Subscription Plan Service Agreement
This Powers Enterprise LLC Subscription Plan Service Agreement is between Powers Enterprise, LLC.
and “Customer” with its principal place of business as provided during
Plan / Account sign-up process, on behalf of itself and its Affiliates.
Powers Enterprise LLC websites allows its customers to use various software service
through such websites. Powers Enterprise LLC and “Customer” hereby agree that the following
terms and conditions will apply to the services and software provided by
Powers Enterprise LLC websites to “Customer”.
Acceptance of Terms
By purchasing and/or registering an account for a website owned by Powers Enterprise LLC
( “Service”) or by using Service or continuing to use the Service,
this Subscription Plan Service Agreement is valid and in effect.
Usage of Service includes all content and functionality available through the websites,
its sub-sites, owned by Powers Enterprise LLC.
Powers Enterprise LLC and you (the “customer”) fully agree to the following terms and conditions.
You represent that you are 18 years of age or older and have the legal power and authority to
enter into this agreement. If you are signing up to use Powers Enterprise LLC various products
and services on behalf of a company, you represent that you have complete authority to bind the
“Customer” to the terms governing the use of the Powers Enterprise LLC services, and the
term “customer” means your company, all of its employees and its Affiliates.
If you do not agree to the terms of this agreement, or if you do not have the authority,
then you must stop using Powers Enterprise LLC products and services.
Customer and User
The term “Customer” shall mean the individual, a business or a legal entity including its
employees, affiliates, partners, customers, contractors and agents registering for any
Powers Enterprise LLC product or Service via any Powers Enterprise LLC web site.
The term “User” and “Users” shall mean an individual, and if the “Customer” is representing
a business or a legal entity, the term shall also encompass
its employees, affiliates, partners, customers, contractors or agents,
who access the Service established by the “Customer”.
Accurate Customer Information
The Customer agrees to provide Powers Enterprise LLC with accurate billing
and contact information, including legal name, company name (if applicable), street address,
telephone number, and Email address. The Customer also agrees to
notify Powers Enterprise LLC of any changes to this information within a period not to
exceed 30 days. Powers Enterprise LLC reserves the right to terminate Customer
access to the Service, without any obligation to return Customer data,
if the Customer provides false or fraudulent contact or billing information.
By using the PowerSoftware.biz website (“Service”); or continued use shall be deemed to be
agreement to establish and maintain Service by the Account User and to abide by
all the terms and conditions of this Agreement. Service will provide the
Customer with the use of PowerSoftware.biz software through Web browsers.
Service Access and Availability
The Customer is responsible for obtaining and maintaining all computer hardware,
software and communications equipment needed to access any Powers Enterprise LLC Service,
and for paying all third-party access charges incurred while using the Service.
Powers Enterprise, LLC will attempt to provide continuous availability and access to
Services. In the event that we are unable to provide access for reason beyond our control,
we will communicate the reasons for the outage and expected duration of the outage clearly and
explicitly to the Customer. These outages could be due to third parties that the Service
depends on, such as but not limited to hosting service providers, internet service providers,
and/or other third party service providers.
Proprietary Software and License
Customer acknowledges, and agrees, that the Service uses proprietary software (the “Software”)
owned by Powers Enterprise LLC; and the Customer is being granted an individual,
non-exclusive, non-transferable license to use the Software subject to the terms and
conditions of this Agreement. The Customer acknowledges, and agrees, that the Customer,
its employees or agents, are expressly prohibited, directly or indirectly,
from attempting to discover the source code, underlying algorithms, or technology of the Software;
rent, lease, sell, assign, or transfer rights to the Software; modify or make derivative works
based on the Software; or use the Software in any service bureau or timeshare capacity.
The Customer acknowledges, and agrees, that Powers Enterprise LLC retains exclusive ownership
throughout the world of its Software, including portions or copies, and all rights not
expressly granted to the Customer are reserved by Powers Enterprise LLC.
Paid Subscription Plan
Customer agrees to have bought an account of a website owned by
Powers Enterprise LLC in accordance to a “Subscription Plan” selected on in a
Web Site owned by Powers Enterprise LLC during checkout (buying) process.
Customer further acknowledges and agrees that Customer will be entitled to pay an
amount at least equal to the price of the “Subscription Plan” bought by the Customer for
every billing period/cycle in advance of the billing cycle. Customer understands that
“Subscription Plan” offers a maximum limit on their usage in terms of number of
Registered or Active Users, and other factors described in the plan such as storage,
encoding or bandwidth consumed by the Customer in a given billing period/cycle.
Customer agrees to use Powers Enterprise LLC for the paid account in accordance to these
limits. However, in case Customer does exceed these limits, set forth by the package
purchased by the Customer, Customer will be liable to pay the difference of amount as
defined in subscription agreement and revised time to time.
Last Updated: January 5th, 2017