TerraSky mitoco Terms of Service (2023)

1. (Objective)

Terasky, Inc. ("our company") has established the Terasky mitoco Terms of Service (the "Terms") and will provide the mitoco application services (the "Service" or the "Services") to subscribers in accordance with the Terms. Subscribers shall receive the Services in compliance with these Terms.

2. (Definition)

In these terms and conditions, the terms in each of the following items are as follows:

(1)"Subscribers" are corporations and individuals who receive the Services in agreement with and in compliance with these Terms.

(2)"Affiliate" means a corporation that directly or indirectly controls or is controlled by, or is under common control with, the target corporation.

(3) "Control" in this definition means directly or indirectly owning or controlling more than50% of the voting interest in the corporation.

(4)"Agreement" refers to the rights and obligations between our company and the contractor established under these Terms.

(5)"User" means an individual assigned by the Subscriber who has agreed to these Terms and in the Services every User is granted a User ID as a unique named user.

(6)"Subscription" means the right to use the Service by a Subscriber within a certain period.

(7)"Online notification" refers to posting on our company website or a notification method using a communication line such as e-mail.

(8)"Agent" means an authorized distributor of the Services by our company.

(9)"SFDC" is a general term for Salesforce Japan Inc. and its affiliates.

(10)"Equipment for the Service" Equipment for the Service and telecommunication lines leased by our company from telecommunication carriers to provide the Service.

3. (Changes to the Terms)

We may change this agreement without your consent in the following circumstances:

- When it is necessary due to changes in social conditions, laws, regulations, or other factors.

- When it is necessary to change the terms and conditions of this agreement due to changes in the terms and conditions of the service or other factors.

- When it is necessary to change the terms and conditions of this agreement due to changes in the service or other factors that are necessary and reasonable.

We will notify you of any changes to this agreement by any means, such as online

notification or our choice of method. The notification will take effect even if it does not reach you, and the new terms and conditions will apply from the date of effect.

4.(Service Specifications)

The specifications of this service are as per the mitoco user guide (including the respective administrator's manual and installation manual). Our company may change the specifications of this service without notice.

5. (Terms and Conditions Applicable to Services)

This Agreement shall become effective upon the Subscriber agreeing to these Terms and applying for use based on the Purchase Order and Exhibit (Application for Use).

6.(Scope of Applicable Terms and Conditions)

This service is provided as a single service under this agreement. The scope of the service includes, but is not limited to, the following parties:

- The party (individual or corporation) and its related companies, including employees,

consultants, subcontractors, agents, or third parties that the party engages in transactions with.

- The party (individual or corporation) and its related companies.

(1) We may make separate agreements as necessary. If there is no specific refusal in the

separate agreement, we will apply it together with this agreement.

(2) The party must be an individual or a corporation.

(3) Non-profit organizations and other organizations are only allowed to use the service if we agree to it.

(4) We may agree to use the service by written consent or by our designated method.

7. (Handling of User ID)

The party will assign a unique user ID to each user of the service.

(1) The use of multiple user IDs by multiple users is not permitted.

(2) The reassignment of user IDs is based on reasonable and appropriate service use at anytime.

8. (Appointment of system administrator)

In using the Services, the Subscriber shall appoint a system administrator in advance and notify our company or the Agent in writing through a separate application form.

(1) Any change in the system administrator shall immediately notify our company or

the agent in writing. Our company shall not be liable for any damages caused by

changing system administrators without notice and losing contact with our company.

(2) The system administrator has the management responsibilities set forth in Article

16.

(3) our company considers a notice to the system administrator to be as effective as a

notice to the contractor.

(4) The Subscriber shall only be able to report to our company a report of any

disability, etc. related to the Subscriber's services from the System Administrator.

9. (Subscriber Registration Information)

To use the Service, the Subscriber shall notify the Company or an agent in writing of the

Subscriber's registration information as specified in the attached (Application Form) in

advance.

(1) If there is any change in the information, the Subscriber shall immediately notify the Company or the Agent in writing.

(2) When the notification is made in accordance with the preceding item, if the request is reasonable, the Company may request the Subscriber to provide documents proving the fact that the notification was made.

10. (Prohibition of transfer and resale)

The Subscriber is prohibited from reselling or transferring his/her rights under these Terms and Conditions, including the right to receive the Service, to any other party without the Company's permission.

11. (Succession of Subscriber Status)

In the event of a merger of the legal entities which are the Contractors and the succession of the status of the Contractors, pursuant to the provisions of Article 9, the Contractors shall immediately notify our company in writing to that effect, and upon receipt of such notice, our company may terminate this Agreement upon written notice to such succeeding legal entity. If our company does not exercise this right of termination within one month after notice from the Contractor, the succeeding corporation shall assume all claims and obligations to our company under this Agreement.

12. (Period)

If the Subscriber wishes to terminate use of the Service, the Subscriber shall follow the procedures specified by the Company or its agent in accordance with the attached (Termination Application Form). Notwithstanding the termination procedures in the Terms of Service, all obligations of the Subscriber during the period of use shall not be extinguished until such obligations are fulfilled even after the termination of the Service Agreement.

13. (Termination from contractor)

14. (Termination from our company)

If the subscriber violates these Terms and Conditions, the Company may terminate the contract.

(1) In the case of Article 22, the Company may terminate the contract at any time without notice or demand.

(2) In the case of Article 21, the Company may terminate the contract after one month has passed since the notice or demand was given without correction.

15. (Our Responsibility to Provide Services)

1. The Company shall be responsible for the following.

（i） The Company shall make every effort to provide the Service continuously 24 hours a day, 7 days a week, except in the following cases.

（ii） planned outages (we will give you at least 4 hours’ notice of planned outages via online notification)

（iii） Occurrence of conditions beyond our reasonable commercial control (such as earthquakes, floods, fires, other natural disasters, spread of infectious diseases, armed conflict, riots, terrorist acts, etc.)

（iv） Failure or delay in the Service due to events occurring in the telecommunication lines, providers, electric power, or other infrastructure used by the Company.

（v） Limitations on the use of Salesforce as a basis for offering the Services (For example, there may be access restrictions associated with performing scheduled maintenance on Salesforce, reaching the limit of API calls made to Salesforce via the Service, and other restrictions on the use of Salesforce on which the Service is based.)

2. You shall provide the Service lawfully in accordance with applicable laws and government regulations.

16. (Contractor Liability)

The Contractor shall be responsible for:

(1) You are responsible for your compliance with these terms.

(2) You shall make reasonable efforts to prevent unauthorized access to or unauthorized use of the Service and shall promptly notify us of any unauthorized access or unauthorized use that you discover.

(3) You use the Services lawfully pursuant to applicable laws and government regulations.

(4) Subscribers may not:

(a) Use the Services to preserve or transmit infringing, defamatory, or other illegal or unlawful material, or material that violates the right to privacy of a third party.

(b)Use this service to store or send malicious code.

(c) knowingly interfering with or disrupting the integrity or performance of the Service, or any third-party data contained in the Service.

(d)The act of infringing the copyright or other intellectual property rights of our company or a third party, or any similar act.

(5) If our company requests disclosure as an audit, the contractor must disclose the usage.

(6) With respect to the data, etc., provided or transmitted in the Services, the Subscriber shall retain the same data, etc., as a backup at its own responsibility, and our company shall not be responsible for the storage, storage, backup, etc., of such data, etc., except when our company provides services related to the backup of data, etc.

(7) The Contractor shall, at his own expense and responsibility, establish the Contractor's facilities on such terms and conditions as may be prescribed by our company, including securing the Contractor's facilities and the environment for the use of the Services(including cybersecurity.)

(8) The Subscriber shall connect the Subscriber's facilities to the Internet by using the telecommunications services of the telecommunications carrier, etc., at his own responsibility and expense in using the Services.

17. (Obligation to pay usage fees)

1. The subscriber shall pay the usage fee specified in the purchase order and taxes related to it based on the usage agreement, etc., for the period from the date of the usage agreement to the date of termination of the usage agreement (Hereafter referred to as the "Period of Use".). If the Contractor fails to complete the payments provided in this Article, our company may stop providing the Services as provided in Article 20 (Suspension of Use).

2. Even if the subscriber is unable to use the Service during the Period of Use due to the interruption, suspension or any other reason specified in Article 20 (Suspension of Use), the subscriber is still required to pay the usage fees and related taxes during the Period of Use. However, if the service is suspended for a total of 15 days or more in a month from the time when our company learns that the service is unavailable (Hereafter referred to as the "time of failure".), the payment of the usage fees and related taxes during the period shall be waived.

3. In the event that the Subscriber fails to perform any obligation under the User Fee or any other User Agreement for the Services after the due date specified, the Subscriber shall pay the amount calculated at the rate of one percent per annum as overdue interest for the number of days from the day following the due date specified to the day preceding the due date, together with the fee or any other obligation for the Services, by the date specified by our company in the manner specified by our company.

18. (Method of payment of usage fees)

The Subscriber shall pay the Service fee and related consumption tax, etc. by one of the following methods. The subscriber shall bear bank transfer fees and other expenses necessary for payment of the following items.

(1) In the case of the invoice settlement method

（i） Payment shall be made to the Company, or a financial institution designated by the Company by the date designated by the Company in accordance with the invoice from the Company.

（ii） Payment by automatic withdrawal from the bank account designated by the subscriber through a collection agency separately designated by the Company by the date designated by the Company.

(2) Payment shall be made by other payment methods specified by the Company.19. (Outage of service)If any of the provisions of Articles 20 through 22 apply to you, our company may suspend the provision of some or all the Services upon prior notice from our company to the Subscriber. Our company shall not be liable for any damage caused to subscribers because of the suspension.

20. (Suspension of all or part of services notified)

In any of the following cases, the Company may suspend all or part of the Service after giving prior notice to the Subscriber. The method of notification shall be selected by the Company and shall take effect upon transmission of the notification, and whether the notification reaches the Subscriber shall have no effect on its effectiveness.

(1)In the event of periodic or urgent inspection or maintenance of hardware, software, telecommunications equipment, or other related equipment or systems related to the Service.

(2)If provision of the Service becomes difficult due to computer or communication line failures, malfunctions, API limits, excessive concentration of access, unauthorized access, hacking, or other unforeseen factors.

(3)In the event of security problems related to the Service.

(4)Natural disasters, armed conflict, power outages, riots, epidemics or other epidemics, destruction, or damage to supplies or facilities, fire, typhoons, earthquakes, floods, reasonable measures based on a duty of care for safety, or other events beyond our control.

(5)When the operation of this service becomes difficult due to laws and regulations or measures based on such laws and regulations.

(6)Other reasons like those listed above that the Company deems necessary.

21. (Matters to be Notified to the Subscriber)

Our company will notify you if any of the following apply:

In such case, it shall not necessarily be necessary to give prior notice of suspension of services, the notice method shall be selected by our company and shall become effective upon dispatch of the notice, and whether the notice has reached the subscriber shall not affect its effectiveness.

(1) If there is a deficiency in the application for use or the submitted documents.

(2) If there is a change in the address, telephone number or the contents of the application form for use by the administrator, etc., and the procedure for change has not been taken.

(3) If our company is not notified in advance of a service suspension due to the fault of a contractor to whom our company entrusts equipment management or a contractor who manages equipment required to use our company services.

22. (Unconditional cancellation of a contract)

If the Subscriber falls under any of the following items, the Company may, at its discretion, take necessary measures such as service suspension without notice to the Subscriber.

(1) When there is a fact that is contrary to the representations and warranties made by the Subscriber, or when a false notification is made.

(2) If the Subscriber has committed or may commit an act that violates the honor, credit, or privacy of the Company or a third party.

(3) The User has committed or may commit an act that infringes or may infringe upon the copyright or other intellectual property rights of the Company or a third party.

(4) The Subscriber has committed or may commit an act that causes or may cause loss, damage, or theft of the Company's or a third party's system or data.

(5) When the Company recognizes that the Subscriber's obligations have not been fulfilled or that the Subscriber's credit standing has deteriorated so much that there is a risk of uncollectible of receivables.

(6) If there is unauthorized use of user IDs and passwords.

(7) When there is an act that interferes or may interfere with the Company's provision of the Service.

(8) If the Subscriber is found to have committed or may commit an act that obstructs or interferes with a third party's use of the Service.

(9) If the Subscriber violates these Terms of Use.

(10) When the provision of the Service is impossible due to force majeure caused by a major disaster, etc.

(11) When the Subscriber or the system administrator is unidentifiable or unreachable.

(12) When the Company, at its own discretion, determines that the Service is inappropriate for any other reason.

23. (Discontinuance of part or all the services)

Our company reserves the right to discontinue any or all the Services at any time. Our company shall not be held responsible for any damages suffered by the subscriber because of the termination of part or all the Services.

24. (Service Discontinuance Notification)

In the event of the termination of any or all the Services, our company will give notice to the subscribers of such services not less than one (1) year prior to such termination. The method of notification shall be selected by our company and shall become effective upon dispatch of the notification, and whether the notification reaches the contractor shall not affect its effectiveness. If our company is unable to give one year or more notice in the event of service discontinuation due to unforeseen circumstances or unavoidable circumstances such as laws and regulations, natural disasters, etc., our company shall promptly notify the relevant service contractor after the fact.

25. (Discontinued Services)

If it becomes difficult for us to continue our business, we may discontinue the service with prior notice to the subscriber. The Company or its agents shall be obligated to return to the Subscriber the usage fees paid prior to the discontinuation, and the Company shall bear the various costs associated with the return of the fees. In the event of discontinuation of the service, the Company shall be responsible for the return of all materials provided by the Subscriber for use of the service (including reproductions of all or part of the materials, etc.; the same shall apply hereinafter). The same shall apply hereinafter) to the Subscriber immediately after the termination of the contract. The Company shall return to the Subscriber the materials, etc. (Including all or a part of duplicates of the materials, etc.; the same shall apply hereinafter) provided by the Subscriber in using the Service immediately after the termination of the contract, and delete the materials, etc. recorded in the facilities for the Service at the Company's responsibility.

26. (Relationship to Salesforce)

This service is an application service that works in conjunction with the SFDC platform based on Salesforce OEM partner agreement.

27. (Customer customization of services)

For Subscriber to create applications or objects on SFDC for the purpose of customizing or using the Services together, Subscriber must meet the requirements of the license agreement for the SFDC platform (force.com) that Subscriber is using. We do not guarantee the functionality or continuity of the custom objects and APIs defined by the Subscriber and may discontinue or change them at any time without notice, and the Subscriber acknowledges and agrees to such discontinuance or change.

28. (Prerequisites for using third-party applications)

In using the Service, you may use third party applications incorporated into the Service to the extent available in the Service, as described in the mitoco User's Guide and other user guides (including their respective administrator manuals and installation manuals, etc.). Use of third-party applications is subject to compliance with the terms of use of the applicable third party. You shall not object thereto. The Company shall not be liable for any guarantee of operation, continuity, liability, etc. of Third-Party Applications, and Article 29 (Disclaimer) shall apply mutatis mutandis to Third Party Applications.

29. (Exemption from liability for the provision of our services)

Our company's liability with respect to the Services or Terms of Use, etc. for any reason shall be limited to Section 30 (Limitation of Liability). Our company shall not be liable for any damages caused to you or others due to any of the following reasons, regardless of any disputes, etc., between the contractor and a third party arising from the use of the Services, and any liability for default, tort, or other legal claims.

(1)Natural disasters, armed conflicts, power outages, riots, epidemics or other epidemics, destruction or damage to goods or facilities, fires, typhoons, earthquakes, floods, reasonable measures under the duty of safety consideration, and other causes beyond the control of our company.

(2)Failure due to equipment on the contractor's part or failure of telecommunications services up to the equipment for this service, etc., Failure of the contractor's connection environment.

(3)damage caused by the performance of the service equipment, such as response time from the service equipment.

(4)For computer virus protection software installed by our company from a third party, invasion of facilities for the Service by computer viruses of types for which virus patterns, virus definition files, etc. have not been provided by the third party.

(5)Unauthorized access to or attack by a third party, or interception in a communication channel, on equipment for the Service, etc., which cannot be defended even with the care of a good manager.

(6)Damages arising from the failure of a contractor, etc. to comply with procedures, security measures, etc. prescribed by our company.

(7)Damage caused by hardware, software (OS, middleware, and DBMS) and database of equipment for the Service which are not manufactured by our company.

(8)damages caused by malfunctions in telecommunications services provided by telecommunications carriers.

(9)Interception of communications for criminal investigation as required by law, regulation, or court order, or other compulsory dispositions under court order or statute.

(10)Matters relating to the business of subcontractors: Minister for the appointment of subcontractors and the supervision of their business.

(11)Cases in which the damage cannot be avoided even with the utmost care, etc., and cases in which the blame cannot be attributed to our company.

(12)any other cause not attributable to our company.

30. (Compensation for Damages)

If the Company fails to provide the Service to the Subscriber due to reasons attributable to the Company when the Service should be provided, the Company shall compensate the Subscriber for ordinary damages up to the amount of the monthly fee prescribed in the Agreement as of the time of the failure. In this case, the Company will compensate the Subscriber for ordinary damages directly incurred by the Subscriber up to the amount of the monthly fee specified in this Agreement at the time of the occurrence of the service failure. However, damages and lost earnings caused by special circumstances shall be exempted. If the Subscriber does not make such a claim in writing to the Company by the day on which three months have elapsed from the day on which the Subscriber became entitled to such claim, the Subscriber shall lose the right to make such a claim.

31. (Handling of Copyrights)

The system software (This includes cases where it is prepared and held by third parties. Hereafter referred to as the "Right Holder".) created and possessed by our company and its affiliates in connection with the Service is subject to copyright (including the right to create derivative works as prescribed by the Copyright Act and the right to exploit such derivative works) in any country, foreign country, or region. Japanese law, sections 27 and 28 of the Copyright Act also apply) and other intellectual property rights.

(1) Subscribers may not copy, modify, distribute, lend, or otherwise exploit this System Software in any form possible without the permission of the rights holder, beyond the extent permitted by these Terms.

(2) Subscribers may not use trademarks (including service marks) owned by rightsholders without permission.

(3) The Contractor may not, without the permission of the Right Holder, decompile, disassemble, reverse engineer, or do anything similar with the System Software to which the Right Holder has a right to provide the Services.

32. (Handling of acquired information)

1. Both our company and the contractor are bound by confidentiality. Neither the Contractor nor our company shall disclose or divulge to any third party, in connection with this Agreement, any technical, business or other confidential information of the other party which they have become aware of, without the written consent of the other party and except as necessary for the provision of services. However, this shall not apply to the following cases:

(a) If it is already public knowledge or public use at the time of knowing.

(b) If, after learning of the information, it becomes public knowledge or public use through no fault of its own.

(d) if it is duly obtained without obligation of confidentiality from a third party with legitimate authority.

(e) Disclosure or provision is required by law or at the request of a competent public authority.

(f) Require the Contractor to perform its obligations under this Agreement.

2. our company may, at our company's discretion, subcontract to a third party some of the work required in connection with the provision of the Services to Subscribers. In this case, our company shall impose the obligations of this Article on the subcontractor (Hereafter referred to as "sub-contractor".).

3. our company shall acquire and securely manage personal information, etc. for the purposes of our company Privacy Policy (https://www.terrasky.co.th/s/policy?language=en_US) and the use set forth below, and the subscriber agrees in advance to this.

(1) Personal information, etc.

(a) Information obtained by our company in connection with an application for the Services.

(b) Any information obtained by our company upon application, such as subscriber name (Name of corporation, organization and representative), address, telephone number, email address, etc.

(d) Other information obtained in connection with the Service.

(2) Purpose of use

(a) To maintain and build the smooth operation of the Service.

(b) to provide the Services requested by Subscribers, including the sale of the Services, maintenance services and delivery of materials (It also includes the accumulation of statistical data such as cookies and support history.).

(c) To respond to various inquiries, requests, requests, etc. (Including the accumulation of inquiry history, etc., for better response)

(d) To provide regular and emergency maintenance information, corporate information and information related to the Service from our company (For example, sending materials, new feature introductions, information on seminars and events, mail magazines, service information for subscribers, etc.)

(e) To serve as a reference to reflect subscriber's wishes in the planning, development, diagnosis and improvement, modification, and marketing activities of the Service (Includes surveys, customer satisfaction surveys, and contact history for this service.).

(f) Our company shall erase personal information without delay in the event that our company or the subscriber terminates the Services for any reason, or if the Services are terminated due to circumstances on the part of salesforce, the premise of the Services. The personal information and other information acquired by our company shall remain valid after the termination of the contract, and our company shall be able to use the subscriber's registration information in the Services within the scope of this Article after the termination of the contract.

4. our company may provide the personal information, etc. set forth in the preceding paragraph to business operators (including subcontractors) to the extent necessary for the purpose of use set forth in the preceding paragraph, and the contractor agrees to this in advance.

・Salesforce Japan, Inc.

・TerraSky, Inc.

・Affiliates of TerraSky, Inc. (https://www.terrasky.co.jp/company/profile/) Our company may, for the purpose of use in the development and research of this service or any new service, use or provide to any subcontractor the personal information, etc. set forth in Item 1, Paragraph 2 of this Article after taking necessary measures in accordance with the Personal Information Protection Act B.E. 2562 (2019).

5. In accordance with laws and regulations, our company may request that our company disclose any personal information, etc., of the subscribers it acquires. Our company will promptly respond to any corrections or deletions made to personal information or other information that is found to be untrue.

6. In accordance with relevant laws and regulations, our company is obligated to properly protect personal information and shall take necessary measures in the event of leakage, loss, or damage, including to subcontractors (Hereafter referred to as "leakage, etc.".). However, this does not apply when the contractor has been instructed by relevant laws and regulations or government authorities regarding leakage, etc.

7. To resolve technical issues with the Service, our company may access the Service (Includes personal and acquired information of contractors) using the Subscriber's credentials after prescribed procedures by the Subscriber. If access to the Service at the request of the Subscriber leads to a response beyond the scope of our company's support, the Subscriber agrees to pay our company the cost of such response.

8. Contact information for persons responsible for managing subscriber's personal information and contact information in accordance with our company Privacy Policy(https://www.terrasky.co.th/s/policy?language=en_US) is as follows:●●●●●●●●●●●●●●●

33. (Clauses that continue after the contract ends)

Article 26 (Relationship with SFDC), Article 29 (Disclaimer), Article 30 (Limitation of Liability), Article 31 (Copyright, etc.), Article 32 (Handling of Acquired Information), Article 35 (Governing Law), and Article 36 (Agreed Jurisdiction) of this Agreement shall remain in effect after termination of this Agreement.

34. (Non-interference in disputes between contractors)

If a dispute arises between subscribers to the service, the dispute shall be resolved between them, and the Company shall not be involved in the dispute.35. (Governing law)The Service shall be provided only within Thailand, but the formation, validity, interpretation, and performance of this Agreement shall be governed by the laws of Japan.

36. (Exclusive jurisdiction)

If any dispute arises in connection with the use of the Service, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.

37. (Elimination of antisocial forces)

1. Both our company and the Contractor represent and warrant to the future that they, their officers or persons who directly or indirectly hold 50% or more of the shares of B are not9Sanctioned Persons (Includes those listed on the Denied Persons List, Unverified List, Entity List, Specially Designated Nationals and Blocked Persons List, Debarred List, and those designated under Section 889 of the National Defense Authorization Act of 2019. If these lists are changed or new regulations, etc. to the same effect are made, the contents after the change, etc. shall be included as a matter of course.) designated by Thailand or the United Nations Security Council, the Government of Japan, the Government of the United States or the European Union authorities, and covenant not to involve such Listed Persons in the performance of the Services, regardless of their mode of involvement, such as outsourcing or re-outsourcing. If our company and the Contractor become aware of any error in such expressed warranty or breach of such covenant, they shall immediately report the details to the other party in reasonable detail and take the necessary measures to correct the error or breach.

2. The Parties represent and warrant for the future that they or other persons involved in the use of the Services (Includes contractors and subcontractors of the Services.) do not use the Services, whether or not they are involved in the performance of the Services, covered communications equipment or services regulated under Section 889 of the U.S. National Defense Authorization Act of 2019 (If a change is made due to a legal amendment, etc., or new legislation, etc. to the same effect is enacted, the content after the change, etc. shall be included as a matter of course.). In addition, the Company shall disclose to the First Party any information reasonably requested by the First Party concerning the use, etc.

3. If the parties are found to have violated, or reasonably determine to have violated, any of the preceding paragraphs and it is found to be difficult to maintain the mutual trust between the parties, the other party may terminate the contract for the Services with written notice.

4. If the termination is made pursuant to the preceding paragraph, the party shall not be liable for any damages incurred by the other party because of such termination. If the other party suffers damages because of the exercise of the right of cancellation under the preceding paragraph, the party shall compensate for the damages caused or related to such cause.

38. (Complete agreement)

These Terms (including all Exhibits and Attachments to the Terms) constitute the entire agreement between the parties, between our company and the Contractor and supersede all prior or contemporaneous agreements, proposals, or representations, whether written or oral, with respect to the purposes of these Terms. Any amendment, change or waiver of any provision of these Terms shall be null and void except by a written certification signed and sealed or signed by, or electronically accepted by, the party to whom such amendment, change or waiver is asserted. However, in the event of any inconsistency or inconsistency between the text of these Terms and the Attachments and Exhibits to these Terms, the terms and conditions of such Attachments and Exhibits shall prevail.