This agreement is between InserviceTracking.com (ITC) (the company) and the customer (the user) and is effective when the user begins usage of the company's service at www.InserviceTracking.com.Purpose
The company shall provide training-data storage and retrieval services for users on a web-based internet service (the service). The agreement is effective the date the user is assigned a customer account number. User access to the web site is available with a valid customer account number. The company agrees to provide the service for an agreed upon monthly fee*. The customer shall receive an invoice as of the first day of the month for the next month's service regardless of usage. The company does not guarantee the validity of stored data. The user is the primary supplier of the data through data entry and is responsible for its accuracy. The user is the sole owner of the data submitted. The company agrees to provide security by password protecting the data from unauthorized access and use. User data will be "backed-up" on a weekly basis. The user agrees to remit payment upon receipt of the monthly invoice. The company agrees to fix the rate for the services for a full 12 months.Basic Service Fees*
Each client account is provided a unique login and password. User accounts are defined as a designated facility at a given physical location. The service is designed to provide a method of tracking inservice training for a facility based on the number of employees. The monthly fee for the tracking service starts at $60 per month.Premium Service Fees*
Online training classes are designated as premium services. In addition to the client account login, each employee has his or her own unique login for access to the online inservice classes; the classes must be successfully completed in order to receive credit. The facility may also use the basic service as well. The fee for each facility account is based on the number of employees in the system. The premium service fee starts at $90 per month.Termination of Service
The user may terminate service with a 30 day written notice to the company. The company may terminate service for non-payment of invoices overdue 90 days or greater. Verbal and implied warranties are not recognizable by this agreement.Warranty
INSERVICETRACKING.COM, OUR SUBSIDIARIES, OFFICERS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. INSERVICETRACKING.COM, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFIY STATES MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES.Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE COMPANY'S LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES THE USER PAYS TO THE COMPANY IN THE 90 DAYS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.Indemnity
THE USER AGREES TO INDEMNIFY AND HOLD THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT.