| 1. All services performed by the Company will be done in a good and workmanlike manner and the Company shall be entitled to rely on instructions given by you.
2. The Company retains the sole responsibility over its staffing and shall direct the manner in which the services are delivered as well as provide the necessary equipment, tools, materials, and supplies necessary to perform these services.
3. The Company agrees to perform in accordance with the customs and practices of the industry but it expressly excludes all other guarantees, warranties or representations, expressed, implied, written or oral, statutory or otherwise, including without limitation any implied warranties of merchantability and fitness for a particular purpose. Without limitation, the Company does not warrant that the services provided by the Company will meet all of your requirements, or that the use of the services provided by Company or the Company’s network will be uninterrupted or error free. You understand that the Company will not be responsible for any indirect, incidental, special, exemplary or consequential damages or any damages for loss profits, revenue, data, use or lost business opportunities.
5. Except for circumstances involving gross negligence or willful misconduct, the Company shall have no indemnity obligation for a data security or privacy breach. Notwithstanding the foregoing, the Company shall have no indemnity obligation for a data security or privacy breach caused by or arising from items outside the Company’s services, including (1) your software appliable, (2) your failure to implement firewalls, security protocols and security standards as recommended by the Company, (3) your direction to implement specific firewalls, security protocols and security standards over the Company’s recommendations, and (4) the negligent acts or omissions of your own network administrators.
6. The Company shall be defended, indemnified and held harmless by you against any and all claims, losses, damages, expenses or judgments for any claimed acts of alleged libel, copyright infringements, plagiarism, invasion of privacy or civil rights or for any other claim which results from the items produced under to this contract, or from your failure to comply with your obligations hereunder.
7. It is understood that you are an independent contractor in the performance of this agreement and not an employee of you. Nothing contained herein shall be construed to imply an employment, joint venture or principal and agent relationship between the parties, and neither party shall have any right, power or authority to create any obligation, express or implied, on behalf of the other.
8. The Company agrees to keep confidential all material and information therein received from you, including but not limited to supporter lists, mail files, email/phone number data or other such information provided by you to the Company to assist with the Company providing services. Each party shall protect the other’s confidential information from unauthorized dissemination and use the same degree of care that such party uses to protect its own like information. Neither party shall disclose to third parties the other’s confidential information without the prior written consent of the other party. Neither party shall use the other’s confidential information for purposes other than those necessary to directly further the purposes of this Agreement.
9. This Agreement shall take effect under and be governed by the laws of the State of Texas, without regard to its conflict of laws or rules.
10. The Company may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Company account. You may give notice to the Company at any time via electronic mail to [________] or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Robo6K LLC, 2600 S. 1st Street, Austin TX 78704.
Updated December ____, 2021 |