Click to read our Subscription Agreement PLEASE READ THE FOLLOWING PRIOR TO ACCEPTING THE SUBSCRIPTION AGREEMENT: A Subscriber may request a subscription by providing the subscription information requested on the Quality-Works.net web site at www.Quality-Works.net, , in a book published by QBD, or as otherwise determined by QBD. QBD has sole discretion to accept or reject a subscription request. In addition to providing the subscription information requested on the Quality-Works.net web site, a Full Subscriber or Student Paid Subscriber also pays the associated subscription fees. The Quality-Works.net Subscription Provides for a Full Subscriber and Demonstration Subscriber: Access to and use of Quality-Works.net via the Internet, as further described hereafter. It permits the Full Subscriber and Demonstration Subscriber’s designated and authorized personnel and their guests and designates (“Users”) to read and/or input and process the Subscriber’s own data. The maximum number of concurrent Users shall be as specified in the Subscription Information submitted to the Quality-Works.net web site and updated quarterly in advance. As a Full or Demonstration Subscriber you also receive: The Demonstration Subscriber’s use and access is limited to a single 60-day period starting from the date access to Quality-Works.net is provided, as determined by QBD. The Quality-Works.net Subscription Provides for a Student Paid Subscriber: Access to and use of Quality-Works.net via the Internet, as further described hereafter. It permits the Student Paid Subscriber’s designated and authorized personnel and their guests and designates (“Users”) to read and/or input and process the Subscriber’s own data for a single project set up by QBD based upon the Student Paid Subscriber’s educational interests as provided on the Quality-Works.net web site. As a Student Paid Subscriber you also receive: The Student Paid Subscriber’s use and access is limited to a single semester period to a maximum of four months starting from the date access to Quality-Works.net is provided, as determined by QBD, renewable upon application each semester of study at QBD’s sole discretion. The Quality-Works.net Subscription Provides for a Student Free Subscriber: Access to and use of Quality-Works.net via the Internet, as further described hereafter. It permits the Student Free Subscriber to view and/or have partial input and processing capability for a single project set up by QBD staff based upon the Student Free Subscriber’s educational interests as provided on the Quality-Works.net web site, and shared with other Student Free Subscribers. The Student Free Subscriber agrees and understands that its name and email address will be visible to QBD, who is managing the project, as well as other Student Free Subscribers. The Student Free Subscriber agrees that neither QBD nor its staff or officers has responsibility for contact or attempted contact by any other Subscribers or Users who have access to Quality-Works.net. As a Student Free Subscriber you also receive: The Student Free Subscriber’s use and access is limited to a single semester period to a maximum of four months starting from the date access to Quality-Works.net is provided, renewable upon application each semester of study at QBD’s sole discretion. The Quality-Works.net Subscription provides for a Book Subscriber: Access to and use of Quality-Works.net via the Internet, as further described hereafter. It permits the Book Subscriber to view and/or have partial input and processing capability for one or more projects as set up by QBD staff as provided on the Quality-Works.net web site, and shared with other Book Subscribers. The Book Subscriber agrees and understands that its name and email address will be visible to QBD, who is managing the project, as well as other Book Subscribers and Student Free Subscribers. The Book Subscriber agrees that neither QBD nor its staff or officers has responsibility for contact or attempted contact by any other Subscribers or Users who have access to Quality-Works.net. As a Book Subscriber you also receive: The Book Subscriber’s use and access is provided at QBD’s sole discretion. It is QBD’s responsibility to: If deemed necessary by QBD, the Administrator will be authorized by QBD, by email, to contact a designated support person for telephone assistance. The Subscriber’s Administrator shall, in turn, provide all necessary support to the Subscriber’s Users. QBD shall have no obligation to provide any support to any Subscriber or User other than Full Subscribers. THERE ARE NO FEES PAYABLE BY BOOK SUBSCRIBERS, BY DEMONSTRATION SUBSCRIBERS DURING THE 60-DAY TRIAL DEMONSTRATION SUBSCRIPTION PERIOD AS DETERMINED BY QBD, OR BY STUDENT FREE SUBSCRIBERS DURING A VALID SCHOOL SEMESTER AS DETERMINED BY QBD. THE BALANCE OF INFORMATION IN THIS PARAGRAPH DESCRIBES THE FEE STRUCTURE ASSOCIATED WITH A PERMANENT SUBSCRIPTION FOR FULL SUBSCRIBERS AND STUDENT PAID SUBSCRIBERS. The Subscription Fee for Full Subscribers is calculated on a one-quarter year basis. The Subscription Fees applicable to use of Quality-Works.net as described herein are invoiced every ninety (90) days and are payable, in advance, to QBD unless otherwise agreed. Full Subscriber is solely responsible for and will pay all applicable taxes and duties (including HST, GST, PST, state and withholding taxes) without deduction. QBD may vary any Subscription Fee or other fees upon ninety days prior written notice of the new prices to the Subscriber, including notice by e-mail to the Full Subscriber’s Administrator. If Full Subscriber does not wish to obtain the Subscription services at the new price, the Full Subscriber may terminate this Agreement upon at least 30 days notice prior to the date that the new prices are stated to come into effect. All QBD invoices are payable net 30 days. Any overdue sums bear interest at a rate of 2% per month, 24% per annum. QBD has the right to suspend access to any Full Subscriber whose invoice is not paid within 30 days. The Subscription Fee for Student Paid Subscribers is calculated on a four-month semester basis. The Subscription Fees applicable to use of Quality-Works.net as described herein are invoiced upon request for access and are payable, in advance, to QBD unless otherwise agreed. Student Paid Subscriber is solely responsible for and will pay all applicable taxes and duties (including HST, GST, PST, state and withholding taxes) without deduction. QBD may vary any Subscription Fee or other fees upon ninety days prior written notice of the new prices to the Student Paid Subscriber, including notice by e-mail to the Student Paid Subscriber. If Student Paid Subscriber does not wish to obtain the Subscription services at the new price, the Student Paid Subscriber may terminate this Agreement upon written notice. All QBD invoices for Student Paid Subscribers are payable in advance of access being provided. QBD has the right to immediately suspend or refuse access to any Student Paid Subscriber whose invoice is not paid in advance, or whose payment to QBD is dishonoured for any reason. Any Professional Services relative to Quality-Works.net, including training, shall be by written quotation, agreement or purchase order, and be provided at QBD’s then standard time and materials rates charged to its Subscribers generally. All invoices for Professional Services shall be issued upon the Professional Services being rendered and shall be subject to the same payment terms as noted in the paragraphs above. It is Subscriber’s own responsibility to: The Full Subscription shall be for an initial term of three months from the Subscription Start Date (“Initial Term”) and shall be automatically renewed for subsequent three-month terms (“Renewal Terms”) provided this Agreement does not expire or terminate as set out herein. The Student Paid Subscription shall be for an initial term of four months from the Subscription Start Date and may be renewed for subsequent four-month term (“Renewal Terms”) provided this Agreement does not expire or terminate as set out herein. In addition to any other provisions of this Agreement, the Subscription shall terminate in each of the following events: The right of termination shall be in addition to all other rights and remedies available to the parties for default or wrongdoing by each other. Upon termination of this Agreement by QBD for any reason other than non-payment of subscription fees owing, QBD will deliver electronically to the Full Subscriber the Subscriber Data in a xml file format. QBD shall have no obligation to deliver or make available Demonstration Subscriber, Student Paid or Student Free Subscriber data and shall have no obligation to deliver or make available Full Subscriber data in the event of non-payment of subscription fees owing. In the event that QBD or its successors or assigns, are unable to continue to provide the Subscription services to the Full Subscriber having a current and effective Subscription Agreement, due to causes beyond QBD’s reasonable control such as cessation of QBD’s business, QBD shall make available to the Full Subscriber a copy of the Quality-Works.net software in executable code form only, under Quality-Works.Net’s standard non-exclusive end user license upon payment by the Full Subscriber to QBD or its successor of an amount equal to the then current QBD list license fee. QBD shall have no obligation to deliver or make available Demonstration Subscriber, Student Paid or Student Free Subscriber data or Quality-Works.net software in executable code form. Warranty of Title and Ownership – QBD warrants, for the sole benefit of Subscriber, that it has all rights necessary to provide access to and use of Quality-Works.net to the Subscriber. All proprietary and intellectual property rights, title and interest including copyright, trade-mark and trade secret rights in and to anything associated with Quality-Works.net remains that of QBD and no license to, or right of possession, of Quality-Works.net software is provided to the Subscriber. Subscriber may not use QBD trademarks such as “Quality-By-Design” and “Quality-Works.net” without prior written permission of QBD. Warranty of Software – QBD’s sole obligation and liability shall be to use reasonable efforts to remedy any non-conformance of Quality-Works.net to its functional description as set out in its current documentation. In the event such non-conformance is unable to be remedied by QBD, using reasonable efforts, QBD shall refund to a Full Subscriber the Subscription Fee payable by the Subscriber for the immediately preceding one-month period and this Agreement will be terminated. SPECIFIC EXCLUSION OF OTHER WARRANTIES – THE WARRANTY OF TITLE AND THE Quality-Works.net SOFTWARE WARRANTY SET OUT ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OR ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW (IN CONTRACT OR TORT) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY. WITHOUT LIMITING THE ABOVE, QBD CORP DOES NOT WARRANT THAT QUALITY-WORKS.NET SHALL BE PROVIDED IN A MANNER FREE FROM INTERRUPTION OR ERRORS. Confidentiality – Subscriber shall not at any time whether before or after the termination of this Agreement disclose, furnish, or make accessible to anyone any confidential information. Confidential Information means all information of a nature or kind disclosed by QBD directly, or through Quality-Works.net, that implies a quality of confidence. QBD, its technical documentation, content or pricing strategies of QBD or any such similar information shall be deemed to be Confidential Information. Subscriber agrees that the fact of its use of QBD products or services may be disclosed to others by QBD, and Subscriber shall have the right to disclose to others that it uses Quality-Works.net. This Agreement is the complete and exclusive statement of the Agreement between QBD and Subscriber. This Agreement is not assignable by Subscriber. All notices and requests in connection with this Agreement shall be given or made upon the respective parties in writing. This Agreement and performance hereunder shall be governed by the laws of the Province of British Columbia, Canada. If Subscriber should default in the performance or observance of any of its obligations hereunder QBD may suspend performance and observance of any or all its obligations under this Agreement, without liability, until the Subscriber’s default is remedied. If you have ANY questions, please Contact Us.QUALITY-WORKS.net SUBSCRIPTION AGREEMENT
Definitions in this Agreement:
Requesting a Subscription
How to activate the Subscription
BY FILLING IN THE INFORMATION REQUESTED ON THE QUALITY-WORKS.NET WEB SITE AT WWW.QUALITY-WORKS.NET OR OTHERWISE REQUESTED BY QBD AND SUBMITTING THE SUBSCRIBER INFORMATION DULY EXECUTED TO QBD, THE PERSON OR LEGAL ENTITY IDENTIFIED AS THE SUBSCRIBER AGREES TO THE SUBSCRIPTION TERMS AND CONDITIONS SET OUT HEREIN (THE “AGREEMENT”) GOVERNING THE SUBSCRIBER’S AUTHORIZED PERSONNEL, GUESTS AND DESIGNATES ACCESS TO, AND THE SUBSCRIBER’S USE OF, QUALITY-WORKS.NET.
QBD Responsibilities to Subscriber
Quarterly or Semester Subscription Fee
Optional Professional Service Fees
Subscriber Responsibilities
The Subscriber agrees that it shall not:
How to End the Subscription
Other Legal Terms
NO INDIRECT DAMAGES – IN NO EVENT SHALL QBD BE LIABLE TO SUBSCRIBER OR TO ANY OTHER PARTY FOR INDIRECT DAMAGES OR LOSSES (IN CONTRACT OR TORT) IN CONNECTION WITH QUALITY-WORKS.NET OR ANY OTHER QBD PRODUCT, SERVICE OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES. IF FOR ANY REASON QBD BECOMES LIABLE TO SUBSCRIBER OR ANY OTHER PARTY FOR ANY DIRECT OR OTHER DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (IN CONTRACT OR TORT), INCURRED IN CONNECTION WITH THIS AGREEMENT OR QUALITY-WORKS.NET OR ANY OTHER QBD PRODUCT OR SERVICE, THE AGGREGATE LIABILITY OF QBD FOR ALL DAMAGES, INJURY, AND LIABILITY INCURRED BY SUBSCRIBER AND ALL OTHER PARTIES IN CONNECTION WITH QUALITY-WORKS.NET, OR OTHER QBD PRODUCT OR SERVICE, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE SUBSCRIPTION CHARGES AND FEES PAID TO QBD FOR ACCESS TO AND USE OF QUALITY-WORKS.NET IN THE MONTH IMMEDIATELY PRECEDING THE DATE OF SUCH DEFAULT. ALTHOUGH QBD MAY PROVIDE BASIC INSTALLATION AND OPERATIONAL SECURITY GUIDELINES WITH THE QUALITY-WORKS.NET, SUBSCRIBER AGREES THAT IT IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE SECURE ACCESS TO QUALITY-WORKS.NET, THE INPUT AND USE OF ALL SUBSCRIBER DATA, USE OF Quality-Works.net, ANY INTERNET TRANSACTIONS OR COMMUNICATIONS WITH OTHER SUBSCRIBERS, SUPPLIERS, DISTRIBUTORS OR ANY OTHER THIRD PARTIES. QBD HAS EXPLICITLY INFORMED YOU THAT THE INTERNET IS NOT A SECURE MEDIUM AND MAY BE INHERENTLY UNRELIABLE AND SUBJECT TO INTERRUPTION OR DISRUPTION AND INADVERTENT OR DELIBERATE SECURITY BREACHES. YOU ACKNOWLEDGE THAT YOU ARE NOT DEPENDING ON US OR OUR AGENTS OR REPRESENTATIVES WITH RESPECT TO INTERNET SECURITY OR SECURED COMMUNICATIONS.General
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