We are evolving quickly, as a company and reserve the right to change pricing
during any given billing term.
Termination for Cause
Syncosystem, Inc or Customer may terminate these Terms on notice to the
other party if the other party materially breaches these Terms and such breach
is not cured within thirty (30) days after the non-breaching party provides
notice of the breach.
Effect of Termination
Upon any termination for cause by Customer, we will refund Customer any
prepaid fees covering the remainder of the term of all subscriptions after the
effective date of termination. Upon any termination for cause by us, Customer
will pay any unpaid fees covering the remainder of the term of those
subscriptions after the effective date of termination. In no event will any
termination relieve Customer of the obligation to pay any fees payable to us for
the period prior to the effective date of termination.
Representations Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICES AND ALL
RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT WE DO NOT
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE.
Each party (“Disclosing Party”) may disclose “Confidential Information” to the
other party (“Receiving Party”) in connection with the Terms, which is anything
that reasonably should be understood to be confidential given the nature of the
information and the circumstances of disclosure, as well as non-public
business, product, technology and marketing information. Confidential
Information does not include information that (a) is or becomes generally
available to the public without breach of any obligation owed to the Disclosing
Party; (b) was known to the Receiving Party prior to its disclosure by the
Disclosing Party without breach of any obligation owed to the Disclosing Party;
(c) is received from a third party without breach of any obligation owed to the
Disclosing Party; or (d) was independently developed by the Receiving Party.
Neither Syncosystem, Inc nor Customer will be liable by reason of any failure
or delay in the performance of its obligations on account of events beyond the
reasonable control of a party, which may include denial-of-service attacks,
botnets, a failure by a third party hosting provider or utility provider, strikes,
shortages, riots, fires, acts of God, war, terrorism, and governmental action.
No failure or delay by either party in exercising any right under these Terms
will constitute a waiver of that right. No waiver under these Terms will be
effective unless made in writing and signed by an authorized representative of
the party being deemed to have granted the waiver.