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These Terms and Conditions constitute a binding contract between BUYER and SELLER and are referred to herein as either “Terms and Conditions” or this “Agreement”. BUYER accepts these Terms and Conditions by placing an order with SELLER.
BUYER agrees to pay SELLER the price for the Products, including any required down payment, in the amount and in accordance with the payment terms set forth in the Purchase Order.
All prices and charges for Products provided hereunder are exclusive of any taxes applicable to the transaction, such as value added taxes, sales or use taxes, duties, or other taxes or levies imposed by any government, public authority, or government agency on BUYER’s purchase of the Products hereunder, all of which are the responsibility of BUYER to pay, provided, for avoidance of doubt, that BUYER shall not be responsible for payment of any taxes based on the income, property or employment of employees by SELLER. In the event SELLER is ever assessed or threatened to be assessed taxes, fees, levies, penalties and/or fines regarding BUYER’s failure to pay any taxes applicable to the transaction, BUYER authorizes SELLER to submit an AUTOPAY draft for the amount claimed due from BUYER.
In no event will returns be allowed. In the event BUYER cancels BUYER’s order prior to delivery of the Products SELLER will refund to BUYER within ninety days. Software License Fees, Labor and Services. No refund will be given for any software provided BUYER or prepaid software license fees or labour provided, expended or committed to BUYER. BUYER shall have no claim against SELLER for any other refunds or damages.
SELLER shall ship products to BUYER four weeks from receipt of the purchase order and payment of the purchase price specified in the purchase order is made.
Upon payment of the monthly License Subscription Fee detailed in the Purchase Order, SELLER grants to BUYER a month to month, nontransferable and nonexclusive license to use the software. This is a month to month license. Payment of the License Subscription Fee is due in advance of each month. SELLER’s receipt of such payment grants BUYER an additional one month term of the license. When the balance of prepaid License Subscription Fee are exhausted, BUYER’s software license term will automatically expire and the Software will cease to function for BUYER and any data stored by this Software will be unavailable to BUYER. BUYER may terminate the license by giving SELLER 30 days written notice via electronic mail. SELLER will acknowledge receipt of the termination request via return electronic mail to BUYER. SELLER may terminate this license at any time if BUYER fails to comply with any of the terms of this Agreement or for SELLER’s convenience upon 30 days written notice to BUYER. Within five (5) days after the termination of the Agreement, BUYER will return to SELLER the Software and all copies thereof (including, without limitation, partial copies or modifications), and supporting documentation in BUYER’s possession or control.
Upon termination of this Agreement, SELLER may interfere with, suspend, or terminate BUYER’s use of and access to the Software at no liability to SELLER.
SELLER will provide premium software support via telephone and Internet remote connection on first come; first served basis provided BUYER’S License Subscription Fee is current. Support technicians are typically available 5:00 AM to 5:00 PM Monday through Friday (except holidays). After hours and weekend emergency support plans are available for additional monthly cost. SELLER has no obligation to provide support for software other than that is manufactured by SELLER and DOES NOT provide support on issues related to or stemming from computer viruses, spy-ware, Windows updates and/or ad-ware.
Any Products requested by BUYER in the future will be based on prices in effect at that time.
As an additional condition of use by BUYER of SELLER’s goods and services, BUYER acknowledges and agrees that SELLER may collect and warehouse electronic data and other information relating to BUYER’s purchases and sales through BUYER’s use of SELLER’s software. The purpose of collecting this data is to compile real time information about sales, retail pricing and customer purchasing trends within specific geographic boundaries to drive business intelligence dashboards of how BUYER’s business compares to the group.
BUYER agrees SELLER may share this information with BUYER and other customers of SELLER provided SELLER does not disclose identification of BUYER or BUYER’s customers and vendors, including but not limited to names, addresses and phone numbers to anyone other than BUYER’s supplier(s).
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