Note: This Service Agreement is for clients of RdyToGo who are subscribed to the Firebolt WordPress Website Maintenance Service or have purchased Support Tokens.
This agreement of services (the Service Agreement) is between:
Both parties agree to all terms, conditions, definitions, disclosures, and disclaimers of the Service Agreement.
If You do not agree, You must discontinue Your use of the Firebolt Service.
This Service Agreement is made effective as of the date of You subcribed to the Firebolt Service or the date of electronic acceptance.
You will compensate Us as described in the Your Payments section for Our services as described in the Scope Of Work section (the Firebolt Service). We are not selling or bundling any products or goods with the Firebolt Service.
We may, in Our sole and absolute discretion, change or modify this Service Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to Our Website. Your use of Our Website or the Firebolt Services after such changes or modifications have been made shall constitute your acceptance of this Service Agreement as last revised. If you do not agree to be bound by this Service Agreement as last revised, do not use (or continue to use) Our Website or the Firebolt Service. In addition, We may occasionally notify you of changes or modifications to this Service Agreement by email. It is therefore very important that you keep the information in your account with Us (Account) current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, We may terminate Your use of Firebolt Service for any violation or breach of any of the terms of this Service Agreement by You. WE RESERVE THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF OUR WEBSITE OR THE FIREBOLT SERVICE, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
Below is a list of definitions used in this Service Agreement and any of the Service Agreement’s attachments, annexes, or schedules.
The Firebolt Service includes two kinds of tasks that We perform on Your Website:
All Support Tokens become valid on the first day of the month that You purchase them, and Your payment clears Our bank account. (For example, if you purchase a Support Token on January 25th and Your payment clears Our bank on January 27th, then it will be valid on January 1st.)
You will pre-pay for each calendar month of the Firebolt Service unless either party terminates the Firebolt Service and this Service Agreement.
The amount You pay is defined either by a Contract You have agreed to, an advertised rate that you have accepted, or a rate that We have offered you.
Rates are subject to change. If the rate changes, You have the option not to renew the Firebolt Service before the rate change affects Your next payment.
You may purchase additional Support Tokens at any time. If you are buying more than one additional Support Token at a time, the prices will be discounted as per the following table. Rates are subject to change.
You will make all payments with an acceptable form of payment. We will not accept other forms of compensation, such as, but not limited to, referrals, or the trading of products or services.
Both parties consider a payment late if it is received it on any day after the due date.
You agree to pay these additional fees if applicable:
We may choose not to charge a particular fee that is due. If We fail to charge a fee or delay charging a fee, it does not constitute a change in the fees, due dates, or exempt You from the fee or future fees.
The Firebolt Service is made of two types of tasks; (1) Core Tasks and (2) Support Token Tasks.
These tasks are performed only once after the (1) execution of the Service Agreement and (2) the first payment is cleared in Our bank account. The typical duration of the Initial Set-Up tasks is less than two workdays. We may perform the following Core Tasks based on Our assessment of Your Website.
These tasks are performed on a recurring basis, after the (1) Initial Set-Up Tasks and (2) if the current month’s payment is cleared in Our bank account. We may perform the following steps based on Our assessment of Your Website.
You can exchange Support Tokens only for tasks listed in the catalog. These tasks are performed only when all these conditions are met:
Change the way something looks
Troubleshoot and fix a WordPress problem
Produce a report about Your Website
Optimize Your Website
Add new functionality to Your Website
WordPress settings and Database work
When a Support Token Task for an error or problem with Your Website occurs, We will choose to attempt any the following resolutions as we deem necessary:
You authorize Us to use ManageWP, a Third-Party service that We use to perform the Firebolt Service with Your Website. You agree to be bound by the terms and conditions of ManageWP. We may install, activate, and connect the ManageWP Worker Plugin on Your Website at Our discretion. You allow us to keep this plugin installed, activated, and connected to Our account in the ManageWP service for the duration of the Firebolt Service.
If We opt to provide the inspection and report, We will inspect Your Website and produce a report of installed Plugins, Themes, WordPress version, website speed, etc.
You authorize Us to use Cloudflare, a Third-Party service that We use to perform the Firebolt Service. You agree to be bound by the terms and conditions of Cloudflare if any of Cloudflare’s services are used in the performance of the Firebolt Service. We will connect the Cloudflare free service to Your Website by pointing your Domain Name’s nameserver records to the nameservers provided by Cloudflare. You allow us to keep Your Website connected to Our account with the Cloudflare service for the duration of the Firebolt Service. The Cloudflare service will provide the following services to Your Website: Firewall, CDN, DNS, and the client-SSL certificate. (We will use the SSL that You or Your Hosting Provider generates as the origin-SSL certificate.)
In the case that Your setup is not supportive of Cloudflare’s Firewall, CDN, DNS, and SSL solution, these services and the use of Cloudflare may not be used by Us, and You will be informed, however, there are no discounts or refunds.
We may either (1) manually backup through the cPanel, (2) manually backup by downloading the files, and the database over FTP, (3) automatically back up through the use of a Third-Party Plugin, or (4) automatically backup through the ManageWP service.
We may either (1) update through the WordPress Dashboard, (2) manually update by uploading new files and overwriting old files, (3) update through the use of a Third-Party Plugin, or (4) update through the ManageWP service.
There are times when We don’t perform an available update. We may decide not to perform or to delay the performance of an update if:
You authorize Us to use a set of Third-Party services and a Plugin from Google (Alphabet, Inc.) that We use to perform the Firebolt Service. If You have not already set-up Your Website to use Google’s offering, we may set-up, install, connect, or configure: (1) Site Kit by Google, (2) Google Search Console, (3) Google Analytics, (4) Google PageSpeed Insights, or (5) Google Tag Manager. You agree to be bound by the terms and conditions of Google if any of Google’s services are used in the performance of the Firebolt Service.
You authorize Us to use WP Rocket, a Third-Party service, and a Plugin from WP Media, We use to perform the Firebolt Service. WP Rocket accelerates the performance of Your Website by compressing data, caching, and other methods to make Your webpages load faster. You are only licensed to use this Plugin and service while using the Firebolt Service.
If Your Hosting account has reached its file storage limit or other resource limits, this may impede, delay, or prevent this service until the problem is rectified. Read the “Hosting Service Resource Limits and Account Suspension” section below.
Upon termination of the Firebolt Service, Your use of WP Rocket is revoked, unless You have purchased a license to WP Rocket. In the case that Your setup is not supportive of WP Rocket, We may not use it, and You will be informed, however, there are no discounts or refunds.
You authorize Us to use Wordfence, Sucuri Security, and WP Security Audit Log, these are Third-Party services and a Plugins from Defiant, Inc., Sucuri, Inc., and WPWhiteSecurity.com, that We use to perform the Firebolt Service. These Plugins protect and secure Your Website. We may choose to use and install one, two, all, or none of these Plugins. You agree to be bound by their terms and conditions if they are used in the performance of the Firebolt Service. If used, we will only install the free versions of these Plugins and services unless You have purchased the paid or Premium Plugin version.
If Your Hosting account has reached its file storage limit or other resource limits, this might impede, delay, or prevent this service until the problem is rectified. Read the “Service Resource Limits and Account Suspension” section below.
Website security and antivirus solutions are not perfect and are comprised of layers of protection. Additionally, if Your Website is hacked, hijacked, infected, damaged, or otherwise destroyed due to a security issue, virus, hacker, or other related cause, We are not responsible for any losses. Both parties agree to use secure passwords and procedures when working with Your Website, Third-Parties, and the Firebolt Services.
We will use ManageWP to clear old post revisions and other unused overhead out of Your Website’s Database.
You may request Us to perform any of the following types of changes to your Theme. (These changes will affect every webpage on Your Website)
You may request Us to perform any of the following types of changes to no more the two webpages/blogposts on Your Website.
You may request Us to perform any one of the following types of changes to the page/post-template on Your Website.
You may request Us to perform these steps on Your Website (if applicable).
Attempt to resolve the issue if the website or logs reveal a theme-related, plugin-related, or widget-related error
You may request Us to perform these steps for one contact form on Your Website (if applicable).
You may request Us to perform these steps on Your Website (if applicable).
You may request Us to perform these steps on Your Website for no more than three users (if applicable).
You may request Us to troubleshoot and fix issues preventing images and thumbnails from correctly displaying on Your Website for no more than five images (if applicable). You must provide the missing images, or already be uploaded on the hosting account.
You may request Us to perform these steps on Your Website (if applicable).
You may request Us to perform these steps on Your Website (if applicable).
You may request Us to perform one of these steps on Your Website (if applicable).
You may request Us to perform a restoration of Your Website if a reliable Backup Copy is available. We will attempt to use a copy of a website’s files and database that was produced from the secure Website Backup to restore or make a newly published copy of the website to Your Hosting Service. It could be possible that We are unable to perform a website restoration if a Backup Copy is damaged or corrupted after Your Hosting has already terminated. Some Hosting Services also perform Backup Copies. We may contact the Hosting Service and ask for them to perform a website restoration if needed. The results of website restorations are unpredictable and less reliable.
We will attempt to scan for infected files. Then we will take appropriate actions against any issues found by the scan. If the issue remains unresolved, we will use the Procedure For When A Problem Occurs section to resolve the issue.
Some website infections could cause lingering problems for You, such as Your Website being blacklisted or marked as an unsafe website. These problems are usually reversible and may require action from both parties. Additionally, it might not be apparent that a lingering problem exists. We are NOT REQUIRED to check for or inform You of these kinds of lingering issues. However, We will attempt to assist you with them when We become aware of them.
You may request Us to prepare a report about Your Website that includes:
You may request Us to prepare a report about Your Website that includes:
Whenever possible, we will recommend follow-up tasks and services to help improve performance.
You may request Us to optimize a WordPress database by removing gaps in the data to reduce its size and potentially speed up the site.
You may request Us to reduce the load time of a site by reducing the size of images without affecting their quality.
You may request Us to perform these steps on Your Website (if applicable).
You may request Us to perform one of the steps below on Your Website (if applicable).
You may request Us to perform one of the steps below on Your Website (if applicable).
You may request Us to perform one of the steps below on Your Website (if applicable).
You may request Us to perform the following steps below on Your Website (if applicable).
You authorize Us to install and configure Your Website to send transactional emails through a Third-Party Service that You will subscribe to, such as MailJet.
You may request Us to perform one of the following tasks:
You may request Us to perform one of the following tasks (only if Your Hosting Provider allows it):
You may request Us to perform one of the following (only if Your Hosting Provider allows it):
You may request Us to unzip a .zip file to a specified folder on the Hosting account
You may request Us to perform one of the following:
You may request Us to Move WordPress files to another folder. We will update Your Website and home URLs to match the new location. Additional services may be required to create a functional copy of Your Website.
You may request Us to create and activate a Child Theme.
You may request Us to update up to 5 of the following records for Your Website across all pages and posts:
You may request Us to Update the Domain for Your Website in the WordPress settings. We will Search/Replace of old Domain with the new Domain to ensure functionality.
Any work or steps not mentioned in this section is beyond the scope of work to be performed by Us in connection with the Firebolt Service.
Tasks that are beyond the scope of this Service Agreement and are not available in the Firebolt Service include but are not limited to:
Except for performing any Inappropriate work, You may contract Us separately to perform these tasks.
We record all work time that each member of Our team spends performing any work that is beyond the scope of this Service Agreement, including, but not limited to, time spent with:
We track time spent performing the work that is beyond the scope by the half-hour increments. We invoice work that is beyond the scope every week. We tally any time accrued during a week and round-up by the nearest half-hour increment. For example, 1h 20m will be tracked as 1.5h.
For both parties’ protection, We may verify that communications between both parties, such as but not limited to, messages, phone calls, or Support Tickets, are not false, forged, or impersonations of You or any of Your staff. If a communication, message, or Support Ticket fails to pass the security review, it may be discarded, and We may inform You.
We verify that a Support Ticket conforms to all the policies listed below. If a Support Ticket fails to pass this policy review, We will mark the Support Ticket as pending or closed depending on the situation and inform You.
There are four ways to terminate the Firebolt Service and this Service Agreement:
We may allow a period of a few days to pass before terminating the Firebolt Service.
Valid Support Tokens do not cease with the core tasks of the Firebolt Service. Support Tokens only expire, terminate, and become invalid: (1) when exchanged for a Support Token Task from the Support Token Task Catalog, (2) if they are not exchanged then within one calendar year of the day it becomes valid, or (3) if you forfeit them.
Upon Termination of the Firebolt Service, any Premium Themes and Premium Plugins install or provided by Us must be removed, deleted, or discontinued, with their licenses revoked from You. You will not at any time make a copy of the Premium Themes and Premium Plugins that We have provided as part of the Firebolt Service. Nor will You re-activate them after the termination of the Firebolt Service.
After the Termination of the Firebolt Service (after We remove, delete, and revoke Our licenses to the Premium Themes and Premium Plugins from You), You may enter into a separate contract with each Third-Party to obtain (or retain) the same Premium Themes and Premium Plugins that We used. You, however, would assume all responsibilities and obligations regarding these Premium Themes and Premium Plugins and their maintenance, update, and support.
By terminating the Firebolt Service, You take on full responsibility to handle any of the tasks that We had performed as part of the Firebolt Service. You will absolve Us of all liability regarding any part of Your Website or business active immediately. If You make any mistakes or receive any losses, You accept full responsibility. You will indemnify and hold Us harmless to any copyright infringement or abuses, including attorney fees and legal expenses that are incurred from termination onward.
The timing of Website Backups tasks may not terminate upon the termination of the Firebolt Service. Additionally, any Backup Copies We may have may be deleted. However, We, at Our discretion, may keep a Backup Copy.
We may remove WP Rocket as described in the “Termination of the Premium Themes and Premium Plugins” section. This removal may affect the performance of Your Website negatively. You will not hold Us responsible. Additionally, if You wish to continue benefiting from the Cloudflare service, you must set-up an account with them and reconnect Cloudflare to Your website with Your account.
You guarantee, represent, and warrant that all the Content You provide Us for performing the Firebolt Service is owned, copyrighted, or licensed by You. And that You have obtained all waivers, authorizations, and other documentation that may be appropriate to evidence such ownership or licensing. We have the right to require You to show proof of such evidence and make duplicate copies of such evidence for Us to keep at any time. You agree to indemnify and hold harmless Us to any copyright infringement or abuses, including attorney fees and legal expenses that may be the result because of claims by Third-Parties related to such materials.
For clarification, Your Premium Themes and Premium Plugins are those that You acquired, purchased, licensed, or otherwise provided for use with Your Website. You will not ask Us to pay for or renew the license of any of Your Premium Themes and Premium Plugins under any circumstance. You will not expect Us to keep Your Premium Themes and Premium Plugins to be maintained, updated, upgraded, or working if your license to use them has expired.
For clarification, Our Premium Themes and Premium Plugins are those that We acquired, purchased, licensed, or otherwise provided for use as part of the Firebolt Service. You grant us the right to use, and We may make use of Premium Themes and Premium Plugins. (Example: We often use the WP Rocket plugin to boost a website’s speed and performance.) If We do choose to use Our Premium Themes and Premium Plugins, We will provide them at no extra cost to You while We are performing the Firebolt Service. And We may maintain, activate, deactivate, update, install, uninstall, delete, or upgrade them. Upon termination of the Firebolt Service, we will deactivate, uninstall, and delete them (see “Termination” section.)
Due to various causes, both natural and human-made the Firebolt Service or Your Website could become unavailable or experience downtime. Third-Parties could cause these outages (see the “Third-Parties” section.)
You realize that the website may experience downtime or error messages while it is undergoing maintenance, such as a Core Task. You will allow a reasonable time for the performance of the Firebolt Service to become complete and the website to be brought online.
The Firebolt Service makes use of various services, plugins, and code, which include those from Third-Parties. Many of the Third-Parties may have entered into agreements, contracts, or licenses with either party separately.
Both parties will indemnify each other from Third-Parties according to the “Indemnity” section. You will not hold Us responsible for the actions of any Third-Party or for any downtime, outages, or other losses associated with them at any time. You will be solely and entirely responsible for the ongoing use, payment, renewal, support, and maintenance of Your Domain Name, Hosting Service, or any other Third-Party except the Premium Themes and Plugins that We have purchased or made available for use as part of performing the Firebolt Service. If Your Hosting Provider terminates Your Website for any reason, You will not hold Us responsible to republish, take over the hosting responsibility without a separately executed contract and compensation, or make the website work again without an independently executed contract and compensation.
Both parties will make reasonable efforts to work and cooperate with a Third-Party. You grant Us the right to act on Your behalf while performing the Firebolt Service in connection with any Third-Party.
Your agreement with Your Hosting Provider grants You limited amounts of computer and Internet resources, such as an Internet connection speed, disk storage space, memory usage, bandwidth, etc. If You meet or exceed the limits stipulated by Your Hosting Provider, they could temporarily suspend Your account, or other unwanted consequences may arise. If this happens, Your Website may still partially function, often confusing both parties. Your Hosting Provider may also suspend or limit resources if Your payment failed or is late.
When these issues with Your Hosting Provider arise, You will choose how You wish to handle the problem. You may either (1) make changes that lower the usage of these resources, or (2) upgrade the current package or agreement, You have entered into with the Hosting Provider to a plan that has ample resources for Your Website’s needs.
Various governing bodies regulate how both parties store, share, process, use, and disclose-the-use of the personal or private data of their citizens and residents. It is Your obligation and responsibility to learn, understand, and follow these laws. We are not legal counsel and not providing legal advice, and You will not construe us to be legal counsel or as providing legal advice.
We may inform You of the technical requirements that could be required to comply with various laws and regulations. You will not hold Us responsible for Your failure to comply with any part of any statute or regulation under any circumstances; also, You will not require, ask, or expect Us to inform You about compliance with any law or regulation. You will indemnify and hold harmless Us against any legal or financial obligations related to failure to comply with any laws.
Our Privacy Policy is publicly accessible on their Internet webpages located at https://rdytogo.com/legal/privacy-policy/.
While there is no singular law or regulation in the United States about privacy, the following federal and state laws may apply to You; (1) The Americans With Disability Act, (2) The Cable Communications Policy Act of 1984, (3) The Children’s Internet Protection Act of 2001 (updated in 2013), (4) The Computer Fraud and Abuse Act of 1986, (5) The Computer Security Act of 1997, (6) The Consumer Credit Reporting Control Act, (7) The Children’s Online Privacy Protection Act of 1998, and (8) (The State of California) Business and Professions Code. There may be other laws, regulations, and guidelines not mentioned here or new updates to these laws.
If You are located in the United States (primarily if You conduct business with California residents) and do not have a publicly accessible (such as through Your Website) Privacy Policy, We formally recommend that You comply with this law immediately. You must place a compliant Privacy Policy on Your Website.
You may exchange a valid Support Token to use the “[STT-2] POST/PAGE CHANGE” Support Token Task to have Us place a Privacy Policy or other policy provided by You on Your Website.
Many nations have laws regarding data and privacy. This list is not complete or updated: (1) Australia – Privacy Act of 1988, (2) United Kingdom – Data Protection Act 1998 (or DPA), (3) Canada – Personal Information Protection and Electronic Documents Act, (4) European Union – Data Protection Directive and the GDPR, (5) India – Data Protection section of the Information Technology Act 2000, (6) Singapore – Personal Data Protection Act 2012, (7) Malaysia – Personal Data Protection Act (PDPA) 2013, (8) South Korea – Personal Information Protection Act, and (9) Vietnam – Article 21 of the Law on Information Technology.
The International Laws could affect You if You operate in or conduct business with citizens or companies located in the country where the law is enforced.
If You provide a service (free services included) or conduct business with a citizen or resident of a European country, You may have to comply with the European Union’s General Data Protection Regulation. Informing You of technical requirements that may be required to comply with the GDPR, is beyond the scope of this Service Agreement and will be billed separately.
You could be contractually required by a Third-Party to provide privacy, data, or some other policy in a publicly accessible way (such as through Your Website). Examples include shipping and refund policies from a merchant services provider or the Privacy Policy agreement for iOS App Store Apps that Apple, Inc. enforces. These Third-Party requirements apply only to You.
You may exchange a valid Support Token to use the “[STT-2] POST/PAGE CHANGE” Support Token Task to have Us place policies and text provided by You on Your Website.
We may inform You of the technical requirements of complying with various tax laws and regulations. We do not provide tax services and are not a counsel about taxes. You will not construe Us as tax counsel. You will not construe Us as a legal counsel about taxes. You will indemnify and hold Us harmless against any legal or financial obligations related to failure to comply with any tax laws.
You will pay the amount of any sales, use, excise, or similar taxes applicable to the performance of the Firebolt Service or any other of Our services that you are a recipient of, if any, or, in place of such payment, You will provide Us with a certificate acceptable to the taxing authorities exempting You from payment of such taxes.
Our relationship with You will be an independent contractor. You will not deem any of Our personnel for any purpose to be Your employees. You and Your employees will not hold Us responsible to any governing body for any payroll taxes related to the performance of the Firebolt Service or any of Our other services.
It is Your responsibility to learn about and collect the amount of any sales, use, excise, or similar taxes applicable to Your business under the law.
We will use qualified personnel to provide the Firebolt Service. You agree that Our franchisees and We reserve the right to make changes in Our personnel, including the use of management, franchisees, staff, owners, employees, subcontractors, Third-Party service providers, interns, or apprentices.
You will allow Us to incorporate Our branding on any product resulting from the Firebolt Service or Our other services. Web hyperlink(s) should be placed at the bottom of each webpage on Your Website that promotes Us. We will grant You the right to promote Us by placing hypertext links and badges on other websites and social media networks. You will use one of the appropriate badges or examples as described on Our website or as described in an email message or other communication sent from Us to You.
You grant Us rights to use Your names, trademarks, service marks, symbols, or any abbreviations, without Your prior written consent for the promotion of the Firebolt Service or Our other services concerning You.
Both parties agree not at any time or in any manner, either directly or indirectly, to use for their benefit, or divulge, disclose, or communicate in any manner any information that is proprietary to the other party (e.g., trade secrets, know-how, and confidential information). Both parties will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Service Agreement and Firebolt Service. We may seek and obtain injunctive relief against the release or threatened release of such information in addition to any other legal remedies, which may be available.
We do not warrant or guarantee that functions contained in the Firebolt Service or any of Our other services will continue to operate and be error-free. You release and hold Us harmless of any liability of damages for lost wages, income savings, or other incidental, consequential, or special damages arising out of the operational errors or malfunctions of the Firebolt Service or any of Our other services. Any future notices will not rescind this release.
EXCEPT AS EXPRESSLY OUTLINED IN THIS SERVICE AGREEMENT, THE PARTIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE FIREBOLT SERVICE OR ANY OTHER SERVICE OF OURS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD-PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THE SERVICE AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COST OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD-PARTIES ARISING FROM ANY SOURCE.
Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from all Third-Party claims, demands, liabilities, costs, and expenses, including reasonable attorney’s fees, costs, and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warrantee under the Service Agreement or the Firebolt Service.
Neither party may assign or transfer the Service Agreement without the prior written consent of the other party, except that either party may, without the consent of the other, assign the Service Agreement to a controlled subsidiary of that party or a purchaser of all or substantially all of that party’s assets used in connection with performing the Service Agreement, provided the assigning party guarantees the performance of and causes the assignee to assume in writing all obligations of the assignor under the Service Agreement. The rights and obligations of the Service Agreement shall bind and benefit any successors or assigns of the parties.
In any legal action between the parties concerning the Service Agreement or the Firebolt Service, the prevailing party shall be entitled to recover reasonable attorney fees and costs.
If any provision of the Service Agreement is held invalid, illegal, or unenforceable, the remaining portions of the Service Agreement shall remain in full force and effect and construed best to effectuate the original intent and purpose of the Service Agreement.
The Service Agreement shall be construed per the internal law of the State of South Carolina and the county of Horry without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in the State of South Carolina, Horry County, and both parties expressly consent to jurisdiction in such courts.
You warrant that the representative who signs and executes this Service Agreement on Your behalf holds the authority to sign on Your behalf and You designate them as the Approved Signer for all approvals related to the Firebolt Service. This representative will be responsible for all communication with Us and all processes documented in the Service Agreement.
This Service Agreement referenced above supersedes all prior agreements and understandings between the parties for the performance of the Firebolt Service and constitutes the entire agreement and understanding between the parties.
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