Standard Terms and Conditions for Customers
Updated: April 27th 2019
As a condition of placing any order with FastBar, you agree to the following terms and conditions (the “Agreement”). The terms “FastBar”, “FastBar Technologies”, “FastBar Technologies, Inc.”, “we” or “our” refer to FastBar Technologies, Inc. The terms “you” or “yours” refer to the customer ordering FastBar services, equipment rentals, or products. All orders placed by you will be subject to these terms and conditions, unless otherwise agreed by both you and FastBar in writing, and acceptance of any orders by you is conditional upon your agreement of these terms and conditions.
Upon your return of a signed agreement to FastBar, 50% of the estimated fees will be due within 7 days on the execution of the agreement. Any balance remaining on the estimated fees will be due 7 days prior to the event date. After the event, if any additional equipment rentals or billable services are requested by you or your authorized representative, they will be billed at FastBar’s then-current standard pricing and due within 7 days of invoicing.
If you provide FastBar with your credit card details, you authorize FastBar to charge the credit card on file with an amount equal to all payments and fees due under this Agreement, including but not limited to charges for optional services, and FastBar expenses associated with loss of, or damage to, the equipment while the equipment is at the delivery location.
In consideration for the services, equipment rentals, and/or products you order from FastBar, you agree to the pay the total fees agreed upon with FastBar. Additionally, you may determine before or during an event that equipment or services not originally contracted for are necessary for such event. You agree to pay for any additional equipment rentals or billable services requested by you or your authorized representative, which will be billed at FastBar’s then-current standard pricing and guidelines. You also agree to pay other charges in accordance with this Agreement, including but not limited to applicable taxes, charges for optional services, cancellation fees, and FastBar’s expenses associated with loss or theft of, or damage to, the equipment while the equipment is at the delivery location.
The success of every event is of critical importance to FastBar. You agree to immediately notify our onsite staff, or alternatively our offices at (888) 978-7494 if you have any issues with our onsite services or equipment, or any concern whatsoever. FastBar is not responsible for the compatibility of the equipment rented pursuant to this Agreement with any equipment supplied by you or a third party with whom you contracted.
While the equipment is onsite at your delivery location, it is your responsibility to ensure that the equipment is not stolen, damaged, or otherwise harmed. You are responsible for paying repair or replacement fees associated with any loss or theft of, or damages to, the equipment while the equipment is at the delivery location. FastBar is committed to meeting and exceeding the expectations of our clients. If we did not meet your expectations in any way you agree to let us know promptly. FastBar liability for issues related to services and equipment rentals provided for any order, is limited to a refund of any applicable services or equipment rentals. You agree that FastBar is not liable to you for any incidental or consequential damages under any circumstances.
Our equipment is delivered either by onsite FastBar technician or via courier service. If the equipment is delivered via courier, it is your responsibility to get the packages to the courier the day following your rental. The pre-paid return label is included. Please drop off the package(s) at any authorized location for the courier or contact them for a pickup. If applicable. If you are scheduling a pick up, it must be scheduled at least one day prior to the desired pick up date. Some courier services will not pick up the same-day. If the equipment is not returned to courier on the due date, the rental will automatically be extended at the initial rental rate.
Use of Equipment
You can only use the equipment in a careful and proper manner and you shall not use the equipment in any way that is inconsistent with its intended use.
If you need to cancel your order prior to the event, you are required to notify FastBar in writing. Dependent on when the order is cancelled in advance of the event, a cancellation fee will be due at the following rates: if the order is cancelled 60 days or more prior to the event date, the cancellation fee will be 25% of the estimated order value; if the order is cancelled between 60 and 30 days prior to the event date, the cancellation fee will be 50% of the estimated order value; if the order is cancelled less than 30 days prior to the event date, the cancellation fee will be 100% of the estimated value.
Certain fees, which are borne by FastBar on your behalf, cannot be refunded to you. In no event will FastBar refund monies which are paid to third parties in connection with fulfilling your order (e.g. the ordering of wristbands).
Applicable sales or other transaction taxes imposed on us in connection with your order or rental of the equipment or rendering of services will be added to the rental fees payable by you. Applicable use or other transaction taxes imposed on you by any third parties in connection with your order or rental of the equipment or rendering of services are solely your responsibility to report and pay.
Depending on the services and equipment requested, FastBar may recommend that an operating technician(s) should be present to ensure all technical components of your event run smoothly.
Employees and Contractors
In an effort to maintain its status of one of the leading providers in its industry, FastBar expends significant sums of money to train and maintain a quality workforce, as well as maintaining relationships with independent technicians throughout the world. Accordingly, you agree that you shall not (and continuing for a period of 12 months from the last date FastBar provides goods or services to you) solicit, hire, or contract with, directly or indirectly, any employee, partner, subcontractor or independent contractor of FastBar for the purpose of obtaining services directly competitive with the services provided by FastBar. You acknowledge that in such case FastBar will suffer irreparable harm.
You agree that FastBar may use your company name, logo and information in marketing materials and website listings of customers.
We hereby grant to you a nonexclusive license to use copies of the FastBar software (the “Software”), as installed on the point of sale terminals, in connection with the event described on your purchase order (the “Purchase Order”), subject to the restrictions set forth below.
Copies of the Software utilized by you pursuant to this Agreement are licensed, not sold, and you receive no title to or ownership of any copy or of the Software itself. Furthermore, you receive no rights to the Software other than those specifically granted herein.
Without limiting the generality of the foregoing, you shall not: (a) modify, create derivative works from, distribute, or sublicense the Software; (b) use the Software in any other way allow third parties to exploit the Software in an unauthorized fashion; or (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Software’s source code.
We retain all right, title, and interest in and to the Software and any intellectual property embodied therein. Customer recognizes that the Software and its components are protected by copyright and other laws.
You hereby grant to us a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) that you communicate to us during the term of this Agreement, without compensation, without any obligation to report on such use, and without any other restriction. FastBar’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. “Feedback” refers to any suggestion or idea for modifying any of our products or services, including without limitation all intellectual property rights in any such suggestion or idea.
You hereby agree to defend, indemnify and hold harmless FastBar, including its officers and employees, from any and all claims, suits, damages, losses, liabilities (including but not limited to Workers’ Compensation claims) arising from your or your agents’, subcontractors’ or guests’ use of the equipment or your violation of this Agreement. You agree that FastBar shall not be liable to you for any incidental, indirect, special, exemplary, punitive, consequential or lost profits damages related to or arising out of this Agreement. You agree that FastBar shall not be liable for any damages that exceed the fees paid by you under this Agreement.
All disputes arising out of this Agreement or the interpretation thereof shall be subject to mediation in Seattle, Washington, as a condition to the initiation of arbitration or other legal proceedings. All such disputes not resolved through mediation shall be settled through binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”). The venue of any arbitration proceeding commenced with respect to this Agreement shall be in Seattle, Washington. The prevailing party in arbitration, as determined by the arbitrator, shall be entitled to an award of its reasonable costs and attorneys’ fees.
The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.
This Agreement may be executed in one or more counterparts. Each counterpart will be an original, but all such counterparts will constitute a single instrument.
To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
Upon termination of this Agreement, you shall cease all use of the Software and any other products provided in connection with this Agreement, and return all copies of the Software and FastBar products in your possession or control. The following provisions will survive termination or expiration of this Agreement: your obligation to pay fees incurred before termination; any restrictions on your use of the Software; all of our intellectual property rights; your duty to indemnify us; and any other provision of this Agreement that must survive to fulfill its essential purpose.
General Terms and Controlling Law
These terms and conditions together with FastBar purchase order(s) represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein and in FastBar order confirmation shall be binding upon FastBar unless made in writing and signed and approved by an officer of FastBar. You represent and warrant that you have not relied and cannot rely upon any representation or warranty made by FastBar pertaining to the matters concerning this Agreement, except to the extent that such representation or warranty is expressly set forth in the terms of this Agreement. In the event that any one or more of these terms or conditions is held unenforceable, the remaining terms and conditions shall remain binding and effective. You may not assign your interest under this Agreement to any other party without our prior written consent. This agreement and all rights and obligations hereunder shall be governed by the laws of the State of Washington without regard to conflicts of law principles. With respect to any disputes or claims not subject to mediation or arbitration, the exclusive jurisdiction and venue of any legal proceedings for the resolution of disputes in connection with this Agreement shall be a federal or state court of competent jurisdiction in King County, Washington, USA. In the event any legal action is commenced by you or FastBar for the purposes of enforcing any provision of these Terms and Conditions, or in connection with any breach of this Agreement, FastBar shall be entitled to its reasonable attorney fees, expenses and court costs should FastBar prevail in the legal action.
These terms and conditions shall apply to all purchase orders placed with FastBar. If you have any questions, comments or concerns please contact us at (888) 978-7494 or send an email to email@example.com.
Thank you once again,
FastBar Technologies, Inc.