AMERQA's Terms of Service
The Parties agree to have mutual respect for each other. The Parties agree not to disparage, slander, or defame, directly or indirectly, each other or each other’s principals, agents, officers, owners, directors or employees during the Term of this Agreement. Furthermore, this term shall apply, without limitation, to all forms of communication whether online or offline. Nothing herein shall prevent any Party from making any truthful statement in connection with any legal proceedings or with any investigation by any governmental authority.
In the case of any termination to this Agreement, the following provisions shall survive; this provision “Survival”, “Non-Disparagement”, “Governing Law”, “Reimbursement of Expenses”, “Disclaimer of Warranties”, “Limitation of Liability”, “Indemnification”.
3- Paid Services and Products
All fees including recurring fees and one-time-fees must be paid by the Client upfront and before the Service is given to the Client. In the event that the Client fails to pay any fees or charges under this Agreement, AMERQA may disable, suspend or terminate whole or part of the Service for the Client, until the Client pays their fees. Upon making the first payment with AMERQA, you understand that the standard payment processors we use including but not limited to Stripe, Inc. and Paypal, Inc. can save your card information (only the last four characters are shown to merchants) within the customer profile we create for you on our accounts with the payment processing gateways. You hereby authorize AMERQA to act in a responsible manner with any card information you provide to us. You hereby agree that AMERQA will only perform the following actions with your stored card information:
- For paid service/products enrollments and subscriptions, AMERQA will charge your card on a recurring basis in an automated manner until the enrollment is cancelled, including but not limited to monthly and yearly recurring charges, depending on the service/product.
- Upon a refund request made by you, AMERQA will issue any applicable refunds back to your card.
- Upon any requests of one time purchases, paid enrollments, or paid subscriptions made by you for any of our services/products, AMERQA will charge your card for such requested services/products on a recurring basis or one-time-payment basis, depending on the service/product, in order to deliver the service/product for you.
4- Payment Processing
AMERQA uses Paypal, Stripe and other third party payment processing gateways, you agree that AMERQA will subtract from your Campaign-Spend an amount equal to that of the processing fees charged by third party payment processing gateways. You must also agree to the terms of service of any third party payment processing gateway we use in order to charge fees from your cards.
5- Prohibited Actions
Client may not violate, by act or omission, any applicable laws. Including but not limited to International laws, Canadian laws, and US laws.
7- Governing Law
This Agreement shall be governed by the laws of the Province of Ontario without regard to any conflict of laws provisions.
8- Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter addressed herein and supersedes all prior communications, agreements or understandings, written or oral, between the Parties. Any amendment to this Agreement must be in writing and signed by both Parties.
9- Force Majeure
Neither Party shall be liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reasons beyond its reasonable control, including any act of God, any results of war, earthquakes, floods, fires, epidemics, riots, failures of transportation or communications or utilities, provided, however, that lack of funds shall not be deemed to be a reason beyond a party’s reasonable control.
10- Reimbursement of Expenses
In any litigation, arbitration or dispute arising under or relating to this Agreement, Client will reimburse AMERQA for all expenses incurred or paid by AMERQA in connection with, or related to, all court expenses including but not limited to all attorney’s fees and collection agency’s fees.
If any provision of this Agreement is determined to be unenforceable under the law of the Province of Ontario, such non-enforceability shall not in any way affect the validity or enforceability of the remaining provisions of this Agreement.
12- Assignment and Successors; Binding Effect
AMERQA may assign, transfer, pledge or encumbered the rights and obligations of the Parties under this Agreement without consent from the other Party in its sole discretion. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal and personal representatives, successors and permitted assigns.
13- Disclaimer of Warranties
While we try our best to make our Service as useful as possible to all of our valued Clients, Clients understand that all companies encounter problems and issues, therefore, the entirety of the Service without any exclusion to any part of the Service; is provided on “as is” and on “as available” basis. We cannot make complete warranties that our Services or results of the use of the Service thereof, will meet Client’s personal preference.
14- Limitation of Liability
In no event will AMERQA’s liability under any legal or equitable theory, including, strict liability, tort, or otherwise, exceed either the total cost for the repair of such damage or a prorated refund of the unused portion of the Service, whichever is less.
In the case of any losses, damages, fines and expenses (including attorney’s fees and costs) that arises out of or relating to any claims that you have used our Service in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of our Service, you agree to indemnify and hold harmless AMERQA, its officers, directors, employees, suppliers, and affiliates, from and against all of the losses, damages, fines and expenses (including attorney’s fees and costs) except where such use is expressly authorized by AMERQA in writing, in such case AMERQA promises and agrees to indemnify and hold harmless its valued and beloved Client and its officers, directors, employees, suppliers, and affiliates, from and against all of the losses, damages, fines and expenses (including attorney’s fees and costs).
20- Representations and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to use the Service and have the right, power, and ability to enter into and perform under these terms; (c) any information you provide accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, provincial, territorial, and local laws, rules, and regulations applicable to you and/or your business, including all laws governing the protection of personal information, anti-spam legislation and consumer protection laws; (e) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Service; and (f) your use of the Service will be in compliance with these terms.
21- Reservation of Rights
AMERQA reserves all rights not expressly granted to Client in this Agreement. Except for the limited rights expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Client or any third party any intellectual property rights or other right, title, or interest in or to AMERQA’s intellectual property.
22- Changes to This Terms of Service Agreement
We keep this Agreement up-to-date with the Terms of our Service, we regularly ensure that it is compliant with applicable laws. We reserve the right, at our discretion, to revise this Agreement at any time. You are encouraged to review this Agreement from time to time.