Terms and Conditions
The Parties agree as follows:
Definitions: For the purposes of this Agreement -
1. "Client" means the party that applies for the service.
2. "Qualitone" means, Qualitone Software Solutions CC, the
closed corporation providing services to the Client.
2.Qualitone reserves the right in its sole discretion to
deny access to any User.
3. Customer Remedies: Qualitone's and its suppliers' entire
liability and the Client's remedy shall be repair or
replacement of the Software Product that does not meet
Qualitone's Limited Warranty and which is returned to
Qualitone with a copy of your receipt. This Limited Warranty
is void if failure of the Software Product has resulted from
accident, abuse, or misapplication. Any replacement Software
Product will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer.
Outside the RSA, neither these remedies nor any product
support services offered by Qualitone are available without
proof of purchase from an authorized international source.
4. Limited Warranty: To the maximum extent permitted by
applicable law, Qualitone and its suppliers disclaim all
other warranties and conditions, either express or implied,
including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title,
and non-infringement, with regard to the Software Product,
and the provision of or failure to provide Support Services.
5. Limitation of Liability: To the maximum extent permitted
by applicable law, in no event shall Qualitone or its
suppliers be liable for any special, incidental, indirect,
or consequential damages whatsoever (including, without
limitation, damages for loss of business profits, business
interruption, loss of business information, or any other
pecuniary loss) arising out of the use of or inability to
use the Software Product or the provision of or failure to
provide Support Services, even if Qualitone has been advised
of the possibility of such damages. In any case, Qualitone's
entire liability under any provision of this EULA shall be
limited to the greater of the amount actually paid by the
Client for the Software Product or U.S.$5.00; provided,
however, if the Client have entered into a Qualitone Support
Services Agreement, Qualitone's entire liability regarding
Support Services shall be governed by the terms of that
agreement.
6. Storage of Information: All information entered into the
software program may be captured on a remote server for the
purpose of sending confirmation messages back to the client
as well as follow-up messages. It is the client's
responsibility to make backups of data on regular intervals.
7. This agreement may be terminated by either party by
giving not less than 30 days written notice. All outstanding
amounts in terms of on-site support, hardware and software
provided will be paid in full by the client on termination
of the contract. The installation/registration fee and
unused message credits are NOT refundable.
8. All rights of the service and software reserved by
Qualitone CC.