Terms and Conditions
TIE to Partner:
Communication for this agreement “written notice” will be sent via e-mail to the address provided by the Partner at the time of signing. If this product is for a franchise location then the e-mail must be an e-mail provided to the Franchisee by the Franchisor.
Partner to TIE:
Any work requested and questions during this agreement can be submitted via e-mail to firstname.lastname@example.org or by telephone to (630) 301-7444. Termination of this agreement must be set to email@example.com, see Termination by Partner section for full details.
Term and Termination
This Agreement shall commence on the Effective Date of the signed contract and continue in effect for three (3) years thereafter and will automatically renew to a one (1) year term unless e-mail notice is set to firstname.lastname@example.org at least thirty (30) days prior to the renewal date with the following information: Subject line – site name and number; E-mail body – a brief description of the Partner’s intent to cancel agreement renewal and effective date for the cancellation.
Termination by Partner:
A Partner may terminate this Agreement any time by providing TIE with written notice to email@example.com with the following information: Subject line – site name and number; E-mail body – a brief description of the Partner’s intent to cancel agreement renewal and effective date for the cancellation. Any termination of this agreement before the term has ended will be subject to a termination fee as outlined in the Charges section.
Termination by TIE:
Tie National, LLC has the ability to terminate this agreement at any time and for any reason via written notice to The Partner. Cancellations by TIE due non-payment will be subject for the payment of the months leading to TIE’s written termination notice and a termination fee will apply, see Termination Fee in the Charges section for full details.
Charges, Taxes and Payment
Monthly Service Charges – In exchange for the Services provided by TIE under this Agreement, the Partner shall pay TIE in advance by credit card, which must be on file with TIE. Payment will continue each month until the agreement has been terminated, see termination section for full details.
Rental Charges – If the customer chooses to rent equipment under this agreement, the rental will be paid in advance by credit card that must be on file with TIE. If this agreement is terminated the customer will be invoiced for the equipment but may receive credit for that invoice if the equipment is received within 30 days of the termination date.
Termination – The termination fee is calculated as fifty percent (50%) of the remaining balance of the agreement term.
Price Changes – Any price changes to the monthly service charge that will go into effect at the renewal period will be communicated to the Partner no less than 30 days before the agreement renewal. Other fees may change at any time and without notice.
Credit Card Decline – A Credit Card Decline fee will be assessed for all declined credit cards. Late fees and finance charges may also apply for any unpaid services if payment is not received.
The Partner is responsible for all sales, use and other taxes that are levied or imposed by state and local governments for the use of the services supplies by TIE. For Partners that are in areas that TIE is required to collect taxes the additional tax will be added to your monthly and one time fees and may be changed separately.
Payment by Credit Card:
All services and fees supplied under this agreement must be paid with a valid credit card. This credit card will be kept on file for future payments of said services. The Partner is responsible contacting TIE’s Accounting Department at (630) 301-7444 to provide any necessary update to the credit card information. All declined transactions are subject fees, finance charges, and account suspension.
The Partner is required to have all accounts with Tie National, LLC (TIE) current and in good standing. TIE may turn off services if the Partner’s account is not in good standing.
Remote support is included in your monthly service charge. If a technician is requested or required it will be invoiced at standard Time and Material rates. The Partner gives the authority to charge the card on file on or before the due date of the invoice.
Except for the payment of monies due, neither party is responsible for any delay or failure to perform its obligation hereunder due to any cause beyond its reasonable control, including, without limitations, acts of God, natural disasters, government orders, labor unrest, or the unanticipated suspension or cessation of service by an underlying service provider. A party so prevented from performing its obligations shall notify the other party of the reason and anticipated duration of such non-performance, use commercially reasonable efforts to remove the cause and resume its performance as soon as the cause is removed.
This contract may be transferred if the facility is sold to another entity. If the new entity does not wish to continue service the contract must still be paid in full or canceled (cancellation fees will apply) by the signer of the original agreement.
Neither this Agreement nor any provision hereof may be waived, modified, amended or terminated except by written Agreement signed by the party affected by such waiver, modification, amendment, or termination. No failure on the part of any party to exercise and no delay in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right under this Agreement preclude any other or further exercise thereof or the exercise of any other right.
No remedy conferred by any provision of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given in this Agreement or existing at law or in equity, by statute or otherwise.
All notices and other communications required or permitted under this Agreement shall be in writing and sent by electronic mail (email). Notices shall be effective as of the date of receipt unless otherwise noted.
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and that provision and this Agreement generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in this Agreement.
TIE will be providing hardware on rental for this agreement. These items are and will remain as such, the property of TIE for the entirety of the agreement. Upon cancellation of the agreement, the Partner will receive an invoice for the hardware but will receive full credit if the hardware is returned undamaged within 30 days of the effective cancellation date.
Risk of Loss
The Partner shall assume the risk of loss of, or damage to, the equipment from and after delivery of the equipment to the Partner’s premises. Partner agrees that if the equipment is damaged or destroyed in any way the Partner will pay the full amount of the equipment. Partner agrees to return all equipment in working order at the end of the agreement.
NEITHER TIE (INCLUDING ITS LICENSORS) NOR PARTNER SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE OR LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL ARISING IN RELATION TO OR IN CONNECTION WITH THIS PROGRAM, RELATED PRODUCTS, DOCUMENTATION OR THE USE THEREOF, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY OR STRICT LIABILITY, EVEN IF SUCH PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.