These General Terms and Conditions contain the general terms and conditions governing any business relationship between Onassist LLC and its Client as part of any related Service Agreement.
Services. Throughout the term of each Service Agreement, Onassist LLC shall provide its Client the services described on such Service Agreement. Onassist LLC shall provide its Client the said services according to the timeline, if any, specified on the Service Agreement. Should Client request that Onassist LLC provide additional or modified services not covered by the service agreement, the parties may, but are not required to, amend the existing Service Agreement or enter into a new one.
Payments. Client shall pay Onassist LLC for the services provided in accordance with the terms and payment schedule set forth on the Service Agreement. All payments shall be in US dollar currency and shall be made via credit cards or via wired funds to the following bank account:
Boeing Employees Credit Union
ABA# 325081403
Account No. 3579658079
Credit to: Onassist LLC
Limitation of Liability. Onassist LLC shall not be liable for any damages or costs incurred by its Client resulting from an interruption, for any reason, in providing any services to the Client due to causes beyond Onassist LLC's control. In the event of any interruption of such service provided directly and indirectly by Onasissist LLC as stated on the Service Agreement, Onassist LLC shall exert its best efforts to cause the restoration of said service as soon as possible. Onassist LLC shall also not, for any reason, be liable under any theory of liability for any indirect, incidental, consequential, or special damages arising out of the services provided by Onassist LLC. Onassist LLC's liability for any action or inaction by it resulting from its gross negligence in the performance of services set forth in the Services Agreement shall be limited only to the recovery of any fees paid by the Client for the service/s giving rise to any such liability.
Confidentiality. Information provided and obtained in connection with the Service Agreement constitutes confidential business information. Onassist LLC and the Client shall maintain the confidentiality of such information and neither party shall disseminate, copy, or disclose such information without the written consent of the other party other than as may be required to permit such party to perform its obligations. Upon termination of the agreement, each party - upon request - shall return all confidential information in its possession to the other party. The provision of this section shall survive termination.
Term and Termination. The term of each Service Agreement shall begin and continue as set forth on the Service Agreement. Each term, when finished, shall automatically extend for the Renewal Term specified on the Service Agreement, unless said Service Agreement is terminated by either Onassist LLC or its Client through a written notice of termination at least thirty (30) days prior to the expiration of such term, or until otherwise terminated pursuant to the provisions of such Service Agreement or of these General Terms and Conditions.
Notices. Any notice required under the terms of this agreement shall be in writing sent to the official address of Onassist LLC and/or the Client. Notice can be sent via certified or registered mail, return receipt requested or by air or ground courier such as Federal Express, United Parcel Service, etc. Such notices may also be sent by facsimile transmission to such telephone number, or e-mail at an email address as either party may give to the other during the term hereof.
Assignment. Neither party may assign the Service Agreement and these terms and conditions or any rights or obligations hereunder without the prior written approval of the other party, except Onassist LLC shall have the right to an assignment confined solely to monies due or to become due to Onassist LLC. Notwithstanding the foregoing, the merger of either party into another entity or the sale of all its outstanding stock shall not be deemed to be an assignment subject to this "Assignment" section, provided the party so merging or whose stock is to be sold provides the other party with written notice of such transaction. This agreement shall inure to the benefit of, and shall be binding upon the parties hereto and their respective successors and permitted assigns.
Governing Law. The Service Agreement and these General Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington and the federal laws of the United States of America. The parties hereto consent to submit to the jurisdiction of the Courts of the State of Washington for any actions, suits or proceedings arising out of or relating to any Service Agreement or these General Terms and Conditions.
Severability. In the event that any part of any Service Agreement or of these General Terms and Conditions is held to be unenforceable or invalid for any reason, such part shall be modified or deleted in such a manner that will make the Service Agreement or these General Terms and Conditions legal and enforceable to the fullest extent permitted under applicable laws.
Entire Agreement. These General Terms and Conditions and the Service Agreement and other attachments thereto constitute the entire agreement between Onassist LLC and the Client with respect to the subject matter hereof and supersedes all prior agreements, purchase orders, understandings and negotiations, whether oral or written, between the parties hereto with respect to such subject matter.
Execution and Delivery. These General Terms and Conditions and the Service Agreement shall be executed by the Client subject to the execution by Onassist LLC thereafter and shall only become effective from and after such execution by Onassist LLC.
For clients whose purchases were made earlier than August 2009, and for clients whose purchases will have the same nature as those of previous orders made earlier than August 2009, you will find our terms and conditions for you here.
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