Archiefile - Legal

for service based businesses

Client Service Contract

Definitions:

"archiefile": The software developed by Thomas Archibold
"User": The person making and signing this contract.
"Account": The account for a single User and company or a User and their company's employees.

This "Agreement" is based on the following premises and objectives:

Thomas Archibold is a software services provider, in the business of providing software services via dial-up or dedicated internet connections. Archiefile is the particular software referred to in this Agreement. User is either a private individual or business seeking services solely for personal use or internal business use under specified conditions as delineated in the Agreement.

The parties mutually agree as follows:

User certifies that they are at least 18 years of age, or are legally emancipated.
The benefits of and rights conferred by this Agreement are non-transferable. Use of Archiefile is expressly limited to User wherein User is:
A private individual.
A single business entity, to include their employees in such numbers and under such conditions as may be specified herein.
User shall maintain the confidentiality of User's password(s) and Account information. Thomas Archibold will suspend or change access to User's Account(s) immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised.
User is responsible for their own telephone charges incurred in connecting to Archiefile.
User shall pay Thomas Archibold all charges relating to the use of User's Account according to rates and prices in effect at the time of signing this Agreement, or renewal of this Agreement. Thomas Archibold reserves the right to change prices with 30 days notice to User by any of the following: Online publishing on the Archiefile Website, or written notification to the User. Accounts renewing on a month to month basis shall however pay the prevailing rates each month. Renewal shall occur and Liability shall attach at the time the service is used. Thomas Archibold may charge Credit Card User's the amount due at any time thereafter. Non-Credit Card Users shall be aware of and make payments as routinely required or as billed. Delinquent Accounts or those in which User's Credit Card has refused a charge may have their Account(s) suspended without notice. Archiefile reserves the right to terminate access to service for any User Account which has unpaid charges for 30 days.
In the event of cancellation of User's Account, the setup fee and fees for time used are non-refundable. Furthermore, fees paid for six month and twelve month accounts are not refundable.
The Archiefile service is provided on an "as is, as available" basis. No warranties, expressed or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to Archiefile or any information or software therein. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by Archiefile or its providers. Further, neither Thomas Archibold nor its Information Providers are responsible for any damages arising from User's use of Archiefile's services or by User's inability to use Archiefile via dial-up, DSL, or cable service.
OWNERSHIP. Archiefile is owned and copyrighted by Thomas Archibold. Your license confers no title or ownership in the Archiefile software and should not be construed as a sale of any right in the SOFTWARE.
Thomas Archibold reserves the right to change without notice the Archiefile services, including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered.
Thomas Archibold is not responsible for User's data files residing with Archiefile. User is responsible for independent backup of his/her data stored with Archiefile. Thomas Archibold further reserves the right, at its sole discretion, to delete User's data files after one or both parties terminates this Agreement.
Thomas Archibold, in his sole business judgment, may terminate this membership Agreement immediately or suspend User's access to the service upon any breach of this membership Agreement by User, including but not limited to refusal or failure to pay for services provided, or by sole judgment of Thomas Archibold that User may be performing activities harmful to Archiefile or its Users, employees, vendors, business relationships, or any other users of the Internet. User may reapply for membership, although Thomas Archibold reserves the right at his sole discretion to accept or deny such application.
This Agreement shall be governed by the laws of the State of New Jersey. Any legal dispute shall be submitted to Binding Arbitration within the Confines of Monmouth County New Jersey, under the rules of the American Arbitration Association. Any disputes must be filed within one year of the occurrence or Thomas Archibold and User both agree that the action shall not lie.
In the event that it is necessary to refer any dispute to an attorney, arbitration or resolve a matter in a court of law, the prevailing party will be entitled to an award of attorneys' fees and all costs associated with any legal action, whether or not a suit shall actually be filled.
User is strictly liable for any and all charges that may be incurred by Thomas Archibold due to User's violation of this Agreement.
Thomas Archibold may modify the terms and conditions of this Agreement or its policies upon notice published Online. Utilization of Archiefile services after such publication shall constitute User's acceptance of the modifications to this Agreement.
Non-enforcement of any section of this Agreement does not constitute consent to breach of contract. Thomas Archibold reserves the right to enforce this Agreement at his sole discretion.
If any one or more provisions in this Agreement is found to be unenforceable or invalid, User's and Thomas Archibold's Agreement on all other provisions shall remain valid.