Terms & Conditions
Thank you for choosing 360e. By registering, you hereafter referred to as “THE CUSTOMER” agree to the following Terms & Conditions:
Pricing is as displayed on your THE CUSTOMER’s registration form. 360 Enterprises, LLC reserves the right to increase pricing accordingly as you, THE CUSTOMER’s use of the system exceeds the itemized pricing presented
This applies primarily to registrants that are registering fewer than 4 users with their purchase and utilizing the discounted monthly promotion of $150/month. 360 Enterprise, LLC reserves the right to increase monthly fees to $250/month (for unlimited users) once the number of registered users for THE CUSTOMER exceeds 4. In this case, 360 Enterprises, LLC will notify the primary registrant, THE CUSTOMER of the increase and the applicable charges will post on the next consecutive calendar month after the number of users exceeds 4.
360 Enterprises LLC reserves the right in its discretion to increase the fees paid for monthly hosting and support of 360e at a rate of up to, but never more than 4% per year. Where this occurs, 360 Enterprises LLC will notify THE CUSTOMER in writing 30 days prior to the date of increase. Increases will be apportioned from starting date of increase and divided evenly over the continuing 12 month period thereafter.
TERMS OF OWNERSHIP
You “THE CUSTOMER” will act as “owner” of the 360E application to the extent of:
- Ownership of all data, records, documents, files, photos and other digital assets contained within 360E.
- 24/7 access to all features and functionality contained within 360E for for authorized users of East Coast Lighting and Energy
- Exclusive use of the application and control over ALL User Accounts.
- An unlimited number of User Accounts within 360E.
360 Enterprises, LLC. will remain the sole owner of “360E” as an object of intellectual property. You THE CUSTOMER are prohibited from:
- Manipulating or changing the application’s hosting environment without written consent of 360 Enterprises, LLC.
- Copying, duplicating or creating sort of replication of 360E.
- Re-selling, sub-contracting, leasing or selling the application or any of it’s intellectual property to any third party. This applies to actions carried out before, during and/or after the terms of this contract.
TERMINATION OF AGREEMENT
This Agreement may be terminated by THE CUSTOMER with 30-day written notice. Following the receipt of notice and full resolution of any outstanding balances, THE CUSTOMER will have 30 days to access their system and make arrangements for any file exports and/or data transfers required. 360 Enterprises, LLC will provide assistance as needed.
INDEMNIFICATION AND LIABILITY
Customer shall defend, indemnify, and hold harmless 360 Enterprises, LLC from all liability and claims whatsoever for any injury to persons or property or for any loss, expense, or damage incurred by any of Customer’s personnel, customers, or invitees or by any other person or party (except agents or employees of 360 Enterprises, LLC) arising as a result of or in connection with Customer’s use of the Deliverables and Customer Site, 360 Enterprises, LLC performance of its obligations or exercise of its rights under this Agreement, or which is based upon a claim that any of the content provided by Customer infringes or violates any patents, copyrights, trademarks, trade secrets, licenses or other property rights of any third party.
Limitations of Liability
CUSTOMER HEREBY AGREES THAT 360 ENTERPRISES, LLC’S LIABILITY TO CUSTOMER FOR ANY AND ALL CLAIMS, LOSSES, EXPENSES, OR DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR RELATED TO THIS MASTER AGREEMENT AND/OR SOW SHALL NOT EXCEED (I) THE TOTAL SUM PAID TO 360 ENTERPRISES, LLC OR (II) $35,000, WHICHEVER IS GREATER. DEVELOPER WILL NOT BE LIABLE FOR ANY LOSS OF PROFIT, INTERRUPTION OF BUSINESS OR ANY OTHER SPECIAL OR CONSEQUENTIAL OR INCIDENTAL DAMAGES SUFFERED OR SUSTAINED BY CUSTOMER, WHETHER ARISING UNDER CONTRACT, TORT OR ANY OTHER THEORY. ANY ACTION MUST BE COMMENCED WITHIN ONE YEAR FROM THE DATE OF CUSTOMER ACCEPTANCE.
LIKEWISE, 360 ENTERPRISES, LLC. WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR THE COMPROMISES OR LOSS OF DATA RESULTING IN SECURITY BREACH CAUSED BY THE CLIENT, HOSTING COMPANY OR OTHER THIRD PARTY ORGANIZATION.