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<br /> <br /> <br /> 5 <br />File: VS Terms of Service 04DEC2020-V01 ©RecTrac, LLC All rights reserved. <br /> Last Revision: 9/29/2021 <br />paid. Continued non-payment of Fees more than <br />60 days after the Due Date will result in a default <br />under the Agreement. In the event of default, all <br />payments otherwise due to us under the <br />Agreement will be accelerated and will be <br />considered due and payable by you immediately, <br />as of the date of default. <br />5.6. Taxes. If you are a tax-exempt organization, <br />then this provision does not apply. We have no <br />obligation to pay your taxes under any <br />circumstances. Taxes may include value-added tax <br />(VAT), a goods and service tax (GST), a sales tax, or <br />use or withholding taxes assessed by a local, state, <br />federal, provincial or foreign government entity <br />(collectively, "Taxes"). Please make sure that you <br />have taken appropriate steps to pay your Taxes. <br />We are obligated to comply with all valid tax liens <br />or levies associated with your business. If we must <br />pay Taxes on your behalf, you agree to indemnify <br />us for any such payments within 30 days from your <br />receipt of a special tax-related invoice. <br />6. MODIFICATIONS. <br />6.1 Changing the Terms of Service. We reserve the <br />right to modify these Terms of Service by posting a <br />revised Terms of Service on our website and <br />sending you notice that they have changed to your <br />email address on recordand be required to, ask <br />you to review and to explicitly agree to or reject a <br />revised version of the Terms of Service. In such <br />cases, modifications will become effective at the <br />time you sign your consent to the modified Terms <br />of Service. In cases where we do not ask for your <br />explicit consent to a modified version of the Terms <br />of Service, but otherwise provide notice as set <br />forth above, the modified version of the Terms of <br />Service will become effective 30 days after we have <br />posted the modified Terms of Service and provided <br />you with notification. Your continued use of <br />Services following that period constitutes your <br />acceptance of the Terms of Service as modified. If <br />you do not agree with the changes to the modified <br />Terms of Service, you are required to notify us of <br />such within the same 30-day period and we will <br />have the sole right to decide whether to revert to <br />the original Terms of Service or insist on the <br />changed Terms of Service and permit you to <br />terminate the Agreement without cause and <br />without penalty. <br />6.2 Changing the Order Schedule. You may add or <br />remove Services during the Term at any time <br />provided that we agree to such changes in writing. <br />6.3 Other Changes to the Agreement. Except as <br />otherwise described in this Section, no <br />modification of the Agreement will be binding <br />unless in writing and manually signed by an <br />authorized representative of the parties. <br /> <br />7. CUSTOMER DATA. <br />7.1 Customer Data Generally. You represent and <br />warrant that you own or have appropriate rights to <br />all of your Customer Data. You shall have sole <br />responsibility for the accuracy, quality, integrity, <br />legality, reliability, appropriateness, and <br />intellectual property ownership or rights to use of <br />all Customer Data (including Patron Data, as <br />applicable). Except as specifically provided for in <br />the Agreement, we shall not be responsible or <br />liable for the deletion, correction, destruction, <br />damage, loss or failure to store any of your <br />Customer Data. <br />7.2 Hosting Obligations. Hosting of Customer Data <br />on VS-controlled servers and systems does not <br />come standard with all Agreements; Customers <br />must specifically contract for hosting services and <br />pay all associated Hosting Fees. IF VS CUSTOMER <br />DOES NOT SELECT VS's HOSTING SERVICES, AND <br />INSTEAD CHOOSES TO ASSUME THE DUTY OF <br />HOSTING ITS OWN CUSTOMER DATA ON ITS OWN <br />SYSTEMS AND SERVICES, THEN AS SUCH, NO <br />LIABILITY SHALL ATTACH WHERE WE HAVE NO <br />DUTY WITHIN THIS CONTRACT OR AT COMMON <br />LAW. WE MAKE NO WARRANTIESASSOCIATED <br />WITH SUCH CUSTOMER DATA OR CUSTOMER’S <br />OWN HOSTING ACTIVITIES, INCLUDING (BUT NOT <br />LIMITED TO) INCIDENTS RESULTING IN data <br />breach, MISAPPROPRIATION OF CUSTOMER <br />DATA, VIOLATIONS OF PRIVACY RIGHTS, AND/OR <br />DocuSign Envelope ID: E67DC299-98E1-4682-B281-3085AC9FC5B4DocuSign Envelope ID: D8616E66-A1E5-427C-BF38-08F85D32580F