THIS AGREEMENT is made and entered between True Dropshippers a Premier Hosting, Inc.Company hereinafter referred to as PHInc™ and the Customer, who wishes to use the services of PHInc™ in accordance with PHInc™' standard application, the SignInOnline™ Form. Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows: CONDITIONS: The application and this Agreement constitute a binding contract between PHInc™ and the Customer and do not extend to any other person or entity. ILLEGAL INFORMATION: PHInc™ does NOT endorse any site, which contains or promotes illegal products or information of any kind. UNILATERAL SERVICE REVOCATION: In the event that PHInc™ may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, PHInc™ may immediately discontinue such service to the Customer without liability. PAYMENTS: Payments are due according to the selected fee schedule provided on our website. Dropshippers list Subscriptions will be billed a minimum of one (1) year in advance depending on the selected product. Subsequent payments are due on the renewal date per the selected product fee schedule. In the event that the Customer fails to pay for such services in advance, PHInc™ shall be entitled to unilaterally discontinue the service until payment is made. RATES: PHInc™ currently has different a rate for different services, please review our website for those services and rates CHARGE BACKS: A Charge Back is considered a DEFAULT in this contract and your membership will be suspended. If client disputes justified charges and files a chargeback against PHInc™, then PHInc™ reserves the right to suspend your account and immediately discontinue service. You will be charged a $300.00 administrative fee for each charge back you file. REFUNDS: When you use our signup form YOU WILL place this code 1yrteed in the field box Ad Code Box. If you are not happy with this service after 50 weeks, we will refund your money back to you, less any PayPal or Credit Card fees to your account.
REFUND INFORMATION: We have strict conditions, because they need to be. The product is informational in nature, and as such it is easy for True Dropshippers to be victimized by those who take what they need and then request a refund. Our Refund rule puts a stop to this type of practice bu individuals. Purchaser’s refund rights are only as described above with no exceptions If you attempt to do a chargeback, you will loose your right for a refund after the 50 weeks has passed.. NSF FEES: PHInc™ charges a $25.00 fee for all NSF items that are returned to the company. MISCELLANEOUS FEES: In compliance with the Collections Department PHInc™ also charges $10.00 per paper invoice needed and $10.00 per Contract/Agreement that is requested by the customer and/or outside Collections Agency or Legal Representative. DROP SHIP: We are NOT the Dropshipper, and we do NOT ship or have control on any products. YOU understand that we will provide you with a list of our drop shippers and you MUST get an account with the Dropshipper in order to sell their products. PHInc™ or its affiliates are NOT responsible for ANY and ALL grievances between you and the Dropshipper. We are NOT responsible for the pictures of the products or the picture quality, if they are unavailable. You agree to HOLD US HARMLESS. You agree and understand that you MUST abide by the Dropshipper policies and we are independent of any and all Dropshipper. You the customer understand that PHInc™ or its affiliates will NOT return any funds to you for any reason what so ever. DROP SHIP FEEDS: We developed relationships with many Dropshippers so you may sell their products. You may import and use these feeds for one ecom store only. SUPPORT: Support is offered through our Help Desk System or by phone. Support is always offered to you, our valued customer at no charge. PRIVACY: We will not give any information about you, your company or your employees to any, firm, individual, company or government office without a federal court order to do so. Your private information including email addresses will not be sold to any of the above entities as well. All critical information is encrypted and is security monitored on our servers. We will not speak to anyone who is not listed on your account for any reason what so ever. If you wish others to be able to speak with us regarding your account, website etc. you must first provide us with a written statement signed by you and notarized that you gave them permission to act on your behalf. The Billing Department of PHInc™ and its subsidiaries comply with all Federal and State policies concerning the release of information. PHInc™ does not release personal information and follows the rule under YOUR PROTECTION as listed above. TECHNOLOGY: The technology we use and allow you to use while you’re a member of True Dropshippers ™ is proprietary, and is STICKILY forbidden to share with others. You agree not to use our technology or any other proprietary services offered by PHInc™ in any other manner or on any other server(s) without our written consent. YOU agree NOT to use any of our technology or business model in any form of competition for at least 3 years after written termination of this agreement. INJUNCTION STIPULATION: Purchaser forever agrees and stipulates that in the case of any alleged violation of this contract, True Dropshippers a Premier Hosting, Inc. Company its assignees and successors, shall have the immediate right to the issuance of a temporary injunction restraining and preventing further violations of this agreement. You the purchaser and its successors forever waive any requirement of notice of any hearing or the posting of any bond for the issuance of said injunction. Purchaser and its successors forever stipulate said injunction shall remain in place without the requirement of any bond until the Court of competent jurisdiction issuing the injunction rules finally on the merits of the case WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that PHInc™ makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that PHInc™ shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data (including database data in any format), email data, delays, non-deliveries, or service interruptions. DAMAGE LIMITATION: Our cumulative liability to you for any and all claims relating to or arising out of your website or usage shall not exceed the total amount of the monies or fees you have paid to us within the prior year. PHInc™ and its affiliates shall in no event be liable for any punitive or consequential damages, or lost profits, even if we have been advised of the possibility of such damages, and even if any exclusive remedy provided for in this agreement fails of its essential purpose. It is understood that if the customer believes that they have incurred damages that the damages the customer can suffer will NEVER be greater than the amount that the customer has paid to PHInc™ or any if its subsidiaries in the past year The customer agrees that if the monies or fee that were paid to PHInc™ are less than $5000,00 the only remedy the customer has is by using Small Claims Court in Winnebago County, Wisconsin, USA. CANCELLATION POLICY: You may cancel at anytime, you will not get a REFUND for any services you paid for in advance. TERMS: All terms for membership is based upon a 1 year contract, except for the XLS feeds which are base by month to month. RENEWAL: All contracts are automatically renewed, by paying for your membership at the end of the prior term REFUSE SERVICE: PHInc™ reserves the right to refuse service to anyone at any time for any reason. PHInc™ reserves the right, in its sole discretion, to deactivate your account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client's account or the traffic on this account causes any kind of network or server problem or disturbances. PHInc™ reserves the right to refuse service to you or your company for any type of slander, defamation or harassment to our companies, staff or to our affiliates. CHANGES IN TERMS OF AGREEMENT: PHInc™ reserves the right to make changes to the terms and conditions of this Agreement. It is the Customer's responsibility to periodically review the Web Hosting Contract and Terms of Service Agreement). Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s). GOVERNING LAW: the laws of the State of Wisconsin in the United States of America shall govern This Agreement. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect. You are deemed to be entered into this contract / agreement performed in Menasha, Wisconsin. These Rules shall be governed by and construed in accordance with the laws of the State of Wisconsin and without regard to conflicts of law provisions. You consent to exclusive personal jurisdiction and venue in Winnebago County, Wisconsin, and agree that it shall be the sole forum and venue for any and all disputes between you and PHInc™. ARBITRATION. Any controversy, dispute or claim of any nature whatsoever arising out of, in connection with your website or these Rules, or involving you and PHInc™, including the issue of any such claims in the amount of $5001.00, or more will be resolved by binding arbitration before a retired judge located in Winnebago County, WI. At the sole discretion of PHInc™. The prevailing party will be awarded all costs and expenses, including without limitation all arbitration, expert witness and attorney fees, costs and expenses. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity. TrueDropshippers is a Trademark ™ of Premier Hosting, Inc |