Payment Terms: Licensing fee to be paid at time of signing agreement. Monthly maintenance fees will be billed upon installation of software. The Agreement may be withdrawn by Digital Software Services if not accepted within 30 days. Please see the General Terms and Conditions of Agreement between Digital Software Services and Client/Purchaser.
Tank Spotter-General Terms and Conditions
Payments. Client agrees to pay Digital Software Services LLC, (“DSS”) the amount as detailed herein with the prescribed terms as outlined herein. The monthly support fees will be billed automatically via a standard automated billing process. Any changes in license quantity will result in an appropriate adjustment in pricing. Any claims of dissatisfaction with the product(s) or services must be brought to our attention within five days of receipt of the product(s) or services or the right for said claims will be deemed to have been waived.
Finance Charges will be imposed on all accounts not paid within 30 days of the date of invoice at the rate of 1 1/2 % per month (18% APR). The exception is the initial deposit which is payable at signing or on receipt of invoice. Work will not commence prior to this initial payment and the final delivery of product may be delayed accordingly. In the event that your account is not paid within sixty (60) days after the date of invoice, DSS, at its sole discretion, may choose to retain the services of an outside collection agency, attorney or any other method of outside collection assistance at its disposal. Client agrees to pay all fees and all costs associated with the collection of any unpaid debts of client to DSS.
Annual Renewal Date. 12 months from agreement date on contract. Client may cancel agreement at any time after the first year with a 30 day written notice.
Client Created Lead Content. In the event that the client terminates this agreement the leads created by the client may be downloaded by that client at any time. Furthermore, Tank Spotter will allow client to download the same from its database prior to and on the date that the agreement effectively terminates.
Pricing is based on the specified products and or services in this agreement. In the event that client does not fulfill this agreement, the client agrees to compensate DSS for the entire remaining balance of this agreement.
Approval of Change Requests. Final custom programming work is submitted to client for approval. The client is to return any change requests to DSS with an authorized signature with corrections, if any, indicated in writing. DSS will proceed with production unless client requests a pre-approval at the time the written change requests are returned to DSS. DSS is not responsible for an error if the error existed on the client’s change request and authorized by the client.
Patent Protection. The features and functions inside Tank Spotter are patented and protected under the US Patent and Trademark Office.
User Licenses. Each user has their own user id and password. Each user in the field and office necessitates their own license
Handsets. Tank Spotter app can be used on Android/Apple smartphones/tablets and via the internet the office can access the web application dashboard and command center using desktop’s and laptops.
Copyright. Images, Icons, Programming, and Software, shall remain the exclusive property of DSS, and are protected by United States copyright law and may not be used or duplicated without the express written consent of DSS unless specified under the terms of agreement. DSS reserves all of its rights, including but not limited to copyright and trademark rights, associated herewith. Written consent must be obtained from DSS before the client or client’s affiliates can use any of this material in any print, web site, e-mail or other form or for any purpose than agreed upon herein. You agree not to disclose information regarding features, functions and pricing to competing software solutions and their employees.
Change Requests and Custom Programming (CRCP). CRCP is based on a Requirements Document approved by the client. Any revisions to the Requirements Document following programming development that requires extra or new work will incur additional charges according to the hourly rate charged for the professionals performing that work. Hourly rate is $45/hour for custom programming unless noted otherwise in your contract.
Force Majeure. Neither party shall be liable to the other for failure to perform its obligations under this agreement due to fire, flood, strikes or other industrial disturbances, accidents, war, riot, insurrection or other causes beyond the reasonable control of the parties. In the event causes beyond the reasonable control of the parties cause the price or other agreed upon terms to become commercially impractical, DSS, upon a 30 day notice, may reasonably vary the price or other agreed upon terms of this agreement
The terms of this agreement shall be controlled and governed by the laws of the State of Pennsylvania.
Legal Notice & Disclaimer
Tank Spotter is a wholly owned entity of DSS (Digital Software Services llc) committed to offering cutting edge technology to the Propane and Distillate industry to assist in every day operations including service, safety, sales, training and streamlining operations. Tank Spotter was created "to enhance consumer and employee safety and training, to provide tools for efficient propane operations, and to provide tools to help propane and fuel delivery companies operate more efficiently, increase sales and reduce waste so they can compete better in the open market against competitors like the electricity and natural gas industries." Tank Spotter program beneficiaries include propane and fuel delifery retail marketers, and agricultural cooperatives, as well as representatives of allied service and supply industries (industry members like the insurance companies that support our industry).
The voluntary guidelines as recommended in this training material were developed in cooperation with independent consultants associated with Tank Spotter. While Tank Spotter administers the process of obtaining the information, it does not independently test or verify the accuracy of the information or methods used to collect the data that supports the conclusions or recommendations reflected in this content.
Tank Spotter, and the industry members disclaim any liability for any personal injury, property damage, business losses, or other damages of any nature whatsoever, whether special, indirect, consequential, or compensatory, directly or indirectly resulting from the publication, use, or reliance on this content, technology, or any information, apparatus, method, process, or similar item disclosed in this technology and content. This disclaimer of liability shall apply even if such loss or damage results, in whole or in part, from any acts or omissions of or by any negligence on the part of Tank Spotter, or the industry members or any persons who contributed to the development of the tools, technology or information contained in this content. Tank Spotter, and the industry members make no warranty or guaranty as to the accuracy or completeness of any information provided in this technology or content.
The information contained in the documents, inspections, and training material suggests methods you might find useful in implementing applicable codes, standards, and legal requirements. This training material is not, however, intended to be an exhaustive review or treatment of all codes, standards and legal requirements. It is also not intended nor should it be construed to (1) set forth policies or procedures which are the general custom or practice in the propane industry; (2) establish the legal standards of care owed by propane distributors to their customers; (3) prevent the user from using different methods to implement applicable codes, standards, or legal requirements, or (4) provide comprehensive training regarding all aspects of your particular job. There may be additional training required in order for you to safely perform your job. You should consult applicable codes, standards and legal requirements as well as your company policies and procedures to determine what training is necessary for your particular job.
By disseminating or publishing this app and training material, Tank Spotter is not undertaking to render any professional or other service to or on behalf of any person or entity. Tank Spotter, and the industry members are not undertaking to perform any duty owed by any person or entity to any third party. Anyone reading or using this app and training material should rely on his or her own judgment or, as appropriate, should seek the advice of a competent professional in determining the exercise of reasonable care in any and all circumstances.