Initial Payment covering installation and start-up costs is waived. Monthly
installments of $75.00 are to be auto-billed every month. Payment
is due within 30 days of billing period prior to month of service. Payments
more than 45 days late will result in cancellation of service. For
service reinstatement, a $75.00 fee will be charged.
SECTION ONE.
TERMS OF SERVICE
Seller shall make PetExec application available to buyer within 24 hours of subscribing. Intellectual property of the PetExec
program is the sole property of PetExec, Inc and may not be sold, transferred,
or used for any other purpose than original intent of managing business operations
and marketing without the written permission of PetExec, Inc.
SECTION TWO.
CONSIDERATION
Buyer shall accept the goods and a one time initial set-up fee is waived for
the PetExec application to be customized to single business location. Monthly
fee of $75.00 will cover hosting, database uploads, upgrades, and secure storage
of data.
SECTION THREE.
IDENTIFICATION OF GOODS
Identification of the goods to this agreement shall not be deemed to have
been made until both buyer and seller have specified that the goods in question
are to be appropriated to the performance of this agreement.
SECTION FOUR.
RESPONSIBILITY
While PetExec, Inc. has taken every precaution and strives to offer as good a product as possible, there are certain risks in using any information or software and PetExec Inc. cautions you to make sure that you completely understand these risks before retrieving, using, or relying on data.
In no event shall PetExec, Inc. be liable for any special, direct, indirect, incidental or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the PetExec System.
Furthermore, seller does not warrant that at the time of signing this agreement
seller knows, nor has reason to know, of the existence of any outstanding title
or claim of title hostile to the rights of seller in the goods.
SECTION FIVE.
CANCELLATION
Buyer shall have the right to try the application and, within and prior to
end of first month of service, buyer may give notice to seller of any need
for cancellation to qualify for refund. Any time after initial 30 day
refund guarantee, buyer must notify PetExec Inc, in writing of plan to terminate
plan 30 days before cancellation. Contract will then be cancelled
and no further fee will be charged for the time period after the 30 day cancellation
notice. The failure of buyer to comply with these conditions shall constitute
continuation of normal fees.