Terms of Service Agreement
The following terms and conditions (these
"Terms") govern the provision by Balance Servers, Inc.
("Company") of the services and/or products (referred herein as
"Services and Licensing") described within the Order Form, website
and Support Terms Agreement (collectively the "Service
Descriptions”) 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, as this "Agreement."
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By placing an order via the online order form
the Customer agrees to the following: |
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Customer states that they are of the proper
age to enter into a contract with the Company for services
and licensing. Contracts may only be entered
into if the person is 18 years of age or older. Any
potential client that does not meet this age requirement,
must have a person of legal age order the product for them. |
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Customer agrees to pay the posted fees for
software/services as they are displayed on the website. |
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Customer agrees to pay for all services and
licensing on time and in full. Customer accounts are
considered delinquent days after payment due date.
Suspension of services/licensing is automatically processed
on the fifth day that payment is not made. Customer agrees
to pay a re-activation fee of $10.00 for re-activation of
any and all suspended services and or licensing. |
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• |
All licensing, software and service fees are considered pre-paid and
are non-refundable. |
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Customer must submit all cancellation of
service requests 7 days prior to the next due due. Requests
for cancellation of services/licensing must be requested via
a support ticket submitted into our support center located
at
https://www.tcadmin.com/billing Once logged in
click the "Get Support" link to create a ticket with your
cancellation request under the "Billing" department. Failure to properly request
cancellation within this timeframe may result in additional
invoices being created which the Customer is liable for.
If payment is made via Paypal, it is the client's
responsibility to cancel any and all subscriptions they may
have created during the signup process. |
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Customer agrees that the Company's software
may not be used by them in a harmful or illegal manner. |
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• |
The Company's software/services may not be installed or used in
locations where it would be against local or international law to do
so. |
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The Company reserves the right to terminate
any and all licensing and services to any Customer it deems
in violation of any condition set forth within the support,
licensing and this terms agreement or for reasons it deems
appropriate. |
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Customer acknowledges that they have read
any fully agree to the Software Licenses agreement located
at
http://www.tcadmin.com/license.php and also the Support
Agreement which can be viewed at
http://www.tcadmin.com/supportagreement.php |
| • |
Customer does not order services and or
licensing under the pretense of defrauding the company by
non-payment or by attempting charge backs or other actions to
regain money after the Company's services and or licensing
has been granted by the Company. |
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In addition to the
above terms the Customer also agree to abide by the following legal
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
Governing Law
This Agreement shall
be governed by and construed in accordance with the laws of the
State of Massachsetts (USA)
