PAYTRAM AGREEMENT
This Annual SaaS Agreement (the “Agreement”) is made and entered into as of the Effective Date by and between Fast Track Digital Paytram (“Provider”) and the Customer identified in the applicable sign up form (“Customer”).
1. SERVICES PROVIDED
1.1 Software-as-a-Service (SaaS): Provider shall grant Customer access to Paytram, a Salesforce and cloud-based payment processing software (the “Software”), for the duration of the Term.
1.2 Custom Implementation Services: Provider may offer custom implementation services upon request. These services will be billed at a fixed cost as agreed under separate cover.
2. TERM & RENEWAL
2.1 Term: The initial term of this Agreement is twelve (12) months from the Effective Date (the “Term”).
2.2 Renewal: The Agreement shall automatically renew for successive twelve (12) month periods unless either party provides written notice of non-renewal at least two (2) days before the end of the then-current Term.
3. FEES & PAYMENT TERMS
3.1 SaaS Subscription Fees and Terms: Customer agrees to pay the annual subscription fee as specified in the Proposal at the start of the term. Fees will be charged to the payment method that you will submit.
3.2 Custom Implementation Fees and Terms: Any custom implementation services shall be billed at the agreed fixed cost and payable per the terms outlined in the Proposal shall be charged to the payment method that you will submit prior to the commencement of work.
4. CUSTOMER RESPONSIBILITIES
Customer is responsible for providing Salesforce URL and Org ID for license to be setup. Customer is responsible for all installation, configuration and setup, unless a separate agreement is made under separate cover with Fast Track Digital.
5. PROVIDER RESPONSIBILITIES
5.1 Uptime Commitment: Provider shall use commercially reasonable efforts to maintain uptime for the Software, excluding scheduled maintenance.
5.2 Support Services: Provider will offer standard support services by email.
6. CONFIDENTIALITY
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed under this Agreement.
7. LIMITATION OF LIABILITY
Provider’s liability under this Agreement is limited to the amount paid by Customer in the preceding twelve (12) months. Neither party shall be liable for indirect, incidental, or consequential damages.
9. GENERAL TERMS
9.1 Governing Law: This Agreement shall be governed by the laws of the New York State
9.2 Entire Agreement: This Agreement, along with the Proposal, constitutes the entire agreement between the parties.
9.3 Amendments: Any changes to this Agreement must be in writing and signed by both parties.
