms, or breach of applicable laws.

Vendors must comply with all applicable local, state, federal, and international laws and regulations, including those related to labor, safety, environmental protection, data privacy, and anti-bribery. Vendors must also adhere to DATAMARK’s Code of Conduct and site policies when performing services on company premises.

Vendors performing work on DATAMARK premises must maintain appropriate insurance coverage, including general liability, workers’ compensation, and automobile liability where applicable. Vendors are responsible for ensuring that their employees and subcontractors follow all safety rules and site requirements. The Vendor shall indemnify and hold harmless DATAMARK from any claims, losses, or damages arising from the Vendor’s actions or omissions.

All information provided by DATAMARK that is not public knowledge is confidential and may not be disclosed or used for any purpose other than fulfilling the Vendor’s obligations to DATAMARK.

The Vendor agrees to indemnify, defend, and hold harmless DATAMARK, its officers, employees, subsidiaries, and agents from and against any and all losses, damages, liabilities, claims, or expenses arising out of or relating to the Vendor’s performance or nonperformance under these Terms.

Vendors must follow all DATAMARK site rules and safety procedures when on company property. Vendors must report any incidents, injuries, or unsafe conditions immediately to DATAMARK management.

Neither party shall be liable for delays or failure to perform due to causes beyond their reasonable control, including natural disasters, war, strikes, or government actions. The affected party must notify the other as soon as possible and take reasonable steps to minimize the impact.

The Vendor is an independent contractor and not an employee, agent, or representative of DATAMARK. The Vendor has no authority to bind DATAMARK in any manner.

These Terms and Conditions are governed by and construed in accordance with the laws applicable in the jurisdictions where DATAMARK, Inc. and its subsidiaries operate, including all relevant countries, states, cities, and municipalities. Any disputes shall be resolved in accordance with the governing laws of the applicable DATAMARK entity issuing the purchase order or contract/agreement.

These Terms and Conditions constitute the entire agreement between DATAMARK and the Vendor and supersede any prior communications or understandings unless otherwise agreed in writing by both parties.