GENERAL TERMS. These Terms of Service (TOS) are made and entered into by and between Customer and SkaDate. In these TOS, the party who is receiving the services shall be referred to as “Customer”, and the party who will be providing the services shall be referred to as “SkaDate”. SkaDate has a background and expertise in providing managed support services in connection with the SkaData engine and its related components and is willing to provide services to Customer based on this background. Customer desires to have services provided by SkaDate. Therefore, the parties agree as follows:
PERFORMANCE OF SERVICES. The manner in which the Services are to be performed and the specific hours to be worked by SkaDate shall be determined by SkaDate EULA and SkaDate SLA. Customer will rely on SkaDate to work as many hours as may be reasonably necessary to fulfill SkaDate’s obligations under these TOS.
TERM/TERMINATION. The minimum term of the support contract under these TOS is 12 months. By agreeing to these TOS, customer commits to making a minimum of 12 monthly payments of $99 (Tier-1 Support) or $299 (Tier-2 Support). Customer commits to keeping its payment information up-to-date. If the monthly payment is not remitted for any reason (including credit card expiration, credit card being declined or not enough funds in customer account), customer will be able to receive future support ONLY if customer purchases a full year of support. Monthly billing option will not be available to such customer.
MONTHLY SERVICE CHARGE. If a customer opts out of the monthly service charge ($99 for Tier-1 support and $299 for Tier-2 support), customer commits to making a minimum of 12 monthly payments of $99 or $299 respectively.
CANCELLATION. The minimum term of the support contract under these TOS is 12 months. If a customer cancels the contract within the first 12 months for any reason and subsequently requests support, he will have to subscribe to a yearly support option and the annual support fee. Monthly billing option will not be available to such customer.
CONFIDENTIALITY. SkaDate will not at any time or in any manner, either directly or indirectly, use for the personal benefit of SkaDate, or divulge, disclose, or communicate in any manner any information that is proprietary to Customer. SkaDate will protect such information and treat it as strictly confidential.
SEVERABILITY. If any provision of these TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
REFUND. All purchases made through our platform are non-refundable. Once a purchase is completed, it is considered final, and no refunds will be issued under any circumstances.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of these TOS shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with other provisions of these TOS.