Resellers classed as installers (those selling directly to end users) will have a co-branded version of the Manything software and a customer portal to manage end users.
Manything will provide necessary documentation and training to resellers.
Manything is not responsible for service issues outside its control but offers email technical support with a 48 hour turnaround.
Tradelist pricing provided by Manything to the reseller will be paid by the reseller monthly within 30 days of invoice whether or not the end user has paid. End user pricing is determined by the reseller and only the reseller contracts and is liable under the end user contract. Charges may change with 14 days notice but the reseller can terminate if unhappy. Manything may charge interest if payments are late.
The reseller will, while a reseller and for 12 months afterwards, not offer competing services, will be clear with end users about its status, will respect Manything’s intellectual property, branding, sales rules and directions, will report progress to Manything, will flow down certain mandatory terms to end user contracts and will be the sole point of contact with end users on all operational matters.
The reseller will comply with its obligations under applicable privacy and data protection laws and cover Manything for any claims or liabilities.
Except for things which can’t be limited, each party’s liability is limited to 12 months’ aggregate charges and neither party is liable for indirect or consequential losses.
The reseller will cover Manything for any claims or liabilities under this contract or an end user contract. Manything will cover the reseller for any third party intellectual property infringement claims.
Both parties will keep the other’s confidential information private and not release it to third parties with limited exceptions.
The contract can be terminated if either party commits a serious breach that is not fixed or is subject to an insolvency event.Non-fault termination is also available upon a specified notice period following the end of the stated minimum term.Following termination, the reseller must cease use of the service and return or destroy any Manything supplied data.
Neither party is responsible for matters outside its reasonable control.
The contract is interpreted under English law and the English courts will rule on any dispute.
|"Charges"||The charges payable by Reseller to Manything, as specified in Clause 6 and Schedule 3 hereto|
|“Commencement Date”||The date on which the Reseller creates a Partner Account|
|"Customer"||customer(s) or End Users of the Reseller who receive the Services|
|"Customer Contract"||a binding agreement for the provision of Services between the Reseller and a Customer|
|"End User"||the end customer(s) who wishes to access and/or use the Services from time to time|
|"Installer"||a Reseller that installs Services for and contracts directly with End Users|
|"Order"||An order for the Services by the Reseller, in accordance with Manything’s standard terms and processes, as may be amended by Manything from time to time, including electronic orders submitted via the Manything software or portal|
|"Partner Account"||A Manything Partner Portal account created by the Reseller|
|"Recurring Monthly Revenue (RMR)"||The recurring monthly revenue from all monthly subscription plans for the Services set up for End Users|
|"Services"||the Manything proprietary cloud video monitoring software that is bundled or compatible with certain IP/network cameras, as further described in Schedule 2|
|"Term"||the term of this Agreement, as specified in Clause 3|
|"Territory"||the country or countries in which the Reseller operates|