This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged TransTechnology Corp to perform certain Services as outlined herein. This is a legally binding agreement between you and TransTechnology Corp. By becoming a TransTechnology Corp Client, you agree to be legally bound by the terms and conditions set forth in this and all other Agreements. The “Effective Date” of this Agreement shall be the date on which you submit your order for Services to TransTechnology Corp.
TransTechnology Corp will provide the Services to Client as outlined on the TransTechnology Corp website www.websalehosting.com
- TransTechnology Corp Responsibility
2.1 TransTechnology Corp will provide Services to Client in accordance with TransTechnology Corp standard policies and procedures. TransTechnology Corp reserves the right to reject Clients for any reason, in TransTechnology Corp sole discretion. TransTechnology Corp will be responsible for all aspects of providing the Services.
2.2 All TransTechnology Corp rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and TransTechnology Corp may change its rules, pricing, policies and operating procedures from time to time in its sole discretion.
- FEES AND PAYMENT
3.1 All monthly fees for Services provided to Client are due and payable in full, in advance of Service.
3.2 Initial charges for service will be paid in advance of service. Thereafter, TransTechnology Corp will bill Client on the monthly due date of the client first ordering services. Charges not paid by the monthly due date for any reason will result in a suspension of Services until full payment is received. Suspension of Services for non-payment will not result in a proration of fees.
3.3 A monthly minimum Advertising commitment may be required in order to properly develop a Custom Audience for all clients.
- WARRANTY DISCLAIMERS
TransTechnology Corp EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OR RELATED TO THIS AGREEMENT, THE SERVICES OR ANY MATERIALS OR ASSISTANCE PROVIDED TO CLIENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, COURSE OF PERFORMANCE OR DEALING, TRADE PRACTICE, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Client will indemnify and hold harmless TransTechnology Corp and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable attorneys` fees) arising out of or relating to any breach by Clients of any of the terms of this Agreement.
- LIMITATION OF LIABILITY
TransTechnology Corp SHALL NOT BE LIABLE TO CLIENT OR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER CLIENT FOR ANY LOSS OF PROFIT OR INCOME OR OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, WHETHER IN AN ACTION FOR CONTRACT OR TORT, IN CONNECTION WITH THIS AGREEMENT, EVEN IF TransTechnology Corp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TransTechnology Corp LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO TransTechnology Corp BY CLIENT FOR THE CYCLE ANNIVERSARY OF SERVICES. THIS LIMIT IS CUMULATIVE AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THE LIMIT. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND IN THEIR ABSENCE THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in TransTechnology Corp sole discretion. An email communication sent to Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties` successors and permitted assigns; provided however, that Client may not assign this Agreement, in whole or in part, without TransTechnology Corp prior written consent and any assignment by Client without such consent shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Florida without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Broward County, Florida, and the parties hereby consent to the jurisdiction of the state and federal courts located therein. Except as otherwise expressly set forth herein, any notice required or permitted to be given under this Agreement shall be sufficient if in writing, in the English language, and sent via U.S. Certified Mail, return receipt requested. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.