These terms and conditions (“Standard Terms”) are incorporated by reference into the request (the “Request”) submitted by the below indicated Client or its agency (jointly and severally, “Client”) to Resonant cash flow. In the event of a conflict between these Standard Terms and the Request, these Standard Terms shall govern. These Standard Terms and the Request are collectively referred to herein as the “Agreement.”
Submission of your Request is merely an offer to Resonant cash flow to use commercially reasonable efforts to provide the services and deliver the deliverables described in the Request for the price proposed therein. The Request is not binding on Resonant cash flow unless or until Resonant cash flow delivers written confirmation of its acceptance of the Request to the Client. Resonant cash flow reserves the right, in its sole discretion, to accept or reject any Request. Acceptance of a Request only obligates Resonant cash flow to use commercially reasonable efforts to provide the services described in the Request. In the event Resonant cash flow accepts a Request , Client shall have thirty (30) days to make its survey available to Resonant cash flow as required by the Request . In the event Client fails to do so within such sixty (60) day period, the Agreement shall immediately terminate. In the event Resonant cash flow rejects a Request , it may propose an alternative price and/or scope of work for the Request, which such alternative proposal shall be merely an offer to the Client to provide such services and deliver such deliverables as specified in the alternative proposal. Unless otherwise stated in such an alternative proposal, the alternative proposal shall be valid for a period of sixty (60) days from the date of sending. If not accepted by Client (as confirmed in a writing received by Resonant cash flow) during such period, Resonant cash flow’s alternative proposal shall be automatically revoked.
Promptly after sending written confirmation of its acceptance of Client’s Request ,Resonant cash flow will invoice Client the amount set forth in the Request. Unless otherwise stated in Resonant cash flow’s insertion order: (i) payment of fifty percent (50%) of such amount shall be payable to Resonant cash flow upon receipt of the invoice; and (ii) payment of the remaining fifty percent (50%) of such amount shall be payable upon Resonant cash flow’s delivery to Client of the deliverables set forth in the Request. In the event Resonant cash flow is unable to obtain the number of surveys specified in an Request in accordance with the terms of such Request, Resonant cash flow shall: (i) reduce the Request price charged to Client by a percentage equal to the percentage deficiency in surveys it is able to deliver in accordance with the Request; and (ii) provide Client with a ten percent (10%) discount on its next Request accepted by Resonant cash flow. Amounts unpaid by Client after thirty (30) days shall bear interest at the rate of one-and-one-half percent (1.5%) per month (or the highest rate permitted by law, if less) until paid in full. In the event of any failure by Client to make payment, Client will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Resonant cash flow in collecting such amounts. Without limiting any other remedy available to Resonant cash flow in law or equity, in the event that Client is in default of its obligations hereunder, including without limitation delinquent in payments required to be made hereunder, Client shall upon notice by Resonant cash flow cease-and-desist from any further use of any information, materials or other deliverables acquired under this Agreement. All payments due hereunder are in U.S. dollars and are exclusive of any applicable taxes. Client shall be responsible for all applicable taxes.
During the term of this Agreement, and until such time as the “Confidential Information” (as defined below) is no longer protected as a trade secret or confidential information under New Jersey law, neither party will use or disclose any “Confidential Information” of the other party except as specifically contemplated herein. “Confidential Information” means information that: (1) is sufficiently secret to derive economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy or confidentiality. Subject to the foregoing: (i) Confidential Information of Resonant cash flow includes, but is not limited to, the sources from which it obtains survey respondents, and the methods by which it obtains survey respondents; and Confidential Information of either party includes, but is not limited to, technical or non-technical data, a formula, pattern, compilation, program, device, method, technique, drawing, process, financial data, or list of actual or potential customers or suppliers, the advertisement before publication, and the terms of the Request. Confidential Information does not include information that: (i) has been independently developed by the receiving party without access to the other party’s Confidential Information; (ii) has become publicly known through no breach of this Section by the receiving party; (iii) has been rightfully received from a third party authorized to make such disclosure; (iv) has been approved for release in writing by the disclosing party; or (v) is required to be disclosed by a competent legal or governmental authority. At the request of the disclosing party, the receiving party shall return all of the disclosing party’s Confidential Information to the disclosing party.
Resonant cash flow warrants that: (i) it will provide its services hereunder in a professional and workmanlike manner; and (ii) the third parties with which it contracts to assist it in obtaining respondents for surveys are required by their agreements with Resonant cash flow to comply with the federal CAN-SPAM Act. WITH THE EXCEPTION OF THE PRECEDING WARRANTY, RESONANT CASH FLOW MAKES NO WARRANTY WITH RESPECT TO ANY MATTER INCLUDING, WITHOUT LIMITATION, ITS SERVICES AND DELIVERABLES HEREUNDER, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY OR FUNCTIONALITY OF ANY ASPECT OF THE SERVICES OR DELIVERABLES HEREUNDER.
In the event that Resonant cash flow fails to deliver any services or deliverables, including completed surveys, in accordance with, and within the time period(s) set forth in, the applicable Request, or in the event of any other failure, technical or otherwise of such services or deliverables, the entire liability of Resonant cash flow and the exclusive remedy of Client shall be limited to the price reduction and future credit set forth in Paragraph 3 above. IN NO EVENT SHALL RESONANT CASH FLOW BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF RESONANT CASH FLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL RESONANT CASH FLOW’S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM EXCEED THE AGGREGATE AMOUNT OF THE ORDER. Without limiting the foregoing, Resonant cash flow shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition affecting production or delivery in any manner beyond the control of Resonant cash flow. Client acknowledges that Resonant cash flow has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
This Agreement and the Request constitute the entire agreement of the parties with respect to the subject matter of the Request. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to principles of conflicts of law. Any dispute arising out of or relating to this Agreement shall be brought exclusively in the federal or state courts located in the State of New Jersey, the jurisdiction and venue of which the parties irrevocably consent to for this purpose. This Agreement may be amended only by a writing executed by a duly authorized representative of each party. Client shall make no public announcement regarding the existence or content of the Request without Resonant cash flow’s prior written approval, which approval shall not be unreasonably withheld. Any notices under this Agreement shall be sent to the addresses set forth in the Request (or in a separate writing) by facsimile or nationally-recognized express delivery service and deemed given upon receipt. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. If any provision contained in this Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
Disclosure of Personal Information
Personal Information Disclosure: RESONANT CASH FLOW will not trade, rent or sell your personal information, without your prior consent, except as otherwise set out herein.
Security Measures on our Sites
Secure Shopping: When you place orders on our Site, all of your order information, including your card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our Sites from capturing and viewing your personal information.
Order Information: Since any order information you provide to us on our Sites will be transmitted using a secure connection, if your Web browser cannot support this level of security, you will not be able to order products through our Sites.
No data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your personal information from unauthorized access, use or disclosure, RESONANT CASH FLOW cannot ensure or warrant the security of any information you transmit to us on our Sites.
Toll number: When you call our Call Centre about a product, delivery, a billing question, to place an order or for customer service, you may be asked for information that identifies you along with additional information we need to help us promptly answer your question, such as your name and address and a phone number where we might contact you. We may retain this information to assist you in the future.
We may also send you mail, email or call you with information about our product and service offerings if you have provided us with your name and address, email address or phone numbers through our Call Centre or Site. If you would like to stop receiving such promotional information from RESONANT CASH FLOW, please notify us via our toll number.
Your Suggestions: We use your feedback, suggestions, and comments solely to monitor and/or improve the use and features of our Site, Call Centre, and our product and service offerings.
If your purchases are being shipped to you, we will share your shipping information on a confidential basis with our delivery Service Providers ( UPS, FEDEX and TRANET). Our delivery Service Providers are prohibited from using your personal information for any purpose other than making the delivery.
Visiting our Sites: In general, you can visit our Sites without telling us who you are or providing us with any information. However, we collect the IP (Internet protocol) addresses of all visitors to our Sites and other related information such as page requests, browser type, operating system and average time spent on our Sites. We use this information to monitor and improve our Sites.
Tracer Tags: Our Sites may also use a technology called "tracer tags". These may also be referred to as "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on our Sites. These tracer tags are used to help us optimize and tailor our Sites for you and other future website visitors.
Third party links: Our Sites may include links to the websites of our business partners, vendors and advertisers. Except as provided herein, we will not provide any of your personal information to these third parties without your prior consent.
RESONANT CASH FLOW may provide links to third party websites as a convenience to the user. The inclusion of any link does not imply RESONANT CASH FLOW endorsement of any other company, its websites, or its products and/or services. These linked websites have separate and independent privacy policies, which we recommend you, read carefully. We have no control over such websites and therefore have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose and otherwise treat your personal information.
Content on third party web pages may change without our knowledge. RESONANT CASH FLOW does not exercise editorial control over the information found at those locations. RESONANT CASH FLOW makes no representations regarding the content or accuracy of any independently owned and operated websites accessed through this site.
Security of Personal Information
We will maintain the confidentiality of all personal information collected in our site, our Call Centre and via email and will only transfer such information to employees of RESONANT CASH FLOW who require such information for the purposes described in this Privacy and Security Statement. We maintain administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. We maintain your personal information for as long as required for the purposes set out in this Privacy Statement, or as otherwise required or permitted by law.
If for any reason you need to demand for a refund, this must be done within 48-72 hours of product or service delivered, you must contact us through an email and you must scan and send us Driver’s license, National ID or International Passport that has the same name and details in your account profile. If the need for a refund is caused by us, or we consider it necessary, refund will be made in (2) business days from the day we received the refund request.
If there are any questions regarding this refund policy you may contact us using our contact us page or information below.
By submitting Request to Resonant cashflow, Client assents and agrees to these Standard Terms.