![]() ![]() If CrashPlan provides your Customer a refund under a Master Services Agreement, CrashPlan will issue the refund to you based on the amount that CrashPlan received from you for the refunded portion of the Offering. CrashPlan can rely on the name and address you provide to CrashPlan as being the place of supply for sales tax, income tax, and VAT purposes.ģ.5 Refund. If you are required to pay or withhold any Tax for payments due under this Agreement, you will gross up your payments to CrashPlan so that CrashPlan receives all sums due in full and free from any deductions. You will pay or reimburse CrashPlan for all Taxes arising out of the transactions occurring under this Agreement. "Taxes" means any sales, VAT, GST (Goods and Services Tax), use, gross receipts, business and occupation, and other taxes (other than taxes on CrashPlan's income), export and import fees, customs duties and similar charges imposed by any government or other authority. ![]() All fees owed under this Agreement are exclusive of any Taxes. CrashPlan will not exercise its suspension rights under section 3.2 (Payment) if you are disputing the applicable charges reasonably and in good faith, you are cooperating diligently to resolve the dispute, and you have paid any undisputed fees in accordance with section 3.2 (Payment).ģ.4 Taxes. You will pay any delinquent amounts within 30 days of CrashPlan's written notice identifying a delinquency, and if you do not, then CrashPlan may suspend your Customer's access to the Offerings.ģ.3 Disputed Payments. You will pay all fees in the amount and currency specified on your invoice within 30 days of the invoice date. CrashPlan will invoice you for the fees stated on your Quote after accepting your Order. All Orders are non-refundable and non-cancelable except as expressly provided in this Agreement.ģ.2 Payment. No Order is binding on CrashPlan until CrashPlan makes an ordered Offering available to you or your Customer. Each party rejects all additional or conflicting terms or conditions. No terms or conditions of any Order, purchase order, acknowledgment or other business form used in connection with any purchase from CrashPlan will have any effect on the terms of this Agreement regardless of either party's failure to object to such terms or conditions. Purchase orders do not need to be signed to be valid and enforceable. All software is licensed and not sold, even if CrashPlan uses words like "sale" or "purchase" in sales materials.ģ.1 Orders. Your Customer's rights to use the Offerings are only those expressly granted in the Master Services Agreement. As between you and CrashPlan, CrashPlan retains all right, title and interest in and to the Offerings and all related Intellectual Property Rights. You will notify your Customer prior to the time of sale that the Customer's use of the Offerings is for the Subscription Term and subject to the applicable Master Services Agreement. You are solely responsible for determining the price at which you resell the Offerings. You may purchase the Offerings and resell them to your Customer. ġ.4 "Offerings" means all products and services that CrashPlan provides to you under this Agreement.ġ.5 "Order" means a signed Quote or other ordering document that you issue to CrashPlan in response to a Quote.ġ.6 "Subscription Term" means the term during which your Customer may use the Offerings.ġ.7 "Quote" means CrashPlan's written description of the Offerings and applicable terms that CrashPlan issued to you. 1.1 "Customer" means the entity identified on the Quote to whom you may resell the Offerings for use by that entity (and not for further distribution).ġ.2 "Intellectual Property Rights" means all worldwide intellectual property rights, including copyrights, trademarks, service marks, trade secrets, patents, patent applications and moral rights, whether registered or unregistered.ġ.3 “Master Services Agreement” means the master services agreement between your Customer and CrashPlan, or if no such agreement exists, the CrashPlan Master Services Agreement available at. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |