Terms and Conditions
This website: www.myopenconnect.com is a copyrighted work, belonging to owners of My Open Connect. Any type of changes can be implemented anytime so you are requested to read the terms and conditions every time you use our site.
The "Agreement") is entered into and effective as of the day you click “AGREE” on the website www.myopenconnect.com (the “Effective Date”) by and between MyOpenConnect and you, or the company or entity you represent ("Client" or “You”).
PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE CLICKING “AGREE” OR PURCHASING SERVICES, INSTALLING, OR USING THE SOFTWARE SERVICES DEFINED BELOW. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND MYOPENCONNECT AND SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SOFTWARE SERVICES. BY CLICKING “AGREE” OR BY USING THE SOFTWARE SERVICES, YOU ACCEPT AND AGREE TO ABIDE BY THESE TERMS AND CONDITIONS AS PRESENTED TO YOU.
MYOPENCONNECT HAS COMPLETE DISCRETION TO UPDATE AND CHANGE THE SOFTWARE SERVICES AGREEMENT FROM TIME TO TIME AND TO CHANGE THE SCOPE OR FEATURES OF THE SOFTWARE SERVICES FROM TIME TO TIME. MYOPENCONNECT MAY MAKE SUCH CHANGES WITHOUT NOTICE. IF YOU CONTINUE TO USE THE SOFTWARE SERVICES AFTER ANY SUCH CHANGES, WITH OR WITHOUT NOTICE, YOU WILL BE CONSIDERED TO HAVE CONSENTED TO THEM.
Terms of Services
Software Services Provided
MyOpenConnect shall provide certain software services (the “Software Services”), which may include original authorship of software, code, website, or any other derivative work created by and for Client/You.
MyOpenConnect hereby grants to Client the rights of ownership of a copy of the software, code, website, and/or derivative work, and agrees that You waive any rights against MyOpenConnect for any claims of copyright infringement, patent infringement, or trademark infringement, whether known or unknown, from now and into the future, that may result from the creation of any software, code, or website, and the derivative works created; and specifically grants to MyOpenConnect the right create substantially similar works in the future. The purpose of this paragraph is to acknowledge that MyOpenConnect may have use in the future for some, all, or parts of the work created by MyOpenConnect under this agreement in compiling a database of software, and in creating templates, and derivative works. MyOpenConnect acknowledges that pre-existing software uploaded by You and provided to MyOpenConnect remains the sole property of You/Client.
For Software Services provided to You/Client during the working process, MyOpenConnect grants to You/Client an unlimited, and non-exclusive, royalty-free license to use the work created as a result of the Software Services for the contracted for purpose. Notwithstanding any other provision contained herein, Software Services provided pursuant to this agreement are proved to Client “AS IS” without indemnification, support, or warranty of any kind, express or implied.
Client’s Obligations; License Restrictions
Client will be responsible for full compliance with this Agreement, and for the acts of any Authorized User it selects; and will be solely responsible for any materials submitted to MyOpenConnect, and warrants that You have the legal right to make, use, provide, copy, create derivative works, publicly display, and or otherwise exploit for the purpose of You, any of the materials submitted. You agree not use the Software Services to produce, store, display or transmit infringing material or to produce, store, display or transmit material in violation of third intellectual property rights.
Fees & Payment
Client’s Obligations; License Restrictions. Once payment is made, all orders placed will be considered final. Fees will be due and payable as instructed and set forth on the web site listed fee schedule. Any changes in fees will be posted on the website and included on the fee schedule. He fee schedule shall state the fee, the rate, and the scope of the work to be performed. Any services purchased shall be performed at the price on which the agreement and purchase was made. Any subsequent or additional services provided after the initial purchase shall be at the current posted rate at the time of the purchase of subsequent or additional services and/or hours purchased. All payments made under this Agreement are non-refundable, and if a credit card is used, not eligible for a charge-back or cancellation. You agree that this Agreement is based on work performed and hours spent in producing the work performed. MyOpenConnect makes no guarantee or warranty that the services provided serve any particular purpose or use. MyOpenConnect shall collect any taxes required or applicable at the time of purchase and are included in the purchase price.
Term & Termination
Term. You agree to purchase software services by the hour, and the services offered by MyOpenConnect are for hourly software services, which shall comply with the DEFINE SERVICES. This Agreement commences on the date the purchase is made, and the time required to perform the requested function shall at a reasonable time thereafter. All time records shall be kept by MyOpenConnect and shall be available to you through the website. DEFINE HOW TO ESTIMATE TIME. Effective Date and will continue until the end of the period specified in the applicable quote or order form for the Software Services (the “Initial Service Term”) and shall be automatically renewed for additional terms of the same duration as the Initial Service Term (each, a “Renewal Term”, collectively with the Initial Service Term, the “Term”).
MyOpenConnect has the right to terminate this agreement if it is deemed that You have violated the intellectual property rights of others, or that You are not authorized to e the submitted materials, or to authorize MyOpenConnect to use the materials. In the event of termination, you waive any right to a refund for work unperformed.
Client Information and Uploads
Client agrees that it is responsible for maintaining and protecting backups of all information and materials directly or indirectly processed using the Software Services and that MyOpenConnect is not responsible for the failure to store, the loss, or the corruption of these materials.
Except for the limited rights expressly granted Section 1, Client acknowledges and agrees that, as between Client and MyOpenConnect, all right, title and interest, including all copyright, trademark, patent, trade secret, intellectual property (including but not limited to algorithms and business processes) and other proprietary rights, arising out of or relating to the provision of the Software Services belong exclusively to Client, though MyOpenConnect reserves the rights to make, use, and create derivative or new works. MyOpenConnect is hereby granted a royalty-free, fully-paid, worldwide, non-exclusive, transferable, sub-licensable, irrevocable and perpetual license to use or incorporate into its products and services any software, code, display, information, data, work created for or by Client or its Authorized Users relating to the Software Services. MyOpenConnect reserves all rights not expressly granted under this Agreement.
MyOpenConnect does not warrant that the Software Services will meet all of Client’s requirements or that use of the Software Services will be complete, free of error, usable, or secure. Each party warrants that: it has the necessary corporate power and authority to enter into and perform this Agreement; this Agreement does not and will not conflict with any other agreement or understanding to which such party is a party or by which it is bound; and the person signing this Agreement on such party’s behalf has been duly authorized to enter into this Agreement.
THE SOFTWARE SERVICES, ANY DOCUMENTATION AND ALL OTHER PRODUCTS AND SERVICES, INCLUDING THIRD PARTY HOSTING SERVICES, PROVIDED HEREUNDER ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. MYOPENCONNECT HEREBY DISCLAIMS, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MYOPENCONNECT SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION, VALUE OR QUALITIES OF ANY SERVICES, INFORMATION OR MATERIALS PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WHETHER ANY SUCH SERVICES, INFORMATION OR MATERIALS WILL BE COMPLETE, SECURE, CORRECT, OR NON-INFRINGING, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY AS TO THE WORKMANSHIP THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, INCLUDING ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. MYOPENCONNECT ALSO SPECIFICALLY DISCLAIMS RESPONSIBILITY OF THIRD PARTY PRODUCTS AND SERVICES WITH WHICH CLIENT MAY UTILIZE AS PART OF THE SOFTWARE SERVICES, AND CLIENT SPECIFICALLY DISCLAIMS AND WAIVES ANY RIGHTS AND CLAIMS CLIENT MAY HAVE AGAINST MYOPENCONNECT WITH RESPECT TO SUCH THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limit of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYOPENCONNECT OR ITS AFFILIATED ENTITIES HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SOFTWARE SERVICES OR ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, DAMAGE TO ANY MATERIALS UPLOADED OR CREATED, LOSS OF GOODWILL, LOSS OF WORK CONTINUITY, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER DAMAGES OR LOSSES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE CASUE OF ACTION.
Intellectual Property Indemnification
MyOpenConnect will indemnify and hold Client harmless from any third party claim brought against Client that the Software Services, as provided by MyOpenConnect to Client under this Agreement and used or distributed within the scope of this Agreement, infringes or
misappropriates any U.S. patent, copyright, trademark, trade secret, or other intellectual property rights of a third party, provided that the use of the Software Services by Client is in conformity with the Agreement, that the infringement is not caused by modification or alteration of the Software Services provided, and/or the infringement was not caused by a combination or use of the Software Services with products not supplied by MyOpenConnect. MyOpenConnect indemnification obligations are contingent upon Client: (i) promptly notifying MyOpenConnect in writing of the claim; (ii) granting MyOpenConnect sole control of the selection of counsel, defense, and settlement of the claim; and (iii) providing MyOpenConnect with reasonable assistance, information and authority required for the defense and settlement of the claim. This Section states MyOpenConnect’s entire liability (and shall be Client’s sole and exclusive remedy) with respect to indemnification to Client. Client shall indemnify MyOpenConnect from any claims made against it resulting from any Software Services provided on, associated with, related to materials that were uploaded by You.
Relationship of the Parties. The parties are independent of each other. This Agreement does not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship between the parties. Nothing in this Agreement creates an exclusive relationship or in any way prevents MyOpenConnect from entering into similar arrangements with or providing similar services to other entities, including, without limitation, other similar customers. Client understands and acknowledges that MyOpenConnect is free to use some or all of the data, information, techniques, methodologies, forms, layouts or results of any of the products or services provided by MyOpenConnect hereunder in providing products or services to other customers and nothing in this Agreement shall be construed to limit MyOpenConnect’s right to do so.
Third Party Services.
If the Client uses any third party service with the Software Services (including services that may use any application programming interface (API) provided by MyOpenConnect), the Client acknowledges that the third party service may access or use the customer’s information. MyOpenConnect will not be responsible for any act or omission of the third party, including such third party’s use of the customer’s information. The Client agrees to contact the third party service provider for any issues arising from the Client’s use of the third party service.
Compliance with Applicable Laws
The Software Services are protected by intellectual property laws and other laws of the United States and international laws and treaties. You agree to use the Software Services and to perform all obligations under this Agreement in a manner that complies with all applicable laws,
including laws related to use of, and creation of intellectual property.
This Agreement constitutes the final, complete and exclusive agreement among the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether in written, oral, electronic, or other form, relating to the subject matter hereof. Notwithstanding the foregoing, Any terms and conditions appearing on a work or purchase order are incorporated into this Agreement, and are deemed a part of this Agreement, but do not take any precedence or preclude any other terms hereunder from being enforced.
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. The waiver of any breach or provision of this Agreement will not be deemed a waiver of any different or subsequent breach.
Governing Law; Venue
This Agreement is governed by and will be construed under Florida law, and all actions arising out of or relating to this Agreement will be heard and determined exclusively by an appropriate state or federal court located in Miami-Dade County, Florida and the parties hereby consent to and waive any objections with respect to such jurisdiction and venue. You agree to waive any right of service of process, and agree that service of process shall be by registered US mail.
The provisions of this Agreement are severable. In the event that any provision or portion thereof is found by any court to be invalid or otherwise unenforceable, the remainder of this Agreement will not be affected, and the parties consent to such court’s substitution of a valid and enforceable term that approximates the intent and effect of such invalid or unenforceable provision or portion.
My Open Connect attempts to connect customers (those who are looking for development services) with the developers (those who work on the development project for the customers). Customers can post their project details and get work done by the developer of their choice. The developer who takes up the project needs to complete the project as per the requirements of the project or the guidelines specified by the customer. Customers can create a project on the site by describing the project as explicitly as they want to. My Open Connect recommends that the customers should explain about their business, scope of the project and other necessary details that can help the developer better understand and work on the project. Once the details are posted and the work is started, the details or requirements should not be changed. Customers can do so however by posting another project on the site.
The customers who take development services and the developer(s) who provide development services via our site acknowledge and agree that My Open Connect has the right to receive a substantial portion of the compensation in form of a fee for making or keeping the site active and for providing the platform for customers and developers to get connected for work. Some amount from the customer payment will be deducted only when the customer accepts a project and transfers the amount for the project completion.
Customers and the developer here agree that they will not act beyond the limits set by My Open Connect.
- ❏ You, as a customer, agree that you will not submit proposals that are morally wrong.
- ❏ You, as a customer, agree that you will post the projects with all the required details and that they will not be changed once the project gets started.
- ❏ You, as a developer, agree to work under the project requirements.
- ❏ You, as a developer, agree to provide customization services as and when requested before the completion of the project.
You, as a customer or developer, agree not to circumvent the payment methods as offered by the site and that you will not hire or pay anyone who urges you to do so. You as one of the customers or the developers, agree to notify MyOpenConnect immediately if anyone partakes in similar kind of activity.
We, at My Open Connect, do not make any sort of warranties regarding the work done through the site - project posting, project development, project contest, services provided by the developer etc. Customers buy the services or get their work done at their own risk. You should do the research that is necessary before entrusting the work to any developer you get connected to through the site or before making the payment. Your interaction between the developers or other users is solely between you and the developers or the other users and we should not be held responsible for any loss or damage that may directly or indirectly occur due to the result of any such interactions. We are not involved or should not get involved in any type of dispute that may occur between you and the developer or other users.
- (a) My Open Connect may receive information both from customers and developers when they sign up to post the project or to provide the development services. The information that is received may include business name, email id, name of the concerned person or developer, phone number, contact address etc. The details received from customers or the developers will be used only for interacting with the customers or the developers through newsletters or other email services. The information received is not transferred or sold to anyone by us. We store the information taking the strictest security measures for your protection.
You agree to indemnify us, the team working for My Open Connect and each and every individual who represents, markets our services etc. and hold us harmless from any claims or demands that may be made by any third party.