Terms & Conditions
Date of Last Revision: July 01, 2012
PLEASE READ THIS AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Software, Materials, Services and other related information are collectively referred to as "Content."
"You" or "you"
"You" means you individually, any person, including any employer, Client, Company or a firm that you are acting on behalf of.
Agreeing to the terms and conditions to do business with Fusionsoft Services and also agreeing for a service fee payable for the services provided by Fusionsoft Services at the time of Order Processing.
"Fusionsoft Services Certified Technician/(s)"
"Fusionsoft Services Certified Technician means" technicians and specialists certified by Fusionsoft Services to perform the Services under this Agreement.
"Services" AND "Fusionsoft Services Portal"
"Materials" means any web casts, download areas, advertising/marketing content, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Fusionsoft Services Portal are the proprietary and copyrighted work of Fusionsoft Services and/or its suppliers. The definition of "Materials" does not include the design or layout of the www.fusionsoftglobal.com web site or any other Fusionsoft Services owned, operated, licensed or controlled website.
"Software" means a computer program or application of any kind, whether owned by Fusionsoft Services or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Fusionsoft Services Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms").
Your Rights and Obligations
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any forms on the Site. (b) maintain and promptly update the details, and any other information you provide to Company, to keep it accurate, current and complete; and (c) you are responsible for maintaining the confidentiality of your agreement/order, and are fully responsible for all activities that occur under your agreement/order with or without your knowledge.
Agreement and Warranty
Although as an online service provider, we are not responsible for the conduct of our users, we want Fusionsoft Services to be a safe place on the internet. Therefore, in using Fusionsoft Services you represent, warrant and agree that no materials of any kind submitted through you or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Service or the Site to:
Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes, but is not limited to a) Using Fusionsoft Services to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and b) Sending messages to distribution lists, newsgroup aliases, or group aliases.
Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; use automated scripts to collect information from or otherwise interact with the Service or the Site; register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity on any Fusionsoft Services owned, operated, designed or maintained websites.
Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, uploading photographs of celebrities in your profile, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass any individual, system, computer or equipment..
Use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Sell, rent, or otherwise provide your contacts/other users contact information to any third party for marketing purposes. Further you cannot use your contact/other user’s contact information for marketing purposes.
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
User Content Posted on the Site
You are solely responsible for the profiles, comments, messages, notes, text, documents, presentations, videos, animation files, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.
We do not claim any ownership of the User Content. You the user may have an option to mark the content you upload as Private (Private Content) or allow it to be used by other users of the Site (Public Content). In case of Public Content, including but not limited to your public profile, comments, messages, notes, text, documents, presentations, videos, animation files, listings, and other content, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Public User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Public User Content, and to grant and authorize sublicenses of the foregoing. You also hereby grant each user of the Site (subject to such limitations, if any, that may apply with respect to Private Content) a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, and display such Content as permitted through the functionality of the Site and under these Terms of Service. You may remove your User Content from the Site at any time. However, you acknowledge that in case the User Content was Public in nature the Company or Users may retain such Content in their own accounts. Further you also acknowledge that the Company may retain archived copies of your User Content whether Public or Private.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is Fusionsoft Services's policy to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Fusionsoft Services by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Fusionsoft Services Portal in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Fusionsoft Services Portal (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf (vii) Allow a 72 hour time duration for the removal from the concerned website if provided information is found to be correct and contact Fusionsoft Services Copyright Agent for notice of claims of copyright infringement can be reached as follows:
SUBMISSION OF SERVICE ORDERS
You may order Services by submitting Orders through the Fusionsoft Services Portal or by calling Fusionsoft Services. Once Fusionsoft Services accepts the Order submitted by you, then you will receive an email from Fusionsoft Services at the email address that you provide or have provided to Fusionsoft Services as part of the agreement/order Process for the Services. Fusionsoft Services is not responsible for rendering Services in connection with any Order that it has not accepted. Upon acceptance by Fusionsoft Services of a Order, you will have a Service Agreement.
Services against any Order will be available once you have made payment for Services according to the requirements of the corresponding Order. All payments against the orders will be collected by Fusionsoft Services sales agents, technicians, Phone representatives or authorized on Fusionsoft Services website. Fusionsoft Services has no obligation to render Services under any Service Agreement if the payments as required under any Order that have not been made.
The fee will not be refunded in case of cancellation of the Service Agreement. All fee under this clause or a relevant Order, is payable at the time of commencement of the Service Agreement.
When you purchased the Service, you agreed to a specific price and agreement. All terms of Service Fee and/or any other fee payable under any mode of payment shall be set forth in the applicable Order.
Credit Card Billing.
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Fusionsoft Services to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Fusionsoft Services and/or any other company who bills products or services, or acts as billing agent for Fusionsoft Services to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Fusionsoft Services with updated credit card information upon Fusionsoft Services request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Fusionsoft Services nor any Fusionsoft Services affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment, electronic check or electronic funds transfer agreement, you agree that all sums described herein may be charged, at Fusionsoft Services option, to the account number provided for such automatic payment or electronic funds transfer agreement. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, any extra charges/penalties will have to be borne by you.
The prices charged for Products, Software, and Services purchased under this Agreement shall be the amounts set forth on Fusionsoft Services 's website or other quotation, or as provided by the applicable invoice or Service Agreements relating to such Software or Services. Quoted prices will remain in effect only until the expiration date of the quote or Fusionsoft Services 's acceptance of your order, and such prices are subject to any additional requirements of software development or website desgning or software resolution.
Cancellation And Refund Policy
Fusionsoft Services may cancel this Service at any time during the Service term if Customer fails to pay the total price for this Service in accordance with the agreement terms; Customer fails to abide by the terms of this Service Description; or Customer’s repeated misuse of this Service for out of scope issues. Fusionsoft Services may, at its discretion, terminate this Service on thirty (30) day's notice to Customer, in which case Customer will be entitled to a pro-rated refund of any unearned fees for the Services that Customer paid or offer the customer alternate service/solution subjected to Fusionsoft Services discretion. Fusionsoft Services will charge the customer when service is being delivered or after service completion, thereby providing opportunity for the customer to Cancel/refund before the order/transaction is initiated/processed. Under no circumstances will there be a return/refund option available for customers once the service has been completed and the order/transaction has been initiated/processed.
For further details please email us at firstname.lastname@example.org
Fusionsoft Services Communications
You agree to receive communications from Fusionsoft Services in connection with your use of Fusionsoft Services in the form of email or voice calls, including without limitation account activity notification, service updates, and reminders.
You are solely responsible for your interactions with other Members. www.fusionsoftglobal.com reserves the right, but has no obligation to monitor disputes between you and other Members.
Neither party will be liable to the other for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which the performance is delayed by circumstances beyond its reasonable control, such fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government or law enforcement that impact the delivery of the Solution)authority (a "Force Majeure "). The delayed party will promptly provide the other party with written notice of the Force Majeure. The delayed party's time for performance will be excused for the duration of the Force Majeure, but if the Force Majeure lasts longer than thirty (30) days, then the other party may immediately terminate, in whole or in part, this Agreement or the applicable Solution Description by giving written notice to the delayed party. In the case of a Force Majeure, Customer acknowledges and agrees that its data may not be recoverable and accepts responsibility for re-entry of such data.
For detail information about Fusionsoft Services 's privacy practices, please read Fusionsoft Services privacy policies at www.fusionsoftglobal.com/privacy-policy. These policies explain how Fusionsoft Services treats your personal information and protects your privacy
Our Rights and Obligations
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement, and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and the applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice, and with or without cause.
You acknowledge that Fusionsoft Services reserves the right to charge for the services and to change its fees from time to time in its discretion. If Fusionsoft Services terminates your service plan because you have breached the Agreement, you will not be entitled to the refund of any unused portion of subscription fees paid by you.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, presentations, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites or Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, Members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SERVICES OF Fusionsoft Services IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT Fusionsoft Services DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. FUSIONSOFT SERVICES ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. Fusionsoft Services EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FUSIONSOFT SERVICES MAKES NO WARRANTY THAT (i) THE FUSIONSOFT SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE FUSIONSOFT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FUSIONSOFT SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH FUSIONSOFT SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FUSIONSOFT SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUSIONSOFT SERVICES OR THROUGH OR FROM THE FUSIONSOFT SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FUSIONSOFT SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Fusionsoft Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The User Agreement between you and Fusionsoft Services will be governed by, and construed in accordance with the laws of the State of Texas, without regard to conflicts of law.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential, and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
This Agreement is accepted upon your use of the Fusionsoft Services Website or any of the Fusionsoft Services provided services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Fusionsoft Services regarding the use of the services or product offered by Fusionsoft Services. The failure of Fusionsoft Services to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right, or provision.
The section titles in this Agreement are for convenience only, and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
FusionSoft's mission is to alter the dynamics of the software industry by providing trusted, supportive and quality software development services to clients that view our partnership as a strategic driver for their success.