Master Service Agreement (“MSA”) Terms of Use
THIS MASTER SERVICES AGREEMENT is made and entered into by and between MARTEC360 on behalf of itself and its Related Entities, Partner(s) and Customer as of the Effective Date. Capitalized words have the meanings stated in Section 1.0 (DEFINITIONS). In consideration of the mutual covenants and conditions contained in this Agreement together with its Exhibits, and intending to be legally bound as indicated by Customer’s submission and MARTEC360’s acceptance of a SOW, Proposal, Work Order or various other Agreements, the parties mutually agree as follows.
MARTEC360 Website and Customer Portal(s) Terms of Use:
- PEAK / CAMP / OIS
- Business Intelligence (BI)
- Marketplaces
- Digital Marketing
- Private Cloud
- Payflow Payments
- SaaS Connectors & Automation for Everest
- Avalara & SalesTax Rate Updates
- FoxFire (EFI)
- CAMP
- Order Import System (OIS)
- Cross Border INTL Shipping
- B2B Customer Statement / Payment Receipt Processing
- Sales Order to Sales Invoice Automation
- PO Creation from Forecasted BI
- PO to PR Automation
- Vendor Product Sheet Update Engine
- Vendor Drop-Ship Supply Chain Automation
- Matrix Automation for Upsert
Governing Law and Dispute Resolution.
The parties agree to treat the subject matter and existence of a dispute confidential and to resolve all disputes with respect to this Agreement promptly by negotiating in good faith. If a dispute is not resolved within fifteen (15) days of the complaint, either party may request negotiation between executives with authority to resolve the matter. If the matter is not resolved within thirty (30) days of a party’s request for negotiation, either party may initiate judicial proceedings (these time limitations do not apply if a statute of limitations will expire or if the party is seeking injunctive relief). The laws of the state of Florida, without regard to its conflicts of laws provisions, govern this Agreement, and each party irrevocably and unconditionally consents and submits to the exclusive jurisdiction of the applicable courts located in Hillsborough County, Florida for purposes of any action, suit or proceeding arising out of or relating to this Agreement and agrees that service of any process, summons, notice or document by registered mail or the equivalent to the address stated in the SOW, Proposals, Work Order or Agreements is effective service of process for any action, suit or proceeding brought against the party under this Agreement.