TERMS OF SERVICE (“TOS” for SUPPORT, MAINTENANCE AND CONSULTATION SERVICES)
OneSpiffy general policy is to act as a neutral provider of access to the global Internet and to provide relevant Support, Maintenance and Consultation Services (collectively referred to as “Support Services”).
OneSpiffy reserves the right to suspend or cancel a customer’s (referred to as “Subscriber” or “Subscribers” or “Customer” or “Customers”) access to any or all services provided by OneSpiffy when OneSpiffy decides that the account has been used inappropriately.
OneSpiffy (referred to as “The Company” or “OneSpiffy (TM)” or “OneSpiffy”) agrees to furnish Support, Maintenance and Consultation related services to the Subscriber, subject but not limited to the following TOS (“Terms of Service”).
BY CONTACTING OneSpiffy FOR SUPPORT, MAINTENANCE AND/OR CONSULTATION SERVICES OFFERED UNDER A SERVICE PLAN REFERENCED BELOW (“SERVICE PLAN”) OR REGISTERING A SERVICE PLAN WITH OneSpiffy, THE INDIVIDUAL OR ENTITY (“CUSTOMER”) AGREES THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF SUPPORT, CONSULTATION AND MAINTENANCE SERVICES UNDER THE APPLICABLE SERVICE PLAN. IF CUSTOMER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, CUSTOMER SHOULD NOT CONTACT OneSpiffy OR REGISTER THE SERVICE PLAN. TO CANCEL A PURCHASED SERVICE PLAN AND RECEIVE A REFUND OF ANY MONEYS PAID, CUSTOMER SHOULD CONTACT OneSpiffy, AS DESCRIBED BELOW. A SERVICE PLAN WILL BE EFFECTIVE WHEN OneSpiffy ACCEPTS CUSTOMER’S REGISTRATION (“EFFECTIVE DATE”).
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition shall have the right to terminate all service set forth in this Agreement.
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Upon acceptance of Customer’s registration, OneSpiffy will provide support services (“Support Services”) on OneSpiffy software products or related technologies (“Supported Products”) for the applicable Service Plan, all as described at the following online webpage: https://spiffy.one/jobs/ – (“Service Plan Support Page”) inclusive of Legal Editorial pages located here: https://spiffy.one/legal/ (“Legal Editorials”). OneSpiffy reserves the right to amend the Support Services provided and/or Supported Products covered under a Service Plan and Legal Editorials, at any time, by posting updates to the Service Plan Support Page and Legal Editorials page.
OneSpiffy will not amend the Support Services and/or Supported Products in a way that
i. reduces the level of effort OneSpiffy provides under the Support Services, or
ii. materially impacts OneSpiffy’s obligation to deliver the Support Services, or
iii. materially impacts the rights that Customer receives under the Support Services.
The terms described at the Service Plan Support Page are incorporated into these Terms and Conditions. In the event of any inconsistencies between the terms in this document and the terms at the Service Plan Support Page, the terms at the Service Plan Support Page will govern.
i. Support Incidents.
Service Plans are provided in single, multiple or unlimited Support Incident packages. A Support Incident is a specific, discrete problem whose origin can be isolated to a single cause. OneSpiffy will make reasonable efforts to resolve a Support Incident but does not guarantee that Support Incidents will be resolved. OneSpiffy, in its sole discretion, will determine what constitutes a Support Incident and to the extent permitted by law if the Support Incident is resolved. Generally, a Support Incident is resolved when Customer receives one of the following:
a) information that resolves the problem;
b) information on how to obtain a software solution that will resolve the problem;
c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Recommended, Maintained or Supported Product;
d) information that identifies the problem as being resolved by upgrading to a newer release of the Recommended, Maintained or Supported Product; or
e) notice that the problem has been identified as a hardware equipment issue. Under a Service Plan with multiple Support Incidents, each new Support Incident contact made by Customer will decrease the remaining number of eligible Support Incidents.
ii. Response Times.
OneSpiffy will make reasonable efforts to respond to a Support Service request within a reasonable time or within the response time described under an applicable Service Plan (“Response Time”), whichever occurs first, but does not guarantee that a response will be provided within a specific time period. All Response Times are measured in accordance with the Service Plan’s Hours of Operations described on the Service Plan Support Page. Support Services are provided in English only, unless otherwise specified, to a single person or to multiple persons designated by Customer at time of registration and as allowed under the Service Plan.
iii. Current Release.
Unless otherwise specified, all Recommended, Maintained or Supported Products must be at their most current release level.
Support Services are not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, air traffic control machines or other activities in which the failure of the Support Services to attain a desired result could lead to death, personal injury, or severe physical or environmental damage.
v. Abandoned Equipment.
Customer agrees that any equipment, facilities modification, or Client provided infrastructure or services that remain in the service area, impound area or OneSpiffy Offsite Servicing location for more than sixty (60) days beyond termination, regardless of reason or ownership of said items, shall be deemed to be abandoned and OneSpiffy shall have the right to remove and or dispose of said equipment, modifications or infrastructure or services at its sole discretion. If you were to owe OneSpiffy for the services provided, your equipment will be held as collateral until all obligations are met.
Unless otherwise specified in the Service Plan, OneSpiffy will not be obligated to provide Support or and/or Maintenance Services relating to problems or issues arising out of or from
a) issues that could be resolved by upgrading a Recommended, Maintained or Supported Product;
b) the use or modification of a Recommended, Maintained or Supported Product in a manner for which the Supported Product is not intended to be used or modified;
c) third-party products or technologies and their effects on or interactions with a Recommended, Maintained or Supported Product;
d) damage to the media on which a Recommended, Maintained or Supported Product is provided, or to the computer on which a Recommended, Maintained or Supported Product is installed;
e) use of a computer system that is incompatible with a Recommended, Maintained or Supported Product; and
f) issues relating to scripting, FX scripting, programming, compiling, debugging, infrastructure design, content creation, content customization, multimedia project planning/design, resource management, budgeting, training, or other issues not within the scope of the Support Services described under a Service Plan.
To receive Support Services, Customer must register the Service Plan and follow the access instructions provided by OneSpiffy. Customer is responsible for all fees in establishing and maintaining email and telephone communications with OneSpiffy. Customer will cooperate with OneSpiffy when seeking Support Services by providing information necessary to assist OneSpiffy diagnose an issue. Customer is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Customer will maintain and implement a complete data backup and disaster recovery plan. Customer is solely responsible for any and all security of its confidential, proprietary or classified information. Customer will have a reasonable understanding of the Recommended, Maintained or Supported Products for which it seeks Support Service and the computer system that it is operating on. Customer may not transfer Recommended, Maintained or Supported Services to a third party. Support Services are provided for the internal use of Customer only, and any unauthorized distribution of the Support Services will be grounds for immediate termination of these Terms and Conditions. Customer will take reasonable measures to prevent the unauthorized distribution and use of Support Services. Customer will not abuse its receipt or use of Support Services, including but not limited to, accessing Support Services for issues that have already been resolved.
ALTHOUGH OneSpiffy CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, OneSpiffy WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES UNDER THE SERVICE PLAN IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, OneSpiffy SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE EXTENT PERMITTED BY LAW, OneSpiffy’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICE PLAN ORDERED BY CUSTOMER. IN NO EVENT SHALL OneSpiffy HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT OneSpiffy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IF CUSTOMER IS COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN ITS COUNTRY OF PURCHASE OR, IF DIFFERENT, ITS COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER. THESE TERMS AND CONDITIONS GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.
Unless terminated earlier in accordance with this section, a Service Plan will continue for a term of twelve (12) months from the Effective Date or until all Support Incidents are used, whichever occurs first (unless otherwise authorized by OneSpiffy in writing). OneSpiffy may terminate a Service Plan at any time
a) if after providing Customer no less than fifteen (15) days prior written notice, Customer fails to pay fees due for a Service Plan, or
b) if after providing Customer no less than thirty (30) days prior written notice, Customer fails to cure a breach of these Terms and Conditions, or
c) if Customer breaches a term of any software license agreement governing the use of software provided under a Service Plan. Except as otherwise provided by law and provided no Support Services have been received by Customer, Customer may cancel a Service Plan for any reason within thirty (30) days of the Service Plan’s purchase date or Effective Date, whichever occurs later, and receive a refund of all sums paid. Refund requests must be sent in writing, together with applicable proof of purchase to the Refund Contact address identified.
Sections 7, 8 and 12 will survive termination of these Terms and Conditions for any reason.
IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE COUNTRY OF PURCHASE OR, IF DIFFERENT, THE COUNTRY OF RESIDENCE, AND THE COURTS OF THE RESPECTIVE COUNTRIES WILL HAVE JURISDICTION OVER THE MATTER.
Any additional services provided, as part of a Service Plan will be governed by these Terms and Conditions. In the event that Support Services are provided at a Customer’s location as part of a Service Plan, Customer will ensure that OneSpiffy is granted access to the location at the arranged time and will secure a safe working environment sufficient for OneSpiffy to perform the Support Services. In the event that Customer consents to OneSpiffy providing Support Services via remote computer access, Customer agrees to grant OneSpiffy permission to access all computer systems on which the Supported Product resides for the purpose of providing the Support Services. In the event that software is provided as part of a Service Plan, such software is the copyrighted works of OneSpiffy and/or its licensors. Customer may install, reproduce, and use the software exclusively for the purpose of supporting the Supported Products, but, except as permitted by applicable law, may not decompile, reverse engineer, modify, rent, lease, loan or create derivative works in the software. If the software is subject to the terms of a separate license agreement, the terms of the separate license agreement will govern the use of the software. Any software that is made available to the United States Government under these Terms and Conditions is classified as “restricted computer software” as defined in clause 52.227-19 of the FAR. The United States Government’s rights to the software are as provided in clause 52.227-19 of the FAR.
Customer may not assign its rights or obligations under a Service Plan. Any unauthorized assignment will be void. OneSpiffy will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Terms and Conditions. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between OneSpiffy and Customer with regard to the Service Plan and the Support Services provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon OneSpiffy unless made in writing and signed by an authorized representative of OneSpiffy. Any term or condition on any order or other document submitted by Customer shall be of no force or effect whatsoever, and is specifically rejected.