Terms and Conditions
This Terms of Services and Use Agreement (âAgreementâ) is entered into by and between GetSalesFox.com, Inc. (hereafter âGSFâ) and Subscriber (hereafter âSubscriberâ).
RECITALS
GSF is a provider of sales automation technologies. Subscriber is a professional that desires to utilize GSF products and services.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and benefits expressed herein, the parties agree as follows:
Definitions
The following definitions as used in this Agreement shall have the following meanings:
âSubscriptionsâ shall represent all products and services purchased from GSF by the Subscriber.
âBilling Cycleâ shall mean the period between invoices for products and services. Billing Cycles are elected by the Subscriber upon sign up and are either monthly, quarterly (3 months), semiannual (6 months), or annual (12 months).
âSubscriberâs Credit Cardâ shall mean the credit card currently listed on the customerâs account. This will typically be the credit card that their initial payment was processed on after receiving billing authorization. Any exception to this would be when the Subscriber updates the credit card on their account or over the phone with one of our representatives. If Subscriber updates the credit card on the account, they are authorizing recurring payments on the updated credit card.
Disclaimer. GSF has made reasonable best efforts to ensure accurate information in all of GSF’s services and data append services, and to provide it in a timely, accurate manner, including reliable acknowledgment of individuals listed on the National Do Not Call Registry. However, GSF assumes no responsibility for the accuracy of GSF data or any errors, misrepresentations, or inaccurate information contained therein. GSF provides this content âas isâ and without warranties of any kind, either expressed or implied. Neither does GSF warrant uninterrupted, error free functionality for its Software and services.
Copyright and Intellectual Property Rights
Subscriber acknowledges and agrees that GSF Software are GSF trade secrets, and proprietary products and information protected under U.S. copyright and intellectual property laws. Subscriber further acknowledges and agrees that all rights, title and interest in and to the GSF Software, including any associated intellectual property rights, are and shall remain with GSF. This Agreement does not convey an interest in or to the Subscriber, but only a limited license revocable in accordance with terms of this Agreement.
Terms of Subscriptions
Subscriber authorizes GSF to invoice Subscriber and process the Subscriberâs Credit Card for payment according to Subscriberâs Billing Cycle. At the end of each Billing Cycle, the agreement shall automatically renew for an additional term equal to the original service plan until Subscriber cancels the service by providing written notice to GSF in accordance with Section 14 of this Agreement. In the event that GSF is not able to process payment from the Subscriber at the beginning of a renewal term, either because the Subscriberâs Credit Card has expired or for any other reason, GSF reserves the right to continue billing the Subscriberâs Credit Card until a payment has been made. If a payment is not made within 45 days of the bill date the account will automatically terminate. If the Subscriber wishes to reactivate their account at that point, they will be responsible for necessary reactivation fees. In the event that GSF is not able to process payment from the Subscriber at the beginning of a renewal term, GSF reserves the right to change annual, semiannual and quarterly Billing Cycles to a monthly Billing Cycle at the then current Subscription rate.
Once the Subscriber adds an assistant on the account, they authorize that assistant to make changes to the account. These changes include, but are not limited to, adding and deleting services, canceling, and updating credit cards or other information to the account. This assistant can also be made authorized by Subscriber informing said assistant of the username and password on the account.
Payment Information and Charges
Charges. The GSF will charge Subscriber for the following items:
Subscription Charge: recurring fee to receive services and limited use licenses for the GSF Software. This charge is determined by the Subscriberâs billing choices decided upon signup or as modified at their request. This charge is automatically billed at the beginning of each Billing Cycle.
Setup Fee: a one-time, non-refundable fee for training.
ALL SALES ARE FINAL: Once the payment has been processed, Subscriber is committed for the entire Billing Cycle
Free Trials. Billing for free trials, regardless of length, will automatically start at the end of the trial unless the Subscriber cancels the trial one (1) business day prior to that bill date. Failure to cancel a trial prior to its end will not justify a refund.
Overages. All GSF data services involve a data append service which appends missing owner contact information to property addresses. GSF purchases data from industry leaders to help provide the most accurate information for their Subscribers. GSF limits Subscribers to 2,000 successful âlookupsâ per month. For the purpose of this agreement, a âlookupâ shall constitute the data append process GSF has developed for finding missing owner contact information. GSF will charge Subscriber an overage fee of $0.12 per additional âlookupâ over the 2,000 lookup limit. Overage fees will not be refundable under any circumstances as they represent real charges incurred by GSF in providing this service. GSF further reserves the right to cancel or terminate any account for excessive, abusive, or inappropriate use in the number and type of addresses submitted for research.
Confidentiality and Non-Compete
Subscriber acknowledges that confidential information may be obtained during the course of doing business and over the term of this Agreement. This information may include operations and affairs of GSF, including particular methods and procedures used by it to conduct business, and agree that all records, data, materials, and all other information and equipment provided by GSF are the sole property of GSF and remain so after termination of this Agreement. Subscriber agrees to surrender all such information or material to GSF on demand or upon termination of this Agreement by either party.
Subscriber agrees that by subscribing to GSF services they will have received confidential information about GSF, and that for a period of 60 months, irrespective of cause of termination of said agreement, Subscriber will not engage either directly or indirectly, personally or by any agent, use, disclose, copy, reproduce, disseminate, or otherwise produce in oral, written or electronic fashion, to any person, firm, or corporation, the name, or by means of any corporate or other device, in any GSF data. Nor will Subscriber use knowledge of the business for the benefit of themselves or other persons, or divulge information or data concerning GSF, including, customer names, prices, terms or particulars of GSF, whether by sale, gift, or any device, subterfuge or evasion. Subscriber will in good faith protect the goodwill of GSF.
Limitation of Liability
GSF shall not be liable for any claims relating to the Software and this Agreement, including any cause of action sounding in contract, tort, or strict liability. In any event, the liability of GSF shall not exceed the license fee paid to GSF for use of the Software. In no event shall GSF be liable for any loss of profits; any incidental, special, exemplary, or consequential damages; or any claims or demands brought against Subscriber, even if GSF has been advised of the possibility of such claims or demands.
Indemnification
Subscriber shall indemnify, hold harmless and defend the GSF and its respective employees, officers and directors from and against any and all damages, losses, liabilities, actions, proceedings (whether legal or administrative), demands and expenses (including but not limited to reasonable attorneysâ fees) threatened, asserted or filed by a third party against the GSF, relating to Subscriberâs account and/or relations with the GSF. By subscribing to GSF, Subscriber agrees not to disclose any assigned codes, including passwords and usernames to others. Subscriber also agrees not distribute the information contained in the product, service to any person or organization, by any means, printed electronic or other.
Force Majeure
Subscriber acknowledges that in certain circumstances matters outside of GSFâs, reasonable control may happen that will cause a disruption of service; including, without limitation, labor disturbances, Force Majeure, failure of a communications carrier to provide lines or service, governmental regulations or interference, accidents, fires, explosions, terrorism or from any other similar or dissimilar cause. GSF will not be held responsible for interruptions to its Software or services
Survivorship
All warranties, representations, indemnities, covenants and other agreements of the parties hereto shall survive the execution, delivery and termination of this Agreement. This Agreement shall insure to and bind the successors and assigns of the respective parties hereto.
Governing Law
This Agreement shall be deemed to have been executed in the State of New York and shall be interpreted and construed according to the laws of the State of New York, without giving effect to any conflict of lawsâ provisions. The parties hereby consent to the jurisdiction of the federal and state courts located in the State of New York.
Termination
GSF reserves the right to terminate service for any Subscriber at any time at its sole discretion.
Subscriber may terminate their Subscriptions at any time by emailing a cancellation request to support@getsalesfox.com, or mailing in a written cancellation request to the GSF Corporate Office. In order to avoid a renewal of the Subscription term the written correspondence must be received at least one (1) business days prior to the beginning of their next Billing Cycle. Failure to cancel the account prior to the end of the Billing Cycle will not justify a refund. Subscriber understands that all sales are final and that once a payment has been processed, they are committed for the entire Billing Cycle. Subscriber understands that they are paying for access to the program for the time committed. Not using the account does not justify a refund as having access to the program incurs certain fixed costs on GSF. Subscriber understands that if they are unable to use the program, they may place their account on hold for up to six months in a calendar year.
Subscriber acknowledges that GSF does not guarantee 100% accuracy of results but has made reasonable best efforts to ensure accurate information. Refer to Section 3, Article 2. Therefore, Subscriber understands there is no expectation of refunds due to inaccuracy of data. In the event that GSF is unable to resolve technical issues, Subscriber may terminate service at anytime with no expectation of a refund of fees.
