AGREEMENT BETWEEN CUSTOMER AND COMPUTICA, INC.
1.
Services Offered
Total Party Planner
Web catering & banquet management software (referred hereinafter
as "Total Party Planner Web", “Computica, Inc.”, "our", "we"
and/or "us") offers business customers (also referred
hereinafter as "Customers", "Customer", "subscriber", "you"
and/or "your") who agree to the following terms and conditions
of service (hereinafter the "Terms and Conditions") the ability
(the "Service") to manage their catering and/or banquet
management business via the Internet on a web site (the "Site")
hosted and maintained by Computica, Inc. To use the Service, you
must obtain access to the Internet, either directly or through
devices that access web-based content, and pay any service fees
associated with such access. In addition, you must provide all
equipment necessary to make such connection to the Internet,
including a computer and modem or other access device.
2. Billing
Every month,
Computica, Inc. will charge your credit card for the amount you
specified during the enrollment procedure (the "Membership").
Optionally, you may opt to pay a discounted monthly rate by
paying for 1 full year in advance. The 1 year discounted amount
is determined at enrollment. We reserve the absolute right, at
our sole discretion, to terminate our provision of the Service
to you if funds are not available. The first payment will be due
upon execution of these Terms and Conditions. Thereafter,
payment will be due not later than the first day of the contract
term billing period for the subsequent term of Service. Contract
term is determined by the payment plan specified during
enrollment procedure (one month or one year). If Computica, Inc.
does not receive payment from the card issuer, you agree to pay
Computica, Inc. all amounts due upon demand. Customer agrees to
pay all attorney and collection fees arising from Computica,
Inc.’s efforts to collect any past due amounts from Customer.
A. Continuous Service Membership. Subscription
membership in the Service is on a continuous service basis. This
means that once you have become a subscribing member, your
membership will be automatically renewed and your credit card
will be charged based on the subscription payment plan in
accordance with the term length. Credit card charges may be
processed immediately after invoicing.
B.
Price Increase. Price increases are capped based on this Terms of Service. Should a price increase apply, Computica, Inc. will notify Customer 10 days in advance of term ending. Computica Inc. will automatically apply any price increase to Customers credit card for another term length. The current price increase terms are noted below.
Customer selecting a MONTHLY billing plan : 2 year guarantee of initial price agreement. Upon end of 2nd year, a 10% max increase per each year following may be applied. The determination of a price increase after the 2nd year is at the sole discretion of Computica, Inc. Changing from a monthly billing plan to a yearly billing plan will qualify customer to the yearly price increase terms noted below.
Customer selecting a YEARLY billing plan : 5 year guarantee of initial price agreement. Upon end of 5th year, a 10% max increase per each year following may be applied. The determination of a price increase after the 5th year is at the sole discretion of Computica, Inc. Changing from a yearly billing plan to a monthly billing plan will subject customer to the monthly price increase terms noted above.
C. Late Fee. If a credit card account setup for
monthly billing cannot be successfully completed on Customers
scheduled draft day, a $25.00 fee will be assessed. Each
Customer will be allowed one (1) declined transaction per year.
Computica, Inc. will try to run Customers card two (2) days
after the initial declined attempt without Customer approval.
Customer accounts that remain unpaid for 3 weeks after the
initial billing date will have service terminated without
warning. If a Customer wishes to have service reconnected, a
$100.00 reactivation fee will be added to the outstanding
balance. Reconnection to the service will not be granted until
the Customers outstanding balance is paid in full. In addition,
Computica, Inc. reserves the right to require Customers with a
history of delinquency to pay for their service on a yearly
basis instead of a monthly draft.
D. Cancellations. You may cancel your Total Party
Planner Web with a 30 day notice. NO REFUNDS OR CREDITS:
Upon cancellation or termination of the Service, you will not
receive a refund for any charges or fees associated with the
Service.
3. Term and
Termination
The Terms and
Conditions shall continue in full force and effect for a period
of one year from the date you originally accept them and shall
be automatically renewed on each anniversary thereof for an
additional term of one year. The Terms and Conditions may be
terminated as follows:
A. Either party may terminate the Terms and Conditions at
any time and for any reason upon not less than 30 days
notice of termination to the other party, and
B. In the event of any termination pursuant to this Section,
Computica, Inc.'s obligation to provide the Service to you will
cease immediately.
4. Acceptance
of Terms
If you agree to
accept the Terms and Conditions by signing and dating the end of
this agreement, your business will be made available on Total
Party Planner Web. Computica, Inc. reserves the right to
periodically modify these Terms and Conditions. Customers will
be notified via email that change(s) have been made. All
Customers agree to be bound to the most recent version of the
Terms and Conditions, regardless of what version Customer
initially signed. You can review the most recent version of the
Terms and Conditions at any time at
www.totalpartyplannerweb.com. In addition, you will be
subject to any guidelines or rules we may post from time to
time. All such guidelines or rules are hereby incorporated by
reference into the Terms and Conditions. Should you breach this
Agreement, Computica, Inc. will revoke your license to use the
Service and suspend your right of access. In such a case, no
portion of your membership payment will be refunded. Should
Computica, Inc. decide to suspend the Service for any reason
other than breach, it will refund to you the unused portion of
your membership payment, which will be your sole and exclusive
remedy upon such a suspension of Service.
5. Member
Account, Password and Security
You will receive a
password and login designation. You are responsible for
maintaining the confidentiality of the password and account, and
are fully responsible for all activities that occur under your
password or account. You agree to:
A.
immediately notify Computica, Inc. of any unauthorized
use of your password or account or any other breach of security,
and
B.
ensure that you logout from your account at the end of
each session.
Computica, Inc
cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section or from any loss
or damage arising from the actions of any third party.
6. License
Subject to the
Terms and Conditions, Computica, Inc. grants you a non-exclusive
and non-transferable license to access the Services over your
computer or computers. Computica, Inc. is the owner of any and
all information, data, text, software, messages and other
materials (collectively, "Content") within the Service.
7. Restrictions on Use of Services
Except as expressly
permitted, you may not reproduce, disclose, redistribute,
retransmit, publish, sublicense, assign, transfer or
commercially exploit any of the Services or any other content
that you receive, directly or indirectly, through the Services
to anyone without prior written approval from Computica, Inc.
You may not use or permit anyone to use the information provided
through the Services for any unlawful or unauthorized purpose.
8. Termination
You agree that
Computica, Inc., at its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if
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