Agreement between Client and OneTapConnect Card
The OneTapConnect.com website (the “Site”) is comprised of various web pages operated by C4 Promotions, LLC (“OneTapConnect Card”). OneTapConnect Card is offered to Client (the client) conditioned on Client’s acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Client’s use of OneTapConnect Card constitutes Client agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
This Development Agreement (this “Agreement”) is made effective as of the purchase date of Client’s One Tap Connect Card, by and between Client (the “Client”), and C4 PROMOTIONS, LLC (the “Developer”) In this Agreement, the Client shall be referred to as “Client”, and the Developer shall be referred to as “One Tap Connect Card”.
WHEREAS, One Tap Connect Card possesses expertise in the field of computer programming and, in particular, the creation, design, and development of Digital Business Cards and Mobile website technology; and
WHEREAS, Client desires to engage One Tap Connect Card, and One Tap Connect Card accepts the engagement, to design a Mobile Website (the “Application”) in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, Client and One Tap Connect Card agree as follows:
Description of Services
One Tap Connect Card will provide the following services connected with the development of the Digital Card/Mobile Website (collectively, the “Services”):
Create, design, and deliver a custom-branded digital card/ mobile website with all clients contact information including but not limited to phone numbers, email, social media links, client bio, calendar link, video, and written testimonials, photos, logo, and other marketing assets provided by the client. The Client will also receive a physical One Tap Connect NFC Smart Card to transfer their information to another mobile phone. The One Tap Connect Smart Card works on any Apple iPhone 10 plus or above and newer Andriod mobile device. Included are web hosting services for one year that begin on the delivery date of the Client’s OneTapConnect Card.
Payment for Services
In consideration of the Services to be performed by One Tap Connect Card, the Client has submitted payment to One Tap Connect Card for the Services due as follows:
The Client’s payment includes a fully designed OneTapConnect Card with one year of hosting services included.
The Client understands and agrees that web hosting services are required after the completion of
the Client’s first year of service. Thereafter, the client agrees to pay One Tap Connect Card’s hosting fee of $99 annually. This fee will also include maintenance and potential upgrades to the OneTapConnect Card.
This fee will also include maintenance and potential upgrades to the OneTapConnect Card. This fee will be automatically charged to the Client for renewal of Services unless the Client cancels Services 30 days prior to the renewal date.
Any additional services not specified in the Description of Services, above, will be charged to the Client on an hourly rate basis at One Tap Connect Card’s standard rate.
“User” Anyone engaged in delivering or receiving the Application through their mobile device or via the world wide web.
“ Application” – a mobile application designed to dispatch OneTapConnect Card- a digital business card/mobile website, which must be downloaded to the Client’s mobile device, and will allow the business card to be automatically dispatched through a SMS/MMS to the phone device of the caller to the User via the Users’ mobile device and cellular services which the User is subscribed to.
” Tap Card” – an NFC business card programmed by OneTapConnect Card for the Client or user to transfer contact information to an iPhone 10 Plus or above or a newer Andriod mobile phone device.
“QR Code” a readable code consisting of an array of black and white squares, typically used for storing URLs or other information for reading by the camera on a smartphone. ( used to transfer User contact info on older iPhones and Android mobile devices.)
”Delivery” – means the transfer of the User’s contact information through the Application.
”Design Materials” means the materials transferred by the Client to the OneTapConnect Card for the formation of the digital business card/mobile website, including personal details, contact information, videos, and images.
“The Order” a paid transaction by the Client to OneTapConnect Card for Services.
”Device” – the User’s mobile telephone.
The Client agrees to cooperate with OneTapConnect Card and submit all Design Materials in a timely fashion. Client grants OneTapConnect Card permission to obtain any Client Design Materials from Client’s Websites, Social Media or other public information outlets that are relevant to creating and designing the Client’s Application.
It is the responsibility of the Client to own at their expense a Device operating on one of the latest Android operating system versions, and to connect the Device to a proper cellular network service including SMS/MMS and data services. All liabilities and expenses involved in purchasing the device and receiving the telecommunication services are the sole responsibility of Client.
The Client is aware that other mobile phone applications and changes in the Device settings may impair the Delivery.
OneTapConnect Card cannot guarantee the Delivery nor the receipt of the Tap Card by the recipient, and OneTapConnect Card does not have any control over the Clients’ Device, the mobile services, nor the recipient’s/Users’ device.
The initial Order paid by the Clients is a one-time fee for the creation and design of the Application. It is the Client’s responsibility to renew the service term prior to its termination, by making payments toOneTapConnect Card.
Any change in the Application requested by the Client must be submitted to the OneTapConnect Card at least 3 days before the Delivery begins. The Client will pay for the changes in the Card as speciï¬ed in the Order or the latest OneTapConnect Card price list, whichever is the latter.
Mobile Website Design Materials
The Client warrants that all the Design Materials, including web links, are the Client’s real contact information, and that they and their Delivery through the Application and their receipt by the recipient do not violate any law, do not create misrepresentation, do not misleading, and they are not: threatening, defamatory or libelous, obscene, connected to any illegal activity, or may constitute grounds for criminal or civil proceedings, or constitute something which the Client is not permitted to send, and that they comply with all laws pertaining to the display of minors images, as far as minors images appear in the Card.
The Client undertakes: that he has all the permissions, licenses, consents in accordance with intellectual property laws and any other law relevant to use in the Design Materials through the Application after taking into account all its performances and characteristics, and that he has paid all the payments required to make this use, or that he will make the payments on the designated dates agreed with the rights holders or anyone on their behalf.
The Client declares that he eligible make the Delivery and that the contact details within the Design Materials are true with regard to the Device holder. The Client undertakes that the Design Materials are in a good visual level and in the formats supported by the Application.
The Client must make available to the oneTapConnect Card all the Design Materials at least 3 working days before the Delivery begins. OneTapConnect Card may refrain from executing the Delivery or require changes in the Application, if in its opinion the Design Materials are incompatible with the OneTapConnect Card’s systems, or do not comply with its policy or are of a poor standard, or are incompatible with any other provision of this Order.
The use of the Design Materials by the OneTapConnect Card does not create any representation by the OneTapConnect Card regarding the legality of the Design Materials, their use for the creation of the card, and its Delivery and does not relieve the Client from being solely responsible for any non-compliance with the law pertaining the Design Materials and their use.
If the Client fails to supply all proper Design Materials in a timely manner to the OneTapConnect Card, it will not delay the beginning of the service term and will not constitute a ground for payment reduction or refund.
The Client will not make any changes in the Design Materials after they have been approved by the OneTapConnect Card, without the prior approval of OneTapConnect Card.
OneTapConnect Card is not responsible for the compatibility of the card with any mobile screen type or operating system or SMS application.
Timing and Deliverables
The estimated term for the design of the card is 5 business days from the date the Client has delivered the Design Materials to the OneTapConnect Card unless the OneTapConnect Card has postponed the formation date by notice to the Client.
OneTapConnect Card shall not be liable for any delay in the performance of his duties as a result of a reason beyond his control,
The service term shall start on the date the Digital Card was designed, formed, and delivered to the Client via text or email to start using the Services digitally. The Tap Card will be sent to Client via US Mail or UPS to the shipping address provided by Client. Receipt of the Tap Card does not constitute the start of Client’s service term.
OneTap Connect Card warrants that the Tap Card will substantially function in conformance with their written specifications, except where any non-conformance arises from (a) ordinary wear-and-tear, or (b) your failure to comply with these Terms (the “Limited Warranty”). This Limited Warranty will go into effect with respect to the Tap Card as of the date such Product is purchased and up until: (a) the date that is Twelve (12) months after the date such Product is purchased, (b) your breach or violation of any obligation or restriction under these Terms, or (c) your disassembly or modification of the Tap Catd without OneTapConnect Card’s prior written consent (the “Warranty Period”). The Limited Warranty excludes damage resulting from abuse, accident, modifications, unauthorized repairs, or other causes that are not defects in materials and workmanship.
If a defect arises during the Warranty Period, OnetapConnnect Card, at its option, will exchange the Tao Card with a new Tap or with a used Product of equivalent functionality. To the fullest extent permitted by law, the foregoing constitute your sole remedies in connection with any breach or violation of the Limited Warranty.
Visiting OneTapConnect.com or sending emails to OneTapConnect.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Eighteen
OneTapConnect Card does not knowingly collect, either online or offline, personal information from persons under the age of Eighteen. If you are under 18, you may use onetapconnect.com only with the permission of a parent or guardian.
Upon the start, formation, and creation of services purchased, all sales are final and no refund will be issued except where prohibited by law.
Links to Third Party Sites/Third Party Services
OneTapConnect Card may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of OneTapConnect.com and OneTapConnect.com is not responsible for the content of OneTapConnect Card or any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OneTapConnect Card is providing these links to the Client only as a convenience, and the inclusion of any link does not imply endorsement by OneTapConnect.com of the site or any association with its operators.
Certain services made available via OneTapConnect Card are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the onetapconnect.com domain, you hereby acknowledge and consent that OneTapConnect.com may share such information and data with any third party with whom OneTapConnect.com has a contractual relationship to provide the requested product, service, or functionality on behalf of OneTapConnect Card users and Clients.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of OneTapConnect Card or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. OneTapConnect.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of OneTapConnect.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of OneTapConnect Card or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The OneTapConnect Card may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
OneTapConnect Card has no obligation to monitor the Communication Services. However, OneTapConnect.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. OneTapConnect.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
OneTapConnect Card reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OneTapConnect.com’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. OneTapConnect Card does not control or endorse the content, messages or information found in any Communication Service and, therefore, OneTapConnect Card specifically disclaims any liability with regard to the Communication Services and any act resulting from Client participation in any Communication Service. Managers and hosts are not authorized OneTapConnect Card spokespersons, and their views do not necessarily reflect those of OneTapConnect Card
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. The Client is responsible for adhering to such limitations if you upload the materials.
Materials Provided to OneTapConnect Card or Posted on Any OneTapConnect Card Web Page
OneTapConnect Card does not claim ownership of the materials Client provides to OneTapConnect Card (including feedback and suggestions) or post, upload, input or submit to any OneTapConnect Card Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting OneTapConnect Card, our affiliated companies, and necessary sublicensees permission to use Client Submission in connection with the operation of Client’s Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish Client’s name in connection with Client’s Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. OneTapConnect Card is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in OneTapConnect Card sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
Client will be able to connect their OneTapConnect Card account to third-party accounts. By connecting your OneTapConnect Card account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated, and administered by OneTapConnect Card from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the OneTapConnect Card content accessed through onetapconnect.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Client agrees to indemnify, defend and hold harmless OneTapConnect Card, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. OneTapConnect Card reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Client in which event Client will fully cooperate with OneTapConnect Card in asserting any available defenses.
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both Client and OneTapConnect Card agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. C4 PROMOTIONS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
C4 PROMOTIONS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. C4 PROMOTIONS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
OneTapConnect Card reserves the right, in its sole discretion, to terminate Client access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Client agrees that no joint venture, partnership, employment, or agency relationship exists between you and OneTapConnect Card as a result of this agreement or use of the Site. OneTapConnect Card’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OneTapConnect Card’s right to comply with governmental, court and law enforcement requests or requirements relating to the Client’s use of the Site or information provided to or gathered by OneTapConnect Card with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the Client and OneTapConnect Card with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OneTapConnect Card with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
OneTapConnect Card reserves the right, in its sole discretion, to change the Terms under which OneTapConnect Card is offered. The most current version of the Terms will supersede all previous versions. OneTapConnect Card encourages Client to periodically review the Terms to stay informed of our updates.
OneTapConnect Card welcomes your questions or comments regarding the Terms:
Effective as of June 30, 2021
Updated September 6, 2021