FOR SOFTWARE DEVELOPMENT
Lindotiger is a consulting firm, the Customer, agrees as follows. IT projects are quoted based on hours consulting provided or noted as scope of work. Our normal rate for consulting and IT development is $100/ hour for offsite work and $250/hour for onsite work. We do have many levels of technicians that may be needed for a project that range from $75/hour to $1,000/hour. If an advanced-level technician is needed, Customer will be informed in advance, and Customer will agree in advance before project starts or new changes or updates are needed.
Lindotiger Reports will be turned into Customers via e-mail or electronic form. Customer agrees to pay Lindotiger for any equipment purchased & installed and agrees to pay Lindotiger for any time servicing and/or consulting. It is understood and agreed that hours labor are not refundable nor can be cancelled due to the fact that the hours were rendered. All down payments are non-refundable. Long-term projects may require monthly payments. Long-term projects may have a specific deposit required each month. Significant changes or new proposals will be billed accordingly. This contract must be paid in full to transfer product or service. Programming code is owned by Lindotiger.com and is intended to be used by Customer. Code can be purchased if Customer wishes and must be noted in contract. Software or project created and designed by Lindotiger is a software as a service business model, where agreement must be paid in full to be utilized by Customer unless otherwise noted in contract, or unless monthly installments are arranged and agreed to in advance. Monthly payments can be arranged or negotiated between Customer and Lindotiger as an option to use any software developed or updated. If monthly payments are missed, 53 days past due will evolve in an automatic immediate disconnection of the software that Customer is using until agreement is paid in full or until arrangements for payments are made with Lindotiger. Customer will be notified of potential disconnection in advance to make sure that proper steps are taken.
For non-payment of hosting services, disconnection occurs 10 days past due unless Customer arranges or notifies Lindotiger of delay in payment and this delay is approved by Lindotiger.
A $35.00 return check fee will be charged for all returned, stopped, or canceled checks. Customer agrees that no check shall be cancelled without prior written authorization. If Customer payment is made by credit card, Customer agrees to pay the total amount according to the card issuer agreement. If Customer bank does not honor Customer check or credit card, Lindotiger will use a third party collection agency to collect the payment, and Customer will be charged an applicable collection fee. Lindotiger also uses a third party payment processing service to verify and process your checks or payments electronically. Lindotiger does process checks electronically, and Customer agrees to this when signing Customer contract. The representative for Lindotiger is not liable for any future problems that Customer may incur by using Customer's computer. No warranty for on-site repairs due to no option of 24/48 hours for lab progressive testing. Any future problems and work will be billed accordingly. By signing the contract, Customer has the option to purchase extended warranty on equipment that was serviced.
All computer &/or part sales are FINAL, exchange only for the same or a more advanced product within 15 days of original purchase. We cannot exchange any product after 15 days of purchase. LINDOTIGER.COM will hold products until fully paid for. If Customer doesn’t pay or visa/check doesn’t clear within 30 days, a $35 and 1.5% late penalty fee on every 30 days will apply, products/parts/equipment will be sold to pay services, or bill will be turned over to a collection agency. Any equipment not claimed within 3 days after notification of completion will be charged a $1.50 per day storage fee, after 3 days of storage unless arranged different in writing with management, equipment will be recycled or sold to pay for services.
Customer is responsible for any fees Lindotiger incurs by collecting any debt through collection agencies, court costs or any other manner Lindotiger deems appropriate for collecting any debt. Returned checks require a fee of $35.
Our data backup services may be able to recover data files that have been created by you. We cannot be responsible for data loss / files that may be corrupted and or destroyed by viruses / spywares / hardware failure and or computer/equipment malfunction. We cannot back up the software programs that have been installed in your computer. For example, if you had Microsoft Office, Quicken, or Microsoft works installed in your computer, you will need the original disks to load these programs back into your computer. Unless noted is an optional service backing up systems.
If you contracted services with the data recovery lab, we do offer consultation to look further into your data, if you need further assistance once data has been discovered. Lindotiger charges for the time spent in data recovery. If more time is needed, Customer has the option to hire Lindotiger for more work and or consulting. All time hours of labor perform and time spent consulting will be charged accordingly at normal service rates. Sometimes more work may be needed to recover files. If Customer does not find the files that Customer was looking for, a consultant can be hired to assist in finding any files. 2nd or 3rd level data recovery is also available. Please consult with Lindotiger about current rates on these services.
Pickup and Delivery
If you contact services for PC’s or servers that are brought to our facility, we require that you either pick them up or have them delivered to you within one(1) to three(3) days of repair completion or diagnostics. Once the diagnostics/service is completed we will notify you by phone. If you do not arrange for delivery or pickup of your PC, we will charge you a $5.00 per day storage fee. After a period of one (1) month we will not be responsible for your personal computer. In case of no payment, we do have the right to sell your PC to cover the repair charges. We do charge a delivery fee for the delivery of your computer to your home or office. Minimum diagnostics and estimate time is three (3) to eight (8) business days.
Extended Warranty Terms
Limited warranty with repairs and or sales includes 15 days for hardware only---. Repair time for all PC’s and servers can vary due to availability of parts. Software and Operating Systems are not covered under hardware warranty, but you can still purchase this option with our complete PC/Server Care Plan. This PC care plan can be transferred to another PC as long as we have been notified 30 days in advance via fax and in writing. We have the right to cancel the warranty plan at our option and you will not be refunded for the remaining time. Our warrant does not cover on-site repairs. Once this warranty has been signed and issued, it cannot be canceled or refunded. Service begins 30 days after the date of warranty purchase. Please ask about purchasing PC care plan warranty to your representative.
Governing Law and Equitable Relief.
This Agreement shall be governed and construed in accordance with the laws of the United States. All actions and legal proceedings, which relate in any way to this Agreement shall be solely and exclusively brought, heard, conducted, prosecuted, tried, and determined within the City of Sacramento, Sacramento County, California. It is the express intention of the Customer and Recipient that the exclusive venue of all legal actions and procedures of any nature whatsoever which relate in any way to this Agreement shall be either at the District Court Department or the Trial Court of Sacramento, California. The parties agree to waive their right to a trial by jury. The Customer consents to said courts having personal jurisdiction over the Customer in any action based on this Agreement. Recipient agrees that in the event of any breach or threatened breach by Recipient, Customer may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Customer against any such breach or threatened breach.
Final Agreement and Conflict with Future Agreements.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof.
If any term of clause of this Agreement conflicts with any term or clause of any other writing signed by the parties, and the other writing does not explicitly reference and explicitly supersede this Agreement, then the terms of this Agreement shall govern and control the actions and liabilities of the parties.
This Agreement may be modified in the future and publicly stated online.
We collect information from you when you register on our site, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
• To personalize your experience (your information helps us to better respond to your individual needs)
• To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you.)
• To improve Customer service (your information helps us to more effectively respond to your Customer service requests and support needs.)
• To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
• To administer a contest, promotion, survey or other site feature
• To send periodic emails
The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser, if you allow, that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
FOR AD NETWORK
Introduction.This Agreement between you and The Network ("Lindotiger") consists of the Lindotiger Standard Terms and Conditions ("Terms and Conditions"), the Lindotiger Program (the "Program") Guidelines, which may be revised periodically, and the terms of any advertising campaign you submit or modify. "You" or "Advertiser" means the entity identified in this enrollment form, and/or any agency acting on its behalf, which shall also be bound by the terms of this Agreement. Please read very carefully these Terms and Conditions and the Program.
- Uses Partner Sites. You agree that your ads may be placed on (i) any site owned or operated by The Lindotiger (a "Lindotiger Web Site") and (ii) on any site owned by a third party (a "Partner") with which Lindotiger has an agreement to place Lindotiger ads ("Partner Site"). Unless otherwise agreed to in writing by Lindotiger, any ads may be modified without your consent to comply with any policy of Lindotiger or any Partner Site. Lindotiger reserves the right to, and in its sole discretion may, at any time review, reject, modify, or remove any ad. The Partners may also have certain rights allowing them to reject, modify or withdraw ads placed under this Agreement. No liability of Lindotiger and/or any Partner shall result from any such decision.
- Communications Solely With Lindotiger. Even if your ad(s) are placed on Partner Site(s), you agree to direct to Lindotiger, and not to any Partner, any communication regarding your ad(s) on any Partner Site.
- Approval of Advertisement. Any character title, keyword, site description or URL (collectively, the "Listing") and Bid Amount submitted to the Lindotiger Network is subject to the prior approval of Lindotiger. Lindotiger will not allow any Listings which are inappropriate, offensive or irrelevant. Once you submit your Listing, Lindotiger will review your submission for editorial integrity, relevance, appropriateness and accurate mapping to the Lindotiger network of Sites. You will be notified of rejections. Lindotiger reserves the unrestricted right to reject or cancel any Listing for any reason at any time. When you bid for placement on the Lindotiger network of sites, your approved Listing may also be posted on sites with which we have partnered (at a minimum, the Listing's title will be displayed). As a result, Listings may appear anywhere on the World Wide Web, including on our sites and our partner sites, Listing positioning and placement is determined by Lindotiger in its sole discretion and is subject to change in Lindotiger' sole discretion. Lindotiger reserves the right to edit any titles and/or descriptions and to suspend and/or remove any Listing at any time for any reason.
- Lindotiger Guidelines. The Lindotiger Guidelines contain many important policies and procedures. Lindotiger may modify the Lindotiger Guidelines at any time upon notice published on the Lindotiger Web Site.
- Parties' Responsibilities. You are responsible for knowing the contents of the Lindotiger Guidelinest. You are solely responsible for the selection of all "Targets" (any category, and other targeting mechanism), and for the content of your ads, including URL links. Lindotiger is not responsible for anything regarding your Web site(s) including, but not limited to, maintenance of your Web site(s), order entry, customer service, payment processing, shipping, cancellations or returns.
- Prohibited Uses. Lindotiger strictly prohibits using the Lindotiger Web Site or any Partner Site(s) (i) to generate fraudulent impressions of or fraudulent clicks on Advertiser's ad(s) or third-party ad(s), including but not limited to using robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software; (ii) to advertise substances, services, products or materials that are illegal in any state or country where the ad is displayed; (iii) in any way that violates any policy posted on the Lindotiger Web Site, as revised from time to time; or (iv) to engage in any other illegal or fraudulent business practice under the laws of any state or country where the ad is displayed. You may not include links to any Web site(s) as part of your ad, unless the content found at such site(s) is relevant to your Target(s). You may not run multiple ads linking to the same or similar site on the same search results page; or (v) to advertise the direct sale of animals. You may advertise listing or portal services of animals for sale or adoption. Violation of these policies may result in removal of your ad or immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.
- Termination; Cancellation. Lindotiger may at any time, in its sole discretion, terminate the Program, terminate this Agreement, or cancel any ad(s) or your use of any Target. Lindotiger will notify you via email of any such termination or cancellation, which shall be effective immediately. You may cancel any ad and/or terminate this Agreement with or without cause at any time. Cancelled ads will be discontinued within 24 hours of notice received via your account on the Program homepage. Termination of your account shall be effective when Lindotiger receives notice via your account on the Program homepage. Upon termination for any reason, (i) you shall remain liable for any amount due for ads already delivered or for clicks on any ad(s), and (ii) Sections 2 and 4 through 15 shall survive termination. Existing credits on your account will be available for use only towards Lindotiger. Should your account be terminated with a credit balance, your credit will not be refunded. All deposits are non-refundable.
- Confidentiality. Each party agrees not to disclose Confidential Information of the other party without prior written consent except as provided herein. "Confidential Information" includes (i) ads, prior to publication, (ii) submissions or modifications relating to any advertising campaign, (iii) clickthrough rates or other statistics (except in an aggregated form that includes no identifiable information about you), and (iv) any other information designated in writing as "Confidential." It does not include information that has become publicly known through no breach by a party, or has been (i) independently developed without access to the other party's Confidential Information; (ii) rightfully received from a third party; or (iii) required to be disclosed by law or by a governmental authority.
- No Guarantee. Lindotiger makes no guarantee regarding the levels of impressions or clicks for any ad on its site or those of its Partners. Lindotiger may offer the same Target to more than one advertiser. You may not receive any impressions for your ad(s) if for a given Target there are more advertisers than available display positions.
- No Warranty. Lindotiger MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
- Limitations of Liability; Force Majeure. In no event shall Lindotiger or any Partner be liable for any act or omission, or any event directly or indirectly resulting from any act or omission of Advertiser, Partner, or any third parties (if any). EXCEPT FOR THE PARTIES' INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) Lindotiger' AGGREGATE LIABILITY TO ADVERTISER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO Lindotiger BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
- Payment. You agree to pay Lindotiger an upfront, non-refundable set up fee in the amount set forth on the registration form. You also agree to pay Lindotiger based on the number of click-throughs to the specified Web site generated via the Lindotiger Service. Such amount shall be determined by the number of clicks,coversions and impressions. You hereby authorize Lindotiger to charge your credit card for your pre-determined amount as pursuant to the terms set forth in connection with the Lindotiger Service and you agree to pay all such charges. Lindotiger will not rebill or perform scheduled charges to your account. Your advertising with Lindotiger is contingent on a avaialble credit in your Lindotiger account. Lindotiger will suspend your currently active campaigns in the Lindotiger Service if your account balance falls to $0. If your account is reduced to $0 for 90 days or more, Lindotiger may terminate your participation in the Lindotiger Service. If you dispute any charge made under the Program, you must notify Lindotiger in writing within sixty (60) days of any such charge; failure to so notify Lindotiger shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by Lindotiger. No other measurements or statistics of any kind shall be accepted by Lindotiger or have any effect under this Agreement. All deposits to your Lindotiger account are non-refundable. Software development has to be paid in full before transferring service or giving access codes to client and/or third parties.
- Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Lindotiger to enroll in the Program is correct and current; (b) you hold all rights to permit Lindotiger and any Partner(s) to use, reproduce, display, transmit and distribute ("Use") your ad(s); and (c) Lindotiger and any Partner(s) Use, your Target(s), and any site(s) linked to, and products or services to which users are directed, will not, in any state or country where the ad is displayed (i) violate any criminal laws or third party rights giving rise to civil liability, including but not limited to trademark rights or rights relating to the performance of music; or (ii) encourage conduct that would violate any criminal or civil law. You further represent and warrant that any Web site linked to your ad(s) (i) complies with all laws and regulations in any state or country where the ad is displayed; (ii) does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) is not false, misleading, defamatory, libelous, slanderous or threatening.
- Your Obligation to Indemnify. You agree to indemnify, defend and hold Lindotiger, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants and contractors) ("Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Program, your Web site, and/or your breach of any term of this Agreement. Customer understands and agrees that each Partner, as defined herein, has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary.
- Information Rights. Lindotiger may retain and use for its own purposes all information you provide, including but not limited to Targets, URLs, the content of ads, and contact and billing information. Lindotiger may share aggregate (i.e., not personally identifiable) information about you with advertisers, business partners, including syndication Partners, sponsors, and other third parties. The display of your ad on Partner Site(s) will provide access to Partner(s) to the content of your ads, including the URL(s), and any contact or other information that can be obtained through such URL(s), as well as data regarding queries or clicks on directory categories that may enable such Partner(s) to determine your Targets.
- Miscellaneous. Any decision made by Lindotiger under this Agreement shall be final. Lindotiger shall have no liability for any such decision. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Lindotiger in collecting unpaid amounts under this Agreement. This Agreement shall be governed by the laws of California, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in California. This constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. Advertiser may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Lindotiger. The relationship(s) between Lindotiger and the "Partners" is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be construed as if both parties jointly wrote it.
- Code: Lindotiger Referral Partner ad codes must be not be modified from original format without consent from Lindotiger. You agree to use the ad code provided for displaying Creative not more than ONCE per page view. Referral Partner ad codes may be placed in email messages. Lindotiger Referral Partner ad codes may be used on Webpages that contain forums, discussion boards, or chat rooms. Publisher can not alter, copy, modify, take, sell, reuse, or divulge any Lindotiger computer code, except as is necessary to partake in the Lindotiger Network, provided, however, with the prior approval of Lindotiger, a Publisher may, in certain instances, modify the Lindotiger computer code for purposes of inserting certain pre-approved language above or below an advertisement served by Lindotiger.
- Refund Policy: If budget is less than $10,000 or more than 100,000 Impressions are delivered on CPA or CPL campaign and the advertiser wants to cancel the campaign will be deemed not refundable, Money or credit can be used in CPM or CPC campaigns. Software development or consulting are not refundable as hours of consulting were already served.
- Governing Law: This agreement shall be governed exclusively by the provisions hereof and by the laws of the State of California, and any ordinances or regulations imposed by any local, county, state, federal, or city authority as the same from time to time exists
- Legal Disputes:Any claim or dispute arising from or related to this agreement shall be settled by Sacramento Superior Court Located in California and, if necessary, legally binding arbitration in accordance with the Rules of the state of California.
By signing up with Lindotiger.com over the phone or to start using our services you agree to this Agreement which constitutes the entire understanding of the parties, no other implied information can be served as contract. unless signed in writting by upper management.