Updated: June 6, 2022
These Terms and Conditions contained herein on this webpage shall govern your use of the website at Hybrid HOAsoftware (referred to herein below as the “website”). These Terms apply in full force and effect to your use of this website and by using this website, you expressly accept all terms and conditions contained herein in full. You must not use this website if you have any objection to any of these Terms and Conditions. Please read these Terms and Conditions carefully before using this website.
Payment will be made by the Customer within [XX] days upon receipt of an invoice. In the event there is a delay in payment for more than 5 days from the due date, the Customer shall be liable to pay an interest of [XXX] % per month or maximum permitted by applicable law, whichever is less, on the delayed payments from the due date of payment. Hybrid HOA shall be relieved of its obligations under this Agreement in the event of non-payment of the Fees or expenses due and shall retain the rights in the Services for which the amount is outstanding. Hybrid HOA will provide the Software as part of its standard package if required while providing the offshore Services from Hybrid HOA’s location(s) in the USA. The contractor’s relationship with Hybrid HOA is that of an independent contractor, and nothing in this Agreement will be construed to create a joint partnership, joint venture, agency, or employer-employee relationship.
The customer will have seven (7) days following receipt of the Services or Deliverable (“Acceptance Period”), to complete acceptance tests as per the acceptance criteria agreed in the SOW (“Acceptance Criteria”). If no notice of non-conformance to Acceptance Criteria is reported during the Acceptance Period, Deliverables or Services are deemed accepted by the Customer.
Certain restricted information is available on the website only to registered customers of Hybrid HOA Software that are registered to receive information via passwords issued by Hybrid HOA Software. This restricted information is considered confidential and proprietary information of Hybrid HOA Software. Hybrid HOA Software authorizes registered customers to download, copy, and use the restricted information only within the customer’s organization, and only for the intended purposes authorized by Hybrid HOA Software. Issuance of a registration password is conditioned on the customer’s use of the information in accordance with the terms of their software license agreement with Hybrid HOA Software. Customers shall not transfer their passwords to unauthorized parties.
Confidential information shall mean any information disclosed by one party to the other party, in any form including without limitation documents, business plans, source code, software, technical/ financial/ marketing/ customer/ business information, specifications, analysis, designs, drawings, data, computer programs, any information relating to personnel or Affiliates of a party and include information disclosed by third parties at the direction of a Disclosing Party and marked as confidential within 15 days of such disclosure. Confidential Information shall, however, exclude any information which (i) is/ was publicly known or comes into the public domain; (ii) is received by the Receiving Party from a third party, without breach of this Agreement; (iii) was already in the possession of Receiving Party, without confidentiality restrictions, at the time of disclosure by the Disclosing Party; (iv) is permitted for disclosure by the Disclosing Party in writing; (v) independently developed by the Receiving Party without the use of Confidential Information; (vi) is required to be disclosed by the Receiving Party pursuant to any order or requirement from the court, administrative or governmental agency, provided that the Receiving Party shall give the Disclosing Party prompt written notice of such order or requirement and an opportunity to contest or seek an appropriate protective order. The Receiving Party agrees not to use any Confidential Information for any purpose except for conducting business with the Disclosing Party or otherwise agreed in writing.
Intellectual Property Rights:
HYBRID HOA Software and/or its affiliates or third parties own all rights to the intellectual property and material contained in this website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms and Conditions, for purposes of viewing the material contained on this website. You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system; you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent. Elements of the website are protected by trade dress, trade secret and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the website are trademarks, service marks or trade dress of HYBRID HOA., its affiliates or other entities that have granted HYBRID HOA the right and license to use such marks and may not be used or interfered with in any manner without the express written consent of HYBRID HOA. While HYBRID HOAmaintains copyright protection in all publications it places on the Internet, HYBRID HOA consents to normal downloading, copying and distribution of the information for non-commercial purposes within the user’s organization only. In consideration of this, users agree that copies of the information will retain all copyright and other proprietary notices.
Except as expressly stated in this Agreement, the parties disclaim all warranties of any kind, implied, statutory, or in any communication between them, including without limitation, the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose.
Limitation of Liability:
Hybrid HOA’s obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from Hybrid HOA via this website that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk. In addition, a link to a non-Hybrid HOA website does not mean that Hybrid HOA endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
ATTENTION: IN NO EVENT WILL Hybrid HOA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Hybrid HOA.
Hybrid HOA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Hybrid HOA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Either party may terminate the Agreement upon sixty (60) days’ notice to the other party. Either party may terminate this Agreement immediately if the other party breaches the terms of this Agreement and the breach remain uncured for 30 days from the date of receipt of the notice. In case of termination, Hybrid HOA shall be paid for the Services provided on a pro-rata basis.
Non-Hire and Non-Solicitation:
During the term of this Agreement and for one (1) year thereafter, neither party will directly or indirectly recruit, solicit or induce any personnel, Hybrid HOA, or advisor of the other party to terminate his or her relationship with such other party without the prior written permission of the other party.
Neither party shall be liable for any failure or delay in fulfilling the terms of this Agreement due to fire, strike, war, civil unrest, terrorist action, government regulations, an act of Nature or other causes which are unavoidable and beyond the reasonable control of the party claiming force majeure. This provision shall not be construed as relieving either party from its obligation to pay any sum due to the other party.
Hybrid HOA may subcontract the services to any of its affiliates.
Governing Law and Dispute Resolution:
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
This Agreement shall constitute the complete agreement between the parties respecting the subject matter. This Agreement may not be extended, amended, terminated, or superseded except by agreement in writing between the parties. This Agreement supersedes all previous agreements between Hybrid HOA and the Customer, whether oral or written, regarding the subject matter hereof, standard terms and conditions of a purchase order or an invoice or any similar document whether hosted on the party’s website or otherwise, shall be ineffective. There are no intended third party beneficiaries to this Agreement. Each Agreement may be executed in one or more counterparts (including scanned copies), all of which when signed and taken together constitute a single agreement between the parties.
If you have any questions or comments about our Terms and Conditions, please contact us. This website is owned by Hybrid HOA (referred to herein above as “Hybrid HOA”).