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PPC SaaS ® Terms and Conditions
Free Trial & User Agreement
The
following agreement is between Dynamic Software Corporation ("Dynamic
Software") Suite 215, 16 South Avenue, Cranford, NJ, and you
("Client"). By completing the Trial Registration process, Client
agrees to be bound by this Agreement when signing up for this service.
I. Description of Service:
Dynamic Software hosts online application service, PPC SAAS (“PPC
SAAS”), for managing sponsored search engine advertising and may provide
Client with, among other things, access to its application to manage keyword
bidding and monitor account and campaign performance of Google and Yahoo.
This agreement defines terms and conditions for free trial service and
recurring monthly service after free trial. The agreement specifies Dynamic
Software offers the free trial service for 14 calendar days with a limited
number of keywords specified in the signup page. At the end of trial, the
client’s use of PPC SAAS is tracked by the number of keywords and the client is
billed for the differential between keyword usage and keyword count of free
trial.
II. Proprietary Rights:
Dynamic Software hereby grants Client a non-exclusive, non-transferable
application service for the sole purpose of evaluation during free trial
period. Free use of the application expires 14 days after the signed date of
this agreement.
III. Limited Liability:
1. Client expressly agrees that use of Dynamic Software's application is at
Client's sole risk. Neither Dynamic Software, its employees, affiliates,
agents, third party information providers, resellers or the like, warrant that
Dynamic Software's service will not be interrupted or error free; nor do they
make any warranty as to the results that may be obtained from the use of the
service or as to the accuracy, reliability or content of any information or
service contained in or provided through Dynamic Software, unless otherwise
expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall Dynamic Software, its
offices, agents or any one else involved in creating, producing or distributing
PPC SAAS's service be liable for any direct, indirect, incidental, special or
consequential damages that result from the use of or inability to use of
Dynamic Software's service; or that results from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation, or
transmission or any failure of performance, whether or not limited to acts of
God, communication failure, theft, destruction or unauthorized access to
Dynamic Software's records, programs or services. Client hereby acknowledges
that this paragraph shall apply to all content on Dynamic Software's servers.
3. Notwithstanding the above, Client's exclusive remedies for all damages,
losses and causes of actions whether in contract, tort including negligence or
otherwise, shall not exceed the aggregate dollar amount which Client paid
during the term of this Agreement.
IV. Indemnification:
Client agrees that it shall defend, indemnify and hold Dynamic Software
harmless from any and all demands, liabilities, losses, costs and claims,
including attorneys' fees, ("Liabilities") asserted against Dynamic
Software, its agents, its customers and employees, that may arise or result
from any service provided or performed or agreed to be performed or any product
sold by Client, its agents, employees or assigns.
This agreement represents the complete agreement and understanding between
Dynamic Software and Client and supersedes any other written or oral agreement.
Upon notice published on-line via PPC SAAS, Dynamic Software may modify these
terms and conditions, amplify them, and/or modify the prices, as well as
discontinue to change the services offered. Submission of your account order
shall constitute your complete acceptance of these Terms and Conditions.
V. Governing Law:
This Agreement shall be governed and construed in accordance with the laws of
the State of New Jersey.
VI.
Payment:
6.1 Service Fees.
Dynamic Software provides a free of service during trial period for the number
of keyword specified in the signup page. For any keywords usage over this
number, client promises to pay it until the day of cancellation or for service
duration after the trial period. The rate of charge is in signup page of PPC
SAAS. If the
client does not notify Dynamic Software during this trial period, Dynamic
Software understands the client intends to use the service and charges the
first month service right after free trial period.
By signing
up you are agreeing to these terms. The client agrees to pay the service fee as specified by Terms &
Pricing page of PPC SAAS site.
6.2 Credit Cards. As a condition to your right to use Services that are
purchased by recurring subscription, you must provide Dynamic Software with a
valid credit card belonging to you with available credit sufficient to pay the
applicable Service Fees. In the event that you cancel this credit card or it is
otherwise terminated, you must immediately provide Dynamic Software with a new
valid credit card. In the event that you do not provide Dynamic Software with a
current valid credit card with sufficient credit upon request during the term
of this Agreement, you will be in violation of this Agreement, and Dynamic
Software may immediately terminate this Agreement at its discression.
6.3 Collection of Service Fee. You agree that in the event Dynamic Software is
unable to collect the Service Fees owed by you to Dynamic Software for the
Services provided, Dynamic Software may take any other steps it deems necessary
to collect such Service Fees from you and that you will be responsible for all
costs and expenses incurred by Dynamic Software in connection with such
collection activity, including collection fees, court costs and attorneys'
fees. You further agree that Dynamic Software may collect interest at the
lesser of 1.5% per month or the highest amount permitted by law on any amounts
not paid when due.
If you cancel this service, you will stop being billed after the cancellation date. You must cancel this service in writing; email or postal mail. We will confirm the service is cancelled and issue you a cancellation code for your records, to prove the service has been cancelled. You may not cancel this service over the phone since there is no proof of cancellation.
There will be no prorated refund of any type since PPC SAAS is sold on a month-to month subscription basis. We will confirm your cancellation via email and issue you a cancellation confirmation number. This number will confirm you have cancelled your service, you must maintain a record of this as proof of the cancellation date to avoid any dispute. We are not responsible for lost email. If you do not cancel during your 14 day free trial you are automatically responsible for the first months payment.
7 PPC SAAS is a complete redesign of Bid Maximizer. If
you are upgrading from BidMaximizer, the previous terms and conditions, pricing
upgrade policy are all replaced or removed entirely by this agreement.
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