TreDigtial White Label Services
This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged TreDigital to perform certain Services as outlined herein. This is a legally binding agreement between you and TreDigital. By becoming a TreDigital Client, you agree to be legally bound by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement shall be the date on which you submit your order for Services to TreDigital.
1.1 TreDigital will provide Services selected by the client as noted upon signup and submission of initial payment. All services are listed on TreDigital’s website – www.TreDigital.com
1.2 TreDigital reserves the right on an selective basis to reject Clients or limit the services provided to Clients for any reason, in TreDigital`s sole discretion. Refunds, when appropriate, will be charged any fees submitted by those third parties facilitating the refund.
2. TreDigital’s OBLIGATIONS
2.1 TreDigital will provide Services to Client in accordance with TreDigital`s standard policies and procedures.
2.2 All TreDigital rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and TreDigital may change its rules, policies and operating procedures from time to time in its sole discretion.
3. FEES AND PAYMENT
3.1 All fees for Services provided to Client are due and payable in full, in advance of provision of Services. A valid credit card for monthly payment of fees shall remain securely on file to cover monthly recurring charges for service unless agreed otherwise.
3.2 Initial charges for service will be paid in advance of service. Thereafter, TreDigital will attempt to charge Client’s credit card on the monthly anniversary date of the client first ordering services. Charges not paid by the due date for any reason will result in a suspension of Services until full payment is received. TreDigital reserves the right to charge a resumption of services fee if the suspension lasts over 30 days and/or service requirements have sufficiently changed to require such a fee.
3.3 The Client agrees to an initial contract of a minium of 6 months (unless agreed otherwise) and acknowledges and accepts:
3.3a If the Client wishes to terminate or temporarily suspend (with TreDigital’s written agreement) their contract with TreDigital, they must notify TreDigital in writing, sent via U.S. Postal mail. TreDigital must receive the notice a minimum of 15 days prior to the next billing date or the date of termination will be set for the following billing cycle.
3.3b TreDigital reserves the right to adjust monthly fees in favor of the Client with special deals (for example: 15 days of free service) at anytime with or without warning. Such adjustments maybe for a specific length of time, indefinite or related to specific services at the discretion of Tredigital.
3.3c TreDigital may cancel it’s contract with the Client without penalty at anytime as long as it provides the Client with 15 days written warning.
3.4 Except in the case of a material breach of this agreement by TreDigital, TreDigital does not issue refunds of any fees for any reason.
4. WARRANTY DISCLAIMERS
4.1 TreDigital EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OR RELATED TO THIS AGREEMENT, THE SERVICES OR ANY MATERIALS OR ASSISTANCE PROVIDED TO CLIENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, COURSE OF PERFORMANCE OR DEALING, TRADE PRACTICE, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
5.1 Client will indemnify and hold harmless TreDigital and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable attorneys` fees) arising out of or relating to any breach by Clients of any of the terms of this Agreement.
6. LIMITATION OF LIABILITY
6.1 TreDigital SHALL NOT BE LIABLE TO CLIENT OR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER CLIENT FOR ANY LOSS OF PROFIT OR INCOME OR OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, WHETHER IN AN ACTION FOR CONTRACT OR TORT, IN CONNECTION WITH THIS AGREEMENT, EVEN IF TreDigital HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TreDigital`S LIABILITY TO CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO TreDigital BY CLIENT FOR THE PREVIOUS ONE (1) MONTH OF SERVICES. THIS LIMIT IS CUMULATIVE AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THE LIMIT. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND IN THEIR ABSENCE THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
7.1 These Terms & Conditions constitutes an agreement between the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in TreDigital’s sole discretion. An email communication sent to Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties` successors and permitted assigns; provided however, that Client may not assign this Agreement, in whole or in part, without TreDigital`s prior written consent and any assignment by Client without such consent shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Washington without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in King County, Washington, and the parties hereby consent to the jurisdiction of the state and federal courts located therein. Except as otherwise expressly set forth herein, any notice required or permitted to be given under this Agreement shall be sufficient if in writing, in the English language, and sent via U.S. Certified Mail, return receipt requested. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.