Terms of service
Billing Policy and apply to ALL customers:
The service provided hereunder (the “Service”)
shall consist of a nonexclusive and nontransferable right to use the
information contained in (the “software”) in
accordance with this Agreement during the Term (as defined below.)
All charges are shown in US Dollars. Payments are to be made
in US dollars and must be drawn from a US bank. We accept the following types of payment:
Credit Card (VISA, MasterCard, American Express,
Discover) via PayPal
We request that
all users set up an auto-billing cycle with PayPal. Your account will be
charged at the time that you set up the autopay and billing every 90 days from
that date. You will receive a link to set up your appropriate auto-billing
cycle at the beginning of your subscription or your next billing cycle.
Account Statement Date begins on the monthly anniversary of the date the
account was activated and is billed on a quarterly basis from that point
Accounts WILL EXPIRE on the Account statement date or the first day of the month
of the billing cycle Accounts that are ten (3) days past due will be
automatically charged a Late Fee of $200. All past due and unpaid balances are
subject to collection. In the event of collection, you will be liable for costs
of collection including attorney’s fees, court costs, and collection agency
fees. If the accounts expire then payment must be received by PayPal. If a
check is sent the account will not be re-activated until the deposit has
Billing Cycles (Terms)
We offer two
Billing Cycles (terms) for institutional subscriptions charges: Quarterly (3 months) and
Yearly (12 months). The Billing Cycle begins on the Activation Date.
Retail clients have the option for Monthly, Quarterly, and Annual. There are no refunds
You may elect to change your Billing Cycle at any time; however, the new Billing
Cycle will take effect at the time the change is made on your account. There
are NO refunds.
In order to ensure uninterrupted service,
all Accounts will automatically renew on the anniversary date of the account
opening. Account renewal charges are based on the prevailing rate on the date
of renewal according to the service selected. Accounts are renewed for the same
billing cycle. If you wish to cancel your Account before Account renewal,
please refer to the Cancellation section below.
We do not mail paper invoices or statements.
Terms / Fees
Term. (a) By using your login access, YOU AGREE to accept
all terms of the following agreement. All fees associated with web access to our software
are billed one quarter in advance. This agreement shall be effective from the
date the Subscriber first uses the login and remits payment for services. The
subscription shall remain in full force and effect thereafter until the date
that is one year after the date the Service is first provided (the
“Term”), unless earlier terminated, as follows: (i) Subscriber shall
have the right to terminate this Agreement at any time upon not less than 30
days’ written notice prior to the beginning of the next quarterly billing cycle and upon payment of
the charges set forth below in the Charges section of this
agreement for the Services provided up to the effective date of termination;
and (ii) we shall have the right to
terminate this Agreement at any time immediately upon written notice to the
Subscriber in the event of a breach by Subscriber of any of the provisions of
Customers that wish to reactivate a closed account will
be assessed a $20.00 reactivation fee.
The Term shall be automatically renewed for successive
quarterly periods unless Subscriber or we elect not to renew by giving not less than 30 days’ written notice prior
to the beginning of your NEXT Billing Cycle. If this Agreement is so renewed for any additional period
beyond the initial Term, the charges payable pursuant to Terms/Fees stated
above for such renewal period shall be calculated at the prevailing rates then
Cancellation requests must be received by us at email@example.com with
a minimum of thirty (30) days prior to the beginning of your NEXT Billing
Cycle. You must receive a confirmation email before your account is officially
canceled Cancellations submitted later than this time WILL result in the
automatic renewal of your Account. Cancellations become effective at the end of
your current billing cycle (includes Annual subscriptions). We will confirm the cancellation request when it is
processed. If you do not receive a confirmation, please contact US
and as soon as possible.
Cancellation of services does not relieve the customer
from paying any outstanding balance owed on the account. We reserve the right to cancel any account, at any time,
without notice, for any reason.
considers appropriate. No refunds for current billing cycle including annual
(your charges may vary if your firm or group has negotiated
a preferred rate)
These rates may differ if a previous agreement was made with the subscriber or
his associated firm.
Delinquencies beyond 30-days will be submitted to Dunn-Bradstreet collections.
clients are billed for WaveTech 97/month and PortfolioXpert at $297/ monthly billed quarterly.
Warranties / Remedies
Warranties and Limitation of Liabilities.
MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO
RESULTS TO BE ATTAINED BY SUBSCRIBER OR OTHERS FROM THE USE OF THE DATA
PROVIDED, AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR USE. The company , its suppliers, and its third-party agents shall assume no
responsibility or liability, contingent or otherwise, for any lost profits,
losses, punitive, incidental or consequential damages or any claim against the PortfolioXpert.com
by any other party. The information and data
contained in the Report are derived from sources deemed reliable, but the PortfolioXpert.com
and its suppliers do not guarantee the correctness
or completeness of any data or other information furnished in connection with
the Service. Except in the case of gross negligence or willful misconduct, shall not be responsible for or have any liability for any injuries or damages (i) arising from the use of the data supplied by us
or (ii) caused by delays, errors, omissions,
interruptions, or inaccuracies in the data. Subscriber is solely responsible
for the accuracy or adequacy of data and information used by it and the
resultant output thereof. To the extent permitted by law, and except in the
case of gross negligence or willful
misconduct, it is agreed that the liability and hereunder for damages, regardless of the form of the action,
shall not exceed the fees payable by the Subscriber for the Service for a
period of six months, and that this shall be the Subscriber’s exclusive remedy.
Subscriber shall indemnify and hold us harmless, and at Subscriber’s expense defend us against loss, claim, demand, or expense (including reasonable attorney’s fees) arising in connection with the use of the Service
by Subscriber, except in the case of gross negligence or willful misconduct or as provided in Section 12
below (Proprietary Rights Infringement Indemnity.) No party shall be liable to
the other for any default resulting from force majeure, which shall be deemed
to include any circumstances beyond the reasonable control of the party or
parties affected. No action, regardless of form, arising out of or pertaining
to the Service may be brought more than one (1) year after the cause of action
5. Remedies. In the event of a breach or threatened breach of any of the
provisions of Section 7 of this Agreement by a Subscriber or any of its
employees, representatives, or affiliates, and shall be entitled to injunctive relief to enforce the
provisions hereof, but nothing herein shall preclude us from pursuing any action or another remedy for any
breach or threatened breach of this Agreement, all of which shall be
cumulative. In the event we
prevails in any such action,
shall be entitled to recover from the Subscriber all reasonable costs,
expenses, and attorneys’ fees incurred in connection therewith.
6. Parties. Subscriber acknowledges and agrees that the provisions of
paragraphs 4 and 5 of this Agreement shall be for the benefit, its partners, suppliers, and their respective
affiliates, successors and assigns and that the term “we
as used in such paragraphs includes and, its partners, suppliers, and their respective
ChargesParties / Restrictions of use
Parties. Subscriber acknowledges and agrees that the
provisions of paragraphs 4 and 5 of this Agreement shall be for the benefit of
the company, its partners, suppliers,
and their respective affiliates, successors and assigns and that the term
“we” as used in such
paragraphs includes the , its
partners, suppliers, and their respective affiliates.
Restrictions of Use
(a) The Service is solely and exclusively for the use of the
Subscriber and may not be used for any illegal purpose or in any manner
inconsistent with the provisions of this Agreement. Subscriber acknowledges
that the Service was developed, compiled, prepared, revised, and arranged by
us and others (including
certain information sources) through the application of methods and standards
of judgment developed and applied through the expenditure of substantial time,
effort, and money and constitute valuable property and trade secrets. Subscriber agrees to protect the proprietary
rights and of all others
having rights in the Service during and after the Term of this Agreement.
Subscriber shall honor and comply with all written requests made by us
to protect the contractual, statutory, and common law rights in the Service
with the same reasonable care used to protect its own proprietary rights.
Subscriber agrees to notify us
in writing promptly upon becoming aware of any unauthorized access or use by
any party or of any claim that the Service infringes upon any copyright,
trademark, or other contractual, statutory, or common law rights.
(b) Unauthorized use is unlawful and we shall have all rights provided by law to prevent such use and
to collect damages in such event. Subscriber agrees to notify the
in writing promptly upon becoming aware of any
unauthorized use. Subscriber shall not recompile, decompile, or make or
distribute any other form of, or any derivative work from, the Service.
(c) The analysis and presentation included in the Report may not be
re-circulated, redistributed, or published by the Subscriber except for
internal purposes without the prior written consent of the.
(d) Subscriber shall not use any of the trademarks, trade names, or service marks in any manner which
creates the impression that such names and marks belong to or are identified
with the Subscriber, and Subscriber acknowledges that it has no ownership
rights in and to any of these names and marks.
(e) Subscriber may
include a routine reference to the other in its promotional and other
literature provided, however, substantive claims related to performance, or
other substantive comments must are the sole responsibility of the Subscriber.
Assignment. Subscriber shall have the right to assign this Agreement or the
rights hereunder only with the consent of which, in the case of an assignment by the Subscriber to any of
its affiliates that are in substantially the same business as the Subscriber,
shall not be unreasonably withheld.
Complete Agreement; Modification or Waivers. This agreement, together with the
Schedule, is the complete and exclusive statement of the agreements between the
parties with respect to the subject matter hereof and supersedes any oral or
written communications or representations or agreements relating thereto. No
changes, modifications, or waivers regarding this Agreement shall be binding
unless in writing and signed by the parties hereto.
Validity. We and Subscriber intend
this Agreement to be a valid legal document, and no provision of the Agreement
which shall be deemed unenforceable shall in any way invalidate any other
provisions of this Agreement, all of which remain in full force and effect. The
headings in this Agreement are intended for convenience of reference and shall
not affect its interpretation.
Proprietary Rights Infringement Indemnity represents and warrants that it is the owner or licensee of the Service,
that it has the right to convey the license set forth in Section 1 above, and
that the Service is free from any claim that Subscriber’s receipt and use of
the Service as provided in this Agreement infringes any copyright, trademark,
or patent of any third party or constitutes the wrongful taking of any third
party’s proprietary or confidential data or trade secret.
shall indemnify and hold Subscriber harmless from
any and all losses, claims, damages, liabilities, costs and expenses (including
reasonable attorney’s fees) resulting from or arising out of any breach of the
foregoing representation and warranty, or any claim, litigation, or threatened
litigation based upon an assertion of such a breach shall defend at its own expense any claim or litigation
for which indemnification may be sought under this Section. If Subscriber is enjoined
or otherwise prohibited from using the Service, shall, at its expense, (a) procure for Subscriber the right to
continue using the Service, (b) substitute a non-infringing version of the
Service of equal or better performance, or (c) if neither of the foregoing
alternatives is available, then Subscriber shall have the right to terminate
this Agreement without further liability hereunder.
Data / Information
The market data and information provided with services are believed to be reliable and agrees to run reasonable control checks
thereon to verify that the data transmitted by and is the same as the data received from the various
exchanges and other information sources. However, does not warrant or guarantee such accuracy and
shall not be subject to liability for truth, accuracy, or completeness of the
information conveyed to the customer. We shall not be responsible for, nor be in default under this
agreement due to delays or failure of performance resulting from Internet
Service delivery problems or
failure, or any communication or delivery problems associated with customer’s
receipt of the data or services including user e-mail. Furthermore,we. shall not be responsible for nor in default due to acts
or causes beyond its control, including but not limited to: acts of God,
LIABILITY UNDER THIS AGREEMENT FROM ANY AND ALL CAUSES,
INCLUDING, BUT NOT LIMITED TO, PROGRAM MALFUNCTION OR OPERATIONAL NEGLIGENCE,
SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL
CHARGES PAID BY CUSTOMER FOR THE SERVICES DURING THE MOST RECENT THREE (3) MONTHS.
SUCH LIMITATION SHALL BE THE EXTENT OF . LIABILITY REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE
ACTION MAY BE BROUGHT AGAINST , AND THE FOREGOING SHALL CONSTITUTE THE ENTIRE AGREEMENT.
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