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By using the School Gig service Customer is agreeing to abide by the Terms of Service outlined herein.
NOW, THEREFORE, the Parties agree as follows:
The Customer hereby subscribes to the School Gig Platform on behalf of the school(s) or district listed in the School Gig Customer Profile attached hereto and incorporated herein by reference (collectively, the “Authorized Schools” and each an “Authorized School”). The Customer’s access to the School Gig Platform shall commence on the day School Gigs receives payment or a purchase order from Customer. Any purchase order or other document issued or delivered to School Gig by or for the Customer in connection with the Customer’s subscription for the School Gig Platform is only for the Customer’s administrative purposes and no terms and conditions of any such purchase order or other ordering document will apply to, or be binding upon School Gig.
The initial term (the “Initial Term”) shall be for a period of one year (1) year commencing as of the Execution Date and thereafter shall continue for one (1) year terms (each an “Additional Term”) until either Party gives the other Party notice that it does not wish to extend the term of this Agreement, which notice must be given at least thirty (30) days prior to the end of the Initial Term or the then Additional Term, as applicable. The Initial Term together with all applicable Additional Terms, unless terminated sooner pursuant to Section 4 hereof shall be referred to herein as the Term. Upon the termination or expiration of the Term, the access to the School Gig Platform by the District and the Authorized Schools shall cease immediately.
3.1 All fees are outlined on the School Gig website at this link SCHOOL GIG PRICING unless otherwise specified in a custom invoice from School Gig and/or a purchase order from Customer. For the sake of clarity, Customer’s fees are specified in the Pricing Addendum attached hereto.
Either Party may terminate this Agreement prior to the end of the Initial Term or any applicable Additional Term upon breach of this Agreement, which breach is not cured within ten (10) days of the breaching Party’s receipt of notice of breach by the terminating Party, which notice describes in reasonable detail the nature of such breach. Notwithstanding the termination of this Agreement, the provisions of all sections contained herein and the Customer’s obligation to pay any unpaid School Subscription Fees, Placement Fees and interest shall survive such termination.
All notices and other communications hereunder shall be in writing and shall be deemed given when delivered personally, or by email upon the Party giving such notice or the other communication receiving an electronic or other written confirmation of receipt by the intended recipient of such notice or other communication to the appropriate party to the attention of the Chief Executive Officer of Jammcard, Inc. DBA School Gig in the case of notice to School Gig or to the attention of [District Name], in the case of notice to the District or at such other address (or contact party) of such Party, as shall be specified by written notice when in fact delivered pursuant hereto.
School Gig and the District agree that the dispute resolution provisions set forth in Section 13.3 of the Agreement shall apply to any disputes between them that arise under this Agreement and are expressly incorporated herein by reference.
This Agreement shall not be assignable by the Customer except with the written consent of School Gig. Without the consent of the Customer, School Gig may assign this Agreement to any third party that acquires any or all of the assets of School Gig. Any other attempted assignment shall be void.
In the event any action (including any judicial reference pursuant to Section 6.2 ) is instituted by a Party to any of the terms or provisions hereof, the prevailing party in such action shall be entitled to such reasonable attorney’s fees, costs and expenses (including the costs of the reference referee as may be fixed by the Court or referee). This Agreement shall be construed in accordance with, and governed by, the laws of the State of California, without regard to the application of conflicts of law principles.
Subject to Section 6.3, all of the terms and provisions contained herein shall inure to the benefit of and shall be binding upon the Parties and their respective heirs, personal representatives, successors and assigns. No reliance upon or waiver of one or more provisions of this Agreement shall constitute a waiver of any other provisions hereof. No provision of this Agreement shall be construed against either Party on the ground that such Party or its counsel drafted the provision. All headings and captions have been inserted for convenience only and shall not affect the interpretation of this Agreement. The words “include”, “includes” and “including” shall be deemed to be followed by the words “without limitation”. The use of the words “or”, “either” or “any” shall not be deemed to be exclusive.
This Agreement (together with School Gig’s Privacy Policy) constitutes the entire understanding and agreement of the Parties with respect to the subject matter of this Agreement, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are hereby superseded.
