“Customer” is the party that accepted the Customs City Global Solutions Inc. Terms of Service Agreement
“Supplier” is Customs City Global Solutions Inc.
“SaaS Products & Services” is the work related to project management, customization, testing, training, support, transactions and maintenance services provided by the Supplier
“Confidential Information” is the customer and supplier’s confidential information which relates to the subject matter of this Agreement and includes:
(a) information about the Services
(b) information relating to the business strategies of either Party;
(c) trade secrets which are not in the public domain
Except as provided herein, the Customer shall not, directly or indirectly, disclose any Confidential Information provided by the Supplier to any other party without the prior written consent of the Supplier. The Supplier may disclose Confidential Information to its parent, subsidiary, or other related companies, or its sub-contractors for the purposes of carrying out its obligations under this Agreement.
Any Confidential Information provided to the Customer may be used solely and exclusively for the purposes of performing this Agreement and not for any other purposes except with the prior written consent of the Supplier. Customer agrees to protect the Confidential Information from disclosure to the same extent and by the same means, it uses to protect its own confidential or proprietary information until such time as the Confidential Information lawfully becomes public knowledge.
“Force Majeure” means a circumstance beyond the reasonable control of the Parties which results in a Party being unable to observe or perform on time an obligation under this Agreement
The Supplier shall not be liable for any delay or failure to perform its obligations pursuant to this Agreement if such delay is due to Force Majeure. If a delay or failure by a Party to perform its obligations is caused or anticipated by Force Majeure, the performance of that Party’s obligations will be suspended for the duration of the Force Majeure.
If a delay or failure by a Party to perform its obligations due to Force Majeure exceeds sixty (60) days, either Party may immediately terminate the Agreement on providing notice in writing to the other Party.
ACE/ACI Truck eManifest Pricing https://customscity.com/ace-aci-truck-emanifest-pricing/ or
ACE Air eManifest Pricing https://customscity.com/ace-air-emanifest-pricing/ or
ACE Ocean eManifest Pricing https://customscity.com/ace-ocean-emanifest-pricing/ or
ACE Section 321 Data Pilot Pricing https://customscity.com/cbp-section-321-data-pilot-pricing/ or
ACE Type 86 Pricing https://customscity.com/cbp-entry-type-86-pricing/ or
RNS/ACI eManifest Pricing https://customscity.com/rns-release-notification-service-pricing/or
In-Bond System Pricing https://customscity.com/cbp-electronic-in-bond-system-pricing/ or
In any event, the Supplier’s total liability in connection with this Agreement shall not exceed in aggregate the charges paid by the Customer in the three (3) months immediately preceding the time when the cause of action first arose.
Unless specifically stated otherwise and without limitation, either Party may terminate this Agreement immediately by notice in writing if:
(a) the Party in default is in breach of any term of this Agreement and such breach is not remedied within thirty (30) days after the notice is given by the non-defaulting Party to remedy the said breach;
(b) the other Party becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration or ceases, threatens or resolves to cease to carry on its business.
If the Customer fails to meet its obligations under this Agreement, the Supplier may terminate this Agreement by providing written notice. Regardless of the cause of termination, the Customer agrees to pay the Supplier for Services and deliverables provided, furnished, supplied, developed or otherwise prepared prior to the date of termination.
9. Indemnification– You agree to indemnify, defend and hold harmless Customs City Global Solutions Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
10. Entire Agreement- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
This Terms of Service Agreement and any policies or operating rules posted by us on this site or with respect to the Customs City Global Solutions Inc. service constitutes the entire agreement and understanding between you and us and govern your use of the Customs City Global Solutions Inc. service, superseding any prior or concurrent agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.