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Terms and Conditions

1.        Definitions.

1.1        "Services." The web services described and specified on the applicable Purchase Order and any updates or upgrades to such services which may be generally released by VERTTIX to all customers from time to time.

1.2        "VERTTIX Technology." The computer hardware, software and other tangible equipment and intangible computer code necessary to deploy and serve the Services via the Site.

1.3        "Site." VERTTIX’s verttixapps.com website including the VERTTIX Technology.

1.4        "Authorized Users." The number of identifiable unique persons consisting of Customer's personnel and outside consultants who are authorized to access and use the Services, as specified in the applicable Purchase Order(s). Authorized Users may include Customer’s third party consultants, outsourcers, contractors and other service providers.

1.5        "Affiliate." With respect to Customer, any parent or subsidiary corporation, and any corporation or other business entity controlling, controlled by or under common control with Customer, which agrees in writing to be bound by all the obligations of Customer hereunder.

1.6        "Internet Data Centers." Any of the facilities owned or controlled by VERTTIX and used by VERTTIX to provide the Services. These facilities house the VERTTIX Technology used for the provision of Services. All Internet Data Centers shall be located in the United States, unless with the prior written consent of Customer.

1.7        "Customer Data." Customer’s information or other data processed, stored or transmitted by, in or through the Services, including without limitation personal information relating to the Customer’s personnel, customers, and prospective customers such that the identity of such persons is apparent or can reasonably be determined from such personal information.

1.8        "Purchase Order." A document indicating that it is a "purchase order" which incorporates the terms of this Agreement in written form if mutually agreed upon and duly executed by the parties. In order to be binding, a "purchase order" must comply with the above requirements.

1.9        "Proprietary Rights." Any and all rights, whether registered or unregistered, in and with respect to patents, copyrights, confidential information, know-how, trade secrets, moral rights, contract or licensing rights, confidential and proprietary information protected under contract or otherwise under law, trade names, domain names, trade dress, logos, animated characters, trademarks, service marks, and other similar rights or interests in intellectual or industrial property.

2.        Subscription License Grant. Subject to the terms and conditions hereof, during the term hereof, VERTTIX hereby grants to Customer and its Affiliates only to the extent of Authorized Users and solely for Customer’s internal business purposes a non-exclusive, non-transferable, worldwide right and license to access the Site and use the Services. All rights not expressly granted to Customer herein are expressly reserved by VERTTIX.

3.        Use Restrictions. Customer covenants and agrees that its use of the Services will be in a manner consistent with this Agreement and with all applicable laws and regulations, including trade secret, copyright, trademark, and export control laws. Without limiting the generality of the foregoing, Customer shall not, nor shall it permit or assist others, (i) to abuse or fraudulently use the Services; (ii) to process or permit to be processed the data of any third party that is not expressly authorized herein to access and use the Services; and (iii) to attempt to copy, reverse-engineer, decompile, disassemble, create a derivative work from, or otherwise attempt to derive the source codes of any part of the VERTTIX Technology; or (iv) to access, alter, or destroy any information of any customer of VERTTIX by any fraudulent means or device, or attempt to do so.

4.        Security. Customer shall be solely responsible for acquiring and maintaining technology and procedures for maintaining the security of its link to the Internet. As part of the Services, VERTTIX shall implement reasonable security procedures consistent with prevailing industry standards to protect Customer Data from unauthorized access (the "Security Standard"). Provided that VERTTIX is in compliance with the Security Standard, the parties agree that VERTTIX shall not, under any circumstances, be held responsible or liable for situations (i) where data or transmissions are accessed by third parties through illegal or illicit means, or (ii) where the data or transmissions are accessed through the exploitation of security gaps, weaknesses, or flaws unknown to VERTTIX at the time. VERTTIX will promptly report to Customer any unauthorized access to Customer Data promptly upon discovery by VERTTIX, and VERTTIX will use diligent efforts to promptly remedy any breach of security that permitted such unauthorized access. In the event notification to persons included in such Customer Data is required, Customer shall be solely responsible for any and all such notifications at its expense.

5.        Set-Up of Services. On or before the "go live" date specified in the applicable Purchase Order, VERTTIX will complete all tasks required to make the Services accessible to Customer, including (i) implementing in the VERTTIX Technology any interfaces required in the applicable Purchase Order, (ii) delivering to Customer any proprietary software and related documentation necessary to access the VERTTIX Technology to access and use the Services, (iii) assigning all security access, passwords and user IDs necessary to access the VERTTIX Technology to access and use the Services, and (iv) preparing data that may be specified on the applicable Purchase Order for use with the Services.

6.        Access Codes For Services. VERTTIX will permit access to the Services only over the Internet using access codes assigned by VERTTIX. Access codes will be deemed the Confidential Information of both parties.

7.        Technical Requirements For Services.

7.1        Capacities. The Services shall be rendered in a manner that will support the Authorized User requirements and other requirements provided in the applicable Purchase Order.

7.2        Scalability. The Services shall be scalable in a manner that allows the Services to meet any forecasted increase provided in the applicable Purchase Order. Customer acknowledges that increasing the Authorized User requirements and/or data storage requirements may lead to increases in the fees charged for the Services.

7.3        Internet Data Centers. The Services will be provided through Internet Data Centers that are configured consistent with prevailing industry standards for fireproofing, power and backup generation, structural integrity, seismic resistance and resistance to other natural and man-made disruptions. In addition, the facility shall be secured against physical and electronic intrusion in a manner consistent with prevailing industry standards.

8.        Backups. At no additional charge to Customer, VERTTIX shall make daily incremental backups (the "Incremental Backup") and weekly full backups (the "Full Backups") of Customer Data archived with the VERTTIX Technology. The prior day incremental backup and a copy of the weekly backup shall be stored off-site in a secure facility designed to store and maintain backups for emergency use. Upon storage of a weekly backup in the off-site facility, the prior weekly backup shall be made available to Customer by electronic delivery.

9.        Monitoring of Customer’s Use. VERTTIX reserves the right to internally monitor Customer’s usage of the Site and Services.

10.        No Commingling of Customer Data. The Services shall be operated in an environment where (i) all Customer Data shall be stored on files totally separate from those of other customers of VERTTIX, or (ii) all files containing Customer Data are partitioned sufficient to protect the security and privacy of Customer Data.

11.        Purchase of Additional Services. Customer may elect to purchase rights for additional Authorized Users and/or additional services by Purchase Order from time to time. Such additional purchases shall be governed by the terms and conditions hereof. Customer agrees that, absent VERTTIX's express written acceptance thereof, the terms and conditions contained in any purchase order or other document issued by Customer to VERTTIX for the additional purchases, shall not be binding on VERTTIX to the extent that such terms and conditions are additional to or inconsistent with those contained in this Agreement.

12.        Subscription Fees. Customer shall pay to VERTTIX periodic subscription fees for the Services and technical support services provided hereunder in accordance with the applicable Purchase Order.

13.        Taxes. All fees are exclusive of taxes or duties. If VERTTIX is required to pay or collect any federal, state, local, value added, tax or duty on any fees charged under this Agreement, or any other similar taxes or duties levied by any governmental authority, excluding taxes levied on VERTTIX's net income, then such taxes and/or duties shall be billed to and paid by Customer immediately upon receipt of VERTTIX's invoice and supporting documentation for the taxes or duties charged.

14.        Technical Support, Training, and Consulting Services. During the term hereof, VERTTIX shall provide technical support in the form of responses to questions by email or telephone at no additional charge. If additional services are required for the proper use and operation of the Services or if training or consulting services are requested, VERTTIX shall provide such services on a time and materials ("T&M") basis; that is, (i) Customer shall pay VERTTIX for all the time spent performing such services (including all travel time), plus materials, taxes, and reimbursable expenses; and (ii) the rates for such services shall be VERTTIX's then-current standard rates when such services are provided. Any monetary limit stated in an estimate for T&M services shall be an estimate only for Customer's budgeting and VERTTIX's resource scheduling purposes. If the limit is exceeded, VERTTIX will cooperate with Customer to provide continuing services on a T&M basis. VERTTIX shall invoice Customer monthly for T&M services. Charges shall be payable upon receipt of invoice by Customer. VERTTIX reserves the right to require a non-refundable fee and/or cost deposit prior to commencement of services as well as a work order.

15.        Technical Contacts. Customer shall designate one of its employees as its principal contact for communicating with VERTTIX regarding technical issues hereunder. Customer may change its technical contact from time to time by written notice to VERTTIX.

16.        Proprietary Rights Ownership. Ownership of the Proprietary Rights embodied in the Site, Services, and VERTTIX Technology shall remain exclusively vested in and be the sole and exclusive property of VERTTIX and its licensors. In addition Customer hereby transfers and assigns to VERTTIX any rights Customer may have to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer personnel relating to the Service. The sseds.verttixapps.com domain name, product names and logos associated with the Services are trademarks of VERTTIX or third parties, and no right or license is granted to use them.

17.        Mutual Exchange of Confidential Information. The parties anticipate that each may disclose confidential information to the other. Accordingly, the parties desire to establish in this Section terms governing the use and protection of certain information one party ("Owner") may disclose to the other party ("Recipient").

17.1        Definition of Confidential Information. For purposes hereof, "Confidential Information" means (i) the terms and conditions hereof, (i) non-public aspects of VERTTIX’s Site and the operation thereof, VERTTIX Technology, and the Services and additional services provided by VERTTIX, and VERTTIX’s business and technical information, and data, (iii) Customer Data, and non-public aspects of Customer’s technology, computer programs, and business and technical information, and data. In addition, Confidential Information includes information which, although not related to the Services or this Agreement, is nevertheless disclosed hereunder, and which, in any case, is disclosed by an Owner or its affiliate to Recipient in document or other tangible form bearing an appropriate legend indicating its confidential or proprietary nature, or which, if initially disclosed orally or visually is identified as confidential at the time of disclosure and a written summary hereof, also marked with such a legend, is provided to Recipient within fifteen (15) days of the initial disclosure.

17.2        Restrictions on Use and Disclosure. Recipient may use Confidential Information of Owner only for the purposes of this Agreement and shall protect such Confidential Information from disclosure to others, using the same degree of care used to protect its own proprietary information of like importance, but in any case using no less than a reasonable degree of care. Recipient may disclose Confidential Information received hereunder only as reasonably required to perform its obligations under this Agreement and only to its employees who have a need to know for such purposes and who are bound by signed, written agreements to protect the received Confidential Information from unauthorized use and disclosure.

17.3        Exclusions. The restrictions of this Agreement on use and disclosure of Confidential Information shall not apply to information that: (i) is in the possession or control of Recipient at the time of its disclosure hereunder; (ii) is, or becomes publicly known, through no wrongful act of Recipient; (iii) is received by Recipient from a third party free to disclose it without obligation to Owner, (iv) is independently developed by a party as evidenced by its written and dated records and without any breach of this Agreement; or (v) is the subject of a written permission to disclose provided by Owner. The Recipient may disclose Confidential Information of Owner pursuant to the requirements of a governmental agency or by operation of law, provided that such Recipient gives Owner written notice thereof as soon as practicable and reasonably cooperates with Owner to contest such disclosure.

17.4        GLB Compliance. VERTTIX shall comply with the terms and conditions of the attached GLB Exhibit regarding Services to Customer whereby VERTTIX receives from or creates or receives on behalf of Customer "Nonpublic Personal Information", as defined under the privacy or security regulations issued under Gramm-Leach-Bliley Act also known as the Financial Services Modernization Act of 1999 ("GLB").

18.        General Skills and Knowledge. Notwithstanding anything to the contrary in this Agreement, Customer agrees that VERTTIX is not prohibited from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including information publicly known or available or that could reasonably be acquired in similar work performed for another customer of VERTTIX.

19.        Customer Representations and Warranties.

19.1        Customer represents and warrants that (i) the performance of its obligations and use of the Services (by Customer and its Authorized Users) will not violate any applicable laws, or regulations, including without limitation any and all laws and regulations regarding the transfer of personal information of residents of the European Union outside the European Union, or (ii) cause a breach of any agreements with any third parties or unreasonably interfere with the use by other VERTTIX customers of VERTTIX services.

19.2        Customer acknowledges that (i) VERTTIX does not monitor the content of the information passing through the Services for purposes of verifying accuracy or legal compliance, and (ii) Customer will use commercially reasonable efforts to ensure that the information it and its Authorized Users transmit thereby complies with all applicable laws and regulations, whether now in existence or hereafter enacted and in force.

19.3        In the event of any breach by Customer of any of the foregoing representations or warranties, in addition to any other remedies available at law or in equity, VERTTIX will have the right to suspend immediately any Services if deemed reasonably necessary by VERTTIX to prevent any harm to VERTTIX and its business. VERTTIX will provide notice to Customer and an opportunity to cure, if practicable, depending on the nature of the breach. Once cured, VERTTIX will promptly restore the Services.

20.        VERTTIX Representations and Warranties. VERTTIX represents and warrants that (i) it has the legal right to enter into this Agreement and perform its obligations hereunder, and (ii) the performance of its obligations and delivery of the Services to Customer will not violate any applicable laws or regulations of the United States or cause a breach of any agreements between VERTTIX and any third parties. In the event of a breach by VERTTIX of the foregoing warranties, Customer’s sole remedy is termination of this Agreement upon written notice to VERTTIX.

21.        Limited Warranty. VERTTIX represents and warrants that the Services will: (i) conform to all material operational features as described in the applicable Purchase Order, and (ii) be free of errors and defects that materially affect the performance of such features ("Limited Warranty"), provided that Customer notifies VERTTIX of any non-conformity, error, or defect. Customer’s sole and exclusive remedy for breach of this Limited Warranty shall be the prompt correction of non-conforming Services at VERTTIX’s expense.

22.        Service Level Warranty. The service level warranty set forth in Exhibit A ("Service Level Warranty") states Customer’s sole and exclusive remedy for any performance failure of the Services in terms of levels of service.

23.        Warranty Disclaimers. EXCEPT FOR THE LIMITED WARRANTY AND THE SERVICE LEVEL WARRANTY PROVIDED ABOVE, NEITHER VERTTIX NOR ANY OF ITS SUPPLIERS OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND VERTTIX AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS AGREEMENT HAVE BEEN MADE RESPECTING THE SERVICE, AND THAT CUSTOMER HAS NOT RELIED ON ANY REPRESENTATION NOT EXPRESSLY SET OUT IN THIS AGREEMENT. VERTTIX DOES NOT WARRANT THAT THE SERVICE OR SITE WILL MEET CUSTOMER'S REQUIREMENTS, THAT THE SERVICE OR SITE WILL OPERATE IN THE COMBINATIONS WHICH CUSTOMER MAY SELECT FOR USE, OR THAT THE OPERATION OF THE SERVICES OR SITE WILL BE UNINTERRUPTED, OR ERROR-FREE. FURTHER, CUSTOMER ACKNOWLEDGES AND AGREES THAT VERTTIX HAS NO CONTROL OVER THE INTERNET, AND THAT VERTTIX IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICES.

24.        Disclaimer of Actions of Third Parties. VERTTIX does not and cannot control the flow of data to or from VERTTIX’s Technology and other portions of the Internet. Such flow of data depends on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt customer’s connections to the Internet (or portions thereof). Although VERTTIX will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, VERTTIX cannot guarantee that such events will not occur. VERTTIX DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES.

25.        Intellectual Property Indemnity. Except for third party software including without limitation open source software, VERTTIX will indemnify, defend and hold harmless Customer and its Affiliates from and against any lawsuit, liabilities, loss, cost or expense arising out of a third-party claim made against Customer that the VERTTIX Technology or Services infringe on any U.S. intellectual property right of a third party; provided, however, that VERTTIX is notified in writing of such claim promptly after such claim is made upon Customer. VERTTIX shall have the right to control any defense of the claim. In no event shall Customer settle any such claim without VERTTIX's prior written approval. VERTTIX shall have no liability or obligation if the claim arises from (i) any alteration or modification to the VERTTIX Technology or Services other than by VERTTIX, (ii) any combination of the VERTTIX Technology or Services by Customer with other programs or data not furnished by VERTTIX, or (iii) any use by Customer of the VERTTIX Technology or Services that is prohibited by this Agreement or otherwise outside the scope of use for which the VERTTIX Technology or Services are intended.

26.        Options for Infringement Claims. If any party is enjoined from using the VERTTIX Technology, or if VERTTIX believes that the VERTTIX Technology may become the subject of a claim of intellectual property infringement, VERTTIX, at its option and expense, may: (i) procure the right for Customer to continue to use the Services; (ii) replace or modify the VERTTIX Technology so as to make it non-infringing; provided, however, that the Services continue to conform to the descriptions and/or specifications provided in the applicable Purchase Order; or (iii) terminate this Agreement, in which case VERTTIX shall refund to Customer any and all subscription fees paid in advance by Customer for those Services not provided by VERTTIX and provide, at Customer’s request and free of charge, the Customer Data in a database document format. This Section and the preceding Section sets forth the entire liability of VERTTIX to Customer for any infringement by the VERTTIX Technology or Services of any intellectual property right of any third party. Notwithstanding the foregoing, this Section does not apply to third party software including without limitation open source software.

27.        Disclaimer of Incidental and Consequential Damages. EXCEPT FOR INDEMNITY OBLIGATIONS ESPRESSLY PROVIDED HEREIN AND ANY VIOLATION OF CONFIDENTIALITY OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER UNDER ANY THEORY INCLUDING CONTRACT AND TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCTS LIABILITY) FOR ANY INDIRECT, SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF THE PARTY CAUSING SUCH DAMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

28.        Liability Cap. Except for VERTTIX’s indemnity expressly provided herein and VERTTIX’s confidentiality obligations, in no event shall VERTTIX's aggregate liability, if any, including liability arising out of contract, negligence, strict liability in tort or warranty, or otherwise, shall not exceed the total of subscription fees payable by Customer for the six (6) billing periods immediately preceding the claim for such liability.

29.        Term of Agreement. The initial term of this Agreement shall commence as of the Effective Date hereof and shall continue for a period of one (1) year. The initial term hereof shall automatically renew for successive one (1) year terms unless either party notifies the other in writing not less than sixty (60) days prior to the expiration of the current term of its intention not to renew. Both the initial term and any renewal term are subject to earlier termination as otherwise provided herein. Either party may choose not to renew this Agreement without cause for any reason.

30.        Term of Purchase Order. Any Purchase Order created under this Agreement shall commence immediately upon execution by both parties, and shall continue thereafter as provided in the Purchase Order; provided, however, that notwithstanding anything to the contrary herein or in any Purchase Order, all existing Purchase Orders shall also terminate upon the expiration or termination of this Agreement.

31.        Automatic Termination. Unless VERTTIX promptly after discovery of the relevant facts notifies Client to the contrary in writing, this Agreement and all Purchase Orders will terminate immediately without notice upon the institution of insolvency, bankruptcy, or similar proceedings by or against VERTTIX, any assignment or attempted assignment by VERTTIX for the benefit of creditors, or any appointment, or application for such appointment, of a receiver for VERTTIX.

32.        Termination For Cause. If either party fails to comply with any of the material terms and conditions of this Agreement or Purchase Order, including without limitation the payment of any subscription license fee or reimbursement due and payable to VERTTIX under this Agreement, the non-defaulting party may terminate this Agreement and/or any or all Purchase Orders and any and all license rights upon fifteen (15) days' written notice to the defaulting party specifying any such breach, unless within the period of such notice, all breaches specified therein shall have been remedied.

33.        Termination by VERTTIX for End of Life. VERTTIX intends to continue to provide and support the Services for so long as Customer renews in accordance with the applicable Purchase Order; provided, however, if, VERTTIX determines in its sole discretion that it is no longer feasible to support the Services, VERTTIX may terminate this Agreement for end of life at any time by providing one hundred eighty (180) days written notice to Customer.

34.        Return of Materials. Within ten (10) days of the expiration or termination of any license under any Purchase Order, Customer shall return to VERTTIX any materials provided by VERTTIX.

35.        Transition Services. If Customer is current in all payments due to VERTTIX at the time of expiration or termination hereof, VERTTIX shall provide to Customer its Customer Data in a standard database document format readily available to VERTTIX at no additional charge. If Customer requests the Customer Data in a non-standard format, Customer shall pay to VERTTIX a reasonable fee for technical services as determined by VERTTIX.

36.        Arbitration. Except for actions to protect Proprietary Rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Pembroke Pines, Florida. The arbitrator shall apply the laws of the State of Florida to all issues in dispute. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Legal fees shall be awarded to the prevailing party in the arbitration.

37.        Notices. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by email or facsimile (provided delivery is confirmed), or U.S. Mail (registered or certified only), return receipt requested, in each case to the address set forth on the initial page hereof or at such other addresses as shall be designated in writing by either party to the other in accordance with this Section. Such notice will be deemed to be given when received.

38.        Assignment. Customer shall not assign this Agreement or any right or interest under this Agreement, nor delegate any work or obligation to be performed under this Agreement, without VERTTIX's prior written consent. Any attempted assignment or delegation in contravention of this Section shall be void and ineffective.

39.        Continuing Obligations. The following obligations shall survive the expiration or termination hereof and the distribution grace period provided above: (i) any and all warranty disclaimers, limitations of liability and indemnities granted by either party herein, (iv) any covenant granted herein for the purpose of determining ownership of, or protecting, the Proprietary Rights, including without limitation, the Confidential Information of either party, or any remedy for breach thereof, and (v) the payment of taxes, duties, or any money to VERTTIX hereunder.

40.        Force Majeure. Neither party shall be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures. Notwithstanding anything to the contrary contained herein, if either party is unable to perform hereunder for a period of thirty (30) consecutive days, then the other party may terminate this Agreement immediately without liability by ten (10) days written notice to the other.

41.        U.S. Government End-Users. VERTTIX Technology and the VERTTIX software incorporated therein, this Site, and the Services all consist of "commercial items," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government end users of this site acquire only those rights set forth herein.

42.        Miscellaneous. This Agreement shall be construed under the laws of the State of Florida, without regard to its principles of conflicts of law. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, understandings, and agreements. This Agreement may be modified only by a written agreement signed by the parties. The failure of either party to enforce at any time any of the provisions hereof shall not be a waiver of such provision, or any other provision, or of the right of such party thereafter to enforce any provision hereof. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

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Verttix Apps

Our apps will solve your school's problems at a simple price.

Our apps work as a team - that's why we bundle Afterschool, Fundraise & Schoolbucks as a suite that's
honestly priced with no long term contracts and backed up by a 60 day satisfaction guarantee.*

For pricing information please call

954.828.0118 ext.103

Our clients love it. This is what they have to say:

We are confident you'll love the quality, ease of use and versatility of our apps, so we back them up with a 60 day full money back guarantee. So here is to peace of mind... Cheers!

About you:

About your school:

Payment Information:

Success!

Your order was successfully received.

Terms and Conditions

Verttix Apps

Our apps will solve your school's problems at a simple price.

Our apps work as a team - that's why we bundle Afterschool, Fundraise & Schoolbucks as a suite that's honestly priced with no long term contracts and backed up by a 60 day satisfaction guarantee.*

For pricing information please call

954.828.0118 ext.103

Our clients love it. This is what they have to say:

We are confident you'll love the quality, ease of use and versatility of our apps, so we back them up with a 60 day full money back guarantee. So here is to peace of mind... Cheers!

About you:

About your school:

Payment Information:

Success!

Your order was successfully received.

Terms and Conditions

Our apps work as a team - that's why we bundle Afterschool, Fundraise & Schoolbucks as a suite that's
honestly priced with no long term contracts and backed up by a 60 day satisfaction guarantee.*