TERMS AND CONDITIONS FOR ACCEPTANCE OF TECHNICAL ASSISTANCE FROM
THE DATA COLLABORATIVE, INC.

1. Provision of Services

The Data Collaborative, Inc.  (hereinafter referred to as "The Data Collaborative") is available to provide technical assistance by telephone to a user, or users, of QuickBase (hereinafter sometimes referred to as "Client" or "Clients").

2. Fees and Payment

The fee charged by The Data Collaborative for the provision of technical assistance is $160 per hour, charged according to fraction used, with a minimum of 15 minutes per call.

The Data Collaborative reserves the right to change its hourly fee upon verbal, written or email notice to the users of its services.  

Client acknowledges that all telephone calls between The Data Collaborative and Client are billable unless otherwise agreed.

3. Limitation of Liability

THE LIABILITY OF THE DATA COLLABORATIVE FOR DAMAGES ALLEGED TO HAVE RESULTED FROMS ITS SERVICES, WHETHER FOR BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE SERVICE PERFORMED BY THE DATA COLLABORATIVE WHICH ALLEGEDLY CAUSED THE DAMAGE.  IN NO EVENT SHALL THE DATA COLLABORATIVE BE LIABLE TO ANY PERSON OR ENTITY FOR SPECIAL, GENERAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM FAILURES OF QUICKBASE, LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR COMPUTER HARDWARE DAMAGE.  

4. Right of Refusal

The Data Collaborative reserves the right to refuse, suspend, or terminate any of its services to any Client in its sole discretion, without notice.  Reasons for refusing service include, but are not limited to, the determination by The Data Collaborative, in its sole discretion, that a Client is using a computer system fraudulently, illegally, or for propagating libelous or otherwise defamatory, obscene, pornographic, abusive, harassing, or threatening material.   

5. Non-Agent of Intuit

Client acknowledges that QuickBase is a product of Intuit.  Client acknowledges that The Data Collaborative is not an agent or contractor of Intuit, nor is it associated in any manner with Intuit.

6. Governing Law

The agreement set forth between The Data Collaborative and the Client, as set forth herein, shall be governed according to the laws and in the state and federal courts of the Commonwealth of Massachusetts.  Client waives any objection to the personal jurisdiction and venue of such courts.

7. Severability/Waiver

Any invalidity, in whole or in part, of any provision of the agreement set forth herein shall not affect the validity of any other of the agreement's provisions.

8. Amendments to Terms

The Data Collaborative reserves the right, at any time, to update the agreement as set forth herein.  The latest copy of the agreement will be available on The Data Collaborative's website:  www.datacollaborative.com.

9. Payments

Client agrees to pay for two hours of time upfront by credit card, and to supply The Data Collaborative with accurate credit card information necessary to process such payment.  Client will be billed at the end of each month for services provided to Client.  Payment is due within 30 days of date of bill.  If payment is not received by The Data Collaborative within 30 days of the date of billing, the Client's fees due and owing shall be charged to the Client's credit card.  Client acknowledges and agrees that all fees that are not paid by Client within 30 days of the date of billing will be charged to Client's credit card.  Client agrees to update Client's credit card information so that such information is valid and current.

10. Finance Charges

The Client shall reimburse The Data Collaborative for costs and fees related to collection of overdue payments, including a reasonable attorney's fee.  If required to institute a legal action to collect fees, The Data Collaborative shall be entitled to interest at the legal rate, the costs incurred in bringing the legal action, and a reasonable attorney's fee.