Terms and Conditions

This section outlines the terms of service for various services we offer.

Client Communications

We will create an account on our website for you to pay and have access to your transaction history with us. Support needs will be emailed to help [at] colet.space, tickets will also be available to view from our website.

Confidentiality

Consultants and their agents will not use or disclose Client information, except as necessary to or consistent with providing the contracted services, and will protect against unauthorized use.

Limitation of Liability

The Consultants’ maximum liability for services rendered under these Terms of Agreement shall be limited to the total fees paid in the previous twelve (12) months to the Consultants for the work provided, notwithstanding the basis upon which the action is taken against Client. The Consultants shall not be liable for consequential, special, incidental or exemplary loss, damage or expense including without limitation, loss of profits or opportunities, notwithstanding whether Consultants have been advised of their existence.

Consultant as an Independent Contractor

Notwithstanding any other provisions of this agreement, the Consultants’ status (and that of any Subcontractor) shall be that of an independent contractor and not that of an agent or employee of Client. Accordingly, neither the Consultants nor any Subcontractor shall represent themselves, or claim to be acting, in the capacity of an employee or agent of Client.

Assignment

It is understood and agreed that Consultants may incorporate as a different corporate entity during the term of this agreement. It is further understood and agreed that Consultants may assign this Agreement and any modifications to this Agreement to the incorporated entity, its successors and/or assigns.

Dispute Resolution

This Agreement shall be governed by the laws of the State of New York. It constitutes the entire Agreement between Client and Consultants. Its terms and conditions shall prevail should there be any variance with the terms and conditions of any order submitted by Client. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement.

Term

The terms and conditions outlined in this agreement will continue in effect until terminated by one or both parties in writing as provided hereinafter, or modified by mutual consent. Any changes to this agreement must be in writing and signed by both parties. This agreement shall be governed in all respects by and construed in accordance with the laws of the State of New York.

a. This Agreement may be terminated by the Client for any reason upon thirty (30) days written notice to the Consultants, provided that such termination may not take place prior to three months from the start of the contract.
b. This Agreement may be terminated by the Consultants upon thirty (30) days written notice to Client.
c. If either party terminates this Agreement, Consultants will assist Client in the orderly termination of services, including timely transfer of the services to another designated provider. Client agrees to pay Consultants the actual costs of rendering such assistance.

Amendments

a. From time to time, Consultants may unilaterally amend this Agreement, or any exhibit, schedule, or appendix of this Agreement, by giving 30 days’ advance written notice to the other party.
b. Any such amendment will take effect at the end of the notice period unless Client terminates this Agreement by giving notice to Consultants no later than the end of the 30 day notice period.
c. The latest version of this contract, and a list of historical changes, will always be available here
d. Without the other party’s expressed written agreement, a unilateral amendment will not retroactively eliminate or modify:
i. any binding dispute-resolution provision of this Agreement (for example, a binding-arbitration provision) in respect of any then-accrued claim of breach of this Agreement by one signatory party against another; nor ii. any right already exercised by the other party, including for example any
right to demand that Consultants perform an obligation, under this Agreement.

Intellectual Property

Consultants agree that any elements of text, graphics, photos, designs, and trademarks to the website and database will be owned exclusively by Client. In addition, Client will be the sole owner of the website and database. Client acknowledges that the database and website are developed with software licensed under open source licenses, and use of the software is subject to the relevant licenses. Client acknowledges that code produced by us may be released under an open source license. CiviCRM is governed by the Affero General Public License (AGPL) version 3 (https://www.gnu.org/licenses/agpl.html). WordPress is governed by the General Public License (GPL) version 2 or later.] Derivative code created by us will be licensed to Client under the relevant license.

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