Terms of Service
Affinity Informatics ("The Company") agrees to provide services to the Subscriber, subject to the following Terms of Service (TOS).
Use of Affinity Informatics constitutes acceptance and agreement to Affinity Informatics Acceptable Usage Policy (AUP) as well as Affinity Informatics Terms of Service (TOS). All provisions of this contract are subject to the outlined Terms of Service and Acceptable Usage Policy. The AUP may be changed from time-to-time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Colorado, applicable to contracts enforceable in that state. Venue will be Douglas County, Colorado.
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may change the specified rates and fees from time-to-time. Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the 3rd of every month for that month's service.
Payments and Fees:
Service may be interrupted on accounts that reach 14 days past due. Accounts that are not collectible by Affinity Informatics may be turned over to an outside collection agency for collection and/or data stored within Affinity Informatics may not be released to Subscriber. If you wish to cancel your account, please follow the proper procedure as outlined in this TOS.
Failure to Pay:
The Company may temporarily deny or terminate service upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Data stored within Affinity Informatics will not be released to Subscriber if their account is delinquent.
Cancellation of Account(s):
Requests for cancellation of accounts may be made in writing to firstname.lastname@example.org. If the Subscriber does not have outstanding payments due then Affinity Informatics may provide data saved by the Subscriber within their Affinity Informatics instance to the Subscriber. Exported data may include customers, products, orders and transactions. Under no circumstances will Affinity Informatics be obligated to provide information that is proprietary in nature including (but not limited to) database schemas and source code.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Subscriber further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Affinity Informatics is not responsible for any damages your business may suffer. The warranties that we provide are not to exceed the Subscriber's monthly subscription cost. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Affinity Informatics.
SPAM and Unsolicited Email:
Affinity Informatics does not permit SPAM to be transmitted over our network. While we do offer bulk email communication tools any abuse of these systems will not be tolerated. Disregarding these policies may result in immediate termination or restriction of service without refund. If the violation appears to be criminal in nature Affinity Informatics may notify law enforcement.
Denial of Service:
We reserve the right to refuse service to anyone at any time for any reason.