Really Good System Terms & Conditions
THIS AGREEMENT is made for the benefit of you (the “User”) and Really Good Sys, Inc. of (the “Service Provider”) located at 661 N. Monterey St., Suite #1, Gilbert, AZ 85233 collectively referred to as the “Parties”. The User wishes to be provided with the Services (defined below) by the Service Provider and the Service Provider agrees to provide the Services to the User on the terms and conditions of this Agreement.
By using the Really Good System (“Service”), you are agreeing to the following terms and conditions.
1. Key Terms
The Service Provider shall provide the following Service to the User in accordance with the Terms and Conditions of this Agreement:
Really Goods Sys, Inc. is an online scheduling software that pulls information from the User’s customer database. This service is an internet based online software system accessible to Users and requires an internet or Wi-Fi connection. This software is not intended to be a full office management or accounting system.
- The Service Provider shall provide the Services at the following site(s): https://app.reallygoodsys.com
- a. In consideration for providing services, the (“Price”) for the Services are as follows:
- i. One-time nonrefundable set-up fee of $500.00 USD.
- ii. Access and use of Really Good System for two (2) concurrent users $50.00 USD a month.
- iii. Additional individual concurrent users are available for $25.00 USD a month.
- a. Payments shall be made via approved credit card. User’s credit card will be debited on the 1st of each month. Failure to pay by the 5th could result in disruption of service.
- b. Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Service Provider and shall be payable by the User.
2. General terms
2.1 Intellectual Property Rights
- a. We claim no intellectual property rights over the material provided by User to the Service Provider. All materials uploaded remain the Users.
- b. The Service Provider does not pre-screen content, but reserves the right, but not the obligation, in their sole discretion to refuse or remove any content that is available via the Service.
- c. The User is prohibited from sub-leasing or reselling this product.
- d. The Service Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service.
- a. The Service Provider represents and warrants that:
- i. it will perform the Services with reasonable care and skill; and
- ii. the Services and the Materials provided by the Service Provider to the User under this Agreement will not infringe or violate any intellectual property rights or other right of any third party.
- iii. All data is backed up daily and stored on Really Good Sys., Inc. Amazon Cloud Drive. Files that a User uploads within Really Good System are also stored on the Amazon Cloud Drive that uses modern techniques to remove bottlenecks and points of failure.
- b. Back-up of data:
- i. Service Provider shall have reasonable back-up data in place. It is recommended that the User has additional back-up protection for themselves.
2.3 Account Terms
- a. The User is responsible for maintaining the security of their account and password. The Service Provider cannot and will not be liable for any loss or damage from the Users failure to comply with this security obligation.
- b. The User is responsible for all content posted and activity that occurs under their account (even when content posted by others who have their own logins under the Users account).
- c. A login and password should only be used by one person – a single login shared by multiple people is not recommended for security purposes.
- d. The User must be a human. Accounts registered by “bots” or other automated methods are not permitted.
2.4 Limitation of Liability
- a. Service Provider’s liability shall be limited to the value of price for the current month of the Services in connection with this Agreement.
- b. To the extent it is lawful, in no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage.
- c.Nothing in this Agreement will serve to limit or exclude either Party’s liability for personal injury arising from its own negligence.
Term is established at commencement of by clicking (“I Agree”).
- a. Notice to terminate services by either Party must be in written format (“Electronic Mail or Certified Mail”). The Service Provider shall cease to provide the Services on the first day of the following month, without any further obligation or compensation.
- b. Either Party may terminate this Agreement upon notice in writing if:
- i. the other is in breach of any material obligation contained in this Agreement.
- ii. a voluntary arrangement is approved between the Parties.
- iii. Any dispute, controversy or claim arising out of or relating in any way to the agreement including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the agreement, shall be exclusively resolved by binding arbitration. In the event of a dispute to the agreement, the complaining Party shall notify the other Party in writing. Within (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith; teleconference is an acceptable form. Should the dispute not be resolved, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim has arisen. In no event shall it be made after one (1) year from when the aggrieved party knew or should have known of the dispute.
- c. Any termination of this Agreement shall not affect any accrued rights or liabilities of either Party.
- d. Upon termination of Services Really Good Sys, Inc. will provide a flat file of User database within a reasonable amount of time.
2.7 Relationship of the Parties
The Parties acknowledge and agree that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between either Party.
- a. All data provided by the Service Provider or the User is protected and confidential. This data will not be sold or used for marketing or any other purposes.
- b. Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement.
Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Such communication will be acknowledged upon receipt.
- a. Before the User can access Really Goods Sys, Inc. online software, the User must complete at least one of the following training sessions:
- i. Training Video available at http://reallygoodsys.com/support.
- ii. RGS Training Manual available at http://reallygoodsys.com/rgs-training-manual.
- iii. A one-on-one Training Session, subject to wait list, via (844) 237-4150.
- b. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
- c. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
- d. This Agreement may not be amended for any other reason without the prior written agreement of both Parties.
- e. This Agreement constitutes the entire understanding between the Parties relating to the subject matter, unless any representation or warranty made about this Agreement was made misleadingly.
- f. Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 business days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.
- g. This Agreement and disputes shall be governed by the laws of the jurisdiction of Maricopa County, Arizona, United States of America.