The following Terms and Conditions govern the absolute use of the Simon and Smith website, content, products, and services available at or through the website (herein referred to as “the Site”). It also includes the admin and Customer Support Services provided to you and your customers (herein referred to as “the Service”).
The Site is owned and operated by Simon and Smith technologies ® (“S&S”). These terms will be applied absolutely and affect to the user (hereinafter referred to as “Consumer” or “You.”) By using this Site or the Service provided thereon, you agree to all the Terms and Conditions and all other rules, policies, and procedures stated.
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the Terms and Conditions. If you do not agree to the same, you may not access the Site or use any Services.
S&S reserves all the rights to include and modify the Agreement at all times; therefore, please check this section frequently. The Site is available only to individuals who are at least 13 years old.
The Consumer must provide accurate and updated information to use as required for the upkeep of your Service experience. You herein comprehend and accept the technicalities necessary to access and utilize the Services and have no objections thereof.
The Consumer exclusively holds and retains all rights, title, and interest to the data, subject to use, process, and transfer. The Service is solely taken for legitimate business use, provided that the activities are legally recognized and do not oppose our Agreement or any rights of the company.
Our T&C constitutes the entire Agreement between S&S and the Consumer with the use of our Services and the Site and supersedes all terms and understandings mentioned above and hereinafter.
- The Consumer is liable for all data processing pertaining to the Services. Any data processing by the company or its associates is done by order of the Consumer and is limited by the use of the Service.
- We are committed to the protection, confidentiality, and integrity of any data you share with the company and will not disclose it, excluding as required by the law.
- S&S does not sell, lease, or hand out your information to any third party except those already mentioned in the Agreement under the law.
- We store your data when you connect with the company. The Consumer owns the data, and no other entity other than the same is responsible for it in any manner.
- The company protects the data via data encryption and does not use the same other than to maintain and improve the user experience and as otherwise sought by the law.
- The Consumer holds the responsibility to protect own self and S&S from all malicious components.
- The company will not be liable for any harm or damages arising from the use of the Site or the Service at the Consumer’s end.
Intellectual Property Rights
- Other than your purchased Services, S&S and/or its potential affiliates and licensors own all the intellectual property rights and material available pertaining to the Services and the Site.
- The Consumer expressly authorizes S&S to take any necessary or useful actions in connection with the provision of the Services. If and insofar as the Services involve or require the execution of legal acts, the Consumer shall execute such acts or authorize the company to do so by all means available.
- By purchasing S&S services, the Consumer agrees to make the payment in accordance with the then-applicable charges mentioned on the Site. Any modification in the scope of the Services set out in the Agreement will also result in a revision of the fees, if applicable.
- The Consumer is solely liable for providing the company with complete and accurate details pertaining to billing and contact. You must notify S&S immediately of any changes to the reference elements that would affect the fees.
- The Consumer will be billed starting from the purchased date of the Services. S&S reserves all the rights to make changes to the Payment section at all times with a seven-day notice in advance. You can discontinue the Service at any time by submitting a written request.
- The company holds the right to suspend your Services in case the Consumer does not pay all or part of the then-applicable charges. You shall receive a prior reminder, and after the notice, S&S reserves the right to suspend the Services until the payment is made, including other charges.
- The Consumer is responsible for notifying the company in case of cancellation of the Services. Any premature termination cost and other charges, including licensing fees, shall be covered by the Consumer performed up to the end of the subscription.
- S&S is not liable for any refund in the light of any violation of this Agreement caused by the Consumer under applicable law.
Copyrights and Trademarks:
The Consumer hereby consents and recognizes that all the material on the Site, not limited, is the property of S&S and protected under the law, national and international. We strictly prohibit the reproduction, modification, distribution, transmission, uploading, and downloading of the same without authorization. Those who are found involved in any of the said activities will be held responsible for copyright infringement. The Agreement shall solely remain between both parties only or our licensors.
The Consumer must be in compliance with the Agreement at all times.
The Consumer is not allowed to share unauthorized access to our Services. In case of any unauthorized admission, immediately inform the company.
- You must adhere to the applicable laws and government regulations for proper use of the Service.
- No Consumer is allowed to make the Service available to any other party than yourself.
- All parties must avoid storing or transmitting infringing, vilifying, or otherwise unlawful material. You must not violate copyright, trademark, privacy, or other proprietary rights.
- The Consumer must not interfere with or disrupt the integrity or performance of the Services or third-party data contained therein.
- You must not directly or indirectly solicit for employment or contract for service any employee or representative of the S&S for six months after the discontinuation of the Agreement. It does not preclude you from advertising or recruiting generally.
Purchased Services might be subject to restrictions, such as limiting the volume of support calls or messages attended to in any given timeframe. Any such prerequisites are stated in the Consumer’s account or shared via email.
- The Consumer must not violate the local, state, and federal laws.
- You shall not use the Service for any offensive, profane, pornographic, slanderous, derogatory, terrorism, or any other infringement.
- No Consumer shall use the purchased Service to mislead any party. The same must not be used to harm others’ right to intellectual property.
- It is not permissible to sublicense, sell, rent and/or commercialize the Service or material of the Site.
Consumer Termination Term
We hold the right to suspend unpaid Consumers or those who have been inactive for a continuous period of 180 days as a minimum. Please be mindful that all the data associated with the said account will also be deleted upon the cancellation of the same. However, the Consumer will receive a notice in advance pertaining to the suspension of the same.
- S&S reserves all the rights to terminate your access to particular parts or complete Site with our without notice, effective immediately.
- Either party, us or Consumer, must inform 30 days in advance with the intention of cancellation; if the Consumer is on perpetual invoicing, not constrained to any then-current contracts.
- The Consumer must request the company regarding the above mentioned via written form, preferably email.
- S&S and the Consumer must mutually agree to conclude the Agreement without any additional liability.
- Our Agreement comprises all the terms and prerequisites signed between S&S and the Consumer pertaining to the subject matter hereof. It may be subject to changes with a written submission authorized by our executives. The Agreement applicable to the Consumer will abide by all the T&Cs of the same. If any contradiction is found in the same, the Consumer shall ensure the provision of the Order form that takes prerogative over those set out in the Agreement.
- Except to the extent pertinent rules and regulations, if any, provide otherwise, the Agreement, any access to or use of the Site will be directed by the laws of Marry land, US., exclusive its conflict of law provisions. The appropriate place for any disputes arising from or relating to any of the same will be conducted in the state and federal courts in Germantown Md, US.
- Except for claims for injunctive, equitable relief, or claims concerning intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute surfacing under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed under such rules.
- A disclaimer by either party of any term or condition of this Agreement or any breach thereof, in any instance, will not waive Terms or Conditions or any subsequent breach thereof.
- You may designate your rights under this Agreement to any party that consents to, and agrees to be bound by, its ToS; S&S may assign its rights under this Agreement without condition. The same will be binding upon and will insure the benefit of the parties, their beneficiaries, and permitted assigns.