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SERVICE
AGREEMENT
Business
Information
Client
Name:_______________________________________
Business
Name:_______________________________
Business
Address:_______________________________________________________________________________
Business
Phone:_____________________________________
Business
Fax:________________________________
Email
Address:______________________________________
Website
Address:_____________________________
Payment
Information
Visa
/
MasterCard
/
Amex:
_______________________________________
Exp.
Date
(mo/yr):
____/____
Name
on
card:__________________________________________
3
or
4
digit
Ver.
#:__________________
Card
Billing
Address:_______________________________________________________________________
I
authorize
DriverPhysicals.com
(Driver
Physicals
LLC)
to
charge
my
credit
card
for
the
totals
listed
below.
DRIVER PHYSICALS LLC SERVICE AGREEMENT INTRODUCTION. In this service agreement (Agreement), you and your refer to each
client (Client) and DP, we, our and us refer to Driver Physicals LLC. Application Form refers to the Application Form completed by the client At the time of joining DP service(s) as well as any subsequent Application Forms signed by the Client after signing the original Application Form. This Agreement explains our obligations to you, and your obligations to us in relation to your use of our service(s). By selecting DP service(s) you have agreed to establish an account with us for such service(s). When you use your account or permit someone else to use our account to purchase or otherwise acquire access to additional DP service(s) or to modify or cancel your DP service(S) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application for our service(s) and the performance of our service(s) will occur at our office in Altamonte Spring, Florida, USA, the location of our principal place of business.
pursue legal action against Client for unauthorized use/copyright infringement. Client will be responsible for any and all legal fees incurred by DP in order to obtain monetary settlement for copyright infringement and any potential harm to DP resulting from such illegal and/or unauthorized use of DP content.
COPYRIGHT
and
CONTENT
OWNERSHIP.
Any
and
all
text
information,
pictures,
video,
audio,
layout,
look
and
feel,
or
similar
supplied
by
DP
in
DP
service(s),
whether
pre-existing
at
the
time
of
service(s)
or
initiated
and
added
in
the
future,
is
and
will
permanently
remain
the
copyright
and
ownership
of
DP
and/or
its
appropriate
owner
and/or
copyright
holder.
Client
assumes
absolutely
no
ownership
or
similar
copyright
to
content,
in
any
way,
at
any
time,
even
if
Client
slightly
or
completely
modifies
such
content.
Any
content
will
remain
copyright
and
ownership
of
Client
or
the
appropriate
developer
and/or
owner.
DP
will
assume
no
ownership
or
copyright
to
this
content.
Any
Client
content
which
is
placed
into
DP
service(s)
which
then
takes
the
look
and
feel
and/or
layout
of
DP
service(s),
will
not
provide
Client
any
rights
to
use
content
in
this
manner
outside
of
DP
service(s).
To
use
Client
content
outside
DP
service(s),
Client
agrees
to
modify
presentation
of
content
(look
and
fell
and/or
layout)
so
that
it
does
not
reflect
look
and
feel
and/or
layout
similarities
to
DP
services(s).
ASSIGNMENTS.
Client
shall
not
assign,
sub-contract,
sublet
or
transfer
and
service(s)
provided
by
DP
to
any
other
entity
or
individual.
DP,
at
our
discretion,
may
allow
Client
to
do
so
under
certain
circumstances,
but
DP
is
under
no
obligation
to
do
so
and
will
make
final
decision.
This
Agreement
will
transfer
through
to
DPs
successors,
affiliates,
subsidiaries
or
similar
who
assume
DP
provided
service(s).
Such
transfer(s)
of
service9S)
by
DP
to
another
party
will
not
alter
Agreement
and/or
Application
Form
existing
with
the
Client
and
terms
will
remain
fully
and
completely
in
effect
and
valid,
fully
transferred
to
newly
assigned
party
which
has
assumed
DP
service(s).
This
Agreement
and
its
terms
can
be
enforced
by
DP
and
by
DPs
subsidiaries,
affiliates,
successors
and
assigns.
DISPUTES
and
LITIGATION.
Failure
to
pay
any
outstanding
balances
in
accordance
with
the
terms
of
this
Agreement
and/or
Application
form
may
result
in
legal
action
being
brought
against
you.
In
this
event,
Client
agrees
to
be
responsible
and
liable
for
all
legal
fees
(attorney
fees,
court
filing
fees,
and
other
associated
fees
and
expenses)
incurred
by
DP
in
order
to
collect
such
outstanding
monies.
Client
agrees
that
any
legal
disputes
related
to
DP
service(s),
Agreement,
Application
Form,
or
any
other
dispute
types
brought
against
DP
by
Client
or
Client
affiliations
and/or
associations,
or,
disputes
brought
against
Client
and/or
Client
affiliations
and/or
associations
by
DP
will
be
conducted
in
Altamonte
Springs,
FL.
USA.
Client
and/or
Client
affiliations
will
be
responsible
for
all
associated
legal
expenses
as
well
as
travelling
expenses.
and completely fulfill financial agreements made to DP as set out in Agreement and Application Form. Failure to pay account in full on set due dates as indicated in Agreement and/or Application Form, will be deemed as a breach of contract on the part of the Client. Client understands that failure to pay DP according to the Agreement and/or Application Form may result in DP, at our discretion, taking legal action against Client for which Client agrees to financially reimburse DP for any and all such charges and expenses, including but not limited to legal and attorney fees, incurred in order to collect such monies due to DP by Client. Client agrees to not charge any credit card chargebacks without first attempting to resolve disputes with DP in writing, sent by US Certified Mail. Should a chargeback be filed that is not permitted by Agreement, Client agrees to pay and be liable for a $100.00 chargeback fee paid to DP to cover DP expenses and time to deal with the dispute. Additionally, Client will be liable for any and all monies obtained from DP due to chargeback that may be issued back by the Clients credit card company. All monies collected and/or paid by Client and/or reimbursed or credited back to Client by DP shall be in US dollars. DP will not responsible for the differences in international exchange rates or monies lost by Client due to fluctuations in currency exchange rates.
or too broad to permit enforcement of such provision to its full extent, then such provision shall be enforced to the maximum extent permitted by law. If any of the provision of this Agreement shall be construed to be illegal or invalid, the validity of any other provision hereof shall not be affected thereby.
CANCELLATIONS. Client may cancel service9S) within this Agreement by providing a 30-day
written notice, sent US Certified Mail, clearly stating cancellation wishes. The length and/or number of paid subscription months is stated the Application Form completed at the time of joining DP service(s). This Application Form may be overridden or amended by any future Application Form signed by the Client at a date later to the date of the original Application Form. Client may request the DP initiate service(s) even if Agreement is not fully completed. However, Client is responsible for payment of all service(s) until terms of Agreement have been fulfilled. Inactivating service(s), putting service(s) on hold, or similar, does not relieve Client financial responsibilities as set by Agreement and Application Form and does not enable to Client to delay payment for such service(s). Should a dispute arise between DP and Client as to specific cancellation date, Client agrees to provide valid means of cancellation proof. Valid proof will be deems as a fully completed US Certified Mail Receipt with current DP address. Copies of letters, faxes and emails as well as Certified Mail sent to an incorrect address are not considered valid proof and/or proper notification of Client cancellation. Should Client be unable to provide DP with valid proof as stated above, cancellation date will be deemed as date DP has record of receiving first such cancellation notice directly from Client, and not those acting on behalf of Client. Cancellation notices must be sent form the Client and not those acting on behalf of Client, and must explicitly express Clients wishes to cancel service(s) with the wording cancel, terminate, discontinue or similar clearly stated wording of Clients wishes to cancel service(s).
PAYMENT.
Payment for service(s) will be due immediately upon joining up or adding service(s).Subscription fees will be paid at he beginning of each recurring payment schedule. If payment ins monthly, payment will be due on the first business day of the beginning of said month. If payment is annually, payment is due on the first day of the Agreement term and thereafter on the first day of each subsequent 12-month renewal period. Should Client account be outstanding, Client understands that late fee charges may be applied by DP and/or due to DP by Client. Late fees are $20 per month.
REVISION.
DP
may
revise
these
Terms
at
any
time
by
updating
this
Agreement.
Client
may
contact
DP
at
any
time
to
request
the
current
Terms
as
they
are
binding
upon
you.
Certain
provisions
of
these
Terms
may
be
superseded
by
expressly
designated
legal
notices
or
terms.
CLIENT
SUPPLIED
CONTENT.
Text
information,
pictures,
images,
graphics,
video,
audio
and
all
other
information
supplied
to
DP
by
Client
as
well
as
those
acting
on
behalf
of
Client
agree
that
said
contact
is
either,
(1)
the
sole
copyright/ownership
of
Client,
or
(2)
the
full,
appropriate
and
complete
permission
has
been
received
by
Client
to
have
such
content
included
with
DP
service(s).
Furthermore,
Client
agrees
to
indemnify
DP
against
any
content
ownership
legal
disputes,
payment
and/or
fines
for
the
unauthorized
or
improperly
used
authorized
usage,
as
well
s
accept
all
financial
and
legal
responsibility
for
any
disputes
that
arise
over
Client
added
and/or
provided
content.
Should
DP
be
notified,
by
Client
or
any
party,
that
a
copyright
or
ownership
disputes
exists
with
Client
supplied
content
which
is
contained,
accessed
through
or
affiliated
with
DP
service(s)
DP
may,
at
our
discretion,
remove
such
content
from
DP
service(s)
until
such
dispute(s)
is
resolved
to
our
satisfaction.
Removing
such
content
or
having
such
disputes
arise
in
no
way
relieves
Client
from
financial
responsibilities
as
stated
in
Agreement
and/or
Application
Form.
Client
agrees
and
understands
that
Client
will
maintain
proper
and
adequate
copies
of
any
and
all
supplied
and/or
added
content
within
DP
service(s)
and/or
sent
to
DP
in
order
to
be
added
to
DP
service(s).
TERM
AND
FEES.
All
fees
are
non-refundable.
The
length
of
time
and/or
number
of
months
of
Agreement
and
Terms
is
stated
in
Application
Form
completed
at
time
of
Client
joining
DP
service(s).
These
terms
may
be
amended
or
superseded
by
any
future
Application
Form
signed
by
Client
at
a
date
later
than
the
date
of
the
original
Application
form.
CONTENT USAGE: Client is not permitted to use DP content or content based on DP content,
from any DP service(s), including but not limited to DP content which was edited, changed adjusted, or similar by Client or those working on behalf of Client, unless DP provides Client wit written, signed authorization to do so. Verbal authorization is not valid. If Client does not receive written authorization specifically describing permitted DP content usage, Client is not authorized to use said content in any manner, other than within DP service(s) as permitted in Agreement. Written permission must be provided by DP for use of any DP content ( text information, pictures, images, video etc.) , including DP content which was modified by Client in any way and to any degree, prior to it use outside of DP website or other DP service(s). Client understands that failure to receive proper written authorization or failure to strictly abide by exact usage terms provided in such authorization is both illegal and is deemed as copyright infringement, a federal offense. At our discretion, DP may or may not grant usage of DP content to Client, and is under no obligation to do so. Content usage by DP will be granted on a case by case basis, at our discretion. Should Client use any DP content ore related content as described above, in any manner not approved by DP, or, use outside of DPs service(s), SP may, at our discretion