Important – Read Carefully
This is a binding agreement between eBizness Solutions LLC DBA Simple Renting and Simplified Bizness (“Simple Renting”, “Simplified Bizness”, “Service Provider”), which provides virtual business services; and you, the Company who wishes to use eBizness Solutions LLC services (“User”, “Client”, “Agent”).
The Terms of this Agreement may be revised from time to time by Service Provider. User acknowledges that it is User’s responsibility to periodically review this Agreement for any changes. User’s continued use Service Provider services serves as User’s acceptance of the applicable terms set forth in this Agreement, including any changes hereto.
Scope of Work
Service Provider will perform those services that are described in the service plan.
Monthly Plan: The Service Provider will invoice the User monthly for the selected service plan. User’s credit card will be billed for the plan amount on the 1st of each month and on each periodic renewal until cancellation. All payments required to be made by User to Service Provider will be made by credit card or bank transfer. Service Provider is entitled to adjust the prices for the service plan from time to time. Service provider will notify User of any price adjustments at least 30 days in advance. If User does not agree to the adjustment, User must cancel or stop using the service by calling the Service Provider (with cancellation confirmation from the Service Provider) no later than 14 days prior to the next renewal period. Otherwise, the adjusted prices shall take effect upon any subsequent term of service. User must keep all information in the billing account current. User can access and modify billing account information using the online client portal. User may change their payment method at any time. Either party may terminate the Agreement with 30-business-days written notice. The Service Provider requires the User to provide a 30-business-day notice prior to cancellation; a refund will not be issued.
User is free to stop using the Services at any time. Service Provider also reserve the right to suspend or end this Agreement for any or no reason without prior notice.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SERVICE PROVIDER, ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, DISTRIBUTORS OR EMPLOYEES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS OR ANTICIPATED BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SERVICE PROVIDER HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM INFORMATION PROVIDED BY, TO OR THROUGH SERVICE PROVIDER AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS RECEIVED BY SERVICE PROVIDER USER PURSUANT TO THIS AGREEMENT DURING THE CALENDAR QUARTER DURING WHICH SUCH CLAIM(S) ACCRUED.
Service Provider will require you to approve any or all electronic, print, or other communications prior to publication or distribution. Service Provider will not be held responsible or liable for any content approved by User, nor any content provided to Service Provider for publication or distribution by User.
All data stored as part of the service is backed up monthly. Service Provider will to the best of its ability, take reasonable measure to protect your proprietary information and data, but cannot guarantee and will not be liable for any system security breaches or failures caused by computer hackers, pirates, viruses, or other such entities.
The applications used by Service Provider, to provide service to User, are hosted by third party vendors. No warranties of any kind, regarding any specific availability are granted. User will be required to provide a user name and password to gain access to the online client portal provided by Service Provider. Access to the online client portal is only available to the Service Provider, User and whom User grants access. Service Provider will not have access to User’s user name and password. User names and passwords are personal, and are considered part of confidential information. The User is at all times fully liable for all acts and omissions by users whom the User has granted access and agrees to indemnify Service Provider for all claims and losses related to such acts and omissions.
All nonpublic personal information obtained by Service Provider or on behalf of User in the performance of Service Provider duties and obligations under our agreement shall be held in the strictest confidence by Service Provider and its representatives and will not be used for any purposes other that to perform Service Provider duties under agreement. Such information shall not be disclosed to any third party without the express written consent of User, or as may be required by law, and Service Provider will establish procedures to protect the security and confidentiality of such information furnished to Service Provider or its representatives in the performance of its duties or obligations under our agreement.
Confidential and Proprietary Information
Neither Service Provider nor User shall disclose any Confidential Information to third parties, including subsidiaries and affiliates, for three (3) years following the date of disclosure by the disclosing Party. However, either Party may disclose Confidential Information in accordance with judicial or other governmental order, provided such party shall give the other reasonable notice prior to such disclosure and shall comply with any applicable protective order or equivalent. Confidential Information means nonpublic information that either User or Service Provider designates as being confidential or which, under the circumstances surrounding disclosure, ought to be treated as confidential. Confidential Information includes, without limitation, information relating to business policies or practices and information received from other than either User or Service Provider are obligated to treat as confidential.
Nature of Relationship
Service Provider is acting as an independent contractor, and is not acting as an employee of your company. Neither Service Provider nor any of its team members shall be an employee, partner, or joint venture of your company. Service Provider acknowledges and agrees that you are interested only in the results of Service Provider work, and Service Provider shall have the sole discretion and responsibility for determining the manner in which such work will be performed to achieve the best results you desire. Service Provider will maintain complete responsibility for the day-to-day supervision and direction of the work of all Service Provider team members who provide services for Client. In the event a Service Provider employee makes a claim against Client on the basis that he or she is an employee of Client, Service Provider agrees to indemnify and hold you harmless from any and all costs of such claim, including, but not limited to attorneys’ fees.
These Terms constitute the entire agreement between User and Service Provider with respect to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Amendment and Modifications
This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto.
No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.