The following terms and conditions (these "Terms") govern the provision by Duoware Technology ("Company") of the services and/or products (referred collectively herein as "Services and Products") described on the Service Order Form, the Service Level Agreement and defined in any of the Company's product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement."

By submitting an order, Customer hereby agrees to the following:

• Customer agrees to pay for hosting services rendered in advance of each service term.
• Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
• Customer agrees to pay Company at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Company expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing a valid credit card.
• Invoices are due on the date indicated on the invoice. A five (5) day grace period is allowed beyond the specified due date, after which all related accounts are subject to suspension. If the invoice is not paid 20 days following the due date, your account is subject to termination. A late fee of $25 is assessed once your due date has passed.
• If for any reason Company is unable to charge Your Credit Card for the full amount owed Company for the Services provided, or if Company is charged a penalty for any fee it previously charged to Your Credit Card, or Check, You agree that Company may pursue all available remedies in order to obtain payment, including contact by electronic mail, postal mail, and phone.
• Customer agrees to adhere to the Company Acceptable Use Policy.
• Customer agrees not to engage in activity that violates English laws applicable to the service terms described herein.
• Company reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy and Terms of Services.

Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

 

INDEMNIFICATION

Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

 

LIMITATION ON COMPANY LIABILITY

Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY'S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

 

notices

Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested. Duoware Technology, 4155 Lawrenceville Hwy #8111, Lilburn, GA 30047, Attention Accounting Manager.

 

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with United States Law, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

 

MISCELLANEOUS

Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

 

 

 

updated: 12-1-2015