Subscription Service Agreement Updated December 7th, 2016
This Subscription Service Agreement is between SIDERESULT SOFTWARE, LLC. (“SideResult”) and “Customer” with its principal place of business as provided during account sign-up process. SideResult allows its customers to instantly setup their own online branded corporate presence for Loan Calculators, Lobby Management and Business Development software. SideResult and “Customer” hereby agree that the following terms and conditions will apply to the services and software provided by SideResult to “Customer”.
Acceptance of Terms
By signing this Agreement, or registering for a Monetary Labs Account ( “SideResult Service” or “Service”) or by using Service or continuing to use the Service, this Subscription Service Agreement is valid and in effect. Usage of Service includes all content and functionality available through the website, its sub-sites, published by SideResult.
SideResult and you (the “customer”) fully agree to the following terms and conditions. You represent that you are 18 years of age or older and have the legal power and authority to enter into this agreement. If you are signing up to use SideResult’s various products and services on behalf of a company, you represent that you have complete authority to bind the “Customer” to the terms governing the use of the SideResult services, and the term “customer” means your company, all of its employees and its Affiliates. If you do not agree to the terms of this agreement, or if you do not have the authority, then you must stop using SideResult products and services.
Customer and User
The term “Customer” shall mean the individual, a business or a legal entity including its employees, affiliates, partners, customers, contractors and agents registering for any SideResult product or Service via any SideResult web site. The term “User” and “Users” shall mean an individual, and if the “Customer” is representing a business or a legal entity, the term shall also encompass its employees, affiliates, partners, customers, contractors or agents, who access the Service established by the “Customer”.
Accurate Customer Information
The Customer agrees to provide SideResult with accurate billing and contact information, including legal name, company name (if applicable), street address, telephone number, and Email address. The Customer also agrees to notify SideResult of any changes to this information within a period not to exceed 30 days. SideResult reserves the right to terminate Customer access to the Service, without any obligation to return Customer data, if the Customer provides false or fraudulent contact or billing information.
Customer Account Security and Passwords
The Customer is entirely responsible for any and all activities that occur within the Cusomer’s account, and where applicable, the activities that occur within additional accounts established by the Customer. The Customer will choose, or be temporarily assigned, all applicable passwords to use with the SideResult Service. The Customer shall be entirely responsible for maintaining the confidentiality of their passwords and account data, and where applicable the passwords and accounts of each user accessing the Service using an account established by the Customer. Any unauthorized use or breach of security of a Customer account, and where applicable other accounts established by the Customer, shall be reported immediately to SideResult.
Customer Account Data
SideResult acknowledges that all data submitted to the SideResult Service by the Customer, or its agents, is intellectual property owned exclusively by the Customer. The Customer acknowledges, and agrees, that the accuracy, integrity, reliability, quality, legality, and copyright of all Customer Data shall be the sole responsibility of the Customer, and SideResult shall not be held accountable or liable for any correction, deletion, loss, destruction, or failure to store any such Data.
Confidentiality of Customer Information
Customer Information such as contact details, data, and usage analytics is considered confidential. SideResult will not share, rent, sell, or trade Customer information. SideResult may use the Customer Information to contact the Customer and provide necessary support, evaluate the satisfaction of service, enhance Customer experience or ensure proper billing and payment for our service.
The Customer, and employees or agents, will not use the SideResult Service in any way to transmit through the Service any unlawful, harassing, libelous, unsolicited commercial email (“spam”), abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. The Customer agrees to defend, indemnify, and hold SideResult harmless against any claim or action, civil or criminal that arises from the Customers use of the Service in any manner.
SideResult, or its designee(s), shall provide 24×7 Email Support or Telephone support during normal business hours (9:00am to 5:00pm Pacific Time Zone) Monday-Friday, except on holidays.
By registering for a Monetary Labs Account (“Service”); its use or continued use shall be deemed to be agreement to establish and maintain Service by the Account User and to abide by all the terms and conditions of this Agreement. Service will provide the Customer with the use of SideResult Software through Web browsers.
Service Access and Availability
The Customer is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access any SideResult Service, and for paying all third-party access charges incurred while using the Service. SideResult warrants that the SideResult Service will have 98.99% uptime reliability. If the Service experiences an outage greater than the uptime warranty, the Customer will be entitled to a refund of Total Monthly Subscription fees equal to the prorated number of minutes of the reported outage. The Customer acknowledges, and agrees, that written notice from the Customer showing proof of the outage must be made within 10 days of the outage, and that planned outages in which SideResult provides at least 24 hours advanced notice shall not be entitled to refunds.
Proprietary Software and License
Customer acknowledges, and agrees, that the Service uses proprietary software (the “Software”) owned by SideResult or its affiliates, and the Customer is being granted an individual, non-exclusive, non-transferable license to use the Software subject to the terms and conditions of this Agreement. The Customer acknowledges, and agrees, that the Customer, its employees or agents, are expressly prohibited, directly or indirectly, from attempting to discover the source code, underlying algorithms, or technology of the Software; rent, lease, sell, assign, or transfer rights to the Software; modify or make derivative works based on the Software; or use the Software in any service bureau or timeshare capacity. The Customer acknowledges, and agrees, that SideResult retains exclusive ownership throughout the world of its Software, including portions or copies, and all rights not expressly granted to the Customer are reserved by SideResult.
30-Day Free Trial Subscription
The Customer may be given a 30-day free limited trial period to use the Service. Commencement of the 30-day period starts with the date of acceptance of this Agreement. The Customer acknowledges, and agrees, that following the expiration of the 30-day trial, SideResult may notify the Customer of the expiration of the free trial period, and the Customer acknowledges, and agrees, that continued use of the Service beyond the 30-day trial date will automatically renew this Subscription Service Agreement, and constitute acceptance of the obligation for payment of the Service under the terms and conditions of this Agreement. SideResult has no obligations to Customer in any way during the trial period.
Paid Subscription Plan
Customer agrees to have bought the account in accordance to a “Subscription Plan” selected on SideResult Web Site during checkout (buying) process or by issuing a Statement of Work to SideResult. CUSTOMER further acknowledges and agrees that Customer will be entitled to pay an amount at least equal to the price of the “Subscription Plan” bought by the Customer for every billing period/cycle in advance of the billing cycle. Customer understands that “Subscription Plan” offers a maximum limit on their usage in terms of number of Registered or Active Users, and other factors described in the plan such as storage, encoding or bandwidth consumed by the Customer in a given billing period/cycle. Customer agrees to use SideResult for the paid account in accordance to these limits. However, in case Customer does exceed these limits, set forth by the package purchased by the Customer, Customer will be liable to pay the difference of amount as defined in subscription agreement and revised time to time.
Billing Period and Payment Method
Once Customer purchases a “Subscription Plan”, SideResult charges and collects fees in advance for the use of the various “Services”. If the Customer selects a Service that is available on the Monthly Payment Plan, the Customer acknowledges, and agrees, that the Service will be provided on a Monthly or Yearly billing cycle. A recurring billing charge will be automatically issued to the Customer every Billing Period. Payment shall be made using Credit Card or via Check, Debit or Wire Transfer and will be in U.S. Dollars. The Customer agrees to pay the Total Subscription fees for its account in accordance with the “Subscription Plan” and billing terms in effect at the time the fees are due and payable. The Subscription fees are nonrefundable whether or not any, or all, of the User Licenses or Usage are actively used for the Service during the billing period. The Total Subscription fees or portions thereof, are also non-refundable if the Customer chooses to cancel their account prior to the end of the billing period.
Calculation of Subscription fees
The Subscription fees charged to the Customer shall be equal to the current “Subscription Plan” in affect at the time of the Customers’ billing cycle based on purchased package.
Excess Registered/Active User Subscription Fee
The Customer acknowledges, and agrees, that the Service is billed on a selected “Subscription Plan” allowing a limited number of Registered or Active Users to access and consume SideResult Service. If the number of User accounts created by the Customer, exceed the registered User limits or Number of Users access the Service within a calendar month exceed Active User limit set forth by the Package purchased by the Customer, the Customer will be charged for the Excess User Subscription fee based on terms and conditions in “Subscription Plan”. SideResult provides management of user accounts to help Customer add, edit and delete its user accounts to keep it under control and allowed limits.
Local and State Taxes
Billing amounts are exclusive of all taxes, levies, or duties that may be imposed by taxing authorities having jurisdiction over the Customer’s access location. Due to the mobility of access to the SideResult Service, the Customer acknowledges, and agrees, to be responsible for the payment of such taxes, levies, or duties, if any.
In case the Customer identifies a billing error, the Customer must contact SideResult in writing within 30 days of receiving an invoice or billing receipt containing the amount in question in order to be eligible to receive a credit or adjustment. Upon verification & validation of reported Billing error by SideResult and in the outcome that SideResult finds the Billing error to be true, the maximum credit that a Customer could be entitled to, shall not exceed the total amount of the bill in question.
Renewal of Service Agreement
The Customer acknowledges, and agrees, that this Service Agreement shall automatically renew based on “Subscription Plan” unless either party requests a change to the Subscription Agreement or its termination.
In the event the Customer account becomes overdue, SideResult reserves the right to suspend the SideResult Service provided to the Customer. The Customer acknowledges, and agrees, that suspension of the account will deny the Customer, and all users accessing the SideResult Service using the Customer account, access to the SideResult Service until delinquent accounts are paid in full. In addition to the rights granted herein, SideResult reserves the right to terminate this Agreement in accordance with the terms and conditions of this Agreement.
Termination of Service Agreement
This Service Agreement can be Terminated at any time by the Customer. The account will remain active until the end of the current billing cycle. Upon termination of the Service Agreement for any reason, the Customer, and all its users accessing the SideResult Service using the Customer account, will immediately cease all use of the SideResult Service. After termination, SideResult will remove all data in the Customer account within 30 days. SideResult will make a file of the Customer data available to the Customer for a fee if the Customer makes such a request in writing at the time notice of termination is given and all Customer charges are paid in full upon termination. The Customer acknowledges, and agrees, that SideResult is not obligated to retain the Customer data after termination, and will delete the data after such time.