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<br />4.2 Company may choose to bill through an invoice,
<br />in which case, full payment for invoices issued in any
<br />given month must be received by Company thirty (30)
<br />days after the mailing date of the invoice. Unpaid
<br />amounts are subject to a finance charge of 1.5% per
<br />month on any outstanding balance, or the maximum
<br />permitted by law, whichever is lower, plus all expenses
<br />of collection and may result in immediate termination of
<br />Service.
<br />5. TERM AND TERMINATION
<br />5.1 Subject to earlier termination as provided
<br />below, this Agreement is for the Campaign Dates as
<br />specified in the Media Order, either party may terminate
<br />this Agreement for convenience and without penalty by
<br />providing the other party thirty (30) days written notice.
<br />Customer will pay in full for the Services and media
<br />costs up to and including the last day on which the
<br />Services are provided.
<br />5.2 In addition to any other remedies it may have,
<br />either party may also terminate this Agreement upon
<br />thirty (30) days’ notice (or without notice in the case of
<br />nonpayment), if the other party materially breaches any
<br />of the terms or conditions of this Agreement. Customer
<br />will pay in full for the Services and media costs up to and
<br />including the last day on which the Services are
<br />provided. Upon any termination, Company may, but is
<br />not obligated to, delete stored Customer Data. All
<br />sections of this Agreement which by their nature should
<br />survive termination will survive termination, including,
<br />without limitation, accrued rights to payment,
<br />confidentiality obligations, warranty disclaimers, and
<br />limitations of liability.
<br />6. WARRANTY AND DISCLAIMER
<br />6.1 Company shall use reasonable efforts
<br />consistent with prevailing industry standards to
<br />maintain the Services in a manner which minimizes
<br />errors and interruptions in the Services and shall
<br />perform the Services in a professional and workmanlike
<br />manner. Services may be temporarily delayed either by
<br />Company or by third-party providers, or because of
<br />other causes beyond Company’s reasonable control, but
<br />Company shall use reasonable efforts to provide
<br />advance notice in writing or by e-mail of any service
<br />disruption. In cases where Datafy does not have access
<br />to monitor all aspects of performance metrics, customer
<br />assumes responsibility to inform Datafy of any reporting
<br />discrepancies in a timely manner. Customer is
<br />responsible for any billing or charges that are a result of
<br />the reporting discrepancy.
<br />6.2 HOWEVER, COMPANY DOES NOT
<br />WARRANT THAT THE SERVICES WILL BE
<br />UNINTERRUPTED OR ERROR FREE; NOR DOES IT
<br />MAKE ANY WARRANTY AS TO THE RESULTS THAT
<br />MAY BE OBTAINED FROM USE OF THE SERVICES OR
<br />WITH RESPECT TO ANY MARKETING OR
<br />INVESTMENT DECISION MADE WHILE USING THE
<br />SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS
<br />SECTION, THE SERVICES ARE PROVIDED “AS IS” AND
<br />COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS
<br />OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
<br />IMPLIED WARRANTIES OF MERCHANTABILITY AND
<br />FITNESS FOR A PARTICULAR PURPOSE AND
<br />NON-INFRINGEMENT.
<br />6.3 Company shall use reasonable efforts to
<br />maintain availability of data sources required for the
<br />provision of Services. COMPANY DOES NOT
<br />WARRANT THAT THE DATA AND/OR TECHNOLOGY
<br />UTILIZED IN THE PERFORMANCE OF SERVICES WILL
<br />BE AVAILABLE IN PERPETUITY, AND THE DATA MAY,
<br />DUE TO CIRCUMSTANCES BEYOND THE COMPANY’S
<br />CONTROL, BECOME UNAVAILABLE. Under such
<br />circumstances, Company may, at its option and expense
<br />(a)replace or modify the Services to utilize available
<br />data sources, provided that such modification or
<br />replacement contains substantially similar features and
<br />functionality, (b) seek to renegotiate mutually agreeable
<br />terms of the Services with Customer including
<br />consideration of alternative data sources and costs that
<br />may be associated with obtaining access to those
<br />sources.
<br />7. LIMITATION OF LIABILITY
<br />NOTWITHSTANDING ANYTHING TO THE
<br />CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON,
<br />NEITHER PARTY TO THIS AGREEMENT NOR ITS
<br />SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL DATA,
<br />EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS,
<br />AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
<br />EMPLOYEES SHALL BE RESPONSIBLE OR LIABLE WITH
<br />RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT
<br />OR TERMS AND CONDITIONS RELATED THERETO UNDER
<br />ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
<br />OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF
<br />USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF
<br />DATA, OUTSIDE THE PARTY’S REASONABLE CONTROL,
<br />OR COST OF PROCUREMENT OF SUBSTITUTE GOODS,
<br />SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B)
<br />FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL
<br />OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER
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