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TERMS OF SERVICE (TOS) AGREEMENT
Bail Suite Management, Inc. ("Bail Suites") provides BailSuite.com and its related services ("Service") subject to your compliance with the terms and conditions ("Terms of Service") set forth below. Please read the following carefully. Bail Suite reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here: http://www.BailSuite.com/ Violation of any part of the Terms of Service will result in termination of your account. By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this website’s services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE.
Bail Suite is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Bail Suite does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter with the provider of any such Third-Party Applications.
Your contract includes a License fee which is per month per license. Each contract can vary.
In your contract with Bail Suite, you agree that you as the customer will retain the contractually agreed percentage of premium supplement and Bail Suite will retain a contractually agreed percentage of the premium supplement to be paid monthly. The licensing fees can be taken out of customer’s premium supplement monthly.
Bail Suite Management, INC. will collect on all NSF and will pay the contractually agreed percentage split on from the fee once collected. You agree that you as the customer only gets paid when Bail Suite collects, and that Bail Suite collection of the fees is a condition precedent for you as the customer to get paid.
Bail Suite Management, INC. will charge a $25.00 fee on all NSF this fee will be applied to administrative costs for bail suite.
The Premium supplement con not to be duplicated or transferred in any manner or form.
6. Account Terms
You must be 18 years or older to use this Service. You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process. You are responsible for maintaining the privacy and security of your account. Bail Suite will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password. One person may not maintain more than one free account.
7. Payment and access
A valid credit card is required for paying accounts. A credit card is required to create all plans except for the “Free” plan. We will charge you a standard monthly fee based on your account type. The Service is billed in advance for each month and is non-refundable. There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period when your account is open. No exceptions will be made. Should you upgrade your account type, your credit card will be charged your new billing rate immediately. Your credit card will then be charged your new billing rate every 30 days thereafter unless you cancel your account. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties. Modifications to the Service and Fees Bail Suite reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. Bail Suite reserves the right to change our monthly fees upon 30 days’ notice from us. Fee change notices may be posted to the Service or on the Bail Suites website: http://www.BailSuite.com
8. Cancellation and Termination
You alone are responsible for the proper cancellation of your account. You may cancel your account at any time by calling us at 832-674-4410 Mon - Fri between 9AM and 5PM CST. Email or phone messages to cancel your account will not be deemed as a cancellation of your account. Your account and all its content may be deleted 30 days from the date of your cancellation of the Service. You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again. Bail Suite may refuse service to anyone for any reason at any time. We do not provide the underlying actual system database structure as that is proprietary. The standard extract will contain basic info i.e.: name, DOB and contact info of your client’s info and basic bond data i.e. bond date, power number and bond amount. If you require more information or in a specific format, you are welcome to use the reports section to select and export the data into an industry standard inter-change format (excel format) for easy import into whatever database you are going to.
9. Copyright, Trademarks and Ownership
Bail Suite Management, INC. and A Better IP Holdings, Inc or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the service which Bail Suite or its suppliers own. Bail Suite claims no intellectual property rights over the content you upload or provide to the Service. However, by using the service to send content, you agree that others may view and share your content.
10. Intellectual Property Rights
11. General Conditions
Your use of the Service, including any content, information or functionality contained within it, is provided "as is" and "as available" with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service. You agree not to resell, duplicate, reproduce or exploit any part of the service without the express written permission of Bail Suites. You may not use the service to store, host, or send unsolicited email (spam) or SMS messages. You understand that the Service can be used for transmission of your content, and that during processing, your Content, including invoices, payment reminders, and personal messages, may be transferred unencrypted over the internet. You may not use the service to transmit any viruses, worms, or malicious content.
12. Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Bail Suite, the Agreements constitute all the terms and conditions agreed upon between you and Bail Suite and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Please note, however, that other aspects of your use of the Bail Suite Service may be governed by additional agreements. That could include, for example, access to the Bail Suite Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Bail Suites’ website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
13. Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Bail Suite or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive Bail Suites’ or the applicable third-party beneficiary’s right to do so.
Bail Suite may assign the Agreements or any part of them, and Bail Suite may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Bail Suite harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Bail Suite Service; and (4) your violation of any law or the rights of a third party. Bail Suite makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available always, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected. Bail Suite, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the service. Your sole remedy for dissatisfaction with the service is to stop using the service.
16. Choice of law, mandatory arbitration and venue
16.1 Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the State of Texas, United States of America, without regard to choose or conflicts of law principles. Further, you and Bail Suite agree to the jurisdiction of the Southern District of Texas to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 16.2.1. Bail Suite does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.
16.2 ARBITRATION AGREEMENT
This Arbitration Agreement applies only to users in the United States.
16.2.1 Dispute resolution and arbitration
You and Bail Suite agree that any dispute, claim, or controversy between you and Bail Suite arising in connection with or relating in any way to these Agreements or to your relationship with Bail Suite as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Bail Suite’s further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding the clause above (16.2.1), you and Bail Suite both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
16.2.3 No Class or Representative Proceedings: Class Action Waiver
YOU AND BAIL SUITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Bail Suite agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
16.2.4 Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and Bail Suite will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Bail Suite agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Bail Suite can also help put you in touch with the AAA. Any arbitration hearings will take place in Harris County, TX provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules. If you choose to file an arbitration proceeding and you are required to pay a filing fee, Bail Suite will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Bail Suite will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
16.2.5 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Bail Suites' address for Notice is: Bail Suites Management, INC.., Attn: General Counsel, ________________________________________ The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Bail Suite may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Bail Suite shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of Bail Suites’ last written settlement offer, then Bail Suite will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 16.1 shall govern any claim in court arising out of or related to the Agreements. The failure of Bail Suite to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and Bail Suite as to the Service and supersedes any prior agreements between you and Bail Suite (including, but not limited to, prior versions of the Terms of Service). Any questions regarding the Terms of Service should be addressed to support at www.BailSuite/support.com.