TrackAbout Terms of Service - Revision history

Jgullickson: Updated Annual Pricing Adjustment to "Pricing Adjustments". Changed content under that heading as wel.

2023-09-18T12:46:55Z

Updated Annual Pricing Adjustment to "Pricing Adjustments". Changed content under that heading as wel.

Jgullickson at 14:56, 21 April 2021

2021-04-21T14:56:11Z

Jgullickson: /* Late Payment Remedies; Disputed Invoices */

2021-04-21T14:55:53Z

Late Payment Remedies; Disputed Invoices

Tfusco: moved to NJ law, Added arbitration section, removed 'entire agreement' section, small change to section about changes to these TOS

2020-06-22T15:28:00Z

moved to NJ law, Added arbitration section, removed 'entire agreement' section, small change to section about changes to these TOS

Tfusco: /* Term and Renewal */

2020-06-22T11:42:17Z

Term and Renewal

Tfusco: /* Annual Price Adjustment */ Removed this section

2020-06-19T19:41:30Z

Annual Price Adjustment: Removed this section

Jgullickson: Undo revision 7436 by Jgullickson (talk)

2018-12-17T18:51:03Z

Undo revision 7436 by Jgullickson (talk)

Jgullickson at 18:49, 17 December 2018

2018-12-17T18:49:56Z

Tfusco at 20:06, 2 November 2018

2018-11-02T20:06:14Z

Tfusco: /* Term and Renewal */

2018-11-02T20:05:47Z

Term and Renewal

@@ Line 1: / Line 1: @@
-'''(Last updated this policy April 21, 2021.)'''
+'''(Last updated this policy September 18, 2023.)'''
 ==Summary==
@@ Line 100: / Line 100: @@
 Smaller Customers who do not have a Subscription Agreement will have the following terms: The service is monthly and Customer may cancel at any time. No refunds will be given for canceled subscriptions.
-==Annual Price Adjustment==
+==Pricing Adjustments==
-TrackAbout reviews its pricing annually and may adjust prices for existing customers once per annum.
+TrackAbout reviews its pricing annually and may adjust pricing for existing customers on an annual basis. If Customer exceeds the asset cap described in Customer’s Subscription Agreement, TrackAbout reserves the right to begin charging Customer TrackAbout’s then current rate for the additional assets tracked. These fees will be communicated to the Customer and may be invoiced separately from the regular subscription charges.  It is the Customer's responsibility to monitor their asset usage and manage it within the contracted Asset Cap to avoid additional charges. Charges for exceeding Customer’s asset cap are separate from the annual price increase referenced in this paragraph.
 ==Late Payment Remedies; Disputed Invoices==

← Older revision		Revision as of 14:56, 21 April 2021
Line 1:		Line 1:
−	'''(Last updated this policy ~~June 22~~, ~~2020~~.)'''	+	'''(Last updated this policy April 21, 2021.)'''

	==Summary==		==Summary==

@@ Line 106: / Line 106: @@
 Prompt payment to TrackAbout is required of all Customers.
 Any late payments will be subject to a late fee of 1.5% per month or the largest fee allowed by law, whichever is lower.
-If any invoice is over 30 days late, TrackAbout reserves the right to suspend the Customer's account, disable some of its features and/or notify Users (beyond just the billing contact) that the account is past due.
+If any invoice is over 7 days late, TrackAbout reserves the right to suspend the Customer's account, disable some of its features and/or notify Users (beyond just the billing contact) that the account is past due.
 If any invoice is over 60 days late, TrackAbout reserves the right to change the billing terms of all future invoices to 'due upon receipt'.
 If any invoice is over 90 days late, TrackAbout reserves the right to terminate your account and delete the Customer Data in your account.
 If any invoice is in dispute, both parties will make a good faith effort to resolve the issue as quickly as possible. While in dispute, the normal late fees above do not apply. If not disputed within 30 days of receipt, the above late payment remedies will apply to an invoice.
 ==Location of Customer Data and Your Use==
 TrackAbout may operate its service on server infrastructure located anywhere in the world and are controlled from offices in the United States. Customer Data may be stored on one or more of these servers in one or more parts of the world. You are responsible for compliance with any local data protection laws that may affect you.

@@ Line 1: / Line 1: @@
-'''(Last updated this policy December 17, 2018.)'''
+'''(Last updated this policy June 22, 2020.)'''
 ==Summary==
@@ Line 143: / Line 143: @@
 Neither party will be liable for any loss or delay (including failure to meet any service level commitment) resulting from any unforeseen event, including, but not limited to, denial-of-service attacks, acts of God, fire, natural disaster, terrorism, labor stoppage (other than those involving TrackAbout employees), internet service provider failure or delays, civil unrest, war or military hostilities, criminal acts of third parties, and any payment date or delivery of Service date will be extended to the extent of any delay resulting from any force majeure event.
 ==Governing Law==
-This Agreement shall be governed in accordance with the laws of the State of Pennsylvania and any controlling U.S. federal law.
+This Agreement shall be governed in accordance with the laws of the State of New Jersey and any controlling U.S. federal law.
 ==Venue; Waiver of Jury Trial; Fees==
 The state and federal courts located in Allegheny County, Pennsylvania will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Agreement or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Contract. In any action or proceeding to enforce rights under the Contract, the prevailing party will be entitled to recover its reasonable costs and attorney's fees.
 ==Changes to these Terms of Service==
-As our business evolves, we may change these Terms of Service from time to time. If we do, we will announce the change on our website and/or email you.
+As our business evolves, we may change these Terms of Service from time to time. If we do, we will announce the change on our website and/or email you. Customer can review the most current version of the Terms of Service at any time by visiting this page. The revised Terms of Service will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If Customer (or any Authorized User) accesses or uses the Services after the effective date, that use will constitute Customer's acceptance of any revised terms and conditions.

← Older revision		Revision as of 11:42, 22 June 2020
Line 99:		Line 99:

	Smaller Customers who do not have a Subscription Agreement will have the following terms: The service is monthly and Customer may cancel at any time. No refunds will be given for canceled subscriptions.		Smaller Customers who do not have a Subscription Agreement will have the following terms: The service is monthly and Customer may cancel at any time. No refunds will be given for canceled subscriptions.
		+
		+	==Annual Price Adjustment==
		+	TrackAbout reviews its pricing annually and may adjust prices for existing customers once per annum.

	==Late Payment Remedies; Disputed Invoices==		==Late Payment Remedies; Disputed Invoices==

← Older revision		Revision as of 19:41, 19 June 2020
Line 99:		Line 99:

	Smaller Customers who do not have a Subscription Agreement will have the following terms: The service is monthly and Customer may cancel at any time. No refunds will be given for canceled subscriptions.		Smaller Customers who do not have a Subscription Agreement will have the following terms: The service is monthly and Customer may cancel at any time. No refunds will be given for canceled subscriptions.
−
−	~~==Annual Price Adjustment==~~
−	Unless otherwise specified in your Subscription Agreement, each annual renewal will be subject to an annual 3.0% rate increase. TrackAbout may not raise prices by more than 3.0% per year unless Customer exceeds the Asset Cap or purchases additional functionality. This allows for both parties to have predictable increases and protects Customer from larger increases.

	==Late Payment Remedies; Disputed Invoices==		==Late Payment Remedies; Disputed Invoices==

← Older revision		Revision as of 20:06, 2 November 2018
Line 1:		Line 1:
−	'''(Last updated this policy ~~October 29~~, 2018.)'''	+	'''(Last updated this policy November 2, 2018.)'''

	==Summary==		==Summary==

@@ Line 96: / Line 96: @@
 ==Term and Renewal==
-The term of the agreement will be auto-renewed for successive periods of 12 months unless written notice of cancellation is
+Term and Renewal will be set in your Subscription Agreement with TrackAbout.
-submitted 90 days in advance of agreement expiration.  Each annual renewal will be subject to an annual 3.0% rate increase. TrackAbout may not raise prices by more than 3.0% per year unless Customer exceeds the Asset Cap or purchases additional functionality. This allows for both
-parties to have predictable increases and protects Customer from larger increases.
+Smaller Customers who do not have a Subscription Agreement will have the following terms: The service is monthly and Customer may cancel at any time. No refunds will be given for canceled subscriptions.
 ==Late Payment Remedies; Disputed Invoices==