Legal Terms & Conditions

Terms & Conditions

Updated 5/25/2021

1) Agreement Summary:

Subscriber (Person placing order online) hereby orders services, from WhizKids, LLC. This Service Agreement for the provision of Services is made and entered into by WhizKids, LLC, (”WhizKids”) and Subscriber ‘Customer”) in accordance with, and subject to, the Terms and Conditions, set forth in this document, and Service Level Agreement, which has been attached to this document.

2) Contract Term:

The terms of this Agreement (”Service Agreement”) shall commence on the start date listed on this agreement, and continue until terminated by customer pursuant to terms established in section 4.

3) Payments:

3.1 – Subscription and those services undescribed, shall be invoiced monthly on the first (1) of the month to which services are performed. Customer shall pay all amounts owed promptly upon receipt of invoice but in no event later than (5) days following the invoice date. Customer shall use best efforts to maintain an active credit card on file for the completion of said payment in an auto-pay fashion. 
3.2 – Additional services such as hourly or one time product orders shall be charged immediately to the customers card on file. In the event the customer card failes the customer shall have (5) days following the invoice date to bring the account current or be subject to interest or termination as described in section 3.3.
3.3 – WhizKids may, in addition to any other remedies available to it, impose a late payment charge of one and one-half percent (1.5%) per month on any amount not paid by the fifteenth (15) day of the service month, Customer agrees that WhizKids has the right to collect from Customer any fees, expenses or costs incurred by WhizKids in collecting any amounts that remain due and owing to WhizKids after the due date including, but not limited to, reasonable attorneys’ fees, collection agency costs and court costs. WhizKids may assess Customer a fee of $45.00 for any check returned for insufficient funds.

4) Termination:

Customer may terminate this agreement at any time via the online portal. Services shall cancel at the end of the current billing period. All outstanding invoices will become due immediately upon cancellation request.

5) Software Licensing:

Software Licensing is the Customer’s responsibility to comply with the terms of use, distribution, duplication and other requirements whether public or private in origin applicable applied to any software supplied through WhizKids.

6) Indemnity:

The Customer will indemnify WhizKids, its staff, contractors and agents for any loss or damage suffered or incurred as a result of failure to obtain any necessary license or consent to enter any premises, or premises being unsafe or unsuitable, or any failure of the client to comply with any conditions imposed by any other party.

7) Confidentiality:

7.1 – Definition of Confidential Information. For purposes of this Section 7, “Confidential Information” shall mean (i) all confidential or proprietary information of the Disclosing Party; (ii) all information marked or designated by the Disclosing Party as confidential; (iii) all information, whether or not in written form and whether or not designated as confidential, which is known to the Receiving Party as being treated by the Disclosing Party as confidential; (iv) all information provided to the Disclosing Party by third parties which the Disclosing Party is obligated to keep confidential; and (v) all other information, however documented, that is a trade secret of the Disclosing Party within the meaning of the Oregon Uniform Trade Secret Act. Notwithstanding the foregoing, Confidential Information shall not include any information now or hereafter voluntarily disseminated by the Disclosing Party to the public, or which otherwise becomes part of the public domain through lawful means.
7.2 – Mutual Obligations. Each party (as the “Receiving Party”) acknowledges and agrees that all Confidential Information disclosed by the other party (as the “Disclosing Party”) is confidential and proprietary to the Disclosing Party. The Receiving Party will not, during the term of this Agreement or thereafter, directly or indirectly, copy, transmit, reproduce, summarize, quote or make any use whatsoever of any Confidential Information of the Disclosing Party, except as may be expressly authorized by this Agreement or otherwise necessary for the performance by the Receiving Party of its obligations under this Agreement. The Receiving Party will hold all Confidential Information of the Disclosing Party in confidence and will not, during the term of this Agreement or thereafter, reveal, communicate or disclose any such Confidential Information, directly or indirectly, under any circumstances or by any means, to any third person without the prior express written consent of the Disclosing Party.
7.3 – Return of Confidential Information. The Receiving Party agrees, upon the expiration or termination of this Agreement, or otherwise as requested by the Disclosing Party, to promptly deliver to the Disclosing Party all of the Disclosing Party’s Confidential Information, that maybe in the Receiving Party’s possession or under its control.

8) Limitation of Liability:

8.1 – WhizKids and its subsidiaries and affiliates (collectively, “WhizKids Group”) shall not be liable for:
  • losses that were not caused by our breach of these Terms;
  • losses relating to Customer business, loss of profits, or loss of opportunity; or
  • loss of data stored on any Customer device, or inability to access data.
8.2 – Maximum Liability: In any event WhizKids Group liability for any claims under this agreement will not exceed the total sum of any amounts received from Customer under this agreement over the (6) Month period immediately preceding the claim.
Nothing in these Terms is intended to exclude or limit WhizKids Group liability for any liability that cannot be excluded by law.

9) Special Stipulations:

9.1 – Additional Services added by Customer and not shown in this agreement will be charged at WhizKids’ then prevailing rates. Rates are available upon request and subject to change.
9.1a – Excluded Services/Items-
  • Labor related to lawsuits
  • Labor related to office moves or relocation
  • Labor related to replacement of parts or consumables on printers
  • Labor related to an incident that is covered by a Cyber Insurance Policy
  • Failure due to acts of God, building modifications, power failures or other adverse environmental conditions or factors including terrorism
  • Website work over hours included in plan
  • Non Emergency after business hours support
  • Parts, equipment or software not covered by vendor/manufacturer warranty or support.
  • The cost of any software, licenses, or software renewal or upgrade fees of any kind
  • Problems occurring on equipment not covered under this agreement
  • New equipment that does not replace existing equipment unless added to service agreement
  • Training Services
9.1b – Add/Removes/Changes: Quantity of machines shall be adjusted based on the date services first start. Billing shall be pro-rated to said start date and invoice accordingly on the subsequent invoice Any decommissioned units shall be removed on the subsequent invoice following 30 days of being offline. Unless agreement is month-to-month, at no time shall quantity go below the original contract count.
9.2 – Each party agrees not to directly or indirectly solicit for employment or employ or retain as an independent contractor or consultant, or provide any information or assistance to any person or entity for the purpose of enabling any person or entity to directly or indirectly solicit for employment or employ or retain as an independent contractor or consultant, any employee or independent contractor of the other party without written permission from the other party for a period of one year after the end date of this contract.
9.3 – WhizKids shall not be held responsible for any delay or failure of performance hereunder caused by acts of God, poor weather conditions, power outages, war, riot, terrorism, fire, explosion, flood, strike, lock-out, injunction, governmental law or regulations, or any other cause beyond the control of WhizKids.

10) Fair Usage Policy:

We offer unlimited tickets at one low monthly price, and we ask our customers to be considerate of others. If we feel any one is abusing this, at our sole discretion, we reserve the right to limit the amount of concurrent open tickets. We reserve the right at our sole discretion to terminate any account whose amount of ticket time consumption negatively effects other users.

BY SUBSCRIBING, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS HAD THE OPPORTUNITY TO REVIEW THE TERMS AND CONDITIONS AND BY SUBSCRIBING, THE CUSTOMER AGREES TO THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT.

SLA

Gauranteed Response Times

This Service Level Agreement (“SLA”) Addendum to WhizKids’ Terms and Conditions sets forth WhizKids’ service level commitments for its managed services.

Ticket Priority

Targets

Failure Credit

Priority 1 Ticket (High) –
Issues affecting multiple users, related to server or network infrastructure

Target Response: within 4 business hours*

Target Resolution** Time: 6 business hours* after initial response.

Target Onsite Dispatch:  2 business days* from the determination of onsite needed

Hardware related issues will be passed on to the manufacturer or parts will be ordered within Target.

Missed Response Target: 1 day per additional hour issue has not been responded to

Missed Resolution** Target: 1 day per additional 6 hours.

Missed Onsite Dispatch Target: 1 day per additional business day customer is waiting for dispatch. If technician doesn’t arrive within 5 business days due to any issue caused by WhizKids. WhizKids will cover the full cost of the onsite service.

Priority 2 Ticket (Medium) –
Issues affecting one user in a critical manner. Unable to perform job function and no work-a-round available.

Target Response: within 4 business hours*

Target Resolution** Time: 12 business hours* after initial response.

Target Onsite Dispatch:  2 business days* from the determination of onsite needed

Hardware related issues will be passed on to the manufacturer or parts will be ordered within Target.

Missed Response Target: 1 day per additional hour issue has not been responded to

Missed Resolution** Target: 1 day per additional 12 hours.

Missed Onsite Dispatch Target: 1 day per additional business day customer is waiting for dispatch. If technician doesn’t arrive within 5 business days due to any issue caused by WhizKids. WhizKids will cover the full cost of the onsite service.

Priority 3 Ticket (Low)-
General issues

Target Response: within 4 business hours*

Target Resolution** Time: 3 business days* after initial response.

Target Onsite Dispatch:  3 business days* from the determination of onsite needed

Hardware related issues will be passed on to the manufacturer or parts will be ordered within Target.

Missed Response Target: 1 day per additional hour issue has not been responded to

Missed Resolution** Target: 1 day per additional 12 hours.

Missed Onsite Dispatch Target: 1 day per additional business day customer is waiting for dispatch. If technician doesn’t arrive within 8 business days due to any issue caused by WhizKids. WhizKids will cover the full cost of the onsite service.

* – Business Hours are considered Monday-Friday 5AM-5PM PST. Excluding all major holidays.

** – Resolution time is a calculation of the ticket waiting on our technicians and/or working on the issue. It does not include time waiting for a customer response.

Headquarters

10180 SW Nimbus Ave, STE J1
Tigard, OR 9223

Phone

Sales: (866) 487 – 7660

Contact Us