TrainingLink™ Subscription Agreement
This DKF Solutions Group Subscription Agreement [“Agreement”] is made as of the date of purchase of subscription by and between:
DKF Solutions Group, LLC, 170 Dogwood Lane, Vallejo, CA 94591
[hereinafter “DKF” or, sometimes, “Service Provider”] on the one hand; and the subscribing entity [hereinafter “Subscriber”] on the other hand.
1. Services Provided.
For and in consideration of monthly or annual subscription fees hereinafter specified, Subscriber[s] shall be entitled to the following service:
Live online 15-30 minute trainings every two weeks on safety topics related to the following industries provided by instructors with knowledge, experience and expertise in Cal/OSHA compliance and general principles of safety:
Water Treatment and Distribution
Wastewater Treatment and Collection
DKF exclusively owns all rights, title and interest in and to TrainingLinkTM including rights to all Intellectual Property therein or relating thereto. Unless expressly agreed to in writing by the Parties, DKF shall also exclusively own all rights, title and interest in and to any enhancements, customizations or modifications to the subscription services that DKF develops (or has developed) pursuant to this Agreement, including all rights to Intellectual Property therein or relating thereto.
[When used herein, the term “Intellectual Property ” means patents, patent applications, trademarks, copyrights, copyrightable materials, trade secrets, and any other similar intellectual or proprietary rights related to or embodied in the work product and other documentation developed by DKF.]
3. Fees and Payments.
Subscription Fees: Subscription service fee to TrainingLinkTM for up to 50 employees is $99 per month. There is a 15% discount for annual subscriptions paid in advance. Payment will be charged to a credit card each month for a monthly subscription, or each year for an annual subscription, starting from the subscription date regardless of the date of the first training.
Payment by Invoice. Annual subscriptions are eligible to be invoiced. Contact Kay Patzer at email@example.com with your contact information, billing address, and PO number (if applicable). Subscriber agrees to pay within thirty (30) days of receipt of the invoice.
One set of log in credentials will be provided to the Subscriber for use by all employees. Up to 50 of the Subscriber’s employees may attend each training. All attendees using the same log in must be from the Subscribing Entity. Log ins will be monitored and the subscription may be terminated if more than 50 employees log in or if the log in credentials are used by anyone other than the Subscriber’s employees. In that case the subscription fees would not be refunded in whole or in part.
NOTE: FAILURE TO MAINTAIN TIMELY PAYMENT OF MONTHLY SUBSCRIPTION FEES WILL RESULT IN THE SUSPENSION OF DKF SERVICES, AND FAILURE TO BRING ALL DELINQUENT FEE PAYMENTS CURRENT WITHIN TEN (10) DAYS OF NOTICE FROM DKF MAY RESULT IN THE TERMINATION OF THIS SUBSCRIPTION AND DKF SERVICES HEREUNDER.
5. Limitation of Remedies.
Subscriber agrees that its sole remedy against DKF for breach of contract or promise, or for any other harm or damage allegedly arising out of or relating to this Agreement shall be to cancel this Agreement. Subscriber also acknowledges and agrees that the information provided to it by DKF does not constitute legal advice, and Subscriber should obtain any such advice on issues such as workplace safety and compliance from its own legal counsel.
6. Governing Law/Severability.
This Agreement shall be governed and interpreted in accordance with the laws of the State of California. In the event that a court having jurisdiction finds that any of the provisions of this Agreement are unenforceable or invalid, the remaining provisions shall stay in effect, and the parties will give full effect to the intent of the provisions held to be enforceable and valid, unless the invalid provisions relate to the obligation to pay fees, in which event DKF may cancel this Agreement and refund all moneys not due as of the cancellation date.
Subscriber may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without DKF’s express prior written consent. Any attempt to assign or transfer this Agreement, without such consent, will be null and of no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns.
8. Entire Agreement.
This Subscription Agreement contains the sole agreement, and supersedes any prior understandings or written agreements, between the parties related to its subject matter, and Subscriber agrees that in entering into this Agreement it has not acted in reliance upon any spoken or other agreements, promises or representations made by or on behalf of DKF not reflected herein. This Agreement may be amended only by a written agreement signed by an officer of DKF.
Subscriber may cancel their invoiced subscription at any time by notifying DKF in writing 30 days ahead of the desired cancellation date. Automatic credit card subscription payment are refundable only if cancelled within 3 days of the date of payment.
DKF may be contacted by mail at DKF Solutions Group, LLC, 170 Dogwood Lane, Vallejo, CA 94591or by email at dkf at dkfsolutions dot com.