Varazo Engage Service Agreement

The following agreement (“Agreement”) is between Varazo, Inc (“Varazo Inc.”) of 2635 North 1st St., Suite 242, San Jose, CA 95134 and you (“Client”). By completing the Trial Registration process Client agrees to be bound by this Agreement.

1. Description of Service:

Varazo, Inc hosts online application service, Varazo Engage, for managing digital marketing team management service and monitoring digital marketing campaign performance. Varazo defines terms and conditions for trial service and recurring monthly service after free trial. The agreement specifies Varazo offers free trial service for 4 calendar weeks.

2. Proprietary Rights:

Varazo, Inc hereby grants Client a non-exclusive, non-transferable application service. Free use of the application expires 4 weeks after the signed date of this agreement.

3. Limited Liability:

3.1

Client expressly agrees that use of Varazo’s application is at Client’s sole risk. Neither Varazo, its employees, affiliates, agents, third party information providers, resellers or the like, warrant that Varazo’s service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information or service contained in or provided through Varazo, unless otherwise expressly stated in this Agreement.

3.2

Under no circumstances, including negligence, shall Varazo, its officers, agents or anyone else involved in creating, producing or distributing Varazo Engage’s service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use of Varazo’s service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Varazo’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Varazo’s servers.

3.3

Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney’s fee and court costs.

4. Confidentiality:

4.1

As Varazo wishes to provide Software service to Client, it needs to have Google and/or MSN account login information. Therefore, Varazo agrees to protect the interest of the client by limiting the use and disclosure of confidential information of the Client.

4.2

Confidential Information shall mean any information, which Client has not released publicly and which the Client considers confidential and/or in which Client has a proprietary interest.

4.3

Varazo will use Client’s Confidential Information solely for the purpose of providing software and/or customer service and for no other purpose whatsoever. Varazo will not disclose any received Confidential Information to third parties; Varazo limit access to any received Confidential Information to its employees and consultants who have a need-to-know in connection with the service provided by Varazo Engage. Varazo will take appropriate action with its employees and consultants having access to the Confidential Information, including, but not limited by advising such employees and consultants for the proprietary nature of the Confidential Information and of the confidential obligations set forth herein. And Varazo protects all received Confidential Information from unauthorized use or disclosure by using at least the same degree of care in safeguarding its own Confidential Information, but in any event, not less than a reasonable degree of care.

5. Indemnification:

Both parties to this Agreement agree that each party shall defend, indemnify and hold the other party harmless from any and all demands, liabilities, losses, costs and claims, including attorneys’ fees, (“Liabilities”) asserted against either party, their agents, customers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns.

This agreement represents the complete agreement and understanding between Varazo and Client and supersedes any other written or oral agreement. Upon notice via email to Client email address on record, and published on-line via MarketersPlaground, Varazo, Inc may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue the services offered. Continuing use of these services shall constitute your complete acceptance of these Terms and Conditions.

This Agreement shall be governed and construed in accordance with the laws of the State of California.

6. Payment:

6.1

Service Fees. Varazo provides a free of service during trial period.

If the client does not notify the cancellation to Varazo during this trial period, Varazo understands the client intends to use the service and charges the first month service right after free trial period.

By signing this, the client agrees to pay the service fee as specified by pricing page of Varazo Engage site.

6.2

Credit Cards. As a condition to your right to use Services that are purchased by recurring subscription, you must provide Varazo with a valid credit card belonging to you with available credit sufficient to pay the applicable Service Fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide Varazo with a new valid credit card. In the event that you do not provide Varazo with a current valid credit card with sufficient credit upon request during the term of this Agreement, you will be in violation of this Agreement, and Varazo may immediately terminate this Agreement.

6.3

Collection of Service Fee. You agree that in the event Varazo is unable to collect the Service Fees owed by you to Varazo for the Services, Varazo may take any other steps it deems necessary to collect such Service Fees from you and that you will be responsible for all costs and expenses incurred by Varazo in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Varazo may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

6.4

Refund Policy. Varazo agrees to refund its monthly Service Fees in full if the client notifies Varazo of cancellation within two days after the end of the trial. If notification of cancellation is requested afterwards after 4 weeks of the trial, there is no refund or proration for the first month’s billing. If the client progressed past at least one month of paid service without requesting cancellation, and is billed for a new month of service, the client has the obligation to notify Varazo of cancellation within two days for a full refund of that month’s billing amount. If cancellation is requested after two days, no refund will be offered.