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 email@example.com or by telephone to (630) 301-7444. Termination of this agreement must be set to firstname.lastname@example.org, see Termination by Partner section for full details.
Term and Termination
This Agreement is month to month and will continue until cancellation is received. The Agreement will continue unless email notice is set to email@example.com with at least thirty (30) days’ notice. See “Termination by Partner” section for how to cancel this agreement.
Termination by Partner:
A Partner may terminate this Agreement any time by providing TIE with at least 30 day written notice to firstname.lastname@example.org with the following information: Subject line – Site Name and Number; Email Body – a brief description of the Partner’s intent to terminate with an effective date of termination. The Partner is responsible for paying any charges or fees incurred during the 30-day notice of cancellation.
Termination by TIE:
Tie National, LLC (TIE) has the ability to terminate this agreement at any time and for any reason via written notice to the Partner. Cancellations by TIE due to Partner non-payment will be subject for the payment of the months leading to TIE’s written termination notice as well as any fees incurred.
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 – There is no termination fee but the Partner will be responsible for paying all monthly charges due up to the day of termination. Upon termination, any fees incurred will also be charged to the Partner’s credit card on file.
Price Changes – Any price changes to the monthly charge or rental charge TIE will notify the Partner 30 days before the changes take effect. 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.
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.
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.