By Registering with Status26 Inc. you are agreeing to our Master Service Agreement as follows:
This Master Services Agreement (Hereafter, “MSA“) describes the duties and relationship between the person registering as the Customer, (Hereafter collectively referred to as “Client” “you” and “your”) in mutual agreement under which we provide Services to you and your business located at Your Place of Business (Also hereafter, referred to as “Client“) and Status26 Inc. of 2727 Lyndon B Johnson Freeway Suite 785, Dallas, Texas 75234 (Hereafter, “Status26”) and Services to which we mutually agree. The Services described in the Invoice being purchased are specified in a physical, electronic or online campaign addendum (“Campaign Addendum”) or scope of work agreement (“SOW”) executed (or, if online, accepted pursuant to an online order process) by the parties which reference this MSA.
SCOPE OF AGREEMENT. This MSA along with the accepted Scope of Work agreement document(s) signed by the client represents the entire agreement (Hereafter, “Agreement”) between Client and Status26.
CLIENT RESPONSIBILITY. In addition to all responsibilities outlined within the full scope of this Agreement, Client agrees to the following:
- Signup for an AWARE account at https://aware.status26.com.
- Within AWARE, client agrees to set up their payment account, manage their notifications, retrieve their invoices, and process payments.
- Make themselves easily accessible throughout all engagements to provide direction and feedback on the work being performed on their behalf in a timely manner.
- To carefully review all Scopes of Works, Acceptances, and invoices and report errors, issues, concerns, and/or mistakes as soon as they are discovered.
- To pay for services in full on or before the invoice due dates.
AUTHORIZATION TO CHARGE PAYMENT METHOD. Unless check payment is received before the due date, Client authorizes Status26 to charge any payment method Status26 has on file to settle past due invoices.
WARRANTY. Status26 shall provide its services in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Status26’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Status26 on similar projects.
REMEDIES. In addition to any and all other rights Status26 may have available according to law, if Client defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), and clients fails to correct deficiency within ten (10) business days of proper notice, the full price of the service plus reasonable collection costs, less fees already collected, become immediately due.
ARBITRATION AGREEMENT. Client and Status26 mutually agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Denton, Texas. Texas law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
DISPUTE RESOLUTIONS. In the event of a dispute, both parties agree to continue performing their duties unto this agreement. Notwithstanding, in the event of past due invoices, Status26, in its sole discretion, may terminate or suspend services on Client’s account until all past due invoices are paid current.
ARBITRATION / ATTORNEY’S FEES TO PREVAILING PARTY. In the event Status26 prevails in any action arising hereunder or any separate action pertaining to the validity of this Agreement, Status26 shall be awarded reasonable attorney’s fees and costs incurred during arbitration.
COLLECTION COSTS. In the event of default for non-payment or partial payment, Client agrees to pay reasonable collection costs incurred while attempting to collect.
INTEREST ON PAST DUE INVOICES. All accounts not paid in full within 30 days of date of invoice shall incur a late charge of 3/4% up to the maximum allowed by Texas law per month from the due date until open invoices are paid in full.
CONFIDENTIAL INFORMATION. Each party acknowledges that in connection with this Agreement it may receive certain conﬁdential or proprietary technical and business information and materials of the other party, including without limitation all unfinished and “in progress” work product. Each party, its agents and employees shall hold and maintain in strict conﬁdence all Conﬁdential Information, shall not disclose Conﬁdential Information to any third party, and shall not use any Conﬁdential Information except as may be necessary to perform its obligations under this agreement. Conﬁdential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of conﬁdentiality.
SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If the arbitrator or court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages.
GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Texas.
AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if posted in AWARE, delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to the current address provided by client in AWARE.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
LIMIT OF LIABILITY. Unless specifically stated in the Scope of Work or related acceptance, Status26 total liability will not exceed the revenue collected from the Client or $500, whichever is less.