Our Premier Partners
"In the first 11 months after implementing the TRAX Platform, OnX grew our support revenue gross margin by over 15% in the US and over 30% in Canada. The TRAX platform was critical to this success. TRAX really helped us gain new customers as well."Director Inside Sales
OnX Enterprise Solutions, LLC
"The TRAX Platform has allowed us to scale our business by using technology that not only increases our efficiency, but is of great value to our customers. One of the best attributes of TRAX is the ability to house multi-vendor contracts and associated assets into a single repository, giving customers visibility to their entire data center environment without assistance from the manufacturers."Director Indirect Sales
"Our sales force, executive management and customers have benefited greatly from our implementation of TRAX. It has made a huge difference with how the maintenance team is viewed in the eyes of sales, management and our customers."VP Professional Services
"We’ve been able to grow our complementary maintenance renewal business by over 100% the past 18 months by leveraging the TRAX Platform application. It has given us account control that we did not have in the past."Director Asset Services
"TRAX provides a real value add for Edge, making it a differentiator when a customer is choosing a reseller partner. It makes contract and asset management simple while helping customers avoid lapses in coverage and providing valuable data for budgeting."Services Practice Director
Last updated: June 24, 2013
ServTrax Terms of Service for ServTrax Services
These Terms of Service are between Customer and ServTrax and govern Customer’s use of the ServTrax Services purchased from Reseller.
“Customer” means the entity which has contracted with Reseller to purchase subscriptions or receive access to use the ServTrax Services (whether for a fee or for no charge), subject to the conditions of these Terms of Service.
“Customer Data” means any electronic data, content or information that has not been made publicly available and is submitted by or on behalf of Reseller’s Customers to the ServTrax Services or is collected by or on behalf of Reseller’s Customers through the ServTrax Services.
“ServTrax Services” means the products and services offered by ServTrax that are ordered by Customer under an order form and made available by ServTrax via password-protected customer login, including associated offline components.
“Reseller” means the entity that has contracted directly with ServTrax to resell, distribute, or provide access to ServTrax Services to Customers.
“ServTrax” means ServTrax, Inc.
“User” means an individual who is authorized by Customer to use the ServTrax Services on behalf of the Customer, and for whom a subscription to the ServTrax Service has been purchased and a user account issued.
“User Documentation” means ServTrax’s training, help, how-to and explanatory materials that assist Users in using the ServTrax Services as such materials may be updated from time to time.
2.1 ServTrax Services.
Customer shall only use the ServTrax Services for Customer’s internal business purposes and not for re-distribution to any third party, and only during the relevant subscription term. Customer agrees that its purchases hereunder are neither contingent on the delivery of any future functionality or features or the delivery of any other services.
2.2 Customer Responsibilities and Restrictions.
2.2.1 Customer shall (i) be responsible for Users’ compliance with this Agreement, (ii) be responsible for the accuracy, quality, and legality of Customer Data and of the means by which it acquires Customer Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the ServTrax Services, and notify ServTrax promptly of any such unauthorized access or use, and, (iv) use the ServTrax Services only in accordance with the User Documentation and applicable laws and government regulations.
2.2.2 Customer shall not (i) make the ServTrax Services available to anyone other than Users, (ii) sell, resell, rent or lease the ServTrax Services, (iii) use the ServTrax Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, (iv) use the ServTrax Services to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs, (v) interfere with or disrupt the integrity or performance of the ServTrax Services or third-party data contained therein, or (vi) attempt to gain unauthorized access to the ServTrax Services or their related systems or networks.
2.2.3 Customer shall not: (i) permit any third party to access the ServTrax Services except as permitted herein or in an order form, (ii) create derivative works based on the ServTrax Services, except as permitted herein, (iii) copy, frame or mirror any part or content of the ServTrax Services, other than copying or framing on Customer’s own intranets or otherwise for its own internal business purposes, (iv) reverse engineer the ServTrax Services, or (v) access the ServTrax Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the ServTrax Services.
Customer acknowledges and agrees that all Customer support inquiries and matters must be made through Reseller, and that Reseller will have access to Customer’s instance of the ServTrax Services, including without limitation, Customer Data, for the purposes of providing such support.
2.4 ServTrax Protection of Customer Data.
ServTrax shall maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data. ServTrax shall not (a) disclose Customer Data except as compelled by law or as expressly permitted in writing by Customer, or (b) access Customer Data except to provide the ServTrax Services and prevent or address service or technical problems, or at Customer’s request in connection with customer support matters.
3. SUBSCRIPTIONS, TERM AND TERMINATION
3.1 User Subscriptions.
Customer shall comply with all product specific terms as ServTrax may require of the Reseller to pass on to the Customer for the purchase of ServTrax Services. Any User-based subscriptions are for designated Users only and cannot be shared or used by more than one User.
3.2 Term of Subscriptions.
Subscriptions commence on the start date specified in the applicable ordering documents with Reseller and continue for the subscription term specified therein and any renewal term, subject to termination under Section 3.3.
Customers use of the ServTrax Services may be immediately terminated and/or suspended, at ServTrax’s option, upon notice due to: (a) a breach of the terms of these Terms of Service by Customer or any Customer User; or (b) a breach by Reseller of its payment obligations to ServTrax with respect to the subscriptions it is providing to Customer in connection with these Terms of Service; or (c) any termination or expiration of Reseller’s agreement with ServTrax pursuant to which Reseller is providing the ServTrax Services to Customer. In no case will any termination, expiration or suspension hereunder give rise to any liability of ServTrax to the Customer for a refund or damages. ServTrax is under no obligation to provide the ServTrax Services to Customer, or to assume the relationship with Customer.
4. PROPRIETARY RIGHTS
4.1 Reservation of Rights in ServTrax Services.
Subject to the limited rights expressly granted hereunder, ServTrax reserves all rights, title and interest in and to the ServTrax Services, including all related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth herein. Customer agrees not to challenge the validity or ServTrax’s ownership of or other rights to the intellectual property rights in the ServTrax Services.
4.2 Customer Data.
As between Customer and ServTrax, Customer shall own all Customer Data and all intellectual property rights therein.
5.1 ServTrax Warranties.
ServTrax warrants that the functionality of the ServTrax Services will not be materially decreased during a subscription term. For any breach of a warranty above, Customer’s exclusive remedy shall be the termination of its subscription to the ServTrax Services upon thirty (30) days written notice to Reseller and ServTrax provided that the breach remains uncured for such thirty (30) day period.
5.2 Warranty Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVTRAX SERVICES ARE PROVIDED “AS-IS”, “AS AVAILABLE,” EXCLUSIVE OF ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SERVTRAX AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SERVTRAX DOES NOT WARRANT THAT THE SERVTRAX SERVICES OR WILL BE UNINTERRUPTED OR ERROR FREE.
6. INDEMNIFICATION BY CUSTOMER
Customer shall indemnify and hold harmless ServTrax and its subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) Customer Data posted, transmitted or otherwise made available by Customer through the ServTrax Service; (b) Customer’s use of the ServTrax Service; (c) Customer’s violation of the Terms of Service or applicable law; (d) Customer’s violation of any rights of a third party, including but not limited to intellectual property rights; provided that ServTrax: (a) promptly gives Customer written notice of the Claim Against ServTrax, (b) gives Customer sole control of the defense and settlement of the Claim Against ServTrax (provided that Customer may not settle or defend any Claim Against ServTrax unless it unconditionally releases ServTrax of all liability), and (c) provides to Customer all reasonable assistance, at Customer’s expense.
7. NO LIABILITY
IN NO EVENT SHALL SERVTRAX OR ITS LICENSORS HAVE ANY LIABILITY TO CUSTOMER OR ANY USER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. GOVERNING LAW AND VENUE
These Terms of Service shall be governed exclusively by laws of the State of Georgia, without regard to its conflicts of laws rules. The state and federal courts located in Atlanta, Georgia shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts.
These Terms of Service may be updated or changed from time to time by agreement of the parties. Your continued use of the ServTrax Service following such notice constitutes your acceptance of those changes. If you do not agree to the revisions, you must terminate your ServTrax Service immediately.