The Client in this document refers to the customer using the services provided by Apnasoft.
This agreement is made between Apnasoft and the Client. Apnasoft will provide (1) a website using the information provided by the Client, and (2) a service that allows the Client to update their website. This system is called Auto Dealer Kit herein refered to as ADK.
1. |
GENERAL SERVICE AGREEMENTS. |
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1.1 |
Apnasoft grants the Client non-exclusive, non-transferable rights to use the ADK web-based system for a single auto dealership and a single domain name. |
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1.2 |
Each page of the Clients' website will have a small image link back to the ADK website. |
2. |
PAYMENT. |
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2.1
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The Client must ensure the subscription fee is paid on time and at the right intervals. |
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2.2 |
Apnasoft reserves the right to halt services provided until all fees have been collected from the client. |
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2.3 |
The subscription fee is payable quarterly and 3 months in advance by standing order or otherwise as agreed. |
3. |
HELP AND SUPPORT. |
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3.1 |
Apnasoft will provide help and support to any client with a valid subscription. |
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3.2 |
Support will be provided mainly by email, however limited telephone support shall be provided during the first month of the subscription. |
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3.3 |
Training on using the system shall be provided at Apnasoft's discretion. The system has been designed to be very easy to use, however all clients will be given online instructions for performing the basic tasks. |
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3.4 |
Support is limited to the equivalent of one full working day a month. |
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3.5 |
Hardware advice and setup is not included in the subscription cost. |
4. |
DOMAIN NAMES. |
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4.1 |
Apnasoft will register any new domain names under the name of the Client. The client will be the sole legal owner of any domain registered as part of the subscription to the ADK service. On termination of this agreement (see below) the client shall be responsible for paying any domain registry fees due at the appropriate rate and time. |
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4.2 |
Domains can not be transferred away from Apnasoft without termination of this agreement, on termination of this agreement the domain can be transferred to another domain registrar without any penalty or cost to the Client. |
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4.3 |
All new domain name registrations are subject to availability. |
5. |
WEB HOSTING. |
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5.1 |
The Client understands that Apnasoft is a reseller of hosting services, and that all administration of the Hosting service will be maintained by Apnasoft. |
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5.2 |
A business class hosting provider shall be used in all cases. |
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5.3 |
Web Hosting will be provided by Apnasoft when a new domain name is purchased. |
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5.4 |
Hosting will also be provided for existing domain names if the client is able to change the DNS settings of the domain. |
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5.5 |
Apnasoft will not release FTP details of the web hosting server for any domains hosted by Apnasoft. |
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5.6 |
The client may not upload any data files to the web server directly. In addition to this they may not host any other files without approval and agreement from Apnasoft. |
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5.7 |
Apnasoft reserves the right to refuse the upload of any file to the web server without providing any reason. |
6. |
TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS. |
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6.1 |
Currently there is no minimum term for the subscription. |
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6.2 |
If the Client wishes to terminate the subscription, the Client must give Apnasoft a written notice to terminate. |
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6.3 |
On termination of the subscription, all data held for the Client shall be deleted from the database and web server, Apnasoft will not be responsible for any loss or damage caused by doing this. |
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6.4 |
Apnasoft reserves the right to cancel the ADK service (and this agreement) at any time and without notice. In this event the Client will be entitled to a refund based upon their remaining subscription. |
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6.5 |
Setup costs are not refundable. |
7. |
UPDATES TO THIS AGREEMENT. |
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7.1 |
All updates to these terms of service shall be emailed to the Client and the client will be given a period of seven days in which the Client may protest about any changes. Any disputes between Apnasoft and existing Clients will be dealt with professionally. If after seven days the Client has not protested, the new terms will be assumed to be accepted by the Client. |
8. |
NO WARRANTIES. |
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8.1 |
Apnasoft makes no warranty that their ADK system will be uninterrupted or error free. |
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8.2 |
Any system faults reported by the Client shall be dealt with professionally and within seven days. |
9. |
LIMITATION OF LIABILITY. |
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9.1 |
Apnasoft limits liability to one months subscription fee. |
10.GOVERNING LAW. |
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10.1 |
These Terms and Policies are governed in all respects under English laws. |
(Last Updated 3rd January 2005)
