Terms of Agreement - April 1, 2002
1. Net Trek Inc, (hereafter, “the Company”)
agrees to provide storage and remote access services
of the Client’s files by use of the software provided.
2. TERMS OF AGREEMENT. The contract shall be for the
term of one (1) year beginning on the date of the initiation
of service to the Client, renewing automatically (at
the prevailing rate on the date of renewal) until terminated
by either party. See Termination below. See Rates & Services
for fee schedule. All rates are based on the requested
storage quantity. Your storage will not be able to exceed
that requested. “Disk Space Usage on server” is
listed on the client software and is viewable whenever
active. Clients with delinquent accounts will be denied
access to all services when the account becomes delinquent.
Written notice by email to the latest Client email address
known by the Company will be generated when an account
becomes delinquent. After a period of 90 days the files
of any delinquent Client shall be deleted from the Company’s
server after.
3. LIMITATION OF WARRANTY LIABILITY. The Company claims
that the use of its products and services will increase
the probability that lost, damaged or destroyed files,
data or information may be successfully accessed. Nevertheless,
the Company makes no guarantee or warranty that the system
and services will avert, avoid or prevent the loss of
files, data or information or the consequences therefore,
which the system or service is designed to provide due
to any combination of natural disasters, technological
failures and/or human activities.
4. EXCLUSIVE REMEDY. Because of the nature of the services
rendered and the system as a whole, it is impractical
and extremely difficult to fix the actual damages, if
any, which may result from failure on the part of the
Company to perform its responsibilities under this contract.
The Client does not desire this contract to provide full
liability for loss, damage or injury due directly or
indirectly to occurrences or consequences therefore,
which the service or system is designed to deter or avert.
In the event the Company should be found liable for loss,
damage or injury due to a failure of the equipment, software
or services provided under this Agreement or the equipment
in any respect, its liability shall be limited to $100.00
or the amount the client has paid whichever is less,
as the agreed upon liquidated damages and not as a penalty.
Such liquidated damages is the exclusive remedy for any
failure of services, software or equipment, and the provisions
of this paragraph shall apply if loss, damage or injury,
irrespective of cause or origin, results directly or
indirectly to a person or property from the performance
or non performance of any obligation of the Company from
negligence, active or otherwise, of the Company, its
agents or employees. If the Client desires additional
liability coverage, it shall be his responsibility to
secure it from an insurance carrier or other agency of
his choice, at his own expense. The Client shall bring
no suit against the Company more than one year after
the event or occurrence of the cause of action therefore.
5. TERMINATION. Either party may terminate this Agreement
by written notice thirty–days (30) in advance.
In the event of non-payment of fees the Company may terminate
service with a 10-day email notice to the latest available
email address. Client’s files on the iFolder server
will be deleted when service is terminated.
6. COMPLETE AGREEMENT. This document, with specified
addenda, is a complete agreement. Any representation,
promise, condition, inducement or warranty, expressed
or implied, verbal or written, unless expressed in writing
in this Agreement or any Addendum thereto, shall not
bind either party and the terms and conditions hereof
apply as printed without alteration or qualifications
except as specifically endorsed thereon in writing. A
judicial determination nullifying any clause or condition
herein shall not be deemed to nullify the balance of
this Agreement, which shall remain in full force and
effect.
