Version 1.0
THESE TERMS OF SERVICE (“Agreement“) CONSTITUTES A BINDING CONTRACT BETWEEN THE APPLICABLE RENTALSETUP ENTITY ( "RentalSetup", "rental setup") AND THE CUSTOMER ENTITY (“Customer“) THAT ENTER(ED) INTO THE SALES ORDER (DEFINED BELOW).
A “Sales Order” means as the case may be: (a) the offline sales order form (in)to which this Agreement is attached or incorporated, and which is executed by both parties (“Offline Form“); or (b) the RENTALSETUP online sales web form, which is submitted by Customer (“Online Form“). References herein to the “Agreement” shall be deemed to include the Sales Order.
BY ENTERING INTO THE SALES ORDER, OR BY OTHERWISE ACCESSING OR USING THE SERVICE (DEFINED BELOW), CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THE FOLLOWING (THE DATE OF SUCH OCCURRENCE BEING THE “Effective Date“):
the individual who submitted the Online Form represents that he/she has the authority to act on behalf of the Customer, and to bind the Customer to this Agreement; and
RentalSetup reserves the right to make changes to these terms and conditions at any time by posting the changed version at https://rentalsetup.com/terms-service/. (RentalSetup may – but is not obligated to – also provide notice through a pop-up or banner within the Software, by sending an email to any address Customer may have used to register for the Software, or through other similar mechanisms.) Such changes will be effective ten (10) days after such posting, and Customer’s continued use of the Service thereafter shall constitute Customer’s acceptance of such changes. In such cases, RentalSetup will also update the “Last Updated” date and “Version” number set forth above. Please check the above webpage regularly for any changes to this these terms and conditions.
LIMITATION OF LIABILITY
IN NO EVENT SHALL RentalSetup, ANY RentalSetup AFFILIATE, OR ANY OF THEIR RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT FOR:
(A) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
(B) ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS;
(C) ANY LOSS OF, THEFT OF, OR DAMAGE TO, CUSTOMER CONTENT, DATA, NETWORKS, HARDWARE, REPUTATION, OR GOODWILL; AND/OR
(D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
THE COMBINED AGGREGATE LIABILITY OF RENTALSETUP AND ALL RENTALSETUP AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER (IF ANY) TO RENTALSETUP OR A RENTALSETUP AFFILIATE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF RENTALSETUP OR A RENTALSETUP AFFILIATE HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (C) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION BREACH OF WARRANTY, NEGLIGENCE, MISREPRESENTATION, STATUTORY BREACH, STRICT LIABILITY, CONTRACT OR TORT.
NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY CUSTOMER AFTER THE EARLIER OF: (A) 12 MONTHS AFTER THE DATE ON WHICH CUSTOMER BECOMES AWARE THAT A CAUSE OF ACTION HAS ARISEN, OR (B) THE PERIOD SET FORTH UNDER THE APPLICABLE LAW.
TERM AND TERMINATION
Term. This Agreement commences on the Effective Date and, unless terminated in accordance herewith, shall continue in full force and effect for the Subscription term stated in the applicable Sales Order (the “Initial Term“), following which this Agreement shall automatically renew for successive periods of equal length (each, a “Renewal Term“, and together with the Initial Term, the “Term“).
Termination by RentalSetup for Convenience. RentalSetup reserves the right to terminate this Agreement for convenience, at any time, and without notice or obligation to Customer, and Customer agrees that RentalSetup shall have no liability to Customer for any such termination; provided, however, that if terminated, then RentalSetup shall refund to Customer a pro-rated amount of any pre-paid and unused Fees based on the remainder of the Term.
Termination by Customer. Customer may terminate this Agreement for convenience or for any other reason, at any time, by sending a termination notice to jack@rentalsetup, in which case termination will take effect at the end of the then-current Billing Cycle, and Customer will not be charged for the subsequent Billing Cycle. Customer can also terminate the subscription/Agreement inside the Rentalsetup app. For the avoidance of doubt, any pre-paid Fees will not be refunded. If Customer objects to any provision of this Agreement, or becomes dissatisfied with the Service in any way, Customer agrees that its sole remedy, and sole liability, is for Customer to terminate this Agreement as aforementioned.
Relationship. The relationship of the parties is solely that of independent contractors. Nothing in this Agreement shall be deemed to create any employment, fiduciary, joint venture, agency or other relationship between the parties.
Restrictions. As a condition to the Subscription, Customer shall not do (or permit or encourage to be done) any of the following (in whole or in part): (a) copy, “frame” or “mirror” the Service; (b) sell, assign, transfer, lease, rent, sublicense, or otherwise distribute or make available the Service to any third party (such as offering it as part of a time-sharing, outsourcing or service bureau environment); (c) publicly perform, display or communicate the Service; (d) modify, alter, adapt, arrange, or translate the Service; (e) decompile, disassemble, decrypt, reverse engineer, extract, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms) of, the Service; (f) remove, alter, or conceal any copyright, trademark, or other proprietary rights notices displayed on or in the Service; (g) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Service; (h) make a derivative work of the Service, or use it to develop any service or product that is the same as (or substantially similar to) it; (i) store or transmit any robot, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Service; (j) employ any hardware, software, device, or technique to pool connections or reduce the number of devices or users that directly access or use the Service (sometimes referred to as ‘virtualisation’, ‘multiplexing’ or ‘pooling’) in order to circumvent any limitations or conditions on the scope of the Subscription; (k) forge or manipulate identifiers in order to disguise the origin of any data or content inputted or uploaded to, or transmitted through, the Service by Customer; or (l) take any action that imposes or may impose (as determined in reasonable discretion) an unreasonable or disproportionately large load on the servers, network, bandwidth, or other cloud infrastructure which operate or support the Service, or otherwise systematically abuse or disrupt the integrity of such servers, network, bandwidth, or infrastructure. References in this paragraph to the “Service” shall also be deemed to include RentalSetup Content.
DISCLAIMERS
THE SERVICE, ANY RENTALSETUP CONTENT, AND ANY THIRD PARTY CONTENT AND THIRD PARTY APPS ARE PROVIDED AND MADE AVAILABLE TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, QUALITY OF SERVICE, NON-INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY RENTALSETUP AND ITS LICENSORS AND SUPPLIERS.
CUSTOMER AGREES THAT RENTALSETUP WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF RENTALSETUP’S OR SERVICE-RELATED SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
IN ADDITION, NEITHER RENTALSETUP NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION:
(A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE SERVICE, RENTALSETUP CONTENT, THIRD PARTY APPS, OR THIRD PARTY CONTENT;
(B) THAT CUSTOMER’S USE OF, OR RELIANCE UPON, THE SERVICE, RENTALSETUP CONTENT, THIRD PARTY APPS, OR THIRD PARTY CONTENT WILL MEET ANY REQUIRMENTS OR EXPECTATIONS;
(C) THAT THE SERVICE, RENTALSETUP CONTENT, THIRD PARTY APPS, OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED; OR
(D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS OR STANDARDS.
RentalSetup is not responsible for any financial damages that may occur if there are problems with the way the website works
RentalSetup may increase the price of the subscription plan but will notify before the price goes into effect. RentalSetup will notify the Customer of any future price increases through the email or other contact information provided when the customer signed up.
RentalSetup can stop the customer from using the website/application/software and is not responsible if the customer cannot access the data. RentalSetup is not responsible for lost data, like product information, job information, customer information. including images and price and information.
