Engineers Edge Customer Agreement
Engineering Consulting, Training Services, Advertising, Web Site Usage and Other Payment Policies: You agree to pay all charges for your use of the Services at the prices then in effect for your country of residence. Payments for all services are due and payable in advance in an amount not less than the fees for agreed services unless otherwise specified. All customers paying by invoice are required to submit a purchase order per Engineers Edge quote.
Accounts that are more than 30 days in arrears are subject to late fees and/or cancellation of services without notice. Cancellation: Customers are required to give 30 days notice to cancel consulting or training services or to request changes in services.
In case of such cancellation by customer within 30 days of scheduled services, cancellation fees will apply as defined by this customer agreement, contract, quote, or documented terms. Engineers Edge reserves the right to cancel services at any time for agreement violations, non-payment, personal emergencies, or acts of god. Cancellation Fees: In the event the Customer elects to cancel within 30 days of scheduled training, consulting services, or reschedule such services, customer shall pay Engineers Edge or services provider 30 percent of the agreed consulting or labor services fee.
Additionally, Customer shall pay for all incurred and non-refundable consulting expenses at that time. Customer shall reimburse within 30 days all documented non-refundable expenses. The following are typical non-refundable expenses:
Travel (Air, Rental Car, Special travel fees, services etc.),
special or custom consulting or training materials and services.
Consultants accommodations such as hotel cancellation fees, reschedule fees, etc.
In the event that Engineers Edge or services provider does not provide the work as specified within the services agreement, the customer may exercise the option of terminating services agreement with the provision that if the services agreement is thus terminated, Engineers Edge or services provider shall refund within 30 days any money paid by the customer as a cash advance against services. Late Payment Fees: ENGINEERS EDGE CHARGES A LATE FEE OF 1.5 PERCENT A MONTH (18 PERCENT ANNUALLY), OR A FLAT $500 A MONTH FEE, WHICHEVER IS GREATER ON ALL UNPAID BALANCES. NOTE: ENGINEERS EDGE MAY ALSO CHARGE YOU FOR ANY COLLECTION AGENCY FEES THAT WE ARE CHARGED BY A COLLECTION AGENCY WE USE TO COLLECT FROM YOU IF IT IS PERMITTED BY THE LAW OF THE STATE or COUNTRY WHERE YOU HAVE YOUR BILLING ADDRESS WHEN WE FIRST SEND YOUR ACCOUNT TO A COLLECTION AGENCY. CUSTOMER WILL ALSO BE RESPONSIBLE FOR ALL LEGAL AND ASSOCIATED FEES AND COSTS PAID BY ENGINEERS EDGE OR CONSULTANT TO RECOVER MONIES OWED BY CUSTOMER. Return Products Fees: See Engineers Edge Shipping and Returns policy web page Privacy Policy: See Engineers Edge Privacy Policy Ownership: All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Engineers Edge consulting, training, publishing services are wholly owned by Engineers Edge and/or its licensors and service providers except where expressly stated otherwise. You may not use Engineers Edge trademarks, trade names, patents, copyrights or other intellectual property rights without Engineers Edge prior written permission. Disputes: The place of making of this agreement is Monroe, Georgia, USA. Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterwards, between the parties hereto, their assignees, their affiliates, their attorneys, or agents, shall be litigated solely in the courts of the State of Georgia, Walton County, in Monroe. Any action or suit between the parties shall be brought in those courts and no other. Each party (1) submits to the jurisdiction of such court and (2) waives the defense of an inconvenient forum, and (3) to the fullest extent permitted by applicable law, irrevocably waives all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this agreement or any other matter involving the parties hereto. Indemnification: You agree to indemnify Engineers Edge and each of its representatives, consultants, services provider, and licensors from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your Engineers Edge services, including any violation of this Agreement by you or any other person using Engineers Edge services on behalf of your organization, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations. Disclaimer: Engineers Edge, services providers and consultants will not be responsible for any damages Customer or Customer's business may suffer. Engineers Edge makes no warranties of any kind, expressed or implied, for the services we provide. Engineers Edge disclaims any warranty or merchantability or fitness for a particular purpose, including, but not limited to: Loss of time resulting from delays, non-deliveries, wrong delivery, and any and all service.
The determination of violation of the provisions of this agreement rests solely with Engineers Edge.
Amendments: This Agreement shall not be modified, amended, extended, renewed or canceled except by written instrument signed by both of the parties which makes specific reference to this Agreement. Entire Agreement: This Agreement contains the entire agreement between Engineers Edge and Customer with respect to the subject matter hereof and shall supersede all prior understandings, agreements or arrangements, oral or written, between the parties in this Agreement. Survivability of the Agreement: In the event one or more of the provisions of this Agreement is deemed to be invalid, illegal, or unenforceable in any respect under applicable law, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be impaired thereby.
Copyright by Engineers Edge - Last updated January 6, 2003 |
