AT SMS Software as a Service Agreement
This Software as a Service Agreement, hereinafter referred to as the “Agreement,” is effective as of 12/01/2024, hereinafter referred to as the “Effective Date,” entered into by and between:
Amharc Tech
Ivy Exchange, 174 Granby Place, Dublin Ireland, D01 F7H7
(hereinafter referred to as the “Supplier”)
Collectively, the Supplier and Customer are referred to as the “Party” or “Parties.”
WHEREAS, the Supplier has developed specific mobile job management software and web applications available for customers to integrate with their systems over the Internet;
WHEREAS, the Customer desires to use the Supplier’s applications in its company operations;
WHEREAS, the Supplier agrees to provide said applications to the Customer, who agrees to use and pay for the Supplier’s services, subject to the following terms and conditions.
Definitions
Services
Subscription services provided by AT SMS to the Customer under this Agreement from the website https://amharctech.com/.
Documentation
Refers to documents made available by AT SMS to the Customer at https://amharctech.com/. The content at this URL outlines the complete range of Services offered by AT SMS and provides instructions on utilizing these Services.
Support Services Policy
Encompasses the support provided by AT SMS concerning the Services available at https://amharctech.com/.
Authorized Users
Individuals authorized by the Customer, including independent contractors, agents, or employees, to utilize the Services and Documentation.
User Subscriptions
The subscription purchased by the Customer under this Agreement, granting them and their Authorized Users access to the Services and Documentation.
Customer Data
Data entered by the Customer, Supplier, or Authorized Users. The Supplier may input Customer Data on behalf of the Customer for the purpose of using the Services or facilitating the Customer’s use of said Services.
Normal Business Hours
In the context of this Agreement, “Normal Business Hours” refers to 9 AM to 5 PM local Irish time, Monday through Friday, excluding holidays.
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Software
Online software applications provided to the Customer by AT SMS as part of its Services.
Virus
Anything (including software, file, code, or program) that could impact, impair, or prevent the smooth operation of Services or Documentation.
Subscriptions Terms
User subscriptions terms
AT SMS grants the Customer a non-transferable, non-exclusive right to authorize Authorized Users to utilize the Services and Documentation during the Subscription Terms, exclusively for internal business operations and no other purpose.
The Customer, in relation to its Authorized Users, agrees to:
- Limit Authorized Users: Ensure that the number of Authorized Users does not exceed the maximum specified based on the purchased User Subscriptions.
- Single User per Subscription: Use no more than one Authorized User per User Subscription.
- Compliance with Standards: Refrain from transmitting or distributing any Viruses or content that could be deemed harmful, threatening, offensive, harassing, obscene, illegal, sexually explicit, violent, discriminatory, or a direct encouragement to cause harm to a person or their property.
The Supplier retains the right to remove or disable the Customer’s access to any material if the Customer breaches or intends to breach this clause.
Additional user subscriptions terms
Throughout the Subscription Term, the Customer can acquire extra User Subscriptions beyond those specified in “Fees and Service Term” by:
- Written Request: Submitting a written request for additional User Subscriptions to the Supplier.
- Agreed Upon: Upon Supplier agreement, payment for additional User Subscriptions must be made as outlined in “Fees and Service Term.”
Service Terms
Customer data
The Customer assures AT SMS that their Customer Data will comply with intellectual property rights and all legal regulations. It will not violate any laws, regulations, or statutes, and AT SMS is not accountable for any data loss resulting from misuse, blackout, or viruses.
Support services
AT SMS commits to providing a help desk during Normal Business Hours, offering Support Services with due skill and care. The Customer can utilize the help desk for Support Services, and AT SMS pledges prompt responses.
Service Term
Charges and Payments
Invoices for Charges will be periodically provided, with the Customer required to settle payments within 5 days. Payment methods include debit/credit cards, bank transfers, or checks. Failure to pay promptly may incur a 1% monthly interest charge.
Limitation of Liability
This Agreement does not limit liability for personal injury, death resulting from negligence, fraudulent misrepresentation, loss of business, contracts, opportunities, savings, profits, or any liabilities not allowed or prohibited under applicable law.
Proprietary Rights
No provision in this Agreement allows the transfer of intellectual property rights between AT SMS and the Customer. AT SMS retains 100% ownership of the Services and Documentation.
Terms and Termination
Either Party can terminate with a 30-day written notice. Immediate termination is allowed for breaches. Termination occurs if a Party is dissolved, ceases business, is unable to pay debts, or becomes insolvent.
General Terms
No waiver
No breach shall be waived without written consent.
Severability
Unlawful provisions won’t affect the Agreement’s validity.
Entire agreement
This Agreement replaces all prior agreements.
Governing law
Governed by and construed in accordance with Irish law. Irish courts have exclusive jurisdiction.
