Terms & Conditions
Description of Services
This Agreement covers the provision of analytics dashboards, reporting, and related services (the “Services”) described in any Statements of Work (“Schedules”) or subscription plans (Standard, Pro, Premium, or custom). When executed or subscribed, these become part of this Agreement.
Access & Use of Services
Supplier grants Customer a non-exclusive, non-transferable, revocable license to access and use the Services during the Subscription Term, solely for Customer’s internal business purposes.
Customer shall not:
– Resell, sublicense, or share Services with third parties unless expressly authorized.
– Reverse engineer, copy, or attempt to modify the Services.
Authorized third parties (e.g., Customer’s vendors) may access Services only if Supplier expressly approves.
Subscription Term & Renewal
Subscriptions are billed annually in advance, based on the selected plan. Subscriptions automatically renew on an annual basis unless cancelled with thirty (30) days’ prior written notice before the renewal date. Pro rata billing may apply for mid-term upgrades or add-ons.
Payment Terms
Customer agrees to pay Supplier as specified in the applicable Schedule or subscription plan. Payment is due within thirty (30) days of invoice. Late payments incur interest at the lesser of 18% per annum or the maximum permitted by law, plus collection costs (including attorneys’ fees). Supplier reserves the right to suspend or terminate Services for non-payment.
Promotional Use
With Customer consent, Supplier may list Customer’s name and logo in promotional or marketing materials to indicate Customer’s use of the Services.
Service Availability & Support
Supplier will use commercially reasonable efforts to maintain at least 99% uptime excluding scheduled maintenance and force majeure events. Support is available via email during business hours. Premium support options may be agreed separately.
Data & Security
Customer retains ownership of its raw data. Supplier retains ownership of the Services, platform, and intellectual property. Upon termination, Customer may request an export of its reports/data within thirty (30) days. Supplier employs reasonable security practices but does not guarantee against unauthorized access or data loss. Customer is encouraged to maintain backups and apply its own encryption and security practices.
Confidentiality
Both parties agree to keep Confidential Information secret and use it only for purposes of this Agreement. Confidentiality obligations continue for three (3) years after termination.
Intellectual Property
All right, title, and interest in the Services, platform, and related IP remain with Supplier. Customer may use reports, dashboards, and analytics created under this Agreement during the Subscription Term.
Warranty & Disclaimer
Supplier will deliver Services with reasonable care and skill consistent with industry standards. Supplier does not guarantee error-free operation, uninterrupted access, or specific business results. Services are provided “as-is” except as expressly stated herein.
Limitation of Liability
Supplier’s total liability under this Agreement is limited to the fees actually paid by Customer in the twelve (12) months preceding the claim. Supplier is not liable for indirect, incidental, special, or consequential damages.
Indemnification
Customer agrees to indemnify and hold Supplier harmless from claims arising out of Customer’s misuse of the Services, violation of this Agreement, or infringement caused by Customer’s data/content.
Default & Termination
Failure to pay, breach of confidentiality, improper use of Services, or insolvency constitute default. Supplier may suspend or terminate Services if default is not cured within five (5) business days of notice. Either party may terminate for material breach if not cured within thirty (30) days of written notice.
Force Majeure
Neither party is liable for failure to perform caused by events beyond reasonable control (natural disasters, internet outages, strikes, etc.).
Assignment
Customer may not assign this Agreement without Supplier’s prior written consent.
Miscellaneous
– Entire Agreement: This Agreement constitutes the full understanding between the parties.
– Amendment: Any changes must be in writing and signed by both parties.
– Waiver: No waiver is valid unless in writing.
– Severability: Invalid provisions will be limited or removed, while the rest remain in force.
– Governing Law: This Agreement is governed by the laws of Florida, USA.
– Attorneys’ Fees: Prevailing party in a dispute is entitled to reasonable attorney’s fees and costs.
– Counterparts: May be executed electronically in counterparts, all of which form one agreement.
Contact Us
If you have questions about these Terms & Conditions, please contact us:
New Vue Solutions
Email: info@new-vue.com