ato.solutions Support Plan is between:
ato Solutions & Consultancy Ltd [10243393], with its registered address at 7 Bell Yard, London, WC2A 2JR (“we”) or (“us”) or (“ato.solutions”); and
(“you”) or (the “Client”)
IT IS HEREBY AGREED:
Services Provided:
The Client hereby agrees to engage the ato.solutions to provide the Client with the following services:
Create and maintain marketing and strategy automations and integrations.
The services will also include any other tasks which the Parties may agree on. The ato.solutions hereby agrees to provide such Services to the Client.
The price of the Maintenance Service is £100 per month, payable monthly in advance, by card payment on the starting date of your subscription. The minimum commitment to the Programmes is six calendar months. Thereafter, the service will run on a rolling monthly basis unless terminated by you.
Terms of Agreement:
3. The term of this Agreement (the "Term") will begin on the date of this your subscription to our maintenance service and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
4. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 10 days' written notice to the other Party.
5. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately.
6. This Agreement may be terminated at any time by mutual agreement of the Parties.
7. Except as otherwise provided in this Agreement, the obligations of
ato.solutions will end upon the termination of this Agreement.
Performance
8. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Currency
9. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
Payment
10. The ato.solutions will charge the Client for the Services at the rate of £100.00 per month (the "Payment").
11. The Client will be invoiced every month.
12. Invoices submitted by the ato.solutions to the Client are due within 7 days of receipt.
Confidentiality
13 Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business
processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
14. ato.solutions agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the ato.solutions has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
15. All written and oral information and material disclosed or provided by the Client to ato.solutions under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to
the ato.solutions.
Ownership of Intellectual Property
16. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the
"Intellectual Property") that is developed or produced under this Agreement will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
17. ato.solutions may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. ato.solutions will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
Return of Intellectual Property
18. Upon the expiry or termination of this Agreement, the ato.solutions will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
Capacity/Independent ato.solutions
19. In providing the Services under this Agreement it is expressly agreed that ato.solutions is acting as an independent service provider and not as an employee. ato.solutions and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Right of Substitution
20. Except as otherwise provided in this Agreement, the ato.solutions may, at the ato.solutions's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of ato.solutions under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
21. In the event that the ato.solutions hires a subcontractor:
ato.solutions will pay the sub-contractor for its services and the Compensation will remain payable by the Client to ato.solutions.
for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the ato.solutions.
Autonomy
22. Except as otherwise provided in this Agreement, ato.solutions will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. ato.solutions will work autonomously and not
at the direction of the Client. However, the ato.solutions will be responsive to the reasonable needs and concerns of the Client.
Equipment
23. Except as otherwise provided in this Agreement, ato.solutions will provide at ato.solutions's own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in
accordance with the Agreement.
No Exclusivity
24. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
Notice
25. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in email and delivered to ato.solutions at the following address:
ato.solutions (hello@ato.solutions)
or to such other address as either Party may from time to time notify the other.
Indemnification
26. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Renewal, Cancellation, Refund and Membership
27. We will charge or debit your payment method at the beginning of your subscription and then recurring payments on a monthly specified basis. When we charge for your subscription, we will use the payment method currently associated with your account.
If we are unable to collect payment prior to your renewal date, and you wish to retain your Membership, you will be subject to current payment plan offerings. In certain cases, such as an expired card, our payment processor will contact the card issuing bank for updated information to allow the purchase to go through.
Until you cancel, billing will continue according to the cycle stated at the time of your purchase.
Cancellation and refunds
28. If you have purchased an automatically renewing subscription and would like to stop the subscription from automatically renewing, you can do this via your payer portal after the initial contracted period is over. Cancellation will not be allowed within the first six months of your service agreement.