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Terms of Service

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."

           

 

By placing an order via the online order form the Customer agrees to the following:

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.
Customer agrees to pay the posted fees for software/services as they are displayed on the website.
Customer agrees to pay for all services and licensing on time and in full. Customer accounts are considered delinquent 5 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 $5.00 for re-activation of any and all suspended services and or licensing. If your license is cancelled due to non-payment you MUST purchase a new license. Cancelled and/or terminated licensing cannot be re-activated, with the exception of purchased licenses.
All licensing, software and service fees are considered pre-paid and are non-refundable.
Customer must submit all cancellation of service requests via the Client Billing and System at least 14 days prior to their service due date. Clients may request cancellation of a service or services by logging in at https://clients.tcadmin.com  Once logged in click the "My Products and Services link at the top of the page. Then click on the "View Details" link next to the product you would like to cancel. On the next page click the "Request Cancellation" link at the bottom of the page. Client's have the option to cancel immediately, or cancel at the end of the billing cycle. If a client choose immediate cancellation the service(s) will be cancelled within 24 hours. If a client chooses "End of Billing Period" the service(s) will be cancelled on the next due date. Client's that do not cancel their service(s) before the due date are liable for a $5.00 reinstatement fee as well as the regular charges associated with their service(s). If payment is made via Paypal, it is the client's responsibility to cancel ANY and ALL subscriptions they may have created for services rendered.
Customer agrees that the Company's software may not be used by them in a harmful or illegal manner.
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.
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.
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://tcadmin.com/supportservices.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)