where the service is offered. Cost and PaymentService prices are stated in the Service Descriptions section below. Payment must be received in advance of Service. Acceptable forms of payment include: credit card, check, and bank transfer. Refunds will be granted up to 30 days from purchase, provided Service has not commenced. TravelNo travel is included. Service will be performed remotely by Brikit. Term and ExpirationEach Service Punchcard is valid for 60 days from date of purchase, with new punchcard purchases resetting the 60-day period for any unexpired previously purchased Punchcard. Unused Punchcard time cannot be refunded after 60 days from purchase. This Agreement will terminate one year after completion of the last Service or Theme Package annual maintenance contract. Work for HireExcept for extensions to Brikit products (which become part of the product, owned by Brikit) or the Confluence Universal Wiki Converter ("UWC", which become part of the UWC project, licensed by Atlassian), or unless otherwise agreed in writing, the Service will be provided as "work made for hire." For clarity, themes created under a Theme Package are work made for hire. Use of Brikit products, Atlassian products, and the UWC are governed solely by the terms of their respective End-User License Agreements. No WarrantyBrikit neither guarantees, warrants, nor makes any representations as to the correctness or completeness of the Service or its suitability to any particular purpose, and no liability, contingent or otherwise is accepted by Brikit for errors or omissions. Limitation of LiabilityWithout limitation, Brikit will not be liable for any loss, damage, cost, expense, or other claim (including consequential damages and loss of profits) in relation to the Service. NondisclosureIf You have entered a separate Nondisclosure Agreement with Brikit, that agreement governs nondisclosure obligations in lieu of this section. "Confidential Information" means any information, technical data, or know-how relating to research, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, marketing, finances, or other area which is designated in writing to be confidential or proprietary, or if given orally, is confirmed within seven (7) days in writing as having been disclosed as confidential or proprietary. Brikit and You agree not to use Confidential Information received by the other party for any purpose except to provide the Services. Neither party will disclose the Confidential Information of the other party to third parties, or to its employees unless required to provide the Service. Each party agrees that it will take all reasonable steps to protect the secrecy of, and avoid disclosure or use of, Confidential Information of the other party in order to prevent it from falling into the public domain or the possession of unauthorized persons. Each party agrees to notify the other party in writing of any misuse or misappropriation of the other party's Confidential Information which may come to its attention. Each party agrees that, in addition to any other remedies that may be available, the other party shall be entitled to obtain injunctive relief against the threatened breach of this section or the continuation of any such breach, without the necessity of proving actual damages. Any Confidential Information, including copies, which have been disclosed by the other party will be returned or destroyed within thirty (30) days after the completion of the Service, or at the written request of the disclosing party. Governing Law and ExclusionsApplicable Law |