PenK Software Terms and Conditions
Last Updated: 19 April 2019
Introduction

PenK Software offers a range of products and services to assist with productivity. What we refer to collectively as the “PenK Software Products” incorporates:

  • the automated processes PenK Software Inc. uses to enhance business or personal productivity;
  • all services PenK Software Inc. provides to its Partners;
  • the PenK Software Inc. website;
  • all PenK Software Inc. technology; and
  • any other services that PenK Software Inc. chooses to offer in the future;

PenK Software Products are provided on and in accordance with the terms and conditions outlined below (the “Terms and Conditions”) by PenK Software Inc., a limited company registered in Canada with its registered office at 300 - 1210 8th Street SW, Calgary, Alberta, Canada T2R 1L3 (“PenK Software”, “we” or “us”).

These Terms and Conditions are drafted with reference to Canadian law, which we believe provides an effective and business-friendly legal framework for PenK Software Inc., our Users and Partners.

Relationship with PenK Software Inc.

These Terms and Conditions apply to any use of PenK Software Products, and are binding on you from the time that we provide you with access to PenK Software Products. These Terms and Conditions are a legal agreement between you and PenK Software Inc. and govern your use of PenK Software Products.

By registering to use PenK Software Products you acknowledge that you have read and understood these Terms and Conditions and have the authority to act on behalf of any person for whom you are using PenK Software Products. If you do act on behalf of any other person when using PenK Software Products, you are deemed to have agreed to these Terms and Conditions on their behalf.

These Terms and Conditions will continue in effect until either you or PenK Software Inc. terminates them in the manner described below.

Definitions

"Account"

Account means the User or Partner (as applicable) account registered in your name or the business on whose behalf you sign up and to which we provide PenK Software Products.

"Administrative Users"

Administrative Users means users authorized to determine visibility of content created with PenK Software Apps and Tools.

"Confidential Information"

Confidential Information means any information of a confidential nature (regardless of whether or not such information is recorded in any physical, electronic or other media) concerning either you or us which is confidential, commercially sensitive and not in the public domain (whether or not marked confidential).

"Data and Items"

Data means any and all data or information that is uploaded to PenK Software Products or otherwise provided to PenK Software Inc., including attachments, invoices or other meeting related documents (together “Items”), together with any data or information extracted from such Items.

"Fees"

Fees means financial payments required to access PenK Software Products in accordance with the Subscription Plan you are on at any given time. PenK Software Inc. may vary the Fees from time to time, in accordance with these Terms and Conditions.

"Intellectual Property Rights"

Intellectual Property Rights means any patent, trade mark, service mark, database right, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

"Plans"

Plans means the payment plans for the PenK Software Products which outline:

  • the particular PenK Software Products to be provided to you;
  • the access limitations and restrictions that apply to PenK Software Products for which you have subscribed; and
  • the Fees payable and the frequency with which they must be paid.
As applicable, references to your “Plan” will mean the Plan to which you initially sign-up and any other Plan that you are migrated to, based on your usage of PenK Software Products, in accordance with these Terms and Conditions.

"PenK Software Inc. Technology"

PenK Software Inc. Technology means the proprietary technology and software (in both object code and source code form) that enable PenK Software Inc. to provide PenK Software Products, the Tools and any other services that PenK Software may from time to time make available, together with the Intellectual Property Rights in and to inventions, designs, information, know-how, specifications, formulae, data, processes, methods, techniques and other technology related thereto.

"Supported File Types"

Supported File Types means .PDF, .jpeg, .png, .doc, .docx, or any other file types that may be supported by PenK Software Products in the future.

"Tools"

Tools means collectively, all PenK Software Inc. websites, any PenK Software mobile and tablet applications, PenK Software’s email submission technology and any add-ons or software integrations that PenK Software may support or make available from time to time.

PenK Software Products

PenK Software Inc. grants you the right to use PenK Software Products via the Tools (the “Licence”). The type and extent of the rights and access you will get pursuant to the Licence will depend on the particular terms of the Plan that you are subscribed to.

The Licence is a non-exclusive, non-sublicensable, non-transferable, limited right to use the PenK Software Products only to the extent necessary to get the benefit of the Plan to which you are subscribed, for business purposes only.

Restrictions on your use of the PenK Software Products

PenK Software reserves all rights in and to the PenK Software Products that are not expressly granted in these Terms and Conditions. Nothing in these Terms and Conditions is intended to transfer any Intellectual Property Rights from PenK Software to Users. Title to any and all Intellectual Property Rights in or to the PenK Software Products and any documentation that relates to it or the PenK Software Products shall remain the property of PenK Software or the third party from whom it licenses such Intellectual Property Rights.

You agree that you shall not:

  • save as may be permitted under applicable law, copy, reproduce, modify, adapt, translate, prepare derivative works of, republish, upload, post, transmit, or distribute any PenK Software Products or any other Intellectual Property Rights in or to the PenK Software Products for any reason whatsoever;
  • save as may be permitted under applicable law, reverse assemble, decompile, reverse engineer or in any way derive or attempt to derive from the PenK Software Products any source code or the structure, sequence or organisation of such code;
  • use the PenK Software Products in any way that infringes another person’s Intellectual Property Rights;
  • use the PenK Software Products to upload, post, email, or otherwise transmit worms, viruses, or any other computer file, code, or program designed to disrupt, interrupt, limit, or disable any of the functionality of the PenK Software Products, or any hardware, or telecommunications equipment;
  • access (or try to access) and use any of the PenK Software Products through any interfaces not provided by PenK Software Inc. or by any automated means, including, but not limited to, scripts, robots, or web crawlers;
  • use the PenK Software Products to upload, post, transmit, store, or otherwise make available content that contains software viruses or any other computer code, files, or programs that could interrupt, destroy or limit the functionality of the computer software or hardware or telecommunications equipment of PenK Software Inc., its Users or Partners, service providers or its affiliates.
  • use the PenK Software Products to upload post, transmit, store, or otherwise make available content that is pornographic or otherwise explicit in nature (PenK Software Inc. reserves the right to remove any and all such content at its sole discretion);
  • use the PenK Software Products in any fashion which violates, or might reasonably be judged by PenK Software Inc. to violate, any local or foreign law or regulation; or

PenK Software Inc. will not be responsible, or liable, to any third party for the content or accuracy of any Data you upload to the PenK Software Products.

Data

Who owns the data?

Dealing with your Data transparently is of vital importance to PenK Software Inc.. The Data ownership position will be as outlined below:

QuestionAnswer
Who owns the Data? User
Who owns the Items? User
Who can delete the Data? User
Who can access and use the Data? User
Can PenK Software use the Data? Yes. Penk Software Inc. needs to be able to use and process the Data to provide functionality for Penk Software Products


How is the Data used?

In order to provide the PenK Software Products to Users and Partners, we need to use and store the Data. In addition, we may share or make available the Data to third parties that provide services to us; we will only allow such sharing of or access to Data to enable us to provide you with the PenK Software Products.

For as long as these Terms and Conditions apply, in order that we can provide the PenK Software Products to you, you grant us a non-exclusive, worldwide, fully sublicensable licence to use, process, transmit, copy and store (“Process ”) the Data. To the extent that any Data comprises personal data (as defined in the Data Protection Act 1998) or the EU General Data Protection Regulation (from 25th May 2018), PenK Software Inc. agrees that it will only Process such personal data outside the European Economic Area in the fashion described in the Privacy Policy. If and to the extent that, a Partner is the data controller of any personal data, in order to permit PenK Software Inc. to validate the transfer of such personal data to processors established in third countries which do not ensure an adequate level of data protection (“Non-EEA Processors”), such Partners hereby grant PenK Software Inc. an express mandate for the sole and exclusive purpose of authorising PenK Software to enter into the agreed form standard contractual clauses adopted pursuant to Commission Decision (2010/87/EU) in your name and on your behalf in respect of transfers to Non-EEA Processors. For the purposes of this section the phrase “by way of mandate” has the meaning given to it in Article 29 Data Protection Working Party publication 00070/2010/EN WP 176.

Partner Users acknowledge that any Data that they submit may be accessed, edited, extracted, modified, shared by the relevant Partner. This is necessary to allow Partners to provide advisory or support services that they provide to Partner Users.

Does PenK Software sell Data?

No. PenK Software Inc. does not sell Data to any third parties.

PenK Software Inc. acknowledges and agrees that it will only use PenK Software Data to provide the PenK Software Products in the fashion described in these Terms and Conditions.

What is PenK Software's policy towards data privacy and personal data?

PenK Software’s policies and procedures relating to personal information are described in its Privacy Policy, which can be found here https://www.penksoftware.com/privacy-policy (“Privacy Policy”).

The Privacy Policy explains how PenK Software handles and stores personal data and protects your privacy. Please read this Privacy Policy carefully. The Privacy Policy details how and why we may make available your Data to our service providers based outside the European Economic Area.

The Privacy Policy forms part of these Terms and Conditions and you agree to the use of your personal data in accordance with our Privacy Policy.

Third Party applications

If you have integrated any PenK Software Products with any third-party applications, you acknowledge that PenK Software Inc. can allow the providers of those third-party applications to access your Data. Allowing third parties access to your Data in this fashion is necessary to allow third‑party applications to integrate with the PenK Software Products.

You acknowledge that PenK Software Inc. shall not be responsible for any corruption, unauthorised disclosure, modification, loss or deletion of your Data that results from any such access by third‑party application providers.

To enable the integration of third-party applications with PenK Software Products, we may have to use certain pieces of software provided by the applicable third-party service provider. In some circumstances, PenK Software will be required to pay a fee to use such software integrations. If you choose to integrate any PenK Software Products with any third-party applications, we may require you to pay any charges for which PenK Software Inc. may become liable to enable the required integration, these charges will be in addition to the Fees.

Data retention when Account is closed

After cancellation or termination of these Terms and Conditions your access to your Account and the PenK Software Products will also terminate. This means you may no longer have access to any Data stored in your Account.

Following termination, unless you instruct us to delete them, PenK Software will aim to retain one (1) copy of each Item that you have created or submitted for a period of six (6) years following the relevant submission date. We take this step to assist you in complying with your recordkeeping obligations to local authorities.

Notwithstanding the above, we provide no guarantees that your submitted Items or any extracted Data will be retained by PenK Software Inc. following cancellation or termination of these Terms and Conditions, nor that you will comply with any of your obligations to local authorities. For this reason, we suggest you maintain your own copies of any Items submitted and any Data extracted to the fullest extent necessary to allow you to comply with all applicable recordkeeping obligations.

Backup your data

Although we take reasonable steps to ensure that your Data is kept secure (see the Security and Back Up section below), PenK Software shall not be liable for any deletion of, corruption of, or failure to store any Data or other content used in or maintained by PenK Software Products. Accordingly, you should create back up copies of all Data that your provide to all PenK Software Products.

Provision of the PenK Software Products

Subject to these Terms and Conditions, in particular your payment of the Fees, PenK Software Inc. shall provide the PenK Software Products to you in accordance with the terms of your current Plan. In order to make sure that you have the best experience using the PenK Software Products, PenK Software Inc. may sub‑contract or assign the provision of any and all of the PenK Software Products.

Changes to the PenK Software Products

PenK Software Inc. may amend these Terms and Conditions (including changing the nature or scope of the PenK Software Products) at any time. When we do change these Terms and Conditions, any additional or different terms shall be effective upon being posted on this page of PenK Software Inc.'s website located at https://www.penksoftware.com/terms-and-conditions/ or any successor website we notify to you. Your continued use and receipt of the PenK Software Products following the posting of variations to these Terms and Conditions constitutes your irrevocable acceptance of those additional or different terms.

If PenK Software Inc. deems it necessary to discontinue the PenK Software Products it provides due to the highly unlikely event of our closure, you will receive at least 7 days’ notice before your Account is closed.

Fees and Plans

Fees

Subject to the “Termination” provisions outlined below, Users and Partners shall pay the Fees to PenK Software Inc. as follows:

  • Monthly subscriptions: in advance on a recurring monthly basis.
  • Annual subscriptions: in advance during the month in which your subscription commences and on each subsequent anniversary of such month.


The Fees vary depending on the Plan to which you are currently subscribed, which may vary from time to time in accordance with these Terms and Conditions.

Unless otherwise expressly stated or agreed between you and PenK Software Inc. in writing, all prices are exclusive of taxes such as Goods and Services tax (GST/HST) or Value Added Taxes (VAT)

Plan Migration and excessive usage fees

Each Plan has a monthly limit on the number of Items you may create per year. We try to place you in the correct Plan based on your actual usage.

In order to ensure that the Plan you are on is the correct one for you based on actual usage of the PenK Software Products, we automatically migrate you between plans based on average usage over the previous twelve months. In practice this means that if you are on a Plan which is limited to 40 Items or fewer, but over the last twelve (or fewer) months you have created more than 40 Items, you are on the wrong Plan and we will move your subscription to a Plan that reflects that actual usage. For example, if your per month average judged against the last twelve months showed that 50 Items were created per year, we would move you to a Plan which would cover and permit that usage level. Equally, if you were on a Plan allowing for 425 Items or fewer a month, but your per month average judged against the last twelve months was 80 created items, we would move you down to a lower tier subcription plan.

In the event that item creation exceeds your current annual subscription limitations in a case where it may bump you into a far more expensive subscription plan, we may choose to invoice in chunks of 10 items created in excess of the annual plan's limits. This would only be necessary for cases where plan migration would incur a significant change in the annual subscription price (e.g. moving from a 'Pro' plan to an 'Enterprise' plan would not occur without consultation with you.)

You agree that PenK Software Inc. may migrate you between Plans in the fashion described above and that the Fees that you pay in respect of the PenK Software Products will vary based on the Plan that you are on from time to time.

Fee variation

In addition to the Plan migration described above, you agree that PenK Software Inc. may change the Fees for each particular Plan. In the event that the Fees for Plans are to be changed, PenK Software Inc. will give you advance notice of any such changes by sending an email to the address registered for your Account.

Submissions and Account Usage

Usage of an Account by more than one person without consent of the original User may result in termination of that Account without any refund of the Fees paid.

You acknowledge that PenK Software Inc. makes no guarantee whatsoever regarding processing time. PenK Software Inc. accepts no liability for loss, damage, or inconvenience resulting from delays in shipping or processing, or loss of or damage to Items during shipping or processing.

If you send in illegible Items they may not be processed correctly into your Account nor may it be associated correctly to an organizational unit tied to your account. You recognise that all Items may not be entered correctly into your Account, and that PenK Software Inc. does not guarantee proper tagging or data entry on submitted Items.

PenK Software Inc. does not guarantee the accuracy of automatically processed information.

If you submit Items with notes or other information on the back, those back sides may not be scanned or uploaded into your Account.

Security and Backup
Security

As long as you keep your password safe, PenK Software Inc. protects your Data so it can only be viewed and accessed by you and those who have been authorised to access it (including if applicable, Partners and Partner Users). PenK Software Inc. uses 256-bit Secure Socket Layer (SSL) encryption.

You agree to be responsible for keeping your passwords associated with your Account secret and secure. PenK Software may be able to help you retrieve lost passwords, but cannot guarantee to do so, and will not be held responsible or liable if it cannot locate or reset a lost password.

It is your responsibility to ensure that you review the content and form of any Items you upload to PenK Software Inc.'s Products or otherwise provide to PenK Software Inc..

Backup

To ensure that your Data remains accessible and secure throughout your use of PenK Software Products in accordance with these Terms and Conditions, PenK Software Inc. periodically creates backup copies of your Data in accordance with standard industry practices.
Content in the Services

PenK Software Inc. does not and cannot control what information is submitted to it via the Tools. We do not expect our Partners or Users to upload any objectionable, offensive or indecent content via the Tools. You acknowledge and agree that you are solely responsible any information that is created or submitted to all PenK Software Products and are responsible for any consequences of such actions.

You also understand that when using the PenK Software Products, you may come across material that you find objectionable, offensive or indecent and that you are using the PenK Software Products at your own risk.

Indemnity

You indemnify PenK Software Inc. from and against all claims, costs, damage and loss arising from your breach of these Terms and Conditions. This indemnity covers any costs relating to the recovery of any Fees that you have failed to pay in accordance with these Terms and Conditions.

Termination

You shall be deemed to have terminated these Terms and Conditions if:

  • you cancel your subscription to the PenK Software Products; or
  • you fail to pay any Fees due and payable for a renewal of the PenK Software Products.

These Terms and Conditions will continue for the period covered by the Fees paid for your Plan (a “Billing Period”). At the end of each Billing Period these Terms and Conditions will automatically renew for another period (if you pay the relevant Fees when due and payable) unless either party terminates these Terms and Conditions as follows:
  • in the case of an annual subscription, by providing no less than ninety (90) days written notice to PenK Software Inc. to expire prior to the commencement of the next annual Billing Period; or
  • in the case of a monthly subscription, by providing no less than fourteen (14) days written notice to the other party to expire prior to the commencement of the next monthly Billing Period

No refund will be given of any Fees you have already paid in advance in respect of a Billing Period upon termination of these Terms and Conditions prior to the expiry of that Billing Period. If these Terms and Conditions are terminated for any reason and any Fees that were payable prior to such termination are unpaid, you will be liable to pay all outstanding Fees to PenK Software Inc.. Without prejudice to its other rights and remedies, PenK Software Inc. may, on notice to you, terminate these Terms and Conditions with immediate effect if you:

  • commit a material breach of these Terms and Conditions and, in the case of any breach which can be remedied, fail to remedy that breach within (14) fourteen days of a notice from us requiring such remedy; or
  • You or your business become insolvent or your business goes into liquidation or has a receiver or manager appointed of any of its assets or if you become bankrupt, or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

Failure by you to pay any Fees due to us by the date on which such payment is due shall constitute a material breach of these Terms and Conditions.

Without prejudice to its other rights and remedies, PenK Software Inc. may terminate these Terms and Conditions and close your Account at the end of any Billing Period.

Warranty disclaimer and Limitation of Liability

You acknowledge that the PenK Software Products are provided on an “as is” and “as available” basis. PenK Software Inc. makes no representations, warranties or conditions of any kind, express or implied, with respect to the PenK Software Products, including, without limitation, any warranty that PenK Software Products will:

  • be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  • meet your requirements or expectations;
  • be free from errors or that defects will be corrected; or
  • be free of viruses or other harmful components.

To the fullest extent permitted by applicable law, PenK Software Inc. expressly disclaims all implied warranties or conditions including, without limitation, warranties and conditions of satisfactory quality, fitness for purpose and non-infringement.

You acknowledge and agree that, PenK Software Inc. shall not be liable for any losses or claims whatsoever relating to:
  • any permanent or temporary restrictions or cessations of the Service;
  • any deletion of, corruption of, or failure to store any Data or other content used in or maintained by the PenK Software Products;
  • your failure to apply correct visibility permissions for all content created by PenK Software products and associated to your Account.
  • your failure to provide correct, accurate, and up-to-date account information; or
  • your failure to keep your password and account information secure.

Nothing in these Terms and Conditions limits or excludes PenK Software Inc.’s liability for:
  • death or personal injury caused by its negligence;
  • fraud or fraudulent misrepresentation; or
  • any other act, omission, or liability which may not be limited or excluded by applicable law.

Subject to the above, PenK Software Inc.’s total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions shall be limited, in respect of all claims (connected or unconnected) to the lower of:
  • total Fees paid or payable by you in the previous twelve month period;
  • $30000 ($CAD)

You acknowledge that the PenK Software Products do not constitute financial or legal advice.

You remain wholly responsible for your compliance with all filings and reporting requirements in relation to all requirements or duties imposed on you under applicable law.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Disputes

In the event that any dispute arises between the parties, you and PenK Software Inc. each agree to enter into good faith discussions to resolve that dispute within a period of 14 days from one party's notification to the other that such dispute has arisen (the "Dispute Resolution Period"). In the event that no resolution to the dispute can be mutually agreed by the parties (each acting reasonably) during the Dispute Resolution Period, both you and PenK Software Inc. will have the right, but not the obligation, to terminate these Terms and Conditions with immediate effect on written notice to the other, provided always that such notice must be served within a further 7-day period starting on the day immediately following the final day of the Dispute Resolution Period.

Nothing in this section shall prejudice either party's other rights to terminate outlined elsewhere in these Terms and Conditions – including the right to terminate these Terms and Conditions to prevent their automatic renewal on expiry of a Billing Period. In addition, nothing in this section will at any time while a dispute is being discussed by you and PenK Software Inc. restrict either party’s freedom to obtain emergency injunctive relief, commence legal proceedings to preserve any legal right or remedy or to protect confidentiality or any intellectual property or trade secret right or to prevent or limit breaches of law governing its business.

Consultancy Services

We may, from time to time, agree to provide certain consultancy services to you, including, but not limited to, training and marketing and team productivity advice and support (“Consultancy Services”). The provision of any such Consultancy Services will be subject to a separate Consultancy Services Agreement describing the services we agree to supply, the timetable for their performance, fees, payment terms and any related matters.

General

Confidentiality We may, from time to time, agree to provide certain consultancy services to you, including, but not limited to, training and marketing and team productivity advice and support (“Consultancy Services”). The provision of any such Consultancy Services will be subject to a separate Consultancy Services Agreement describing the services we agree to supply, the timetable for their performance, fees, payment terms and any related matters.

Each party may disclose the other's Confidential Information:

  • to its employees, officers, representatives, service providers, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under these Terms and Conditions, provided always that such recipients shall be made aware of the confidential nature of the Confidential Information they receive and shall agree to reasonable confidentiality undertakings to protect such Confidential Information;
  • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; or
  • as described in the Privacy Policy.
Neither party shall use the other party’s Confidential Information for any purpose other than to perform its obligations under these Terms and Conditions.

Force Majeure

PenK Software Inc. shall not have any liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, act of terrorism, war, explosion, embargo, strike, labour or material shortage, transportation interruption of any kind, work slowdown or any other event or condition beyond its control.

Applicable Law and Jurisdiction

These Terms and Conditions and all matters arising from them (including, without limitation, any dispute relating to the existence, validity or termination of these Terms and Conditions or any contractual or non-contractual obligation) shall be governed by, and construed in accordance with Canadian law. In relation to any legal action or proceedings to enforce these Terms and Conditions or arising out of or in connection with these Terms and Conditions (including, without limitation, any dispute relating to the existence, validity or termination of these Terms and Conditions or any contractual or non-contractual obligation) (“Proceedings”) each of the Parties irrevocably submits to the exclusive jurisdiction of the courts of Canada and waives any objection to Proceedings in such courts on the grounds of venue or on the grounds that the Proceedings have been brought in an inappropriate forum provided that a judgment or order of any court may be enforced in any court of competent jurisdiction.

Entire Agreement

These Terms and Conditions, together with any webpages, documents or policies incorporated by reference hereinto, constitute the entire agreement and understanding between you and PenK Software Inc. relating to the matters contemplated by these Terms and Conditions and supersedes all previous agreements (if any and whether in writing or not) between you and us in relation to such matters. The parties acknowledge and agree that, except as otherwise expressly provided for in these Terms and Conditions, they are not entering into these Terms and Conditions on the basis of, and are not relying on and have not relied on, any statement, representation, warranty or other provision (in any case whether oral, written, expressed or implied) made, given, or agreed to by any person (whether a party to these Terms and Conditions or not) in relation to the subject matter of these Terms and Conditions, provided that nothing in these Terms and Conditions shall exclude any party from liability for fraud or fraudulent misrepresentation..

Assignment

You shall not assign any rights or obligations under these Terms and Conditions without PenK Software Inc.’s prior written consent (such consent not to be unreasonably withheld) and any unauthorised assignment shall be null and void.

Notices

Notices to PenK Software Inc. must be sent to support@penksoftware.com or to any other email address notified to you by us. We will send notices to you to at the current email address on your Account.

Waiver

Except as otherwise provided in these Terms and Conditions, a waiver of any right or remedy under these Terms and Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.

Severability

If any provision or part-provision of these Terms and Conditions shall be held to be invalid, illegal, void or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.

Independent Contractors

The parties agree that they are each independent contractors and nothing in these Terms and Conditions will be deemed to establish a joint venture, partnership, agency or employment relationship between the parties. Neither party shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any other contract, agreement or undertaking with any third party.

Third party rights

Other than Partners, in respect of Partner Users, a person who is not a party to these Terms and Conditions has no right to benefit under or to enforce any term of these Terms and Conditions.

Trademark notice

"Minite Maker" and the Minite Maker logo are registered trademarks of PenK Software Inc.. "PenK Software" and the PenK Software logo are registered trademarks of PenK Software Inc..

Contact Us

To contact us, please email: support@penksoftware.com

Thank you for choosing to use PenK Software applications. We look forward to reducing the amount of time wasted in your organization.


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