APPFUNCTION TERMS AND CONDITIONS rev. 20200220-B

[Provision 1] You (henceforth also known as You or Customer or Client or Appfunction Account Holder or Account Holder or Server Drive Service Account Holder or Email Account Holder) as of Feb 20, 2020 may use Appfunction.com and our services and our products if, and only if, You agree to the following Terms and Conditions, including all the sections outlined enclosure. If You do not agree to the following Terms and Conditions You must discontinue the use of Appfunction.com and any-and-all services and products provided via Appfunction.com immediately. By using Appfunction.com or any service we offer You are fully accepting all terms, conditions, provisions, measures, agreements, and disclaimers contained in this Agreement. Per these Terms and Conditions You agree that You will not use Appfunction.com or any of our services and products for any purpose that is unlawful or prohibited by this Agreement. Additionally, your access to and use of Appfunction.com (henceforth also known as website or site) or SecureLocalhost.com or SecureLocalhost.net or any other website owned by Appfunction (henceforth also known as we or us or our) is subject exclusively to these Terms and Conditions (henceforth also known as Agreement). Additionally, your use -- whether it be free or paid -- of any Appfunction service or product provided through Appfunction.com or SecureLocalhost.com or SecureLocalhost.net or provided by an Onsite Appfunction Tech or an Offsite Appfunction Remote Tech or through an Appfunction API or through a Purchase Order to Appfunction or through a Purchase Order made by Payment Reference ID (e.g., a check paid by You to Appfunction) or through your signed acceptance of an Appfunction Quotation for Service or through your verified acceptance of any Appfunction offer via email or logging into any system owned by Appfunction automatically promotes You to a person who holds an Appfunction account (including but not limited to the title of an Appfunction: Customer Account, Client Account, User Account, Agent Account, Developer Account, Server Drive Service Account, Storage Account, Service Account, Website Account, or Email Account), and You will be henceforth also known as an Appfunction Customer or an Appfunction Client and You agree to all the following Terms and Conditions, including all the sections outlined enclosure within this Agreement. As an Appfunction Customer, You agree that Appfunction nor its employees can ever enter into a Non-Compete agreement with You or your organization; that is to say, You agree never to bar us or attempt to bar us from doing business with or selling products to any entity or person or group or competitor or organization or company, should we so choose to do business with them. Additionally, You agree that any previous Non-Compete or Non-Competition contracts or agreements between You and Appfunction, or any employee working for Appfunction, or any contractor working for Appfunction are null and void, as of Feb 20, 2020; that is to say, You agree that any such previous contractual stipulation entered into between us and You before Feb 20, 2020 has no force, nor binding power, nor validity, and You agree never to bar us or attempt to bar us from doing business with or selling products to any entity or person or group or competitor or organization or company that we currently do business with or may choose to do business with in the future, and You agree not to seek damages including monetary restitution, and You agree not to bring legal action of any kind against Appfunction or its employees or its contractors in the event that we or a contractor working for us, does business with any competitor of yours, and You agree to hold Appfunction and its employees and its contractors harmless from and against any-and-all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims brought upon us by You or any litigator representing You or any attorney representing You or any organization representing You or any person or entity representing you. As an independent contractor Appfunction reserves the right to provide products and services to any person, or to any company, or to any organization of Appfunction's choosing. Appfunction will supply You with a copy of your Customer ID and Customer PIN, upon request; to receive a copy of your Customer ID and Customer PIN information, please contact info@appfunction.com with the subject line, "Please send me a copy of my Appfunction Customer ID and PIN." Appfunction does not accept payment from anyone other than the Appfunction Account Holder who ordered the service(s) or product(s); in the event a business or organization renders payment, the name listed on the payment (e.g., the name signed on a check's signature line) must be the same name as the name listed on the Appfunction Customer Account who ordered the service(s) or product(s). Appfunction reserves the right to change or remove (temporarily or permanently) any service, page, or part of the Appfunction.com website or any website owned by Appfunction or Appfunction's Webmail or Appfunction's Support Ticket Module or an Appfunction API without notice to You, and You confirm that Appfunction will not be liable to You for any such change or removal. Appfunction reserves the right to change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, or pricing) as advertised on this website at any time without notice and You confirm that Appfunction will not be liable for any such change or removal. Appfunction reserves the right to change or discontinue any promotional discount (including but not limited to services, vouchers, or coupons) at any time, and You confirm that Appfunction will not be liable for any such change or removal. If You receive products from Appfunction or You use services provided by Appfunction, and You pay for those services and products on a month-to-month basis, You will be given notice of any changes to these Term and Conditions before your next month's payment is due; that notice will be given in the form of a memo written on an invoice for your next month's payment; payment of that invoice will be deemed your acceptance of any-and-all changes we make to our Term and Conditions; until You receive that notice You will be to bound which ever previous version of our Terms and Conditions was applied to your last, most recent invoice; copies of our pervious Terms and Conditions can be found in our Archives section, see the bottom of this page for more details. These Terms and Conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matters covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. No oral explanation or oral information given by any party will alter the interpretation of these Terms and Conditions. In agreeing to these Terms and Conditions, You have not relied on any representation other than those expressly stated in these Terms and Conditions and You agree that You will have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement. This Agreement and all matters arising from it are governed by and construed in accordance with the laws of Texas in The United States of America, whose courts will have exclusive jurisdiction over all disputes arising in connection with this Agreement and your use of Appfunction.com or our services or our products. In all things You agree that the place of performance of this Agreement will be the state of Texas in the United States of America. You agree to indemnify and hold Appfunction and its partners, employees, or agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Appfunction and its partners, employees, or agents arising out of any breach by You of these Terms and Conditions or other liabilities arising out of your use of this website or any Appfunction service. In the event that any provision of this Agreement is declared by any judicial authority to be void, voidable, not legal or otherwise unenforceable or indications of the same are received by us from any relevant judicial authority, we will amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement will remain in full force and effect. Appfunction.com is provided on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. Appfunction does not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Appfunction disclaims any liability relating thereto. To the extent permitted by law, Appfunction will not be liable for any indirect or consequential loss or damage whatsoever (including, without limitation, loss of business, opportunity, data, or profits) arising out of or in connection with the use of the Appfunction.com website and any Appfunction service or product. Appfunction makes no warranty that the functionality of Appfunction.com or SecureLocalhost.com or SecureLocalhost.net will be uninterrupted or error free, that defects will be corrected, or that Appfunction.com or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Appfunction.com may include links to third party websites that are controlled and maintained by others; any link to another's website or websites is not an endorsement of such websites and You acknowledge and agree that we are not responsible for the content or availability of any such websites.
[Provision 2] Only one (1) domain name is supported on an Appfunction Server Drive Service Space per Customer Account.
[Provision 3] Appfunction does provide unlimited bandwidth to some of our Server Drive Service Account Holders. Appfunction makes no guarantees that our server's network provider or any other network provider(s) or ISP(s) outside of Appfunction's control may or may not increase or decrease bandwidth usage directed at a particular website.
[Provision 4] It is the sole responsibility of a Server Drive Service Account Holder to ensure that the total combined size of all of their email's files or data does not exceed 10% of their total server drive service. Appfunction does warn Server Drive Service Account Holders, via email, if they are about to fill more than 7% of the total server drive service. Once a Server Drive Service Account Holder has reached their email storage limit, Appfunction's software will notify them that they have reached their limit and prevent a Server Drive Service Account Holder and their users from sending or receiving any further emails. Appfunction does not back up email data of any kind (e.g., email files; e.g., email attachments). Email backing up and email backup management will be a Server Drive Service Account Holder or Email Account Holder's sole responsibility. Generally, Server Drive Service Account Holders back up their email to a computer app (e.g., Microsoft's Outlook email app) or a web-service (e.g., Google's Gmail email web-service). If You are accessing your email, over our mail server(s), via IMAP or POP3 (e.g., using the Outlook email client app), You agree that we may limit your webmail account(s) accessing our mail server(s) to 400 Megabytes (MB). That stipulation applies to each and every one of your users who has access to your email boxes and addresses. To avoid quota warnings and errors, please ensure that your email client app is set to remove email copies from our mail server(s) after pulling emails. Additionally, You may need to empty your SPAM or JUNK mail folders regularly to avoid quota warnings and errors. Appfunction does warn Server Drive Service Account Holders, via email, who access their email via IMAP or POP3 if they are about to fill more than 400 MB of webmail drive service.
[Provision 5] It is the sole responsibility of a Server Drive Service Account Holder to ensure that the total combined size of all of their databases, including a Server Drive Service Account Holder's total number of database backups, does not exceed their account's data limit. Appfunction has various measures in place to prevent databases from exceeding their limit. Once a Server Drive Service Account Holder has reached their data storage limit, Appfunction's software will notify them that they have reached their data entry limit and prevent a Server Drive Service Account Holder and their users from entering any further data into a database. For a database's size to bypass those measures, said database would have had to have been forcefully installed to a Server Drive Service Account Holder's Appfunction account. Appfunction reserves the right to delete any SQL database that exceeds a Server Drive Service Account Holder's SQL server drive service limit without notice to the offending Server Drive Service Account Holder. However, Appfunction will make every possible effort to resolve said problem without deleting a database.
[Provision 6] For those clients who receive SQL Data Backup services, on any given day, between the hours of 3:01 AM EST to 5:00 AM EST, while a Daily SQL Data Backup is being created, a Server Drive Service Account Holder's website may become inaccessible to the Server Drive Service Account Holder, their users, or the general public. No single Daily SQL Data Backup may exceed 3 Gigabytes (GB). A single SQL Data Backup is held in backup storage memory for seven (7) days. After seven (7) days a SQL Data Backup will be overwritten. To conserve time and processing energy, Daily SQL Backups may be created and stored in a compressed format. Appfunction does not provide access to Daily SQL Data Backup data to anyone other than Appfunction's personnel. For those clients who receive offsite storage (Earth) SQL Data Backup services, offsite SQL data backups are held in memory for seven (7) days.
[Provision 7] For those clients who receive File Backup services, on any given day, between the hours of 3:01 AM EST to 5:00 AM EST, while a Weekly File Backup is being created, a Server Drive Service Account Holder's website may become inaccessible to the Server Drive Service Account Holder, their users, or the general public. A total of nine (9) Weekly File Backups, per server drive service account, will be stored on Appfunction's server at any given time. During the creation phase of a tenth Weekly File Backup the oldest previous Weekly File Backup will be overwritten. To conserve time and processing energy, Weekly File Backups may be created and stored in a compressed format. It is the sole responsibility of a Server Drive Service Account Holder to ensure that the total combined size of all of their files, including backup files, does not exceed their account's data limit. Appfunction does warn Server Drive Service Account Holders, via email, if they are about to fill more than 75% of their server drive service. Once a Server Drive Service Account Holder has reached their file storage limit, Appfunction's software will notify them that they have reached their maximum upload limit and prevent a Server Drive Service Account Holder and their users from uploading any further files. Appfunction does not provide access to Weekly File Backup data to anyone other than Appfunction's personnel. For those clients who receive offsite storage (Earth) File Backup services, offsite file backups are held in memory for one (1) week.
[Provision 8] For those clients who receive Server Config Backup services, every month Appfunction creates a backup of a Server Drive Service Account Holder's entire server drive service's configuration (Server Drive Service Config Backup). This ensures that if a problem arises, Appfunction can get a Server Drive Service Account Holder's email and website back up and running fast. Appfunction only retains one Server Drive Service Config Backup per server drive service account. Each month, when a new backup is created, the previous month's Server Drive Service Config Backup is overwritten. To conserve time and processing energy, a Server Drive Service Config Backup may be created and stored in a compressed format. Appfunction does not provide access to Server Drive Service Config Backup data to anyone other than Appfunction's personnel. For those clients who receive offsite storage (Earth) Server Config Backup services, offsite config backups are held in memory for one (1) month.
[Provision 9] Appfunction does not provide code to patch security issues for websites that do not possess a valid Premium/EV--or comparable--SSL Certificate. Said Premium/EV--or comparable--SSL Certificate must have a strong encryption algorithm--128 bit minimum--and transmit a client's identification information. Standard/General SSL Certificates do not meet Appfunction's minimum encryption and data transmission requirements. If Client fails to provide any change of name information--should that occur, or any change of address information--should that occur, or change of business classification information--should that occur, or any other information--should it change--that is applicable and necessary for transmitting a client's identification information within a Premium/EV--or comparable--SSL Certificate, when it is being used to protect or in conjunction with a website or an online service, and that failure results in a lapse of Premium/EV--or comparable--SSL Certificate coverage, and Client wishes to keep their website, email, apps, etc. protected with a Premium/EV--or comparable--SSL Certificate after a coverage lapse occurs, Client agrees to pay Appfunction a $900.00 'Premium/EV SSL Certificate Coverage Lapse Fee' to cover the costs Appfunction will undoubtably suffer as a result Client's negligence or oversight. A lapse in Premium/EV--or comparable--SSL Certificate coverage due to misinformation or the withholding of information requires numerous hours, often days, on Appfunction's part and the part of its vendors to correct the coverage lapse. It often involves the repurchase and replacement of Premium/EV--or comparable--SSL Certificate(s) by Appfunction and its vendor(s) or certificate issuer(s). Vendor(s) or certificate issuer(s) typically charge three to four times a Premium/EV--or comparable--SSL Certificate's normal cost to correct or reissue, if it lapses due to misinformation or the withholding of information; often because the certificate issuer must also spend numerous additional hours or days to check, then double check, then triple check the validity of a client's identity information, once and if that client's identity information is correctly provided to the issuer. If a lapse in Premium/EV--or comparable--SSL Certificate coverage occurs, Appfunction will temporarily install a Standard/General SSL Certificate if, and only if, Client provides such a certificate to Appfunction (e.g., if Client received a free Standard SSL Certificate when they purchased a domain name from NetworkSolutions, Appfunction could use that Standard SSL Certificate, from NetworkSolutions, as a stopgap measure until a problem with a lapsed EV SSL Certificate was remedied). It will be at Appfunction's sole discretion to waive all or part of a 'Premium/EV SSL Certificate Coverage Lapse Fee' if it is owed by Client, and Client wishes to keep their website, email, apps, etc. protected with a Premium/EV--or comparable--SSL Certificate after a coverage lapse occurs.
[Provision 10] Client acknowledges that data, on any type of data-storage-device (server, computer, tablet, phone, CD, DVD, Flash drive, SD Card, etc.), can become corrupt or unusable; this includes, but is not limited to, Client's own data (files, databases, emails, etc.). And Client acknowledges that to the fullest extent allowed by law, in no event will Appfunction be responsible or liable for any indirect or consequential loss or damage whatsoever (including, without limitation, loss of business, opportunity, data, or profits) that Client may incur, ever, arising out of or in connection with Client's use of any Appfunction service or product.
[Provision 11] Generally it is Client's sole responsibility to notify any of their other party vendors (e.g., Comcast) that they will no longer require that vendor's service(s). If Client elects to have Appfunction contact one of Client's other party vendors on Client's behalf, for any reason, including if Client requests that Appfunction asks one of Client's other vendors to stop providing Client a service, Client agrees to pay Appfunction's 'Temporary Project Management' rate of $290.00 per hour. Additionally, if Client requests that Appfunction recover any of Client's money or lower Client's bill from one of Client's other party vendors, Client agrees to pay Appfunction 15% of the money Appfunction saves/recovers for Client. Example: Client stops using Comcast's Internet service and switches to Time Warner Cable's Internet service. During the switch Comcast tells Client they will owe Comcast a $767.89 Early Termination Fee. Client asks Appfunction to speak with Comcast on their behalf in hopes that Appfunction can convince Comcast to reduce Client's bill. Appfunction calls Comcast, on Client's behalf, and Appfunction convinces Comcast to lower Client's Early Termination Fee from $767.89 to $67.89; a savings of $700.00. At which point Client would owe Appfunction $105.00; 15% of the $700 saved, plus any associated 'Temporary Project Management' or 'Long Term Project Management' hourly fees.
[Provision 12] Client acknowledges that during migration from one server drive service to another their website(s), file(s), database(s), email data, or email inbox(es) may be inaccessible for up to 48 hours.
[Provision 13] All services and products offered within an Appfunction quotation or invoice for ongoing service (e.g., monthly server drive service) will remain in effect, without interruption, for the period outlined within the quotation or invoice, so long as Appfunction receives payment from Client for all agreed upon daily, monthly, etc. payments (fees, charges, etc.) on or before the due date and so long as Client abides by the Terms and Conditions set forth within this Agreement.
[Provision 14] 365 calendar days after Appfunction's first receipt of payment from Client, for an initial month-to-month service of quotation or invoice (henceforth also known as a month-to-month plan), Appfunction reserves the right through the issuance of a written notice sent out 30 calendar days prior to Client's next scheduled payment date for month-to-month service to raise or lower the monthly rate Appfunction charges Client for any month-to-month plan -- notice may be sent out via email or post mail; and that new rate will remain in effect for 60 calendar days from the date Appfunction invoices for that new rate change; after the aforementioned 60 calendar days, and every 60 calendar days thereafter, Appfunction reserves the right through the issuance of a written notice sent out 30 calendar days prior to Client's next scheduled payment date for month-to-month service to raise or lower the monthly rate Appfunction charges Client for any month-to-month plan -- notice may be sent out via email or post mail. If Client receives a notice from Appfunction about a price increase or decrease to Client's month-to-month plan, and, if, within 10 business days, Client does not contact Appfunction to dispute or attempt to negotiate those month-to-month plan price adjustments, or Client does not properly notify Appfunction that Client wishes to terminate some or all services associated with Client's month-to-month plan, Client agrees, by default, to pay Appfunction's adjusted invoice amount. Optionally, if, Client wishes, when Client receives a notice of Appfunction's intent to raise or lower the charges Appfunction applies to Client's month-to-month plan, Client can request a 'rate negotiation' and enter in to a '5 Years Term Contract.' The '5 Years Term Contract' will begin after a rate -- to be paid in monthly installments, over a period of 60 months (i.e., 5 years) -- is established between both Appfunction and Client, and after Client provides Appfunction the first payment for the '5 Years Term Contract;' further, Client agrees, for a period of 5 years, to continue paying Appfunction the agreed upon monthly rate on or before the first day of every month; and Appfunction agrees to continue invoicing Client at the same monthly rate established during the 'rate negotiation' for a term of 60 months. After that 60 months term a new 'rate negotiation' may commence, or Appfunction may once again begin raising or lowering the amount Appfunction bills to Client -- for Client's month-to-month plan -- every 60 calendar days, after Appfunction gives Client notice. If Client enters into a '5 Years Term Contract' with Appfunction, and Client breaches that contract, by electing to terminate one or more of their month-to-month service(s) before the end of the 60 months term, Client agrees that Appfunction will have the right to charge and can charge Client the full amount for any-and-all remaining unpaid months left on the contract; and Appfunction will have the right to charge and can charge Client a $25,000.00 '5 Years Term Contract Breach Fee' if Client terminates one or more of their month-to-month service(s) before the end of the 60 months term. Example - Breaching The '5 Years Term Contract:' After 10 months of receiving website server drive service from Appfunction, a client -- who has an established '5 Years Term Contract' with Appfunction, at a rate of $1,000.00 a month -- sends Appfunction written notice that they wish to terminate service; that premature termination would give Appfunction the right to invoice that client for 50 months (the remaining server drive service months) multiplied by $1,000.00 (the established monthly rate), for a subtotal of $50,000.00; additionally, in this example, Appfunction can charge the client a $25,000.00 '5 Years Term Contract Breach Fee,' for a grand total of $75,000.00.
[Provision 15] At Appfunction's discretion, with regards to clients who are set up on a 'reoccurring payment schedule,' Appfunction sends out invoice notices to help keep those clients aware of their payment's approaching due date or make them aware of updates to Appfunction's Terms and Conditions. With respect to clients who are set up on a 'reoccurring payment schedule,' invoice notices will contain the amount Client owes and may contain important account/policy update information. Failure to receive a bill/invoice, once a payment schedule has been established, does not relieve Client from their responsibility to ensure that Appfunction receives Client's payment on or before the due date.
[Provision 16] Appfunction must receive an invoice's full payment--including any fees assessed against said invoice--on or before its due date. All previous invoices' balance(s) are due immediately. Payments received after an invoice's due date will be assessed a 'Processing Fee.' Postmarks stamped on payment envelopes, sent to Appfunction, will not be honored; that is to say, it will be at Appfunction's sole discretion to determine if an invoice payment is late, if that payment is received after its due date, regardless of the date it was mailed out on to Appfunction. Nonpayment of an invoice, by its due date, gives Appfunction the right, one (1) business day after its due date, to suspend or disable or halt supporting any products, or coding services, or warranty services, or server drive services, or customer support services, or technical support services, or any service(s) outlined within an invoice that is in arrears, until that invoice is paid in full including any 'Processing Fee(s)' associated with said invoice. Outstanding invoice(s) and fee(s) must be paid in full, in order to restore halted, suspend, or disable service(s). Payments received after their due date will be assessed a $25.00 per day 'Processing Fee'. Accrued 'Processing Fee(s)' may be issued as standalone invoices and are due within 3 business days of their issuance, or they may be attached to a pending invoice for reoccurring monthly service and are due on or before said pending invoice's due date.
[Provision 17] At Appfunction's discretion, we may provide a grace period for payments received after their due date. That is to say, if, and only if, Appfunction receives a post-mailed payment from Client within calendar 3 days of the due date, and if, and only if, the envelope containing that payment is postmarked with a stamp indicating that it was mailed on or before the due date, Appfunction may waive all or any 'Processing Fee' associated with said payment that is late. Please make every effort not to take unfair advantage of that policy. We reserve the right to use or not to use this provision. Please ensure we receive your payment on or before its due date.
[Provision 18] If Client fails to comply with the payment schedule set forth within an Appfunction quotation or invoice, and Client becomes delinquent on their scheduled payment(s) for more than 60 business days, or If Client fails to pay an invoice's balance within 60 business days of an invoice's due date, if Appfunction so chooses, Appfunction will have the right to place all of Client's files and data on a data-storage-device of Appfunction's choosing, and, if Appfunction so chooses, mail those contents to Client, and then delete all of Client's files and data from Appfunction's servers; including but not limited to Client's: file(s), website(s), database(s), email inbox(es), email forwarder(s), email configuration file(s), backup(s), DNS/A Record(s), MX/Cname Record(s), SSL Certificate(s), and Dedicated IP address(es); if Appfunction so chooses to use any part of said right. And, Appfunction will have the right to stop giving or supporting any services listed herein or preclude Client access to any service listed herein. In general, Appfunction will make every possible effort to work with Client, if Client is having difficulty making their monthly scheduled payments, before deleting any of Client's files or data.
[Provision 19] With respect to server drive service, if Client fails to comply with a payment schedule set forth within an Appfunction quotation or invoice, Appfunction will have the right to suspend Client's Appfunction server drive service account. Until all delinquent monthly payments and all late fees as outlined in this Agreement have been paid in full, Appfunction will have the right to withhold technical support service, server drive service management and maintenance service, backup management service, any-and-all programming services, security threat patching code, product support service, and extended warranty service. All delinquent monthly payments and all late fees as outlined in this Agreement must be paid in full before Appfunction will reinstate a disabled server drive service account.
[Provision 20] If Client provides a payment to Appfunction that does not clear Appfunction's financial institution, or that of a contractor or agent collecting funds on our behalf, due to, but not limited to, any of the following reasons: insufficient Client funds (e.g., a bounced check), an incorrectly formatted payment (e.g., a check made out to the wrong person), or any other scenario created as a direct result of Client's negligence or oversight, Client will pay any-and-all late fees as outline in this Agreement, associated with delays caused by their faulty payment. Client will pay any-and-all financial institution fees incurred by Appfunction as a direct result of Client's faulty payment. Client will pay a $35.00 'Financial Institution Penalty Fee' for each financial institution fee that Appfunction incurs as a direct result of Client's faulty payment. Client will pay Appfunction a $10.00 'Returned Faulty Payment Fee' for each payment Client wants returned, if Client requests the original payment(s) be sent back to them (e.g., a client would incur seven (7) $10.00 'Returned Faulty Payment Fees', $70.00 in total, if they asked Appfunction to send seven (7) bounced client checks back to them). Within ten (10) days receipt of notification by Appfunction to Client, that Client has supplied Appfunction with a faulty payment, it is Client's sole responsibility to request their faulty payment be returned. If Client fails to request the return of their faulty payment Appfunction will destroy said payment (e.g., shredding a client's check). All faulty payments will be returned to sender (client) via United States Postal Service standard post mail, to the mailing address Appfunction has on file for the invoice the faulty payment was originally intended for; however, if, within five (5) days receipt of notification by Appfunction to Client, that Client has supplied Appfunction with a faulty payment, if Client requests, via an email sent to info@appfunction.com, that Client wishes to have their faulty payment be returned to them at a different mailing address than the one Appfunction has on file, Appfunction will attempt to accommodate that request, if Client provides Appfunction a correctly formatted, true, and viable mailing address; however, we make no guarantee that we can accommodate such a request; and Client acknowledges that in order to accommodate such a request, additional charges may apply.
[Provision 21] With respect to Appfunction products and services that Client receives on a reoccurring monthly basis (including, but not limited to: server drive service accounts or server drive services or warranty services), if Client elects to terminate paying Appfunction for reoccurring monthly Appfunction products and services, Client agrees, that at least 28 business days prior to Client's 'desired date to terminate,' Client must give Appfunction written 'notice to terminate;' for security purposes, that notice must be in writing, i.e., printed, and that notice must be signed by Client, and that notice must specify Client's exact 'desired date to terminate' (including: day number, month, and year), and that notice must be mailed to Appfunction (preferably via the United States Postal Service's certified mail); Appfunction's mailing address can be found on the heading of any Appfunction invoice, or, for online security and privacy reason's, Appfunction's mailing address is provided upon request; that request must be emailed to info@appfunction.com, subject must read "Please provide Appfunction's mailing address." Further, unless Client notifies Appfunction 180 business days prior to Client's 'desired date to terminate' Client agrees to pay a 'Termination Fee' equal to 6 times the total amount due on Client's last invoice for said reoccurring monthly Appfunction products and services that Client has elected to terminate paying for. E.g., if a client's last invoice was for $100, they would owe a $600 Termination Fee' if they did not give Appfunction at least 180 business days prior 'notice to terminate' from said client's exact 'desired date to terminate.' Upon providing Appfunction 'notice to terminate,' it will be Client's sole responsibility to remove their data from Appfunction's servers; unless Client makes prior arrangements with Appfunction to aid Client; Appfunction reserves the right not to aid Client in the removal of Client's data, even upon request. Upon Appfunction's receipt of Client's 'notice to terminate' and one (1) business day after the final day that Client has paid for, for reoccurring monthly Appfunction products and services, Appfunction will delete from its servers all of Client's data; including but not limited to Client's: file(s), website(s), database(s), email inbox(es), email forwarder(s), email configuration file(s), backup(s), DNS/A Record(s), MX/Cname Record(s), SSL Certificate(s), and Dedicated IP address(es). Upon Appfunction's receipt of Client's 'notice to terminate' and one (1) business day after the final day that Client has paid for, for reoccurring monthly Appfunction products and services, Appfunction will discontinue providing any-and-all website software warranty services, programming services, data backup services, backup management, data management, SSL Certificate management, server management, server maintenance, and server drive services associated with Client's last paid invoice for said reoccurring monthly Appfunction products and services that Client has elected to terminate paying for.
[Provision 22] Appfunction's normal business hours are Monday - Friday, 9:00 AM - 5:00 PM CST. If Client requests to have Appfunction solve a problem over a weekend period (weekend period, within the context of this Agreement, is defined as a Saturday or Sunday) or outside Appfunction's normal business hours or on a Federally recognized USA holiday or during any period that Appfunction has notified Client through an email or on Appfunction's website that Appfunction will be out of the office or on a Texas State recognized holiday, Client will be assessed an 'Emergency Level Problem / Rush Job' rate of $275.00 per hour, and that amount will be added to the regular hourly rate applicable to the service(s) requested, and that sum will be affixed to any outstanding invoice. If Client requests to have Appfunction solve a problem by a specific date (deadline), Client must inform Appfunction of the deadline 20 business days prior to the deadline; if Client does not give Appfunction 20 business days prior notice of a deadline's due date, Client agrees to pay Appfunction an 'Emergency Level Problem / Rush Job' rate of $275.00 per hour, and that amount will be added to the regular hourly rate applicable to the service(s) requested, and that sum will be affixed to any outstanding Client invoice. An 'Emergency Correction Fee' will be affixed to any outstanding Client invoice, if, Client, or any of their users, or one of their vendors who offer direct service(s) to Client's website, allows Client's website to fall into a state which has the potential to do harm to or does do harm to Appfunction's database server drive services or website server drive services or file server drive services or email server drive services. Example 1: A client allows their website's users to upload files that contain viruses to their website, then Appfunction has to write emergency code to stop the virus and prevent that event from ever happening again. Example 2: A client allows thousands of their users to run code through their website that overloads an Appfunction server drive service's processing power; then to stop that process, Appfunction is forced to write emergency protocols to prevent that event from ever happening again. 'Emergency Correction Fees' will be billed on a case-by-case basis, at a competitive market rate (price), and may include the price of parts, labor, and licensing fees.
[Provision 23] Appfunction has the right to permanently bar You from accessing some or all of our services, related to an invoice that You have not paid on time, if You are delinquent for more than the net terms stated on your original invoice, and delete (destroy permanently), within the guidelines set-forth in this Agreement, any-and-all files and data belonging to You or your users, that is housed on any of our equipment, without notice to you.
[Provision 24] Out-Of-Scope billable hours are billed at a rate set between Appfunction and You through a prior verbal or written contract. Out-Of-Scope hourly rates do not apply to client requests for services that Appfunction already offers at a set rate (price).
[Provision 25] If Client requests that Appfunction develop written content (often referred as, copy) for Client's website(s), app(s), publication(s), etc., Appfunction charges an hourly 'Content Copy Development' rate, listed on Appfunction.com/rates, to develop said content/copy. Appfunction does, upon request, produce step-by-step how-to-guides (often referred as, mini-manuals) to teach Appfunction clients how to accomplish certain tasks using Appfunction's products or the products of other companies; Appfunction charges an hourly 'Product How To Guide Development' rate, listed on Appfunction.com/rates, to develop said how-to-guides. Appfunction does, upon request, produce partial and full training manuals for products that we provide; and Appfunction charges an hourly 'Product Manual Development' rate, listed on Appfunction.com/rates, to develop said training manuals. Training, generally made in-person or via tele-conference, by Appfunction to You, or any of your users, employees, customers, etc. is billed at a rate of $90.00 per hour, after a participant's initial four (4) hours of standard CMS training or after a participant's initial one (1) hour of standard module training. At our discretion and upon request only, Appfunction generally offer's a $55.00 per hour, per participant discount if two (2) or more training participants make themselves available at the same time, in the same place. Example 1: If three (3) employees show up to the same room, at the same time for training on an Appfunction module, and if they each needed five (5) hours of training to fully understand how the module worked, Appfunction would charge the company/client $660.00 to train those employees; 3 employees times 5 hours times $55.00 an hour equals $825.00, minus 1 free hour for each participant, i.e. 1 hour times 3 participants times $55.00 equals a $165.00 automatic discount applied to the initial $825.00 training bill for a total training cost of $660.00. Example 2: If one employee required seven (7) hours of CMS training, the initial four (4) hours would be free, so the company/client would pay Appfunction for three (3) hours of training at a rate of $90.00 per hour, i.e. 3 hours times $90.00, for a total training cost of $270.00. Appfunction does not offer discounts for retraining, nor does Appfunction give any free hours to You, or any or your users, employees, customers, etc. if You or they require retraining. Example 3: If You forget how to use your CMS and You request to be retrained by Appfunction, and it takes six (6) hours for an Appfunction team member to retrain You, You must pay Appfunction $540.00, i.e. 6 hours times $90.00 per hour minus absolutely no discounts nor any waived hourly fees, for a total training cost of $540.00. Failure to pay an Appfunction invoice for training (retraining) will permanently bar You, or any of your users, employees, customers, etc. from ever receiving future training or retraining from Appfunction, until You pay in full all outstanding invoices for training.
[Provision 26] At Appfunction's discretion, Appfunction may waive our hourly rate when performing Out-Of-Scope or Training billable hour tasks.
[Provision 27] At Appfunction's discretion, Appfunction may reduce the price or completely waive the cost of a module offered in our product catalog.
[Provision 28] If Appfunction sees or is notified of a defect (bug) in Appfunction's software, Appfunction will fix said defect(s) per the terms of any prior, in-force warranty contract Appfunction has with a client. If no warranty (standard or extended) has been established or is in-force, Appfunction's Off-Warranty rate to assess and correct said defect(s) is listed on Appfunction.com/rates.
[Provision 29] If Client requests that Appfunction research a topic for Client, or, if Client requests that Appfunction develop one or more solutions for a problem that Client has brought to Appfunction's attention (1) Client agrees to pay Appfunction's 'Research & Development' hourly work rate, listed on Appfunction.com/rates, for each hour Appfunction dedicates to Client's research/development request; (2) Client acknowledges that, if said request requires Appfunction to use or requires Appfunction to access certain equipment or items or software or services -- that are neither owned by Appfunction, nor freely accessible to Appfunction -- then Client agrees to pay Appfunction's 'Research & Development Equipment Expenditure Fee'; that 'Research & Development Equipment Expenditure Fee' is not a set amount; that fee's grand total amount is comprised of the following: (a) the total and full purchase price -- including any-and-all associated taxes or fees -- for any-and-all equipment/items/software/services Appfunction had to purchase, and (b) a $25.00 administrative charge, charged per each and every piece of equipment or item or piece of software or service purchased by Appfunction; though, on a case by case basis, Appfunction, at their sole discretion, may waive all or only a portion of that fee; (3) Client acknowledges and agrees that, because Client neither directly paid for any of the equipment/items/software/services, nor directly gave the equipment/items/software/services to Appfunction, that Client is not entitled -- at any point in time -- to receive said equipment/items/software/services, and that all equipment/items/software/services -- both during the course of Appfunction fulfilling Client's research/development request and in perpetuity -- shall at all times remain Appfunction's sole property and remain in Appfunction's sole custody. If Client wishes to avoid paying a portion, and in some cases, all of Appfunction's 'Research & Development Equipment Expenditure Fee', Client must provide Appfunction every piece of equipment or provide Appfunction with any-and-all necessary software or give Appfunction access to any-and-all relevant services or provide Appfunction with any-and-all items relevant to Client's research/development request prior to Appfunction commencing work on Client's request; and, Appfunction agrees, that all nonperishable and unused items or equipment, provided to Appfunction by Client, will be returned to Client once Appfunction has fulfilled Client's research/development request; software and services will only be returned at Appfunction's sole discretion; and (4) Client agrees that Appfunction will, at Appfunction's sole discretion, have the right to erase any-and-all data from any device Appfunction used in the course of its research or development duties; even if Appfunction is returning said device to Client. Any-and-all methods, items, or code/software, developed by Appfunction, that where not agreed upon prior, by both parties, to be Client's sole intellectual property, shall remain Appfunction's sole intellectual property during and after Client's research/development request has commenced and ended, respectively; nor will any method, item, or code/software, developed by Appfunction, that is agreed by both parties to become Client's intellectual property, actually become Client's intellectual property until Appfunction has received payment, from Client, in full, for all work done by Appfunction relevant and in relation to Client's research/development request, and only after Appfunction signifies that they have completed Client's research/development request.
[Provision 30] As stated within each and every one of their individual installation packages or licensing files, modules or designs or code snippets created by Appfunction, commonly referred to as Appfunction products -- even after purchase by Client, and even after installation onto Client's system or into another party's system -- will, do, and at all times shall remain the sole intellectual property of Appfunction, and those products' intellectual rights and copyrights are nontransferable. Clients, or any other party, may not duplicate, sell, or reverse-engineer Appfunction's products in any way, shape or form, ever.
[Provision 31] Modules created by Appfunction but not installed by Appfunction are sold as is and without any warranties, expressed or implied. Appfunction does not offer refunds for modules that Appfunction does not install. As stated within a module's licensing file, Appfunction provides, free of charge, a 30 business day warranty for any module created and installed by Appfunction. Appfunction guarantees (for up to 30 business days, after installation) that a module will work as advertised. Furthermore, Appfunction will fix any defects reported to Appfunction during a module's 30 business day warranty period, free of charge or provide a full refund (within 30 business days of install). An Extended Warranty can be purchased from Appfunction for any module within 365 days of installation. However, if an Extended Warranty is ordered for purchase after its 30 business day expiration date and before its final allowable date of purchase, Appfunction reserves the right to audit said module, which Appfunction may or may not perspectively warranty, including said module's entire code base and its data before agreeing to supply an Extended Warranty. Appfunction does charge a $260.00 flat evaluation fee to preform audits on modules whose warranties have expired. Appfunction preforms an audit to ensure that no other party has altered or damaged Appfunction's code. Appfunction does not fix/correct alterations or damage caused by others for Out-Of-Scope or Off-Warranty rates. Appfunction does fix/correct alterations or damage caused to our programs by other parties at a rate of $420.00 per hour, 5 hour minimum. If You make a request to Appfunction, to have us update or modify Appfunction code, that no longer has a valid warranty, You agree to pay Appfunction's 'Code Updates Off Warranty' hourly rate of $240.00; a $260.00 flat evaluation fee applies to that stipulation as well.
[Provision 32] Upon request or when Client purchases an extended warranty for an Appfunction products and services, Appfunction provides and installs, free of charge, an Appfunction Support Ticket Module, unless specifically instructed not to by Client. Our Support Ticket Module allows app and website users to report defects (bugs) directly to Appfunction, for apps and websites built by or administered by Appfunction. If You request to have Appfunction's Support Ticket Module integrated into your website or application or You purchase an extended warranty for an Appfunction products and services, and You or a member of your organization choose to respond to users' messages via Appfunction's Support Ticket Module, once You begin responding to user messages (tickets) for any reason, including but not limited to: technical support issues, billing issues, shipping issues, etc., You agree to pay Appfunction $3.50 for each new ticket that enters Appfunction's Support Ticket Module, regardless if the issue is defect related or related to any other matter; since You are now using Appfunction's Support Ticket Module for your own purposes, outside the module's original intention; to report bugs to Appfunction. Additionally, to alleviate confusion for users (your users), upon the very first instance of You or a member of your organization choosing to respond to your users' messages via Appfunction's Support Ticket Module, You agree to grant Appfunction permission to act on your behalf or on the behalf of your business as a 'Support Ticket Agent.' As a 'Support Ticket Agent,' Appfunction will respond to any users' questions, posed through a ticket, so long as the question posed by the user is something Appfunction can easily answer via general knowledge about You or your business (i.e., Appfunction will answer any simple questions that your users could themselves discover the answer to, if they read your website's Frequently Asked Questions pages or one of your app's Policy sections or any similar informational page or section on your website or app). Further, You agree, Appfunction will also have the ability to complete simple tasks to help your users (e.g., Helping a user reset their password; e.g., Voiding or canceling or refunding or partially-refunding a user's incorrectly placed order, if You or your business has a 'no questions asked order refund policy' or a 'no questions asked order cancelation policy' or a 'no questions asked order voiding policy' or a similar 'refund for any reason policy' stated on your website; e.g., Setting up a user's forum groups' membership permissions; e.g., Helping a user re-install a game item.). As compensation for our efforts as a 'Support Ticket Agent' working for You, You agree to pay Appfunction a fair market rate of $16.25 per correspondence message sent by us to any of your users. You agree that You and your users will not abuse Appfunction's Support Ticket Module. If You or your users abuse the Support Ticket Module You will be charged (invoiced) a $800.00 'module abuse penalty fee,' and You and your users will be bared access to the Support Ticket Module until that fee is paid in full, to us. You acknowledge and agree that the closing of an open ticket is always at Appfunction's discretion, without notice to You, your staff, or your users.
[Provision 33] Client agrees to never store their own or their clients' or their customers' or their users' or anyones' credit card information within a database or a file or an email stored on an Appfunction server drive service, with the exception of a credit card's vendor name (e.g., VISA) or a credit card holder's name as it appears on their credit card or the last four (4) digits of a credit card account holder's card number. If You are caught storing credit card information (e.g., a credit card's expiration date or the full credit card account holder's credit card number) You will be assessed a $17.77 'Credit Card Abuse Fee' for every day that the information remains on an Appfunction server drive service, after Appfunction has notified You of the infraction. That charge(s) will be applied to your next month's service invoice. If those fees are not paid in full within the guidelines of the net terms specified on the invoice, all your Appfunction services, including but not limited to your server drive service account, will be suspended immediately and You will need to pay all normal charges, late fees, penalty fees, and reinstatement fees before your account is taken out of suspension.
[Provision 34] Client agrees never to transmit over Appfunction's data network or store on Appfunction's servers any copyrighted materials (including, but not limited to: data, files, audio files, or movie files) without the express permission of that material's copyright holder. If Appfunction is notified by a copyright holder that You have transmitted that copyright holder's materials without their express permission over Appfunction data network or if Appfunction is notified by a copyright holder that You have stored that copyright holder's materials without their express permission on an Appfunction server You agree that You are fully liable for any legal action brought against You or Appfunction; You agree to indemnify Appfunction; You agree to pay all damages or legal damages or legal fees assessed upon Appfunction, as a direct result of your action if a copyright holder whose copyright You have violated ever brings legal action against You or Appfunction. If Appfunction is notified by a copyright holder that You are transmitting a copyright holder's materials without their express permission over Appfunction data network, and Appfunction verifies that the claim is legitimate, your Appfunction Website Server Drive Service Account or your Appfunction Email Service Account will be suspended immediately, and You will be notified by Appfunction of the violation; your Appfunction Website Server Drive Service Account or your Appfunction Email Service Account will not be reinstated until You stop transmitting that copyright holder's materials, unless You can prove You have their express permission; reinstatement fees may apply. If Appfunction is notified by a copyright holder that You are storing a copyright holder's materials without their express permission on an Appfunction server, and Appfunction verifies that the claim is legitimate, your Appfunction Website Server Drive Service Account or your Appfunction Email Service Account will be suspended immediately, and You will be notified by Appfunction of the violation; your Appfunction Website Server Drive Service Account or your Appfunction Email Service Account will not be reinstated until You stop storing that copyright holder's materials, unless You can prove You have their express permission; reinstatement fees may apply. Client agrees never to send over Appfunction's data network or over any Appfunction partner's data network an email or file or data that could potentially damage any data network. This includes but is not limited to SPAM, sending fifteen (15) or more separate attachment files in a single email, or DDoSing. You will only be warned once, in writing, of any abuse caused by You to Appfunction's data network, or to any Appfunction partner's data network, or to any data network. If, after being warned, You are caught repeating the action You were warned would cause damage to Appfunction's data network, or to any Appfunction partner's data network, or to any data network You will be assessed a $666.99 'Network Damage Fee' for each verified instance of abuse. Those charges will be applied to your next service invoice or billed to You directly in a new invoice. If those fees are not paid in full within the guidelines of the net terms specified on the invoice, all your Appfunction services, including but not limited to your server drive service account, will be suspended immediately and You will need to pay all normal charges, late fees, assessment fees, and reinstatement fees before your account is taken out of suspension. We do not tolerate the transmission of SPAM. We monitor all traffic to and from our web servers for indications of spamming and maintain a SPAM abuse complaint desk to register allegations of SPAM abuse; our SPAM abuse complaint desk can be reached by email at abuse@appfunction.com. Clients suspected to be using our products and services for the purpose of sending SPAM, or DDoSing, or similar destructive actions are fully investigated. If we determine there is a problem with SPAM, DDoSing, etc. we will take the appropriate action to resolve the situation, as listed previously. We define SPAM as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (UF), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications or specific pieces of data or specific files or specific emails or specific attachments from the sender. This can include, but is not limited to, the following: Email Messages, Newsgroup postings, Windows system messages, Pop-up messages (aka "adware" or "spyware" messages), Instant messages (using AOL, MSN, Yahoo or other instant messenger programs), Online chat room advertisements, Guestbook or Website Forum postings, Facsimile Solicitations, Text/SMS Messages. We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, You must not only abide by all applicable laws and regulations, which include the U.S. Can-Spam Act of 2003 and the U.S. Telephone Consumer Protection Act of 1991, but You must also abide by this no SPAM / DDoS policy. Commercial advertising or bulk emails or faxes may only be sent to recipients who have opted-in to receive messages from the sender (you) specifically. They must include a legitimate return address and reply-to address, the sender's physical address or IP address or phone number, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number. If we determine the services in question are being used in association with SPAM, we will re-direct, suspend, or cancel any website server drive service, email boxes, or other applicable services. If requested by us, You will be required to respond to us, by email or by post mail, stating that You will cease to send SPAM or have SPAM sent on your behalf or commit any action that may damage any data network. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate your server drive service account and email boxes associated with the domain name in question without notice to you. We encourage all clients and recipients of email generated from our products and services to report suspected SPAM or potential network damage. Suspected abuse can be reported by email to abuse@appfunction.com. SPAM Damages: You agree that after You have been issued one written warning, and been given time to respond or to remedy the infraction, that we may immediately terminate any Appfunction Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any SPAM or other unsolicited bulk email or network damaging actions. In addition, if actual damages cannot be reasonably calculated then You agree to pay us 'SPAM Damage Fees' in the amount of $0.99 for each piece of SPAM or unsolicited bulk email transmitted from or otherwise connected with your Appfunction Account and You agree to pay us 'SPAM Equipment Damage Fees' in the amount of $10,500.00 for each piece of Appfunction equipment or each piece of an Appfunction partner's equipment damaged by You or your users' actions.
[Provision 35] If You are a using Appfunction's services for business purposes (i.e, You are a business, be it for profit or for non-profit), within 30 business days of becoming an Appfunction Customer You agree to inform Appfunction, by completing Appfunction's Business Account Succession Planning form BASP3, who may take managing control of your technology assets hosted on Appfunction's servers and be the person responsible/liable for your business's Appfunction Customer Account, including any-and-all associated invoices, if the person listed on your Appfunction Customer Account leaves your business, they lose the ability to perform their duties, or they suffer loss of life. If You are a business and if You have not filed a form BASP3 with Appfunction's Department of Client Resources, after renewing an Appfunction Customer Account (e.g., by paying/renewing a monthly server drive service subscription invoice) within 30 business days of renewing, You agree to inform Appfunction, by completing Appfunction's Business Account Succession Planning form BASP3, who may take managing control of your technology assets hosted on Appfunction's servers and be the person responsible/liable for your business's Appfunction Customer Account, including any-and-all associated invoices, if the person listed on your Appfunction Customer Account leaves your business, they lose the ability to perform their duties, or they suffer loss of life. Form BASP3 expires 31 days after the last calendar day of any given year (i.e., it expires 31 days after December 31st). If You are a business, within 30 business days of the first new day of each year (i.e., on January 1st) You agree to inform Appfunction, by completing Appfunction's Business Account Succession Planning form BASP3, who may take managing control of your technology assets hosted on Appfunction's servers and be the person responsible/liable for your business's Appfunction Customer Account, including any-and-all associated invoices, if the person listed on your Appfunction Customer Account leaves your business, they lose the ability to perform their duties, or they suffer loss of life. If You are not a business and You hold an Appfunction Customer Account strictly for personal use only, within 30 business days of becoming an Appfunction Customer You agree to inform Appfunction, by completing Appfunction's Personal Account Succession Planning form PASP2, who may take managing control of your technology assets hosted on Appfunction's servers and be the person responsible/liable for your personal Appfunction Customer Account, including any-and-all associated invoices, in the event that You become incapacitated or You suffer loss of life. If You are not a business and You hold an Appfunction Customer Account strictly for personal use only and if You have not filed a form PASP2 with Appfunction's Department of Client Resources, after renewing an Appfunction Customer Account and within 30 business days of renewing, You agree to inform Appfunction, by completing Appfunction's Personal Account Succession Planning form PASP2, who may take managing control of your technology assets hosted on Appfunction's servers and be the person responsible/liable for your personal Appfunction Customer Account, including any-and-all associated invoices, in the event that You become incapacitated or You suffer loss of life. Form PASP2 expires 31 days after the last calendar day of any given year (i.e., it expires 31 days after December 31st). If You are not a business and You hold an Appfunction Customer Account strictly for personal use only, within 30 business days of the first new day of each year (i.e., on January 1st) You agree to inform Appfunction, by completing Appfunction's Personal Account Succession Planning form PASP2, who may take managing control of your technology assets hosted on Appfunction's servers and be the person responsible/liable for your personal Appfunction Customer Account, including any-and-all associated invoices, in the event that You become incapacitated or You suffer loss of life. When filing form BASP3 or form PASP2 You must choose at least one (1) person to succeed You and they must sign their name on the form agreeing to be the party responsible/liable for your account should they be required to take over your Appfunction Customer Account. You may choose up to three (3) people to list on either form. When filing form BASP3 or form PASP2 either form must be completed, postmarked, and mailed back to Appfunction, via U.S. Postal Service mail, within nine (9) business days of the date You supply in field(s) F.1.1, on either form (form BASP3 or form PASP2); Appfunction may also accept an emailed copy of form BASP3 or form PASP2, if, it is completely filled out and digitally signed; please contact Appfunction for more details by emailing info@appfunction.com with the subject line, "How can I email Appfunction a completed, digitally signed copy of form BASP3/PASP2." If You are a business, to request and obtain form BASP3 please contact info@appfunction.com with the subject line, "Please send my business Form BASP3." If You are not a business, to request and obtain form PASP2 please contact info@appfunction.com with the subject line, "Please send me Form PASP2." If You become incapacitated, or You are not in a position to manage your Appfunction Customer Account, or You suffer loss of life, and You have an Appfunction Customer Account for personal use only, and You fail to provide Appfunction a completed and signed copy of form PASP2 that inaction on your part may result in You permanently losing access to all your digital resources housed on Appfunction's equipment and You agree that Appfunction will not be liable for any indirect or consequential loss or damage whatsoever (including, without limitation, loss of business, opportunity, data, or profits) because You failed to provide Appfunction a completed and signed copy of form PASP2. If the person listed on your Appfunction Customer Account leaves your business, they lose the ability to perform their duties, or they suffer loss of life and You fail to provide Appfunction a completed and signed copy of form BASP3 that inaction on your part may result in your business permanently losing access to all your business's digital resources housed on Appfunction's equipment and You agree that Appfunction will not be liable for any indirect or consequential loss or damage whatsoever (including, without limitation, loss of business, opportunity, data, or profits) because You failed to provide Appfunction a completed and signed copy of form BASP3. Appfunction form BASP3 has no baring on who has control or ownership of a client's business. BASP3 only has governance over matters directly connected to who Appfunction may contact with regards to a business's Appfunction Customer Account and who may take control of a business's Appfunction Customer Account in the event the person listed on a business's Appfunction Customer Account leaves the business, they move to a different position within an organization that requires them to relinquish access, they lose the ability to perform their duties, or they suffer loss of life. Form BASP3 has no governance over the ownership, structure, nor operation of any business/organization. BASP3 is for Appfunction's internal use only.
[Provision 36] If Client receives services and products from Appfunction totaling $600.00 or more in a given year (between January 1st - December 31), Client must provide Appfunction a completed IRS 1099-MISC form before January 31 of the following year, in accordance with the US Department of Internal Revenue Service's mandate: "Forms and Associated Taxes for Independent Contractors: If You paid someone who is not your employee, such as a subcontractor, attorney or accountant $600 or more for services provided during the year, a Form 1099-MISC needs to be completed, and a copy of 1099-MISC must be provided to the independent contractor by January 31 of the year following payment. You must also send a copy of this form to the IRS by February 28." (http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Forms-and-Associated-Taxes-for-Independent-Contractors). Postmarks will not be honored by Appfunction, we must receive a completed IRS 1099-MISC form on or before January 31. If Client requires any IRS W-9 information from Appfunction please contact info@appfunction.com with the subject line "Please send me Appfunction's IRS W-9 information." Client acknowledges and agrees that failure on Client's part to comply with that stipulation will grant Appfunction the right to stop providing support/work for any current/ongoing service that Appfunction is, or has been, providing to Client, or Appfunction can suspend Client's Appfunction server drive service account, until Client provides Appfunction any-and-all applicable, completed 1099-MISC document(s); all suspension, reinstatement, or termination fees will be invoiced to Client accordingly.
[Provision 37] Appfunction has the right to terminate or suspend any server drive service account, without notice, nor restitution, nor compensation to Client, if Client or their users do harm to or attempt to do harm to any of Appfunction's equipment; all suspension, reinstatement, or termination fees will be invoiced to Client accordingly.
[Provision 38] Appfunction provides services listed on Appfunction.com/rates at set, competitive rates, and Appfunction reserves the right to increase or decrease those rates at any time without notice. Further, Appfunction reserves the right not to preform any of the services listed on Appfunction.com/rates. Appfunction reserves the right to increase or decrease any-and-all of those rates at any time; updates to those rates as listed on Appfunction's website shall act as notice to you. Any of those services will be billed at their set rate and are not covered under any contract's Out-Of-Scope rate(s).
[Provision 39] This Agreement will be governed by, construed by, and enforced in accordance with, and subject to, the laws of the State of Texas, except to the extent superseded or preempted by the laws of the United States of America. If any provision of this Agreement is deemed invalid, unlawful, unenforceable, or void, You (Client) and Appfunction agree that the validity and enforceability of the remaining provisions shall remain in full force and effect. By using any Appfunction product or service, You (Client) agree to submit to the exclusive jurisdiction of the Texas state courts located in Travis County, Texas, or the United States District Court for the Western District of Texas to resolve any disputes arising out of your use of any Appfunction product or service. This is the entire Agreement (Provisions 1 - 39) between Appfunction and you. By using any website or app or API owned or controlled by Appfunction, or by using any services and products provided to You by Appfunction after Feb 20, 2020, You agree that this Agreement replaces and supersedes any-and-all prior oral or written terms or conditions or provisions or stipulations between You and Appfunction. Stenographic & clerical errors on the this page are subject to correction. This Agreement, so long as it is presented on Appfunction.com/terms, is the current revision of Appfunction's Terms and Conditions as of Feb 20, 2020.



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[Archives] You may use the following links, listed below, to access archived revisions of our Terms and Conditions. Unless we are notified in writing by any judicial authority the following links and their contents do not supersede Appfunction Terms and Conditions rev. 20200220-B, and they are strictly for informational purposes only.

CLICK HERE to view Appfunction Terms and Conditions rev. 20190611-B