Doing Well Subscription Terms & Conditions
1. Scope and use of the subscription
The subscription grants the Customer (being the legal entity that has taken out the subscription) the right to use Doing Well’s system and services (“the Services”). The subscription may not be used by other people or organizations.
2. Acceptance of the subscription
The subscription terms for the Services are accepted by agreeing at checkout. Consent at checkout to these terms and conditions will be the “Agreement”.
3. Duration and termination of the subscription
The annual subscription runs from the date the Customer makes their purchase until the customer terminates their subscription, plus the remainder of the last paid year. The minimum subscription period is one year.
The annual subscription may be terminated within the Customer’s account at any time. The agreement cannot be terminated for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.
4. Price and payment terms
Doing Well guarantees that no price increases will be introduced for the Services ordered at the time of commencement of the subscription other than those due to fluctuations in currency exchange in the case of international Customers.
The Customer will be invoiced annually on the recurring date of their original purchase. Event-based services are invoiced when the Customer places the order.
Doing Well will not be responsible for any loss, damage, costs, expenses or other claims of the Customer or any third party resulting from the suspension of the Services in the case payment is not made.
The Customer agrees to the use of e-mail (using an e-mail address specified by the Customer) or another electronic method of transmission as the medium for entering into a subscription agreement, sending invoices and reminders.
5. Operating stability
Doing Well aims to provide the highest possible degree of operating stability, but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, Doing Well aims to re-establish normal operations as quickly as possible.
6. Maintenance of the System
Doing Well is entitled to make operational changes to the System for improvements or otherwise (for example by developing or updating software) without giving the Customer prior notice. In some circumstances, it may be necessary to suspend access to the Services, usually between 9pm and 6am EST. Doing Well will not be responsible for any consequences of such a suspension where notice has been given.
The System remains the full property of Doing Well, LLC. Individually customized software relating to the Services also remains the property of Doing Well unless otherwise stipulated. Doing Well may at any time transfer its rights and obligations under this agreement to any economic affiliate, subsidiary or business unit, or any of their affiliated companies or divisions. Except as provided above, the rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party.
8. Liability of Doing Well
Doing Well has taken reasonable measures to ensure that the Services are virus-free but no warranty is given that the Services are free from infection from viruses etc., and Doing Well shall have no liability if this is not the case. To the extent permitted by law, Doing Well disclaims all warranties with respect to the Services, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose.
Doing Well shall not be liable to the Customer for any loss or damage caused (including business interruption) arising directly or indirectly, except to the extent that such liability may not be lawfully excluded under the applicable law. Except for death or personal injury caused by negligence of Doing Well, its employees, agents or authorized representatives, for which no limit applies, Doing Well’s liability will be limited to the lesser of the value of payments made by the Customer for the period of 12 months before the occurrence.
Doing Well has taken the necessary technical and organizational security measures to prevent information saved by the Service from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorized party or being misused.
Doing Well is bound by secrecy in respect of any information received about the Customer and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.
10. System changes and feature updates
Doing Well informs its Customers about any changes or news by e-mail. Therefore, all registered users on the Doing Well accept that they are added to the technical newsletter mailing list.
11. Entire Agreement
These Terms contain the entire agreement between the Parties and supersede all previous correspondence or communications whether written or oral. Doing Well may amend these Terms as required from time to time provided that Doing Well will give Customers no less than 20 days' written notice of such amendments and all such amendments will apply to the next renewal of the subscription.
These Terms shall be governed by and construed in accordance with the laws of New York State and the U.S. courts shall have exclusive jurisdiction to determine any dispute concerning these Terms or the subject matter of these Terms.