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1 <br />File: VS Terms of Service 04DEC2020-V01 ©RecTrac, LLC All rights reserved. <br />Last Revision: 9/29/2021 <br />TERMS OF SERVICE <br />1.DEFINITIONS. Capitalized terms used but not <br />otherwise defined in these Terms of Service will <br />have the meaning ascribed to such terms in the <br />Services Agreement or other applicable Addenda. <br />"Addendum" or "Addenda" means a document <br />added to the Agreement containing new or <br />supplemental terms. <br />"Agreement" means the Orange County, NC <br />Services Agreement (No RFP/RFQ) and any <br />attachments, schedules or exhibits referenced <br />therein, which could include the Order Schedule, <br />Privacy Policy, Vermont Systems Terms of Service, <br />Service Level Agreement, Statement of Work, Sub- <br />Merchant Agreement, or any later-signed <br />Addenda. <br />"Billing Period" means the period of time covered <br />by a single recurring dues fee for Services. Unless <br />otherwise noted, a Billing Period will be billed in <br />advance and will cover a period of one (1) year. <br />"Cardholder Data" is a subset of Customer Data <br />and generally includes a Patron's name, billing <br />address, credit card number, expiration date and <br />CVV code. <br />"Confidential Information" means any and all <br />information disclosed by either party to the other <br />which is marked "confidential" or "proprietary" or <br />which the recipient knows or has reason to know is <br />regarded by the disclosing party as such, including <br />information disclosed orally. "Confidential <br />Information" does not include any information that <br />the receiving party can demonstrate by its written <br />records: (a) was known to it prior to its disclosure <br />hereunder by the disclosing party; (b) is or <br />becomes known through no wrongful act of the <br />receiving party; (c) has been rightfully received <br />from a third party authorized to make such a <br />disclosure; (d) is independently developed by the <br />receiving party; (e) has been approved for release <br />with the disclosing party's prior written <br />authorization; (f) has been disclosed by court <br />order or as otherwise required by law, provided <br />that the party required to disclose the information <br />provides prompt advance notice to enable the <br />other party to seek a protective order or otherwise <br />prevent such disclosure; or (g) is subject to NCGS <br />Chapter 132 Public Records law. <br />"Customer" is a VS customer. The Customer is the <br />individual, business entity, non-profit, military <br />branch, or municipality contracting with us to <br />receive Services as more specifically identified in <br />the Services Agreement. Customer may also be <br />referred to in the Agreement as "you," "your" or <br />"Licensee." <br />"Customer Data" is the content, information or <br />data which you, your End Users and/or your <br />Patrons enter into the Software associated with <br />our Services. Customer Data may include Patron <br />Data, among other types of data. <br />"Effective Date" shall have the meaning as set <br />forth in the Services Agreement. <br />"End Users" are your authorized users of the <br />Software associated with our Services. Those <br />licenses associated with a Customer's concurrent <br />End Users will be listed in the Order Schedule. <br />"Fees" mean any and all fees associated with the <br />use of our Services, including (but not limited to) <br />Software Fees, Hosting Fees, Support Fees, any <br />fees associated with our Payment Services, and/or <br />any fees associated with Professional Services, as <br />well as any other fees or charges permitted by the <br />Agreement. Fees may be recurring, non-recurring, <br />or one-time, as more specifically described in the <br />Order Schedule. <br />"Hardware" means the computer equipment, <br />point-of-sale terminals, or other technical <br />Attachment ADocuSign Envelope ID: E67DC299-98E1-4682-B281-3085AC9FC5B4DocuSign Envelope ID: D8616E66-A1E5-427C-BF38-08F85D32580F