MSP Vendors

Terms of Services

Last updated 28th Sep, 2024

1. Acceptance of Terms

1.1 Binding Agreement: By accessing or using the MSPVendors.com website (the "Site") or any services provided by MSP Vendors (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Services.

1.2 Amendments: MSP Vendors reserves the right, at its sole discretion, to modify or replace these Terms at any time. Changes to the Terms will be posted on this page. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms.

1.3 Additional Terms: Certain Services may be subject to additional terms and conditions specified by MSP Vendors from time to time; your use of such Services is subject to those additional terms and conditions.

2. Definitions

2.1 "Content" means text, graphics, images, music, software, audio, video, information or other materials.

2.2 "MSP" means Managed Service Provider, a user of the Site seeking information about vendors and their software.

2.3 "User" means a person who accesses or uses the Services, including both MSPs and Vendors.

2.4 "Vendor" means a company or individual that provides software or services listed on the Site.

3. Eligibility

3.1 Age Requirement: You must be at least 18 years old to use the Site or Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age.

3.2 Authority to Enter Agreement: If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, you must not accept these Terms and may not use the Services.

4. Services Description

4.1 Services for MSPs: MSP Vendors provides MSPs with: a) Access to listings of vendors and their software b) Information about vendor companies and their products c) The ability to leave reviews on software and vendors.

4.2 Services for Vendors: MSP Vendors offers vendors: a) Company and software listings b) Optional paid services, including: i) The ability to respond to reviews ii) Ad spots on the website, in marketing emails, and on social media iii) Lead generation programs.

4.3 Service Modifications: MSP Vendors reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MSP Vendors shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

5. User Accounts

5.1 Account Creation: You may be required to create an account to access certain features of the Site or Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

5.2 Account Security: You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party.

5.3 Account Responsibilities: You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

5.4 Account Termination: MSP Vendors reserves the right to refuse registration of, or cancel accounts, in its sole discretion. You may cancel your account at any time by sending an email to support@mspvendors.com.

5.5 Effect of Termination: Upon termination, your right to use the Services will immediately cease. However, all provisions of these Terms which by their nature should survive termination shall survive termination.

6. User Content

6.1 Content License: By submitting, posting, or displaying Content on or through the Services, you grant MSP Vendors a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods.

6.2 Content Representations and Warranties: You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

6.3 Content Responsibilities: You are solely responsible for your Content and the consequences of submitting and publishing your Content on the Services.

6.4 Content Removal: MSP Vendors reserves the right to remove any Content that violates these Terms or is otherwise objectionable at its sole discretion.

6.5 Prohibited Content: You agree not to post Content that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, any other person, or any animal; that may constitute or contribute to a crime or tort; or that violates these Terms.

7. Reviews and Ratings

7.1 Review Policy: User reviews and ratings are subject to both automatic and manual moderation. MSP Vendors may request proof that an MSP is utilizing a piece of software before publishing a review.

7.2 Review Moderation: MSP Vendors reserves the absolute right to remove, edit, or reject any user-generated content, including reviews and ratings, at its sole discretion.

7.3 Review Ownership: All reviews and ratings submitted to the Services become the sole property of MSP Vendors and may be used, reproduced, modified, adapted, translated, distributed, transmitted, displayed, performed, published, licensed, or sub-licensed.

7.4 Prohibited Review Practices: You agree not to: a) Submit false or misleading reviews; b) Submit reviews for products or services you have not personally used or experienced; c) Submit reviews in exchange for payment, discounts, or other incentives without disclosure.

8. Vendor Listings and Restrictions

8.1 Listing Criteria: MSP Vendors reserves the right to determine which vendors and software products are listed on the Site.

8.2 Listing Removal: MSP Vendors reserves the right to remove or modify any vendor listing at any time and for any reason, without notice.

8.3 Accuracy of Listings: Vendors are responsible for ensuring the accuracy and completeness of their listings. MSP Vendors does not verify the accuracy of vendor listings and is not responsible for any inaccuracies.

8.4 Compliance with Laws: Vendors are responsible for ensuring that their listings and any products or services offered comply with all applicable laws and regulations.

9. Intellectual Property

9.1 MSP Vendors Content: The Services and their original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of MSP Vendors and its licensors.

9.2 Vendor Content: Vendors grant MSP Vendors a non-exclusive, worldwide, royalty-free license to use their logos and product images for the purpose of creating and maintaining vendor listings.

9.3 User Content: You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights.

9.4 Copyright Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MSP Vendors' copyright agent with the relevant information by contacting support@mspvendors.com.

10. Payment Terms

10.1 Free Services: MSP Vendors currently provides basic vendor and software listings free of charge. MSPs may access and use the Site at no cost.

10.2 Paid Services: Vendors may opt for paid services, including enhanced listings, ad spots, and lead generation programs. Pricing for these services may vary based on market conditions, predicted traffic, and other factors.

10.3 Payment Processing: Payments for paid services are processed through Stripe and may be made via credit card or ACH. Vendors are responsible for managing their own billing through the provided Stripe portal.

10.4 Cancellation: Vendors may cancel paid services at any time. For lead generation services, 30 days written notice is required.

10.5 Refunds: Unless otherwise specified, all fees are non-refundable.

10.6 Taxes: You are responsible for paying all taxes associated with your use of the Services.

11. Disclaimers and Limitations of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MSP VENDORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MSP Vendors does not warrant that the Services will meet your specific requirements, will be uninterrupted, timely, secure, or error-free.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MSP VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.

12. Indemnification

You agree to defend, indemnify and hold harmless MSP Vendors and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Services.

13. Governing Law and Jurisdiction

13.1 Governing Law: These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

13.2 Jurisdiction: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Delaware, United States.

13.3 WAIVER OF JURY TRIAL: BOTH PARTIES HEREBY WAIVE ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.

14. Dispute Resolution

14.1 Process Initiation: Disputes between users (MSPs and vendors) may be initiated through the "Contest Review" button on the relevant review.

14.2 Initial Assessment: MSP Vendors' moderation team will conduct a preliminary assessment within five business days of receiving a dispute.

14.3 Notification and Response: If a dispute is found to have potential merit, the other party will be notified and given five business days to respond.

14.4 Mediation: If both parties engage, MSP Vendors' will facilitate a mediation process to reach a resolution.

14.5 Decision: In the absence of a mutual resolution, MSP Vendors' moderation team will make a decision based on available information.

14.6 Implementation and Appeal: Decisions will be implemented within two business days. Either party may appeal the decision within five business days, with appeals reviewed by a senior moderator.

14.7 Transparency: MSP Vendors may add a note to disputed reviews indicating they are under review.

14.8 Abuse Prevention: MSP Vendors reserves the right to limit dispute privileges for users who repeatedly file unfounded disputes.

14.9 No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

14.10 Binding Arbitration: Any dispute, controversy or claim arising out of or relating to these Terms shall be submitted to binding arbitration in accordance with applicable rules.

15. Third-Party Links and Content

15.1 Third-Party Links: The Site may contain links to third-party websites or services that are not owned or controlled by MSP Vendors. MSP Vendors has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

15.2 No Endorsement: MSP Vendors does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service.

16. Term and Termination

16.1 Term: These Terms shall remain in full force and effect while you use the Services.

16.2 Termination by You: You may terminate your use of the Services at any time by ceasing all use of the Services and deleting your account (if applicable).

16.3 Termination by MSP Vendors: MSP Vendors reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Services, to any person for any reason.

16.4 Effect of Termination: Upon termination of your account, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination.

17. General Provisions

17.1 Entire Agreement: These Terms constitute the entire agreement between you and MSP Vendors regarding the use of the Services.

17.2 Waiver: The failure of MSP Vendors to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.3 Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

17.4 Assignment: These Terms may not be transferred or assigned by you, but may be assigned by MSP Vendors without restriction.

17.5 Force Majeure: MSP Vendors shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control.

17.6 No Agency: No agency, partnership, joint venture, or employment is created as a result of these Terms.

17.7 Notices: Any notices or other communications permitted or required hereunder will be in writing and given by MSP Vendors via email or by posting to the Site.

18. Changes to Terms

18.1 Amendments: MSP Vendors reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect.

18.2 Continued Use: By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

19. Contact Information

If you have any questions about these Terms, please contact us at:

MSP Vendors 8 The Green, Ste A Dover, DE 19901, USA

Email: support@mspvendors.com

By using the Services, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to these Terms of Service, you are not authorized to use the Services.