Terms Of Service Agreement

TERMS OF SERVICE AGREEMENT FOR QUICKTEAMS.  This Terms of Service Agreement ("TOS") is a legal agreement between you (either an individual or a single entity) (“SERVICE SUBSCRIBER”) and QuickTeams.com (“SERVICE PROVIDER”) for use of the software product identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT").  By registering, logging in, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this agreement and you agree that it is enforceable as if it were a written negotiated agreement signed by SERVICE SUBSCRIBER and SERVICE PROVIDER.  This license agreement represents the entire agreement concerning the program between you and the SERVICE PROVIDER, and it supersedes any prior proposal, representation, or understanding between the parties.

  1. Trial Period Services. Access to the SOFTWARE PRODUCT is provided for free by the SERVICE PROVIDER for use by the SUBSCRIBER during the trial period.  The trial period includes use by the SUBSCRIBER and hosting by the SERVICE PROVIDER. The term of the trial period is as stipulated by the sign-up screen.

  2. Start Of Billing.  After the trial period, to continue service the SUBSCRIBER must notify the SERVICE PROVIDER that they agree to be billed. No charges will be billed to the SUBSCRIBER unless they notify the SERVICE PROVIDER of their agreement to be billed.  Additionally, paid subscription services after the trial period will not start until the SUBSCRIBER pays the first bill. 

  3. Paid Services. Access to the SOFTWARE PRODUCT is provided on a subscription basis by the SERVICE PROVIDER for use by the SUBSCRIBER.  Subscription includes use by the SUBSCRIBER and hosting (with data backup applicable to the edition) by the SERVICE PROVIDER.  Subscription shall also include support and maintenance to be furnished by SERVICE PROVIDER to SUBSCRIBER as stated for the software edition in the product editions web page:  http://www.QuickTeams.com/product_editions.htm.  Subscription Fees also provide for availability of new SOFTWARE PRODUCT features or releases from the SERVICE PROVIDER to the SUBSCRIBER.

  4. Payment Terms – General.  All payments are made via PayPal, or another alternative payment processing system as selected by the SERVICE PROVIDER.  All amounts are billed in Canadian dollars and applicable taxes will be added as necessary.  All invoices are sent electronically via email in PDF form.  Invoices outside of the regular subscription payment must be paid within 20 days of when they are received to avoid interest penalties. A late payment charge of one percent (1%) per month will be assessed on any payments not paid as stated on SERVICE PROVIDER’s invoice.

  5. Payment Terms – Monthly Subscription.  The monthly subscription payment is made via a PayPal subscription payment and the payment is in advance of the service being rendered.  The monthly subscription payment will be done on the 1st of each month, and is non-refundable.  There are no refunds for partial months on termination or decreasing (inactivating) the number of users in an already billed month.  To ensure a decreased subscription rate on the next month users must be inactivated at least 2 business day prior to the end of the month. Similarly, there are no additional partial charges for additional users when they are added as additional users will be added to the next month’s subscription payment.  Additional users added are added to the subscription for a minimum of 1 month, and the ‘flipping’ of users by removing them before the end of the month and adding them back  in the next month is not allowed.

  6. Number of users.  The number of users that are allowed are as stated in the product editions web page: http://www.QuickTeams.com/product_editions.htm

  7. Costs And Feature Availability.  Costs and feature availability are as stated at: http://www.QuickTeams.com/product_editions.htm

  8. Support and Contact.  All support is provided via email. The SUBSCRIBER shall designate a central point of contact (with an email) (“SUBSCRIBER PRIMARY CONTACT”) responsible for coordination of all SUBSCRIBER users for ongoing support and software maintenance as provided by SERVICE PROVIDER.  All support requests are to be sent through the SUBSCRIBER PRIMARY CONTACT.  The SUBSCRIBER is responsible for maintaining up to date SUBSCRIBER PRIMARY CONTACT information by emailing support@QuickTeams.com any changes of information.

  9. Bug Fix Requests.  Bug fix requests are included as part of your subscription fee.  After a fix is made available you can access it by upgrading to the latest version.

  10. Help Requests.  A help request is any general request for help that is not a request to fix a bug or a request for other code changes.  We determine when a request is a help request and when it is a bug fix request.  For a help request, before taking any billable activity we will confirm back via email that the request will be billable and ask for confirmation to proceed.  For example, help requests normally start with “How do I...” or “Why is it that...”  or “How come when I...”

  11. Availability Guarantee.  For the Small Biz Standard edition a 99% uptime will be achieved excluding scheduled or normal maintenance windows, or else you get a $7 per user refund payable to your PayPal account.  Other editions do not have an availability guarantee.
    The availability guarantee is not applicable during the free trial, it excludes any downtime associated with customer equipment or internet connection, and it excludes any bugs. 'Available' means that you can connect to the application, with the above exclusions. The guarantee is measured on a monthly basis, with each month being considered separately, and the SERVICE PROVIDER must confirm the outage of the SERVICE PROVIDER's servers.

  12. Termination.   The SUBSCRIBER may at any time and for any reason terminate their account by accessing the “Termination” function in the application, which only the SUBSCRIBER PRIMARY CONTACT has access to.  There is no termination fee, and the termination is immediate.  An automatic termination confirmation email will be sent to billing@QuickTeams.com, support@QuickTeams.com and the email address of the SUBSCRIBER PRIMARY CONTACT.  There will be no refund of unused time remaining in the current term.  The SUBSCRIBER may not use emails, faxes, or phone call requests to terminate their account.  To ensure the PayPal subscription is also terminated the service termination must be done at least 2 business days prior to the end of the month.
    The SERVICE PROVIDER may at any time and for any reason terminate the Services or terminate this Agreement.  A notification email will be sent to the SUBSCRIBER PRIMARY CONTACT.

  13. Intellectual Property Rights.  All rights of ownership to the SOFTWARE PRODUCT and deliverables furnished by the SERVICE PROVIDER shall remain with the SERVICE PROVIDER, and shall at all times remain the sole property of the SERVICE PROVIDER.  The SUBSCRIBER may not alter, modify or adapt the software components within the SOFTWARE PRODUCT or the Documentation for the SOFTWARE PRODUCT in any manner, including, but not limited to, translating, reverse engineering, decompiling, disassembling, or creating derivative works.  The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

  14. Shared Application Environment.  To help keep costs down you are setup with a shared application environment.  The SERVICE PROVIDER will periodically apply updates to the shared application environment at the time of the SERVICE PROVIDER’s choosing.  Whenever possible the updates will be applied after 9pm ET, but sometimes it may be necessary to apply an update throughout the day. If your edition allows for a dedicated environment, then you can upgrade to a dedicated environment for the fee(s) outlined in the http://www.QuickTeams.com/product_editions.htm document.  In a dedicated environment you can choose when to have updates applied within the SERVICE PROVIDER’s update schedule.

  15. Warranty.  The SERVICE PROVIDER EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided “As Is” without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose.  The SERVICE PROVIDER does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT, that the service will be uninterrupted, or that the SOFTWARE PRODUCT will operate on your specific hardware configuration. The SERVICE PROVIDER further expressly disclaims any warranty or representation to Authorized Users or to any third party.

  16. Liability.  In no event shall the SERVICE PROVIDER be liable for any damages (including but not limited to, lost profits, lost goodwill, business interruption, lost information, indirect, or other intangible losses) rising out of use of, or inability to use the SOFTWARE PRODUCT, even if the SERVICE PROVIDER has been advised of the possibility of such damages.  The SERVICE PROVIDER shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, business interruption, personal injury, or the disclosure of confidential information.

  17. Modification.  The SERVICE PROVIDER may at its sole discretion modify the TOS at any time without notice to the SUBSCRIBER, and the SUBSCRIBER agrees to be bound by such modifications.  Any new features that add to or enhance the SOFTWARE PRODUCT shall be subject to the TOS.  Continued use of the SOFTWARE PRODUCT after any new features shall constitute SUBSCRIBER consent to such changes.  The most current version of the TOS is available at: http://www.QuickTeams.com/terms_of_service.htm  

  18. Miscellaneous.
    1. Maintenance windows.  Normal maintenance windows are Saturdays 9pm to Sundays 9am.  Other maintenance windows may be scheduled from time to time as needed, though we strive to avoid maintenance windows outside of normal maintenance windows whenever possible
    2. Copyright Notices.  You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
    3. Governing Law.  This Agreement shall be governed under and construed by the laws of the Province of Ontario, Canada. Any legal proceeding related to this Agreement shall be conducted in the courts located in the Province of Ontario, Canada.  Headings and captions are for convenience of reference only, and shall have no substantive effect on terms and conditions herein.
    4. Content. SUBSCRIBER content may be transferred unencrypted over the internet.
    5. Confidentiality.  Neither party shall disclose to any third party any Confidential Information acquired during this Agreement.  “Confidential Information” shall mean all information identified in writing as confidential by either party to the other prior to disclosure and any other information that either party would reasonably expect is confidential or proprietary.  It is understood that the SOFTWARE PRODUCT and all of its associated deliverables constitute proprietary and confidential information of the SERVICE PROVIDER.
    6. Severability. If any provision of this Agreement is judged invalid or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement will not be affected by such adjudication.  If any provision or application of this Agreement is invalid or unenforceable, then a suitable and equitable provision will be substituted for such provision in order to carry out, so far as may be valid and enforceable, the intent and purpose of this Agreement, including the invalid or unenforceable provision.

     

    TOS v2.2


 




 


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