These Terms form a legal agreement between your company and DNA SAAS LABS, LLC (t/a Rate My Service), a private company whose registered address is at 651 North Broad Street, 201 Middletown, DE 19709, United States for the service selected as part of the Registration.
For the purposes of these Terms you, as the individual completing Registration, are the ‘Super Admin User’ and the company you represent is the ‘Client’. Reference to the “parties” is a reference to Rate My Service and the Client.
BY ACCEPTING THESE TERMS, COMPLETING THE REGISTRATION PROCESS AND USING THE SERVICE, YOU AGREE ON BEHALF OF YOURSELF AND YOUR COMPANY TO THE TERMS BELOW. IF YOU DO NOT AGREE WITH THESE TERMS, OR DO NOT HAVE THE AUTHORITY TO BIND YOUR COMPANY, PLEASE CONTACT OUR TEAM ON support@ratemyservice.io].
IN AGREEING TO THESE TERMS YOU ARE BINDING THE CLIENT TO THE CONTRACT AND YOU WARRANT AND REPRESENT THAT YOU ARE AN AUTHORISED REPRESENTATIVE OF THE COMPANY STATED IN THE REGISTRATION AND THAT YOU HAVE POWER AND AUTHORITY TO BIND THEM TO THESE TERMS. YOU FURTHER WARRANT AND REPRESENT THAT ALL INFORMATION PROVIDED AS PART OF THE REGISTRATION IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE.
We license use of the Rate My Service Software to your company on the basis of these Terms and the information provided during Registration. We do not sell the Software or to you or your company. We remain the owners of the Software, the Service and the Dashboard and all Intellectual Property Rights therein at all times.
You should print a copy of these Terms for future reference.
Where Rate My Service has a reasonable suspicion that the Client is in breach of the Contract, the Client shall permit Rate My Service and its nominated advisers to inspect and have access to any premises and hardware at or on which the Service is being accessed or used, and have access to any records kept in connection with this Contract, for the purposes of ensuring that the Client is in compliance with the terms of this Contract. Rate My Service (or its nominated advisers) shall provide prior notice to the extent reasonably possible and shall conduct any audit during Business Hours. The Client warrants that it shall provide all reasonable co-operation, access and assistance in relation to each audit. If an audit identifies that the Client has underpaid any Fees, the Client shall pay Rate My Service the amount of the under-payment together with its reasonable audit costs within fourteen (14) days from the date of an invoice for the same. Rate My Service shall use its reasonable efforts to provide reasonable notice to the Client of any audit.
During the Term, the Client hereby grants to Rate My Service a non-exclusive and royalty-free licence to use and display its trademarks on its public facing website and in its marketing material. Any goodwill derived from the use by Rate My Service of the Client’s trademarks shall accrue to the Client. No other rights or licences are conferred on Rate My Service pursuant to this Contract except those expressly set out herein.
No failure or delay by a party to exercise any right or remedy provided under a Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Except as expressly provided in the Contract, the rights and remedies provided under the Contract are in addition to, and not exclusive of, any rights or remedies provided by law.
Only Rate My Service shall be entitled to vary, amend and update these Terms and may do so by providing no less than 30 days written notice (or notice by means of the Dashboard) to the Client and/or Super Admin User.
This Contract may be executed in any number of counterparts, each of which when executed and delivered (including electronically) shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations.
For the term of the Contract, the Client agrees to comply, and shall procure that the Admin Users complies with the Third Party Additional Terms (which shall be expressly deemed to include any terms incorporated by reference) as notified to the Client from time to time, as the same may be amended and updated from time to time:
Rate My Service may treat the Client's breach of any Third Party Additional Terms as a breach of this licence and the Client shall indemnify and hold Rate My Service harmless against any loss or damage which it may suffer or incur as a result of the Client's breach of any Third Party Additional Terms howsoever arising.
The Client acknowledges that Rate My Service is subject to the Third Party Additional Terms (as amended and updated from time to time) and that any changes to such Third Party Additional Terms are beyond Rate My Service’s reasonable control. The Client therefore acknowledges and agrees that any changes to the Third Party Additional Terms by the relevant third party may result in corresponding amendments to this Contract which Rate My Service will use its reasonable attempts to mitigate.
Neither Rate My Service nor its third party data suppliers shall have any responsibility in respect of, or liability for, Third Party Data and the Client acknowledges that neither Rate My Service nor its third party data suppliers give any warranty, express or implied, regarding its correctness, accuracy, completeness, fitness for any purpose, or otherwise.
In relation to any additional Third Party Data or third party data services provided to the Client in connection with the Services, the Client acknowledges and agrees that they: