Provision of Services Agreement
Effective Date: 09.01.2020
Last Update: 04.04.2023
The purchaser acknowledges and agrees that this Agreement is made subject to the following terms and conditions:
Subport Terms and Conditions
1. Data Processing
1.1. Subport utilizes external services for data processing, including but not limited to Amazon Web Services. By using our platform and services, you acknowledge and agree that your data will be processed by other services in accordance with their terms and conditions.
2. Service Availability
2.1. While Subport endeavors to maintain uninterrupted service, please be aware that unexpected outages can occur. We strive for 100% operational efficiency but cannot guarantee it.
3. Platform Limitations
3.1. Before making any payment, customers are encouraged to inquire about any platform limitations, features not on our roadmap, or functionalities that may not be possible to implement. We are committed to transparency and ensuring our customers are aware of our platform's capabilities.
4. Termination of Contract
4.1. Subport reserves the right to terminate a contract with a customer without providing a specific reason. In such cases, we will give the customer 31 days' notice. No refunds will be issued for any prior payments made to Subport.
5. Additional Features
5.1. Any requests for features beyond those provided by Subport may be subject to an additional setup fee. Subport retains the discretion to develop these features for free or charge an additional monthly fee.
6. Setup Fees
6.1. Setup fees are non-refundable. The scope of customized feature development will be defined via email communication with the customer before payment. By making the payment, the customer accepts the agreed-upon scope of work. Any additional requirements beyond the agreed scope will be considered out of scope and will require a separate quote.
7. Software Errors
7.1. Subport is a software system, and like all software, it may encounter bugs or errors. Subport shall not be held responsible for any consequences, costs, or damages resulting from software errors, including but not limited to sending incorrect user information, charging incorrect payment cards, or allowing subscribers to redeem when they were not supposed to.
8. Intellectual Property
8.1. Payment of setup fees does not constitute the purchase of intellectual property rights or grant lifetime access to the Subport platform. Subport reserves the right to terminate the relationship with a customer who has paid a setup fee, providing 1 month's notice.
9. Tax Responsibilities
9.1. Customers are responsible for ensuring the accuracy of all tax-related matters, including payments and charges made through the Subport app. Subport shall not be held responsible for any incorrect tax calculations or charges. It is the customer's responsibility to verify and rectify any tax-related issues.
10. Customer Responsibilities
10.1. Upon the delivery of the app, it is the customer's responsibility to thoroughly review and verify all aspects, including payments, taxes, and order information. While Subport ensures app quality, ultimate responsibility for verification lies with the customer.
Terms of Subscription
1.1. Subscription management system: A progressive web app linked directly to the purchaser’s Stripe or Square account. The system allows the purchaser to charge its users for their products or services.
1.2. Stripe and Square: Online payment processors.
2. Provider’s Obligations
2.1. The provider commits to (1) customize a personal subscription management system and (2) maintain and update the system periodically.
3. Delivery of the Service
3.1. The purchaser will receive the finished personalized subscription management system before the deadline agreed between the parties at the time of the subscription to this contract.
4. Monthly Fee
4.1. The purchaser commits to paying in US dollars ($), GBP (£) or Euros (€) the monthly fee established on the provider’s payment page sent to the purchaser. The first payment formalizes the agreement between the parties to the conditions of the present contract and binds the parties. No refunds will be provided.
5. Data Protection Policy
5.1. The subscription management system complies with the European Union Regulation on General Data Protection Regulation 2016/679 from 27 April 2016.
5.2. The provider commits to: (1) exclusively use the personal data it has access to for its contractual obligations. (2) Comply with and adopt any new regulations on data protection.
6. Duration of the Contract
6.1. The contract can be terminated unilaterally by either party at any given time without penalization. Once the contract is terminated, the purchaser will maintain access to the subscription management system until the end of the billed period.
7. Discontinuation of Subport Services Guarantee
7.1. In the event that the provider stops offering its services, the merchant will be given the option to obtain a cloned version of their subscription system and continue offering it independently. The merchant would have to assume the associated monthly maintenance costs. The provider guarantees a smooth transition so the merchant doesn't lose any business due to this. Access to the cloned version will be granted only if Subport stops offering its services, as it's core to its own IP.
8. Default Payment and Termination
8.1. The provider is entitled to automatically terminate the contract and shut down the app in case of default payment by the purchaser.
By using Subport's services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions, including the Terms of Subscription. If you do not agree with any of these terms, please refrain from using our services.
These Terms and Conditions are subject to change, and any updates will be posted on our website. It is your responsibility to review them periodically for any changes.
If you have any questions or concerns regarding these Terms and Conditions, please contact us at firstname.lastname@example.org.