Welcome to SOLANO®, iasset.com’s cloud-based billing service (“Solano” or the “Service”) – PLEASE READ THESE TERMS CAREFULLY BEFORE CHECKING “I AGREE.”
For as long as Customer uses the Service (“Term”), Customer will remit Solano’s then-current transaction fees to iasset as set forth herein (“Fees”). Customer may access and use the Service for the first 30 days of the Term at no charge (the “Trial Period”); provided that, when Customer first registers for the Service, Customer will provide its credit card information on a fully secured basis to iasset’s designated merchant bank. iasset will not store or have access to Customer’s credit card or other financial information at any time.
Following the Trial Period, as and when Customer uses the Service at any time during any calendar month, iasset will charge the monthly Fees in arrears against Customer’s credit card by no later than the 15th day of the following calendar month.
If Customer’s credit card is declined at any time during the Term, iasset will send an email notification to Customer and, within three business days thereafter, again charge Customer’s credit card for the monthly Fee then due and owing. If Customer’s credit card is again declined, iasset reserves the right to (i) suspend the Service until payment is received in full, (ii) assess its collection costs against Customer, and (iii) if Customer’s credit card is declined more than twice in any six-month period during the Term, require that Customer pay an advance retainer to iasset in an amount reasonably determined by iasset in order to restate the Service.
As between Customer and iasset, (i) Customer owns and will retain all right, title and interest in and to all confidential or proprietary data supplied and/or stored by Customer or any of its customers on the Service (collectively, “Customer Data”) and (ii) iasset owns and will retain all right, title and interest in and to the Service, including its content, look-and-feel, and functionality and all intellectual property rights embodied therein, including patent rights, copyrights, trademarks, trade names and service marks.
If Customer formally notifies iasset that it will cease use of the Service, iasset will provide Customer with access to the Customer Data for a period of 60 days to allow Customer to download all its Data. Thereafter, iasset may close Customer’s Service and delete all Customer Data thereon.
Conditioned on Customer’s payment of Fees, iasset grants Customer a nonexclusive and non-transferable license to access and use the Service for its internal business purposes, subject to and in accordance with these Terms and all applicable laws, including PCI DSS. Customer will not copy, modify, create derivative works from, reverse engineer or decompile the Service or make any attempt to extract its source code. All rights not granted by iasset to Customer hereunder are reserved.
As between Customer and iasset, Customer is solely responsible for all Customer Data posted, uploaded, stored, processed, or transmitted through the Service. Excluding damages arising out of iasset’s gross negligence or willful misconduct or as set forth in Section 5 below, under no circumstances will iasset be liable to Customer or any of its internal or external users, including its end customers, for any losses, liabilities or damages arising out of any Customer Data or Customer’s (including its users’) access to or use of the Service or the Customer Data thereon.
Customer’s rights to access and use the Service hereunder exclude (i) service bureau or any other time-sharing or outsourcing use thereof or (ii) the concurrent use of a single login by more than one user. Customer will not and will not permit any third party to: (a) seek unauthorized access to the Service; (b) upload or transmit Customer Data that contains any malicious code intended to damage or detrimentally interfere with any systems, data, personal information or property; or (c) use or knowingly permit the use of any security testing tools to probe, scan or attempt to penetrate or ascertain the security of the Service.
Customer will not submit to the Service any materials that: (a) violate any third party intellectual property right or any moral right, privacy right, right of publicity or other proprietary right; (b) are unlawful, harassing, tortious, defamatory, false, obscene, harmful to minors and/or offensive in any way.
No part of the Service may be reproduced, distributed, displayed, posted, or transmitted by Customer in any form or by any means. Customer will not access the Service by any means other than through the interfaces provided by iasset. Customer will not do any “mirroring” or “framing” of any part of the Service or create Internet links to the Service that include login information, user names, passwords, and/or secure cookies. Any action or breach of any of these Terms by any user will be deemed an action or breach by Customer.
iasset warrants that, throughout Customer’s use of the Service, the Service will materially achieve the functionality described in its online documentation. Customer’s exclusive remedy and iasset’s sole liability for iasset’s breach of this warranty are as follows: iasset will use commercially reasonable efforts to modify the Service to achieve such functionality and, if iasset is unable to restore such functionality, Customer may terminate the Order Form and iasset will refund the monthly Fee paid, if any, for one month’s usage of the Service.
iasset will remotely support the Service on a 24/7/365 basis and will expeditiously escalate and use all commercially reasonable efforts to address and resolve technical and operational issues. Current technical support contact information appears on the homepage for www.iasset.com/solano.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THE SERVICE ARE PROVIDED “AS IS, WHERE IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. IASSET DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED OR THAT THE OVERALL SYSTEM THAT MAKES THE SERVICE AVAILABLE (INCLUDING THE INTERNET, OTHER TRANSMISSION NETWORKS, AND CUSTOMER’S LOCAL NETWORK AND EQUIPMENT) WILL BE FREE OF MALICIOUS CODE.