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 The Agreement may be withdrawn by Digital Software Services if not accepted within 30 days.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.