Terms of Service
Welcome to StrutWorks
These terms and conditions outline the rules and regulations for the use of StrutWorks' Website.
By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use StrutWorks' website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", "Ourselves," "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they are taken as interchangeable and therefore as referring to the same.
Cookies
We employ the use of cookies. By using StrutWorks' website you consent to the use of cookies in accordance with StrutWorks's privacy policy.
Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
License
Unless otherwise stated, StrutWorks and/or its licensors own the intellectual property rights for all material on StrutWorks. All intellectual property rights are reserved. You may view and/or print pages from *https://strut.works, https://strutworks.io for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from *https://strut.works, https://strutworks.io Sell, rent or sub-license material from *https://strut.works, https://strutworks.io Reproduce, duplicate or copy material from *https://strut.works, https://strutworks.io Redistribute content from StrutWorks (unless content is specifically made for redistribution).
User Comments
This Agreement shall begin on the date hereof. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. StrutWorks does not screen, edit, publish or review Comments prior to their appearance on the website and Comments, do not reflect the views or opinions of StrutWorks or its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws, StrutWorks shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. StrutWorks reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions. You warrant and represent that: You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party; The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy, The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. You hereby grant to StrutWorks a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without a prior written approval: Properties of StrutWorks or its subsidiaries.
All others must have written approval.
Iframes
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
Content Liability
We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Storage Of Personal Information
None of our systems are allowed to store personal information such as Credit Cards, Driver Licenses, ID Card Numbers, Passport Information, Social Security Cards, Private Billing Information, Private Financial Information, Private Tax Information.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage to any nature.
Application SaaS Subscription Fees
You agree to the payment term at the time of checkout, and you understand that you are paying for a cloud-based software service. Your login will continue to operate until the end of the billing cycle and will only continue to work should the account be successfully renewed. Annual Service Terms: Annual plans will operate for one calendar year from the date of purchase and then renew on the same day each year; meaning if you start on June-3rd then you will renew on the June-3rd each year. Monthly Service Terms: Monthly plans are billed every 30 calendar days and on the 30th day the plan will automatically renew unless canceled. Primed Monthly Service Terms: Primed Monthly plans are billed in the designated groups. Meaning, a 90-day primed plan would be renewed every 90 days. All plans will renew at the end of the term unless the account has been cancelled.
Cancellation Policy
Plans can be cancelled at anytime and will not auto-renew on the next renewal date once cancelled. Cancelled accounts will continue to operate until the end of the current paid plan date. To cancel you plan, please contact support. Service plans are non-refundable. Purchasing cloud-based software is the same as any other service. Once you pay your fee, the software will work for that term. We will keep the data for unpaid accounts for 180 days after the close of the last billing cycle. After 180 days, we reserve the right to remove the account data and login at anytime. We also reserve the right to remove data or accounts immediately that violate any law or service agreement. You cannot sublease your account or resell or make resale or transfer without written permission from StrutWorks at anytime without a written consent. If you are caught stealing our ideas, screens, data, hacking other customers, threatening for harm, harassing customers or employees, or making poor decisions using this system then we reserve the right to close your account and keep your money. We will also pursue all civil actions and criminal chargers against you and company. If you use the software exactly how it is intended, then this will never be an issue. We want to work super hard to make you a happy and successful customer. But we understand things change. We promise to make your cancellation easy, no questions asked. But if we can make something better, we hope you give us a chance to do so.
Information and Communications
Active accounts agree to email communications, phone calls, direct mail and text communications from StrutWorks. That communication is from us only and no one else. We do not sell personal data to ANYONE, we do not sell or share phone numbers, email addresses or associate personal information to public information and provide any level of access to that. What we are trying to say is that we will contact you as an account holder and no one else from outside our company will have access to your information. Even our employees cannot see your data, you have to do screen shares with them in cases of direct troubleshooting or create an extra account for them. We take your privacy seriously. Data and/or messaging rates may apply. If you are one of the few people left on earth still using pay-per-text then we offer our sincere apologies that when you receive text messages from our system that messaging rates could be applied by your carrier. If you are an active user that might mean hundreds of text messages per day.
PowerWorks Affiliate Partner Program Agreement
This pertains to accounts that are approved and activated partners with StrutWorks.
Affiliate Partner Agreement
This Affiliate Partner Agreement (the "Agreement") is entered into on first login, (the "Effective On Login"), by and between StrutWorks, a California LLC as ("StrutWorks"), and [Affiliate Partner], a [Legal Entity/Person] as ("Affiliate Partner").
WHEREAS, StrutWorks provides Software as a Service (SaaS) platforms and custom IT services; and
WHEREAS, Affiliate Partner desires to become an affiliate partner of StrutWorks for the purpose of marketing and promoting StrutWorks' products and services;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, StrutWorks and Affiliate Partner (collectively referred to as the "Parties") hereby agree as follows:
1. Appointment of Affiliate Partner
1.1 Appointment. StrutWorks hereby appoints Affiliate Partner as a non-exclusive affiliate partner to market, promote, and refer customers to StrutWorks' SaaS platforms and custom IT services, subject to the terms and conditions of this Agreement.
2. Responsibilities of Affiliate Partner
2.1 Marketing and Promotion. Affiliate Partner agrees to use its best efforts to market and promote StrutWorks' products and services to potential customers using ethical and lawful methods.
2.2 Compliance with Laws. Affiliate Partner shall comply with all applicable laws and regulations in the course of its marketing and promotional activities.
2.3 No Authority to Bind StrutWorks. Affiliate Partner shall not have the authority to enter into contracts or agreements on behalf of StrutWorks or otherwise bind StrutWorks in any way.
3. Compensation
3.1 Commission. In consideration for Affiliate Partner's efforts in referring customers to StrutWorks, StrutWorks shall pay Affiliate Partner a commission on each qualifying sale generated through Affiliate Partner's referral.
3.2 Payment. Commissions shall be paid to Affiliate Partner on a monthly basis, within 31 days after the end of the applicable payment period.
3.3 Commission Structure. The commission structure, including the percentage or amount of a commission, shall be determined by StrutWorks and communicated to Affiliate Partner separately.
4. Tracking and Reporting
4.1 Tracking. StrutWorks shall provide Affiliate Partner with tracking links or unique identifiers to track referrals and sales generated by Affiliate Partner.
4.2 Reporting. StrutWorks shall provide Affiliate Partner with access to an online portal or reporting system to track commissions earned by Affiliate Partner.
5. Termination
5.1 Termination for Convenience. Either Party may terminate this Agreement at any time, for any reason or no reason, upon 31 days' written notice to the other Party.
5.2 Termination for Cause. Either Party may terminate this Agreement immediately if the other Party breaches any material provision of this Agreement.
6. Confidentiality
6.1 Confidential Information. Affiliate Partner may have access to confidential and proprietary information of StrutWorks. Affiliate Partner agrees to maintain the confidentiality of such information and not disclose it to any third party without the prior written consent of StrutWorks.
7. Miscellaneous
7.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, whether written or oral.
7.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of California, without regard to its conflict of laws principles.
7.3 Amendment. This Agreement may only be amended in writing and signed by both Parties.
IN WITNESS WHEREOF, the Parties hereto have executed this Affiliate Partner Agreement as of the Effective Date.
Changelog
All changes must be listed below after 08-01-2022
| # | DATE | NOTES |
|---|---|---|
| 1 | AUG-01 of 2022 | Changed Strut Works to StrutWorks. |
| 2 | JUN-22 of 2023 | Added partner agreement for PowerWorks. |
| 3 | AUG-23 of 2023 | Ran content through Alex and made grammar changes. |
| 4 | AUG-26 of 2023 | Document approved |
| 5 | SEP-01 of 2023 | Added in https://strutworks.io |
| 6 | SEP-04 of 2023 | Moved partner agreement in to main agreement |