Terms & Conditions
By enrolling in Realm Priority Support, you agree to the following terms and conditions:
1. Payments & Invoices
Unless otherwise agreed in writing by Realm, all payments due hereunder shall be paid by credit card, held on file by Realm. Realm shall charge the credit card, twenty (20) days after the date of the invoice, unless Client has timely dispute an item on the invoice. In that case, Realm shall charge the undisputed portion of the invoice. Client shall not be entitled to a refund of any payment made under this Agreement in any situation. Client agrees the payment is earned and non-refundable as of the date it is submitted. Realm invoices shall set forth all amounts due from Client to Realm, and shall contain sufficient detail to allow Client to determine the accuracy of the amount(s) billed.
2. Term and Termination
The term of this Agreement shall be for a period of 12 months from the date of enrollment and automatically renew on an annual basis thereafter unless either Party provides written notice of the intent to terminate the Agreement. Either Party may terminate the Agreement at any time upon thirty (30) days written notice. Client shall pay Realm all compensation for Services performed prior to the effective date of termination.
3. Limitation of Liability
Realm shall not be liable or responsible for failure to perform Services hereunder to the extent caused by or resulting from any third party’s software, hardware, devices, or related items, including third party service provider causes. IN NO EVENT SHALL REALM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING EQUIPMENT SOLD BY REALM TO CLIENT, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF OR DAMAGE TO DATA, LOSS OF PROFITS, OR OTHER ECONOMIC LOSS, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF SUCH CLAIM. For avoidance of doubt, the limitations set forth herein do not apply to any liability arising from either party’s gross negligence or willful misconduct.
Realm shall use due care in the storage of all information provided by Client to Realm. All such information shall be stored by Realm in Google Drive. Realm shall have no liability to Client in the event of a data or security breach in Google Drive and for any other claims by Client related to the storage of information so long as Realm complies with Google Drive’s terms of service.
4. Ownership of Data and Relationships
Realm Owned
All ideas, know-how, processes, information, documents, designs, inventions, copyrightable material and other tangible and intangible materials authored, invented, prepared, created, made, developed, delivered, conceived or reduced to practice, in whole or in part, by Realm in the course of providing the Services, including all improvements, modifications, derivative works thereof and thereto (collectively, the “Realm Data”), are and will be the sole and exclusive property of Realm.
Client Owned
All of Client’s data, documents, and materials (collectively, the “Client Data”), are and will be the sole and exclusive property of Client. Except as expressly provided herein, no ownership rights are granted by Client to Realm under this Agreement, whether expressly or by implication, and Client reserves all rights with respect to such Client Data.
Client Data
Client shall provide to Realm the information needed by Realm to perform the Services, including but not limited to contact information and passwords (“Client Data”). Realm treats Clients’ information as confidential. Therefore, this information will not be divulged to any third party, other than manufacturers or suppliers, as needed, unless required to do so by law. Clients are requested to retain copies of any manuals and written materials provided relating services and equipment purchased. Client will indemnify and hold harmless Realm and its affiliates, officers, directors, employees and agents from and against any and all liabilities, losses, damages, costs, and expenses (including attorneys’ fees) arising out of or relating to Realm’s use and storage of Client Data. Realm may utilize Client Data solely to the extent necessary to perform the Services under the Agreement. Upon this Agreement’s expiration or termination, Realm will promptly stop utilizing all Client Data. Upon Client’s written request, Realm will destroy all Client Data, but is not obligated to store Client Data beyond termination of this Agreement.
5. Arbitration
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the (single) arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in Fairfield County, Connecticut. The prevailing party in any such arbitration shall be entitled to have its costs and expenses, including reasonable legal fees paid by the other party. In the event of a settlement, each party shall bear its own costs and expenses.
6. Contact
For questions, contact us at [email protected].
By continuing with your enrollment, you agree to these terms.