Terms and Conditions
Agreement to Terms
These terms and conditions are intended to explain Tecom Group, Inc. (hereinafter “TECOM”) obligations to you as a service provider, as well as your obligations, as our customer. These terms are not intended to answer every question, or address every issue raised by the use of TECOM services or products.
The TECOM HandiFox™ software services, is hereafter “HandiFox™” or “Services”, or “Software”. The Services consist generally of a software-as-a-service online inventory management program. The Services are provided by TECOM on an “AS IS” and “AS AVAILABLE” basis. By using the HandiFox software services, you are agreeing to be bound by the terms of this Agreement and you agree that it is enforceable as if it were a written negotiated agreement signed by you and TECOM. If you do not agree to the terms of this Agreement, do not use the Services.
By registering to use the HandiFox software, you acknowledge that you have read, understand, and agree to these terms and conditions and that you have the authority to agree to and act on behalf of any person or entity for whom you are using the software.
Changes to T&C
TECOM reserves the right to change any of these terms and conditions at any time, effective upon the posting of modified terms. TECOM will always ensure that every effort is made to communicate these changes to you via email or notifications on the website.
Use of Services
Subject to the terms and conditions of this Agreement, TECOM hereby grants to User the non- exclusive and non-transferable right during the applicable Subscription Term to access the Services and to use such Services solely for its internal business purposes and for the purposes set forth in this Agreement. The Services are priced on a monthly or annual subscription basis. HandiFox™ will be deemed accepted by you upon acceptance of this Agreement for trial versions (if applicable) of the Software and upon acceptance of this Agreement and payment of the Subscription Fee. Access to the Services will begin (i) for trial subscription after your acceptance of this Agreement and after TECOM receives and processes all the information, requested in the registration process; and (ii) for paid subscription after your acceptance of this Agreement and after TECOM receives and processes all the information requested by the registration process.
You must have a valid credit card or debit card with sufficient funds to cover an electronic debit of the Subscription Fee to obtain access to the Software. The payment information you provide must be accurate and complete, and you agree to notify us promptly of any change in the payment information. When you subscribe and provide payment information, your Card or bank account will be debited, and will be automatically re-debited at the beginning of each applicable monthly Subscription Term (Renewal Term) at the then-current subscription rate to maintain access to HandiFox™.
Any corrections, updates and/or other software provided to User by TECOM shall be deemed Licensed Software or Services under this Agreement.
We only ask your credit card details when you subscribe to a paid plan. Upon the expiration of your Trial Period, if you choose a paid plan, TECOM will request your credit card information to add to your Registration Data. Your credit card will be charged on the date of your subscription and on the same date of each subsequent Month (Renewal Date).
The Services are billed in advance on a monthly or annual basis as specified by you. The credit card you provide will be automatically billed on your Renewal Date, and the Subscription Fee is invoiced monthly or annually until such time as this agreement is terminated. All TECOM invoices will be sent to you, or to a Billing Contact whose details are provided by you, by email.
TECOM asserts the right to vary subscription prices over time with a reasonably advance notice via email or our website.
TECOM will provide Support, including any upgrades that TECOM releases for the HandiFox Software, to User at no additional cost.
All fees are exclusive of all taxes or duties imposed by any governmental or other taxing authorities. You alone are responsible for payment of all such taxes or duties.
Termination & Refund
Termination by You
You are solely responsible for the cancellation of your account. The Subscription Info page under User settings has a “Cancel Subscription” button that immediately terminates your subscription. There will be no refund if you cancel the Services before the end of your current, paid-up month, and you will not be charged thereafter.
Cancellation of yearly subscription will result in no refund if you have not given TECOM a notice within seven days after the Renewal Date. Provided your notice is received by TECOM no later than seven days following the Renewal Date, TECOM will accept your notice of cancellation and will refund the Subscription Fee already paid by you in relation to the new Renewal Period. If your notice is received by TECOM more than seven days after the Renewal Date then TECOM will accept your notice of cancellation and may then choose (in its sole discretion) to refund some or all of the Subscription Fee already paid by you that relate to the unused portion of the new Renewal Period.
Termination by TECOM
The provision of the Services are conditioned upon payment of all amounts due and accrued to TECOM, for the use or maintenance of the Services. User acknowledges and agrees that TECOM immediately may terminate the Services, upon User’s failure or omission of any payment due and accrued, or failure to perform any term or condition of this agreement.
The TECOM obligation for maintenance may be terminated by TECOM without cause upon thirty (30) day notice.
TECOM may also, at its sole discretion, at any time and for any reason, terminate the Services, terminate this Agreement, or suspend or terminate your Account. In the event of suspension or termination, your account will be disabled with an advance notice and you may not be granted access to your Account or any content contained in your Account, and TECOM may delete your Content, although residual copies of information may remain in our system for some time for back- up purposes.
User’s rights shall include unlimited maintenance with access to different support options corresponding to the chosen subscription plan. However, TECOM, at its discretion, may provide a new version, under a free, or paid up, maintenance agreement, without enlarging its limited obligation for error correction only.
Appropriate Uses and Limitations
When using the Services you must not:
- attempt to undermine the security of the Services;
- attempt to gain unauthorized access to the Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services;
- resell, rent, redistribute, sublicense the Services in whole or in part.
Breach of any of the foregoing may result in immediate termination of your access to the Services, and may subject you to civil or criminal penalties and/or other legal consequences.
Intellectual property rights
All rights, titles and interests to the Services and the Documentation, and copies thereof remains exclusively with TECOM. The intellectual rights of TECOM are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, or modify the Services. TECOM claims no intellectual property rights over, nor any responsibility for, information or other content you provide to the Services.
Warranties, Representations, and Limited Remedy
User acknowledges all rights, titles, and interests, in the Services, are owned by, and shall exclusively vest in TECOM.
TECOM warrants the Software will operate according to its intended purpose, as described in TECOM’s published specification, current when the access to the Service is Authorized provided and will be free of defects, or that defects shall be corrected, upon notice to TECOM.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY TECOM. TECOM MAKES, AND USER RECEIVES, NO WARRANTY, EXPRESS OR IMPLIED, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TECOM SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF TECOM FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF HANDIFOX™.
User agrees that TECOM’s liability arising out of contract, negligence, and strict liability in tort or warranty shall not exceed any amounts payable by User for the Services.
You agree to indemnify, defend and hold harmless TECOM, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees as and when incurred) arising from your use of the Services, your violation of this Agreement or the infringement or violation by you or any other User of your Account, of any intellectual property or other right of any person or entity.
Choice of Law and Personal Jurisdiction
The law to be applied to any claim or dispute, to be decided in any state or federal forum or in arbitration, shall be the law of the State of Florida. This is a mandatory and not a permissive choice of law provision.
All judicial proceedings of any kind related to any terms or conditions of this agreement, shall be in a court in Brevard County Florida, if a state action, or if a federal action, in the Orlando Division of the Middle District of Florida This is a mandatory and not a permissive, personal jurisdiction provision.
All notices to be provided hereunder shall be considered to have been provided if addressed to Tecom Group at 200 S. Harbor City Boulevard, Ste. 301, Melbourne, Florida 32901, by prepaid U.S. first class mail.
No act by any of the parties shall serve as a waiver of any rights, except where the waiver is expressly made in writing over an authorized signature.
This agreement is, and is intended to be, the final written expression of the party’s agreement and merges within it all prior and contemporaneous written and oral agreements, explaining, modifying, altering, or nullifying this agreement or any part.
Full Force and Effect
This Agreement shall be in full force and effect as to all of its terms and conditions, immediately upon any act of User, demonstrating acceptance of the Services.
Last Edited on 2021-May-11