Terms & Conditions
We will always do our best to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong.
In these terms & conditions, you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
Parties. You are entering into this Agreement with Excel Software Services, Inc., located at 6369 Indian Trail, Sanger, TX 76266
Services. We will provide you with certain products or services agreed upon from time to time (the “Services”) and/or usage of a proprietary software application. The Products or Services which we initially will be providing to you are described in the order details. The Summary of Services may be updated upon receipt of a new order.
Confidentiality. In providing the Services, we will appropriately restrict our use and disclosure of all confidential and proprietary information of your company. We also will ensure that any independent professionals whom we engage in connection with the Services will be subject to similar confidentiality restrictions.
Fees and Expenses. As consideration for the Services, you agree to pay us the fees set forth in the order documents. You also agree to reimburse us reasonable expenses which we incur in providing the Services, provided that the Fee Schedule authorizes such expenses and that we provide you with appropriate documentation substantiating such expenses.
Term of Engagement. Our engagement may be terminated by either you or us at any time by written notice to the other. Upon such termination, we will be entitled to the payment of all fees and authorized expenses incurred through the date of the termination of our engagement.
Best Efforts. We will undertake our best efforts to provide the Services to you in a timely, competent and professional manner. You, of course, will be under no obligation to follow any advice, recommendations or guidelines we provide to you. Accordingly, in the event of any dispute between us, our liability to you will be limited to the amount of the fees payable by us for the Services at issue. In no event will either of us be liable to the other for any indirect, special, incidental or consequential damages arising from the Services, including damages for lost revenues, profits or data.
Payment. Hosting and other recurring fees must be paid in advance. Custom work and consulting fees work off of a retaining deposit. Invoices are generated bi-monthly, and are payable upon receipt. Terms are offered to established clients. You agree to pay any expenses which we incur to collect any unpaid fees and reimbursable expenses due from your company, including reasonable attorneys’ fees and court costs.
If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this is a legal document under exclusive jurisdiction of the courts of Denton County, Texas. By completing this order, you agree with these terms & conditions.