|In order to register with us, please review and accept the Licensee Agreement listed below:|
|This Agreement is by and between Qwipit, LLC having a principal place of business at 6176 Island Bend, Suite C, Boca Raton, FL 33496 (hereinafter referred to as "Qwipit") and the Customer (hereinafter the "Customer"), effective upon accepting this agreement.
a. This Agreement is for month to month service, and shall be automatically renewed at the end of every month.
2. Service Responsibilities of Qwipit
a. Qwipit will provide Customer with an interactive online Secured Send/Receive Data Processing site on the World Wide Web.
b. Qwipit will provide all the necessary and appropriate security measures to insure the integrity of the data as well as exercise reasonable care and diligence to prevent the loss of data.
c. Qwipit will provide 24 hour - 7 day a week access to the web site
3. Charges for Services
a. The charges for services provided under this Agreement will be a fixed monthly charge as shown on the price list in paragraph 12. Charges will be calculated based on the usage by Customer and will be based on the pricing scale for the billing month. Qwipit has the right to adjust pricing after the first year of this Agreement has completed only after giving ninety (90) days prior written notice.
a. Payment terms are due on receipt of Invoice
b. Customer is liable for all expenses incurred in collecting charges that are in arrears, including, but not limited to, reasonable attorneys' fees.
a. If Customer does not want to renew the Agreement, Customer shall notify Qwipit 5 days prior to the end of the month.
a. Qwipit agrees to hold confidential all of the Customer's data in its possession exercising the same degree of care that a reasonable and careful company would exercise with similar data of its own.
7. Limitation of Liability
a. The liability of Qwipit to the Customer for damage to or loss of data shall be limited to the undertaking of a re-store of the lost or damaged data from the Web site's computer. Under no circumstances will Qwipit be liable for the contents or value of the Customer's lost or damaged data. Furthermore, Qwipit will not be liable for incidental or consequential damages even if it is advised of the possibility thereof. This limitation of Qwipit's liability will apply regardless of the form of action, whether in contract or tort (including negligence).
b. Qwipit will not be liable for any damages due to causes beyond its reasonable control, including but not limited to: acts of G-d, fire, war, natural disaster, accident, riots, acts of government, shortage of materials or supplies, failure of any transportation or communication system, non-performance of any of the Customer's agents or third party providers (including, without limitation, the failure or performance of common carriers, interchanged carriers, local exchange carriers, internet service providers, suppliers, subcontractors) or any other cause beyond its reasonable control. Qwipit's total liability is up to one month's service fees. Qwipit's liability to Customers shall not, for any reason, exceed the amount of the monthly payment actually made by the Customer to Qwipit over the course of the existing term of this agreement.
c. Except for the express warranties stated herein, Qwipit disclaims all warranties including all implied conditions and warranties, and warranties of merchantability and fitness for a particular purpose, title, and non-infringement with respect to the service.
8. Maintenance and Support
a. Customers can obtain assistance with any technical difficulty that may arise solely in connection with utilization of the Web Site by requesting assistance by e-mail to firstname.lastname@example.org
b. Qwipit reserves the right to establish limitations on the extent of such support, contact information and the hours at which it is available.
c. Qwipit may also attach a fee to any service that needs to be performed to rectify any problem that is not a direct result of any action taken by Qwipit.
d. Customer is responsible to obtain and maintain all telephone, computer hardware, other equipment and services needed for access to and use of the Web Software.
9. Ownership Warranty
a. Customer warrants that they are the owner or legal custodian of the data transmitted to Qwipit pursuant to the terms of this Agreement and that they have full authority to transmit said data and direct its disposition in accordance with the terms of this Agreement.
a. If either party fails to perform its obligations under this Agreement, or such failure continues for a period of fifteen (15) days after written notice, the other party shall have the right to terminate this Agreement. This Agreement is the complete and prevailing Agreement between the parties with respect to the subject matter herein, and there are no other understandings or representations, oral or written. The provisions of this Agreement are declared to be severable. Neither party may assign this Agreement without the content of the other. This Agreement is governed by the laws of the State of New York.
Disputes under this agreement that cannot be mutually settled shall be subject to binding Arbitration to be held in New York pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator(s) selected shall be knowledgeable about the data processing industry. Cost of the arbitration shall be borne equally by the parties.
12. Price List (as of May 2008)
$ 25.00/month - 1 users
$ 50.00/month - 2-10 users
$ 75.00/month - 11-25 users
$125.00/month - 26-50 users
$225.00/month - 51-100 users
$Call us - 100+ users
The parties agree to the terms and conditions set out on this contract.