Welcome to the BizValet revolution!
To get started, we need to first put into writing the terms that we’ve agreed to already over the phone. We make this agreement as straightforward and fair as possible.
Terms and Conditions:
BizValet is a Washington Company. Using BizValet (the “System” or “Platform”) you agree to be bound by the following terms and conditions (the “Agreement” or “Terms and Conditions”). The effective date of this agreement is the date that you accept the Agreement. You as the user of BizValet System user are referred to as “Tenant”. You and BizValet are collectively called “the Parties” or individually a “Party”. This Agreement supersedes all prior and contemporaneous agreements. BizValet may modify these terms at any time and may notify you by posting a notice on our site before the modifications take effect. Your continued use of the System after notice of such modifications constitutes agreement to the new terms.
1. System subscription fee: $( 99 ) per month
Your credit card will be charged for the monthly subscription fee. You will continue to be charged your subscription fee until this agreement is terminated.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS THE SYSTEM THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SYSTEM.
3. Electronic Contracting
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES,
CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
BizValet is not responsible for typographic errors.
4. Your Account
As a registered user of BizValet, you may establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify BizValet of any security breach of your Account. BizValet shall not be responsible for any losses arising out of the unauthorized use of your Account.
5. Fees and Renewals
From time to time, we may offer different subscription terms: Monthly fees or other terms for such subscriptions may vary. Subscription fees are pre-paid and non-refundable. To the extent the Service or any portion of it is made available for any fee, you agree to pay such fees. You also agree to provide BizValet information regarding your credit card or other form of payment. You warrant to BizValet both (1) that such information is true, and (2) that you are authorized to use the payment instrument. You agree to update your account information promptly with any changes that may occur, including changes either in your address or your credit card expiration date.
5b. Credit Card Processing Set up and Fees
Payment processing services for Tenants on BizValet platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Tenant on BizValet platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of BizValet enabling payment processing services through Stripe, you agree to provide BizValet accurate and complete information about you and your business, and you authorize BizValet to share it and transaction information related to your use of the payment processing services provided by Stripe. Stripe’s credit card processing fee (CCPF) is 4.4% + $0.30. BizValet reserves the right to change this CCPF or the provider (Stripe) in the future with written 24 hour notice. Only BizValet credit card processing offered system will be allowed on the BizValet platform.
Clients will be generated from individuals (in their personal capacity or on behalf of a company) who, for example but not limited to, may register with BizValet, your BizValet provided website, send in-app messages or place a phone call to your company or a tracking number provided by BizValet. Clients will include information that has been provided by the individual and derived data. BizValet provides no guarantee of the veracity or accuracy of Client data.
You authorize BizValet to track and record all phone calls placed through tracking numbers provided by BizValet.
During the term of this Agreement and for two (2) years thereafter, except (i) as may be required by law, regulation, or court order; (ii) on a need to know basis to employees, consultants, counsel, accountants, investors or other professional advisers of the Parties; (iii) in connection with required tax and accounting disclosures; and (iv) as specified below and under Publicity:
a. Non-Disclosure of Confidential Information. The Parties agree (i) not to disclose to any third party or use any Confidential Information disclosed by the other Party except as expressly permitted in this Agreement and (ii) to take all reasonable measures to maintain the confidentiality of all Confidential Information in Party’s possession or control.
b. Confidential Information. For the purposes of this Agreement, “Confidential Information” means information about a Party (or its partners’ or customers’) business or activities that is proprietary and confidential, which shall include business, financial, technical and other information which is marked as “confidential” or “proprietary” (or similarly), received from a Party related to Agreement, or ought in good faith to be treated as confidential.
c. Non-Confidential Information. Confidential Information will not include information that (i) is in or enters into public domain without breach of this Agreement; (ii) Party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation; or (iii) Party knew prior to receiving such information from other Party or develops independently.
You agree to not use the name, graphical images or logos of BizValet or any of its websites in any way, including press releases or any sales or marketing efforts without the written consent of BizValet.
a. Termination. You may terminate this Agreement, with or without cause, with 30 days prior written notice to BizValet at email@example.com. During that 30 days of continued access to the Service, you will be charged according to your current subscription terms. BizValet may terminate this Agreement, with or without cause, immediately upon delivery of written notice to you at the e-mail address or addresses listed in your account at the time of termination. The 30-day notice period is neither a penalty nor a liquidated damages provision. Rather, it is an option available to you through which you can comply with your obligations under the Terms and Conditions.
b. Rights Upon Termination. Except as expressly provided, upon the termination of this Agreement, all rights, duties and obligations of the Parties hereunder shall terminate, except to the extent that either party violated the Agreement and claims related to that violation remain intact. In addition, the following sections shall survive post-termination: Confidentiality, Indemnification and Limitation of Liability.
You agree to defend, indemnify and hold harmless BizValet and its affiliates, officers, directors, employees and consultants, from and against any and all claims, losses, liabilities and damages of any kind resulting from a breach of your representations and warranties or from your access to and use of the System or the services provided hereunder.
11. Limitation of Liability
BIZVALET WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF BIZVALET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, BIZVALET’S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED, IN ANY EVENT, THE TOTAL FEES PAID BY YOU TO BIZVALET DURING THE THREE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE.
BIZVALET MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THIS AGREEMENT, THE SERVICES OR THE SYSTEM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, BIZVALET DOES NOT MAKE ANY REPRESENTATION THAT THE OPERATION OF ITS WEBSITE, THE SERVICES OR THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, AND NEITHER PARTY WILL BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
13. No Joint Venture
Nothing herein contained shall be construed to place the Parties in a relationship of joint ventures, and neither Party shall have the power to obligate or bind the other in any manner whatsoever. The Parties enter into this Agreement as independent contractors.
14. Severability & Validity
If any provision of this Agreement is determined to be invalid, illegal or unenforceable, in whole or in part:
a. The validity, legality and enforceability of any of the remaining provisions or portions of this Agreement shall not in any way be affected or impaired thereby and this Agreement shall nevertheless be binding between the Parties.
b. Such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and the remainder of the Agreement shall remain in full force and effect.
You may not assign this Agreement, in whole or in part, without BizValet’s prior written consent, and any attempted assignment without such consent shall be null and void. Notwithstanding the foregoing, consent will not be required for assignment or transfer made by operation of law or when an entity acquires substantially all of your stock, assets or business, in which case the assignment occurs automatically upon the consummation of the sale. BizValet may freely assign or transfer this Agreement at any time and will provide you with written notice of that assignment or transfer to the e-mail address associated with your account at that time.
16. No Waiver or Modification
No term or provision hereof will be deemed waived or modified, and no variation of terms or provisions hereof shall be deemed consented to, except as expressly provided herein, unless such waiver or consent is in writing signed by the Party against whom such waiver or consent is sought to be enforced. Any delay, waiver or omission by either Party to exercise any right or power arising from breach or default of this Agreement by the other Party shall not be construed to be a waiver by that Party of any subsequent breach or default.
The descriptive headings in this Agreement are inserted for convenience to navigate and reference provisions only, and except to reference, provisions do not constitute a part of this Agreement.
18. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Washington State, without reference to conflicts of law rules. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located in King County, Washington. The parties agree the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The prevailing party in any litigation shall be entitled to seek attorney’s fees.
19. Company Marketing.
To obtain clients for your company, BizValet needs to be able to use your logos, marketing material, website and all relevant content about your company. You give BizValet permission to market your company on your behalf in any capacity that BizValet deems appropriate.