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PowerPlan Professional Services Standard Terms And Conditions Review & Rating

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Top 2% contract ranking
Contract
Ranking
Top 2%
Ranking

The vendor's agreements were benchmarked against thousands of vendor forms and are in the top 2% for customer favorability.

0
Deal Breakers

90% customer favorability, based on 750 plus contract signals powered by Certify.

90%
Customer Favorable

Indicates balanced, low-risk terms favorable to the customer.

Verified

Top 2% Services contract. No structural blockers. Procurement-ready.

Risk Summary

A concise snapshot of key risks, their impact, and priority concerns.

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Topic
Rating
Details
Liability and Risk Allocation
100% Customer Favorable

Summary

Liability cap

  • PowerPlan's liability is capped at all fees paid (or payable)
  • A secondary cap on PowerPlan's liability covers certain types of data related claims
  • Customer's liability is capped at all fees paid
  • There is no secondary liability cap on Customer's liability

Exceptions to the liability cap

  • Claims related to gross negligence or recklessness are excluded from the cap on PowerPlan's liability
  • Claims related to fraud or willful misconduct are excluded from the cap on PowerPlan's liability
  • Claims related to violations of obligations relating to confidential information are excluded from the cap on PowerPlan's liability
  • Indemnification obligations relating to IP infringement are excluded from the cap on PowerPlan's liability
  • At least some indemnification obligations (other than relating to data or IP infringement) are excluded from the cap on PowerPlan's liability - see citation
  • Claims related to payment obligations by Customer are excluded from the cap on Customer's liability
  • Claims related to violations of PowerPlan's IP rights are excluded from the cap on Customer's liability
  • Claims related to gross negligence and/or recklessness are excluded from the cap on Customer's liability
  • Claims related to fraud and/or willful misconduct are excluded from the cap on Customer's liability
  • Claims related to violations of obligations relating to confidential information are excluded from the cap on Customer's liability
  • Claims related to Customer's use of the service, violations of an acceptable use policy or other restrictions or responsibilities are excluded from the cap on Customer's liability

Excluded damages

  • One or more forms of indirect damages are excluded from PowerPlan's liability
  • One or more forms of indirect damages are excluded from Customer's liability

Exceptions to excluded damages

  • The damages excluded from PowerPlan's liability do not include claims related to gross negligence or recklessness
  • The damages excluded from PowerPlan's liability do not include claims related to fraud or willful misconduct
  • The damages excluded from PowerPlan's liability do not include claims related to violations of obligations relating to confidential information
  • The damages excluded from PowerPlan's liability do not include indemnification obligations relating to IP infringement
  • The damages excluded from PowerPlan's liability do not include at least some indemnification obligations (other than relating to data or IP infringement)
  • The damages excluded from Customer's liability do not include claims related to payment obligations
  • The damages excluded from Customer's liability do not include claims related to gross negligence or recklessness
  • The damages excluded from Customer's liability do not include claims related to fraud and/or willful misconduct
  • The damages excluded from Customer's liability do not include claims related to violation of PowerPlan's intellectual property rights
  • The damages excluded from Customer's liability do not include claims related to violations of obligations relating to confidential information
  • The damages excluded from Customer's liability do not include claims related to Customer's use of the service, violations of an acceptable use policy or other restrictions or responsibilities

Timing of claims

  • There are no limits on when claims must be brought by Customer
  • There are no limits on when claims must be brought by PowerPlan

Claims

  • PowerPlan indemnifies Customer for claims based on third-party IP infringement
  • PowerPlan indemnifies Customer for claims arising from fraud or willful misconduct
  • PowerPlan indemnifies Customer for claims arising from gross negligence or recklessness
  • PowerPlan indemnifies Customer for claims arising from death or personal injury
  • PowerPlan indemnifies Customer for claims arising from damage to property
  • Customer does not indemnify PowerPlan for any claims

Scope of obligations

  • Not all types of IP are covered by PowerPlan's IP indemnification
  • PowerPlan's IP indemnification covers copyright claims
  • PowerPlan's IP indemnification covers patent claims
  • PowerPlan's IP indemnification covers trade secret claims
  • PowerPlan's IP indemnification covers trademark claims
  • PowerPlan's indemnification obligations are the exclusive remedy for indemnified claims
  • PowerPlan's indemnification includes the obligation to provide a defense
  • PowerPlan's indemnification includes the obligation to hold harmless

Limitations, conditions, or exclusions

  • Obligations include conditions regarding Customer's cooperation or PowerPlan's control of the defense
  • Obligations include conditions regarding Customer's use of the services in breach of the contract
  • PowerPlan's IP indemnity does not cover claims resulting from modifications, combinations, or use of an outdated version of the service
  • PowerPlan's indemnity obligations include conditions regarding settlements
  • There are time constraints on when Customer must notify PowerPlan of an indemnifiable claim

Vendor personnel

  • PowerPlan's personnel will be performing services for Customer
  • Customer does not reserve any rights surrounding PowerPlan's personnel performing the services

Vendor's access to premises

  • PowerPlan's access to Customer's premises is addressed in the contract
  • PowerPlan has access to Customer's premises

Vendor on site requirements

  • Customer requires background checks of PowerPlan personnel performing the services
  • Customer requires PowerPlan personnel performing the services to follow certain access requirements
  • Customer requires PowerPlan to obtain certain insurance coverage related to PowerPlan's personnel performing the services
  • Customer requires PowerPlan personnel to follow certain standards of conduct

Warranties Offered

SLAs

  • There is no specified remedy for PowerPlan's violation of the uptime SLA
  • PowerPlan offers an SLA regarding uptime
  • PowerPlan offers some other form of SLA
  • There is no specified remedy for PowerPlan's violation of the other form of SLA

Other warranties

  • PowerPlan warrants that the services will meet specified standards of care or conduct

Implied warranties

  • PowerPlan disclaims some or all implied warranties
Data & Privacy
80% Customer Favorable

Data Rights

Data provided by Customer

  • PowerPlan does not claim ownership of any data provided by Customer
  • PowerPlan receives rights to use data provided by Customer to comply with applicable law
  • PowerPlan receives rights to use data provided by Customer for its internal business purposes
  • PowerPlan receives rights to share data provided by Customer with third parties who may only use it to provide or improve the services
  • PowerPlan receives rights to use data provided by Customer for marketing purposes

Data Security

Subprocessor obligations

  • The contract lists or references a list of some subprocessors
  • PowerPlan is required to ensure that subprocessors are bound by data or privacy requirements similar to those in this contract

Security commitments

  • PowerPlan makes contractually binding data security commitments

Third party audits, standards, or certifications

  • PowerPlan commits to comply with at least one third-party data security audit, standard, or certification
  • PowerPlan commits to Soc 1 audits
  • PowerPlan commits to Soc 2 audits
  • PowerPlan commits to ISO 27001 standards and/or certification
  • There are qualifications and/or limitations to PowerPlan's commitments to comply with third-party data security audits, standards, or certifications

Data breach notification policy

  • PowerPlan commits to notifying Customer of a security breach impacting Customer's data

Summary

Customer's confidential information

  • PowerPlan must provide some protection of Customer's confidential information
  • PowerPlan explicitly commits not to disclose Customer's confidential information, except as necessary to provide the services
  • PowerPlan explicitly commits not to use Customer's confidential information, except as necessary to provide the services

Vendor's confidential information

  • Customer must provide some protection of PowerPlan's confidential information

Mutuality

  • All commitments concerning confidential information are mutual

Residuals clause

  • There is no residuals clause

Warranties Offered

Compliance with documentation/specifications

  • PowerPlan does not warrant that the services will comply with documentation or specifications
Commercial & Payment Terms
70% Customer Favorable

Payment Terms

Late payment penalties

  • There are no penalties for late payments

Payments due

  • Customer has at least 30 days to pay

Vendor's expenses

  • PowerPlan reserves the right to bill Customer for one or more types of expenses incurred by PowerPlan
  • PowerPlan reserves the right to bill Customer for expenses beyond the collection of unpaid fees

Billing structure

  • Services are billed on a time and materials basis
  • Service billing is handled in the Order/SOW

Invoice timing

  • Invoicing for services is based on predefined progress or time-based deliverables
  • PowerPlan can submit invoices for deliverables prior to Customer's acceptance

Charges and Penalties

  • Fees may be imposed on Customer if the services are delayed due to Customer's actions or inaction
  • Fees may not be imposed on PowerPlan if the services are delayed due to PowerPlan's actions or inaction
Term, Termination, & Control
70% Customer Favorable

Summary

Customer's termination rights

  • Customer has certain rights to terminate for cause
  • Customer has certain rights to terminate for convenience

Refunds

  • Customer's termination rights do not include the right to a refund

Auto-renewal

  • The contract and/or any order under it does not auto-renew

Vendor's termination and suspension rights

  • PowerPlan may terminate for convenience by giving less than or equal to 15 days' notice
  • PowerPlan may suspend Customer's access to the service for payment-related issues
  • Customer has between 11 and 30 days to cure a breach before PowerPlan can terminate for cause
IP & Ownership
60% Balanced Favoring Customer

Customer's IP

Licenses to Customer IP

  • PowerPlan receives a right to Customer content
  • PowerPlan receives a right to Customer's suggestions and/or feedback

Assignment of Customer IP or work product

  • Customer does not assign any work product or other IP to PowerPlan

Vendor's IP

Assignment

  • PowerPlan assigns no ownership rights to any work product resulting from the services

Embedded software/firmware

  • Customer receives a right to use software and/or firmware included with or embedded in the products

Warranties Offered

Other warranties

  • PowerPlan provides warranties regarding its authority to enter into this contract and/or the validity of this contract
Restrictions & Controls
60% Balanced Favoring Customer

Summary

Non-compete

  • There are no restrictions on Customer's ability to compete as long as Customer doesn’t violate the agreement or use the services to compete

Non-solicit

  • There is one or more restriction on Customer's right to solicit
  • Customer may not solicit PowerPlan's employees
  • Customer may not solicit PowerPlan's contractors
  • The non-solicit provision does not prohibit solicitations in the form of general advertisements

Vendor's assignment rights

  • PowerPlan is allowed to assign in the event of a merger or acquisition
  • PowerPlan is allowed to assign in the event of a corporate reorganization
  • There are consent requirements restricting PowerPlan's ability to assign the contract
  • Consent requirements do not apply in the event of a merger or acquisition
  • Consent requirements apply to PowerPlan's assignment rights in the event of a corporate reorganization
  • There are no notice requirements restricting PowerPlan's ability to assign the contract
  • There are no restrictions or conditions on PowerPlan's right to assign to a competitor of Customer

Customer's assignment rights

  • Customer is allowed to assign in the event of a merger or acquisition
  • Customer is allowed to assign in the event of a corporate reorganization
  • There are consent requirements restricting Customer's ability to assign the contract
  • Consent requirements do not apply in the event of a merger or acquisition
  • Consent requirements apply to Customer's assignment rights in the event of a corporate reorganization
  • There are no notice requirements restricting Customer's ability to assign the contract
  • There are no restrictions or conditions on Customer's right to assign to a competitor of PowerPlan

Exclusivity

  • There are no restrictions on Customer's ability to procure similar products or services from other vendors

Access the complete methodology and detailed breakdown by downloading the full report for in depth insights

Why this Matters

See value, risks, and position at a glance for better decisions.

A certified contract gives buyers an immediate signal that the agreement has already been independently reviewed against objective standards, so they do not need to start from a blank slate. That means procurement and legal can focus on any truly exceptional issues instead of re-litigating the whole paper, helping the vendor get to usage faster.

When a contract is benchmarked and certified as Balanced or Customer Favorable, buyers know the core terms are already aligned with market norms and defined fairness criteria. That reduces the instinct to redline broadly, because the agreement has already cleared a credibility threshold before negotiation begins.

Certification gives internal stakeholders a common, data-backed basis for approval, which lowers the time spent debating whether the contract is “acceptable”. In practice, that lets procurement, legal, and finance move from review mode to decision mode much faster.

A certified contract signals transparency: the vendor is willing to have its terms independently assessed and publicly displayed as fair, balanced, and market-aligned. That kind of external proof reduces suspicion about hidden risk and makes buyers more comfortable moving forward.

Because certification removes uncertainty early, buyers can spend less time negotiating standard terms and more time deciding whether the product is the right fit. TermScout positions this as a way to cut negotiation friction and accelerate time to signature, which directly shortens the overall deal cycle.

How TrustMark™ Works?

1

Data Extraction

Scans and converts legal text into structured data.

2

Objective Scoring

Clauses benchmarked against market data.

3

Deal Breakers

Risks and non-negotiables flagged early.

4

Benchmarking

Compares your contract to market standards.

5

Certification

Contract validated after meeting risk and score thresholds.

Based on 750 plus contract signals benchmarked against market data.

Certified Contract Reports, Explained

Verified™ contract reviews are reviews of contracts that have been carefully checked by contract experts. This review is designed to help users understand the rights and obligations associated with the Professional Services Standard Terms and Conditions ("TC") for PowerPlan, Inc.. We looked at the issues found in 'Term Sheets' and did not look for any other issues.

For more information on TermScout's contract review process, visit our methodology page.

In order to qualify for Certification, a contract must meet the following criteria:

  • Achieve a TermScout rating of Balanced or Customer Favorable, and
  • Be free of all designated Deal Breaker clauses.

The difference between certified Balanced and certified Customer Favorable is the TermScout favorability rating achieved by the contract. Each of these criteria is more fully described below.

A contract is balanced when it allocates risks between the parties in a roughly equal manner, as determined by TermScout's two-step, data-driven analysis. First, we use our proprietary AI to abstract over 750 defined data points from each contract we analyze. Then, we use an algorithm to objectively score that data. Because TermScout looks at the exact same set of data points and uses the exact same scoring algorithm in every contract analysis we conduct, you can now compare contracts on an apples-to-apples basis.

This enables us to objectively rate contracts at both the agreement level and by key topic area (e.g., limitations of liability, indemnification, warranties, etc.) and show you which contracts are vendor favorable, which are customer favorable, and which are balanced.

Not all risks are created equal. Even if a contract shifts only a single risk to the buyer, the contract still may not merit certification if that risk is material enough. Examples of these types of Deal Breakers include exclusivity, complete disclaimers of liability, etc. Accordingly, TermScout will not certify a contract if it contains any of the following Deal Breaker clauses,² which TermScout identified by reference to market data and input from prominent buy-side and sell-side legal experts from TermScout's Innovation Advisory Council:

This makes it nearly impossible for a customer to recover from a vendor, no matter what goes wrong - even if the vendor violates other provisions of the contract.

Signing non-competes means contractually promising not to engage in a certain line of business. This is something most businesses want to avoid where possible.

Agreeing not to procure similar services from other companies can severely hinder a company's ability to do business.

Since most IT services today are delivered "as a service", customers often upload wide varieties of information onto vendors' servers. Confidentiality commitments are expected by most customers.

This means the customer's liability is completely unlimited under the agreement.

This means that the customer does not have any way to terminate the agreement or end the relationship.

The goal of TermScout's reports is to provide users with the data necessary to make an informed decision about whether they can accept the terms. The data provided in TermScout's reports includes:

  • Term Sheet: A full report of the key rights and obligations contained in the agreement.
  • Overall Ratings: TermScout's overall impression of the favorability of the contract vis a vis the parties. These ratings are algorithmic approximations of favorability that are based on market data and the subject views of contract experts with experience in the specific type of contract.
  • Rare Clause Radar: TermScout identifies and surfaces a list of the most rare and material clauses that favor your counterparty.
  • Playbooks: Playbooks are a way of programming into TermScout's software a specific set of acceptance criteria for a contract type. All accounts have access to sample Playbooks for select templates, and Pro accounts have the ability to build custom Playbooks.
  • Comparable Contracts: We'll show a list of contracts sorted by favorability ratings and allow for the comparison of similar contracts based on position, industry, and contract type.
  • Market Data: Any right or obligation in a contract can be compared to market data for similar contract types, including data from TermScout's Contract Market Database™ of thousands of public contracts and anonymized and aggregated data from hundreds of negotiated contracts.

Certified Contract Reports contain only a subset of the above data. To access all of the data available, create a free account here and search for the desired contract in Triage.

Please note that this report focuses on the identification of terms from the contract documents listed under 'Scope of Review' and compares them against a defined set of criteria. Certain services may be subject to additional terms not available to TermScout, such as purchase orders and other deal-specific documents. You should always review the terms associated with the specific service you are using and know that TermScout's ratings generally do not cover (a) services purchased through a reseller, (b) offline variants of any of the Agreements, (c) service-specific terms that override any of the terms discussed here, or (d) free services. You also should consult your legal counsel if you have any questions about the meaning, significance or assessment of any agreement or provision.

TermScout prepared this report with an average use-case customer in mind and operated under the assumptions listed below (the "Key Assumptions"). To the extent that provisions in a contract vary based on specific circumstances that differ from the Key Assumptions, TermScout ignores those variations. Additional contract-level assumptions, if any, are disclosed in 'Notes to Customer'.

Key Assumptions

  1. Customer is an average "end user" of the service (i.e. not a partner, distributor, or developer).
  2. Customer is not a government entity.
  3. Customer is a US-based company and is using the service in the US.
  4. Customer is a paying user (i.e. not a user of free services).
  5. Customer is not using beta services.
  6. Unless otherwise noted, service-specific terms that may override or supersede the terms of the Agreement are not reviewed by TermScout.

We reviewed the TC for PowerPlan and any documents specifically listed under 'Scope of Review'. For purposes of this report, "Customer" means the party contracting with PowerPlan and "Vendor" means PowerPlan.

References herein to the "Agreement" are to the following documents:

  • The Primary Document: Professional Services Standard Terms and Conditions ("TC")
  • The following Secondary Document(s) expressly incorporated by reference into the Primary Document and reviewed by TermScout as part of this analysis:
    • Acceptable Use Policy ("AUP")
    • Data Processing Addendum ("DPA")
    • Service Level Policy ("SLP")
    • Security Policy ("SP")
    • Privacy Notice ("PN")

TermScout did not review any documents other than those listed above. If other documents form part of this Agreement, the answers provided by TermScout may be incomplete or incorrect. TermScout's accuracy commitments only cover documents specifically identified in this section.

No additional notes to customer for this report.

View a full breakdown of our contract certification deal breakers.

Frequently Asked Questions

Find quick answers to the most common questions about our platform, process, and agreements.

Contact Us

Procurement and IT teams often escalate data-platform agreements when vendors reserve broad authority to modify storage architecture, processing practices, service functionality, or operational policies without structured customer review. Delays increase when those changes could materially affect analytics workflows, compliance obligations, integrations, or governance assumptions established during onboarding. Enterprise buyers generally expect data-platform providers to maintain predictable operational controls because these systems often support business-critical reporting and enterprise infrastructure functions.

Buyers frequently challenge agreements that permit vendors to revise security practices, processing regions, pricing structures, or technical limitations through external policy updates without meaningful notice or contractual safeguards. Additional concern arises when customers lack workable termination rights following material operational changes. Enterprise review teams generally favor structured change-management frameworks that preserve visibility and operational continuity across long-term data infrastructure relationships.

Enterprise buyers often interpret broad modification authority as a signal of future governance instability, especially when the platform manages sensitive operational or analytical data. Agreements that preserve advance notice obligations, escalation pathways, and stable contractual commitments generally create more confidence during procurement review. In contrast, heavily vendor-controlled change frameworks may suggest that operational accountability and governance expectations could shift materially after implementation without sufficient customer oversight.

Buyers commonly assess whether contractual modification rights could disrupt integrations, reporting environments, retention practices, or regulatory controls that depend on stable operational assumptions. Concern increases when vendors can alter infrastructure locations, processing methods, or access controls without coordinated governance procedures. Enterprise teams increasingly evaluate these provisions as indicators of long-term operational reliability and vendor-governance maturity rather than isolated legal drafting issues.

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