Initial Payment covering installation and start-up costs is $299.00.
Monthly installments of $90.00 are to be billed on the first day of every month. Payment
is due within 30 days of billing period prior to month of service. Payments
more that 45 days late will result in interruption of service. Payments
more than 90 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 attempt to make PetExec application available to buyer on or before December 01, 2008, depending on schedule and access to stand alone server, the PetExec program for managing business operations
hosted on thier own server. 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 of $299.00 for the PetExec application to be customized to single business location. Monthly
fee of $90.00 will cover the use of the system on customer's own computer, 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.
WARRANTY OF TITLE
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. All copies of the PetExec application and database will be removed from all systems. The failure of buyer to comply with these conditions shall constitute continuation of normal fees.