Initial Subscription Agreement
By continuing the initial user setup process, I hereby agree to the following:
1. I have the authority to make purchases and bind this legal contract on behalf of my organization.
2. I understand that I will be charged for the Subscription Plan per pay period plus all applicable taxes in addition to any print plans charges created hereafter and automatically billed to my stored payment method each pay period.
3. I understand that taxes are calculated each month based on the jurisdiction or jurisdictions that apply to my billing address on file. I understand that changing my billing address may change the tax authorities collected for and likewise may change my tax rate.
4. I understand that failure to pay for my subscription within 5 days will result in suspension of my account followed by cancellation if not paid within 15 days. Upon cancellation of my subscription, I understand that all sub accounts created will be permanently reassigned to my parent account and my data will be permanently deleted in 90 days.
5. I understand that I can terminate this subscription at any time. However, I understand that cancelling this subscription will automatically trigger the cancellation of all associated print plans. I understand that cancelling some print plans prior to 36 months will result in cancellation fees for each, pro-rated by the number of months kept under a print plan. I understand that my data will be permanently deleted 90 days after termination.
6. I understand this software is licensed on an “as is” or “as available” basis without warranty. I understand that BadgePass, Inc. does not warrant that operation of this software and all associated hardware will be uninterrupted or error free and BadgePass, Inc. does not represent or warrant that the service is secure from hacking or other unauthorized intrusion or that my organization’s data will remain private or secure.
7. I agree that BadgePass has no liability for any loss, damage or misappropriation of any files or data of my organization under any circumstances.
8. I agree to not store or enter any excluded data such as: (i) social security numbers or their equivalent, driver license numbers, biometric data, health card numbers and other health-related information; (ii) other personal data that would be considered sensitive in nature and (iii) data regulated under the Health Insurance Portability and Accountability Act or the Gramm-Leach-Bailey Act, or the Payment Card Industry Data Security Standards or similar laws or regulations in place now or in the future.
9. I agree that in no event shall damages to me and or my organization by BadgePass for any cause whatsoever arising out of this agreement, regardless of the form or action, exceed the sum of all payments made to BadgePass by my organization during the prior 12 months leading up to the time the cause arose.
10. I understand this software is not intended to be evaluated to gain industry knowledge or better a competitive software or hardware solution. I agree that any software, hardware or combination thereof created by me or my organization, whether directly or indirectly that originates from the evaluation or use of this software automatically becomes property of BadgePass, Inc.
11. I understand that first line support for this product will be provided by the reseller that sold the system to me and that BadgePass will provide level 2 support to the reseller. I understand that support will not be available once this subscription is terminated.
12. I agree that the terms of this subscription and any additional print plans will be governed by the laws of the State of Mississippi.