Azimuth Infotech Websites Terms of Service Agreement
This Azimuth Infotech Terms of Service Agreement (Online) Agreement (the "Agreement") is entered into by and between Azimuth Infotech Private Limited, ("Azimuth Infotech") and the entity agreeing to these terms ("Customer"). This Agreement is effective as of the date you click the "I Accept" button below or, if applicable, the date the Agreement is countersigned (the "Effective Date"). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. If you don't have the legal authority to bind your employer or the applicable entity, please do not click the "I Accept" button below (or, if applicable, do not sign this Agreement). This Agreement governs Customer's access to and use of the Services.
These terms and conditions apply to your use of this Azimuth Infotech websites for online data entry account. The Customer Terms of Service Agreement (the Agreement) must be read, understood and agreed to by any individual who reads, visits or uses this website. The Terms of Service must be agreed to by any individual who intends to use or purchase any service offered by Azimuth Infotech.
By accessing and using this website you agree to be bound by the following terms and conditions. You agree to provide Azimuth Infotech with current, accurate, complete, and updated registration information, including your email address, name, phone number, Azimuth Infotech account number, and your password and any reminder question. You further agree to provide Azimuth Infotech with current, accurate, and complete data when using the Azimuth Infotech website features, such as bill payment, update account information. You agree to notify Azimuth Infotech immediately of any changes in your registration data. You are responsible for updating your email address. If your email address is not current, you will not receive notice of your online bill posting; however, your payment due date will remain unchanged.
You are solely responsible for maintaining the confidentiality of your password(s) and security information such as your login and reminder question. You agree not to give your password(s) or security information to anyone. Should you allow others access to your account and/or password information, you will be responsible for all actions that such persons might take with respect to your account. If you believe your password or security information has been lost or stolen, call us immediately at + 1 – 302-394-9321.
Billing Questions
Please call us at our customer support number if you wish to discuss either general billing policies and procedures or a specific invoice. If you contact us within 7 days after receiving an invoice regarding any complaints, discrepancies or other problems, Azimuth Infotech will consider an appropriate adjustment. If Azimuth Infotech do not hear of any problems within such 7-day period, the invoice will be deemed to be satisfactory.
Attorney's Fees
In the unlikely event of any dispute, claim, arbitration or other proceeding between us arising out of this agreement or the fees and expenses incurred for legal services (with the exception of a fee arbitration or mediation under Business and Professions Code Sections 6200-6206), the successful or prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief granted.
Governing Law/Arbitration
This Agreement shall be construed and governed by the State of Delaware, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Delaware in all disputes arising out of or relating to the use of the Web Sites. Use of the Web Sites is unauthorized in any jurisdiction that does not give the effect to all provisions of these terms and conditions, including without limitation this paragraph.
Billing and Payment
All payments due are in U.S. dollars unless otherwise indicated on the Order Page or invoice.
Payment is due when the completed report is delivered and is not conditional on whether the loan is approved and/or if the order is cancelled, unless otherwise specified on the Order Page, and are considered delinquent after such date.If paying after the payment due date, Please add late fee $25.00 or 5.00% of the Total Balance Due (whichever is higher). If your account gets past due for more than 60 days, your information may be sent to collections department automatically.
In the event it becomes necessary to institute proceedings for the collection of any amounts unpaid under the terms of this contract, you agree to pay, in addition to the judgment, any extra collection costs, reasonable attorney's fee s and court costs.
Azimuth Infotech will bill Customer: (i) Fees based upon Customer's monthly usage of the Services during the preceding month; and (ii) monthly in arrears for its use of the Services. Azimuth Infotech will provide Customer with the rate for the Services when Customer orders the Services, and will use this rate to calculate the Fees, on a prorated basis, for Customer's usage during that month.
Credit Card or Debit Card. Fees for orders where Customer is paying with a credit card, debit card or other non-invoice form of payment, are due at the end of the month during which Customer received the Services. For credit cards, or debit cards, as applicable: (i) Azimuth Infotech will charge Customer for all applicable Fees when due and (ii) these Fees are considered delinquent thirty days after the end of the month during which Customer received the Services.
Delinquent Payments
Delinquent payments may bear interest at the rate of five-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by Azimuth Infotech in collecting such delinquent amounts, except where such delinquent amounts are due to Azimuth Infotech's billing inaccuracies.
Suspension for Non-Payment
a. Automatic Suspension. Customer will have thirty days to pay Azimuth Infotech delinquent Fees. If Customer does not pay Azimuth Infotech delinquent Fees within thirty days, Azimuth Infotech will automatically suspend Customer's use of the Services. The duration of this suspension will be until Customer pays Azimuth Infotech all outstanding Fees.
b. During Suspension. If Customer is suspended for non-payment, Azimuth Infotech will stop charging Customer monthly Fees during Customer's suspension for non-payment. Customer must pay all outstanding Fees in order to resume its use of the Services.
c. Termination after Suspension. If Customer remains suspended for non-payment for more than sixty days, Azimuth Infotech will terminate Customer for breach pursuant to this agreement.
Indemnification (Force Majeure)
You will indemnify, defend and hold harmless Site Owner and Azimuth Infotech and its officers, directors, employees and agents (each, an "Indemnified Party") from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, "Damages") incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of the Web Sites or (ii) your breach of this Agreement.
The user of this website agrees to indemnify, defend and hold harmless all officers, agents, directors, licensors of Azimuth Infotech and Azimuth Infotech and any third party providers of information to Azimuth Infotech from any loss, damage or other expenses occurred inclusive of reasonable fees for acquiring an attorney due to any law violation of the agreement by the user.
You agree to indemnify Azimuth Infotech and its product or service against, and hold Azimuth Infotech and its products or service harmless from, any and all losses, cost, damages, fees of attorneys and other expenses that Azimuth Infotech and its products or service may sustain or incur by reason of, or in consequence of, any claim arising out of Azimuth Infotech's product or service, including but not limited to sums paid or liabilities incurred in settlement of, and expenses paid or incurred in connection with, any Claim or in connection with procuring or attempting to procure release from liability from any Claim.
By its signature below, you and your representatives acknowledge having read and expressly accept the contract terms listed above.
Arbitration Agreement Regarding Attorney-Client Disputes
Any mediation and/or arbitration shall be held in Wilmington, Delaware. Any arbitration award will be binding and enforceable in the Justice of the Peace Court, Wilmington or a Court of Superior Jurisdiction, and then in any other Court necessary to enforce any judgment; provided, however, that the arbitrators shall not have the power to commit errors of law or legal reasoning and an award may be vacated or corrected on appeal for such error by appeal to a court of competent jurisdiction. By agreeing to this arbitration provision, you are waiving your right to submit any dispute or any cause of action you may have against Azimuth Infotech to a jury or court trial.
Lien
You grant Azimuth Infotech a security interest in and lien on any and all claims or causes of action that are the subject of service to you under this Agreement. The lien will secure any sums owing to Azimuth Infotech at the conclusion of services performed, and will attach to any recovery you may obtain, whether by arbitration award, judgment, settlement or otherwise. The effect of such a lien is that Azimuth Infotech may be able to compel payment of fees and costs from any such funds recovered on your behalf even if you have discontinued using Azimuth Infotech's product or service.
You represent and agree that you have had a reasonable opportunity to consult such an independent lawyer and-whether or not you have chosen to consult such an independent lawyer-you agree that Azimuth Infotech will have a lien as specified above.
Termination of Services
You have the right to terminate Azimuth Infotech's products or service at any time. Azimuth Infotech have the same right, subject to its professional obligations. Such termination shall not, however, relieve you of the obligation to pay for services rendered and disbursements incurred through the date of termination. Upon termination of my representation of you, all unpaid charges will become due and payable immediately.
Market Volatility
Site owner is not liable for changes in the market that change buyer/seller conditions.
Activity Restriction
Site use is restricted to real estate appraisal activities only.
Web Site Security
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. Azimuth Infotech and/or Site Owner will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
DISCLAIMER OF WARRANTY
THE WEB SITES ARE PROVIDED "AS-IS" AND "WITH ALL FAULTS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AZIMUTH INFOTECH AND SITE OWNER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEB SITES, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY USING THE WEB SITES. THE COMPANY DOES NOT WARRANT THAT THE WEB SITES ARE FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
Nothing in this Agreement and nothing in Azimuth Infotech's statements to you shall be construed as a promise or guarantee about the outcome of any matter. Azimuth Infotech make no such promises or guarantees. Any comments about the prospective outcome of a matter are expressions of opinion only.
Entire Agreement: Severability
This Agreement states the entire agreement between you and Azimuth Infotech, and it supersede any prior agreement between you and Azimuth Infotech. No future agreement, statement, or promise that purports to amend, contradict or supersede this Agreement will be binding unless it is set forth in a written document signed by you and Azimuth Infotech. Any provision of this Agreement is held to be unenforceable in whole or in part for any reason; the remainder of that provision and of the entire Agreement will be severable and remain in effect.
Effective Date
This Agreement will govern all legal services performed by Azimuth Infotech on your behalf commencing with the date data entry services are or were first provided to you as client. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, you will be obligated to pay Azimuth Infotech the reasonable value of any services rendered.
If this Agreement accurately sets forth the agreed terms of the relationship between Azimuth Infotech and you, please click to e-sign a copy of this Agreement where indicated below.
THE UNDERSIGNED CLIENT ACKNOWLEDGE AND AGREE TO THE FOREGOING TERMS AS OF THE DATE.
Website Use Agreement.
Azimuth Infotech Websites and the services offered by Azimuth Infotech are dependent on the approval of the terms and conditions of the following Agreement. It is mandatory for all website visitors to fully examine and understand the Agreement before accessing the services provided. Use of this website constitutes acceptance of this Agreement and binds the user to the terms and conditions detailed in this Agreement. You agree that you cannot access or use this service if you do not wish to be bound by this Agreement.
Intentions
The intention of the material offered on this website is to provide visitors with a basic understanding of the data entry services that can be purchased on this website or via telephone. The material provided is for user informational purposes and to promote the data entry services offered on this website. Information provided by this website is neither comprehensive nor complete and does not claim to explore all possible aspects of the data entry services industry. Azimuth Infotech makes no guarantee as to the accuracy, reliability, usefulness, timeliness, or completeness of the information. Azimuth Infotech or "information providers" of the Azimuth Infotech Websites cannot and do not warrant against delays, omissions, interruptions, loss of data or human or machine error.
Copyright
All content on this website, including text, software, images, graphics, videos, logos, button icons and digital downloads is the exclusive property of Azimuth Infotech and Azimuth Infotech and is protected by United States and international copyright laws. This protection includes all patents, trademarks, service marks, trade secrets or additional proprietary laws and rights. You agree not to rent, sell, copy, and license, distribute, reproduce, publicly display or perform, transmit, publish, edit, adapt or produce derivative works from such content or materials unless expressly authorized by Azimuth Infotech and Azimuth Infotech
Aside from the above, you are permitted to download or print a single copy of the content or materials on this website on any single computer for your personal, non-commercial use. This use is provided only if you keep intact all copyright and other proprietary notices. Any systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Azimuth Infotech Websites and Azimuth Infotech is strictly prohibited. Additionally, any use of the content or materials of this website for any purpose not expressly permitted in this Agreement is also strictly prohibited.
Links
While using this website, users may gain access to other websites through hypertext or other links that are not associated with the Azimuth Infotech Websites. Azimuth Infotech Websites and Azimuth Infotech assume no liability or responsibility for any material accessed through any such link that is outside of our website.
Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of Delaware and the laws of the United States of America, without giving effect to any principles of conflicts of laws. All disputes, claims or controversies arising out of or in connection with these Terms of Service shall be submitted to and be subject to the exclusive personal jurisdiction of the State of Delaware for the County of New Castle. The parties submit to the exclusive jurisdiction of such courts to adjudicate or determine any action, suit or proceeding arising out of or in connection with this Agreement.
Waiver of Liability
In no event shall Azimuth Infotech or Azimuth Infotech be held liable for any damages whatsoever. Azimuth Infotech and Azimuth Infotech shall particularly not be liable for the following damages and losses: consequential, incidental, indirect, special, lost profits, loss of revenue, or loss of use, arising out of or related to any Azimuth Infotech or Azimuth Infotech website or the information contained within. This applies whether such damages arise in contract, in equity, at law, negligence, tort, under statue or otherwise.
The use of the web site (the "Web Site") is subject to the terms and conditions stated herein and to the terms set by the Site Owner (info@azimuthinfotech.com) located at www.azimuthiInfotech.com. Use of the Web Site constitutes an agreement by you, the user, that your use is governed by these terms and conditions. In addition, when using particular services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time.
You are responsible for regularly reviewing this Agreement.
Ownership of Intellectual Property
The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Azimuth Infotech or its licensors. United States and worldwide copyright laws and treaty provisions protect the contents of this Web Site. In accordance with these terms, except as stated above,
Appropriate Conduct and Prohibited Uses:
You agree that you are responsible for your own conduct and content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using the Service,
You will not:
Copy, reproduce, modify, use, republish, upload, post, publish, license, create derivative works from, transmit or distribute in any way material from the Web Site without express written permission;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
Upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of t
he Rights or have the permission of the owner to post such Content; Upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
Download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
Restrict or inhibit any other user from using and enjoying Site Owners and/or Azimuth Infotech services;
Use services for any illegal or unauthorized purpose;
Interfere with or disrupt services or servers or networks connected to Site Owners and/or Azimuth Infotech services, or disobey any requirements, procedures, policies or regulations of networks connected to Site Owners and/or Azimuth Infotech services;
Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of services or collect information about users for any unauthorized purpose;
Submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Azimuth infotech and/or Site Owner;
Create user accounts by automated means or under false or fraudulent pretences;
Promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
Redeliver, transfer, or sell any information, software, lists of users, databases or other lists, products, or services provided through or obtained from the Site Owner and/or Azimuth Infotech Web Sites. This includes among other activities, using "framing, scraping, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information and includes any of the pages, text, images or other content of this Web Site technology without express written permission.
Soliciting any of the individuals or companies listed on this web site for purposes of selling products or services is prohibited.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
AZIMUTH INFOTECH AND SITE OWNER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SITE OWNER, AZIMUTH INFOTECH OR THROUGH OR FROM AZIMUTH INFOTECH SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. LIMITATION OF LIABILITY SITE OWNER AND AZIMUTH INFOTECH SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITES. USE OF SITE OWNER AND AZIMUTH INFOTECH WEB SITES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AZIMUTH INFOTECH WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITES.