Invoices will be issued with or following the delivery of the services or report and may be interim billed, if applicable. All invoices are due net 30 days. Overdue invoices bear interest at a rate of 1.5% per month, compounded monthly, (equivalent to 26.8% per annum) from the date of invoice.
2) Confidential Information
Donor information and financial information provided to Gryphon will be held in confidence by Gryphon and not disclosed to any third party except as required by law.
3) Limited Warranties
Gryphon makes all reasonable efforts to ensure that its services are provided with skill and competency but does not warrant that its analysis or reports are error-free. THE CUSTOMER USES THE ANALYSIS AND REPORTS AT THEIR OWN RISK.
4) Limited Liability
Data and statistical information contained in Gryphon’s reports are derived from information supplied by Customer. Gryphon cannot assure itself that the information so supplied is accurate or complete and Gryphon does not assume any responsibility or liability whatsoever for reports or results based on or relying on such information. Gryphon does not control how its analysis and reports are used by the Customer and Gryphon assumes no liability for the results obtained or damage incurred.
IN NO EVENT SHALL GRYPHON BE LIABLE FOR GENERAL OR SPECIFIC DAMAGES. IN NO EVENT SHALL GRYPHON BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER GENERAL OR SPECIFIC DAMAGES OR ANY LOSSES OR EXPENSES SUFFERED BY THE CUSTOMER OR ANYONE ELSE, WHETHER OR NOT GRYPHON, OR ITS EMPLOYEES, OFFICERS, AGENTS, DEALERS OR INSTALLERS HAS BEEN INFORMED OF THE RISK OF SUCH LOSS OR EXPENSE AND WHETHER OR NOT SUCH LOSSES OR EXPENSES WERE FORESEEABLE AND WHETHER OR NOT SUCH DAMAGES OR LOSSES OR CLAIMED UNDER ANY THEORY OF LAW OR UNDER CONTRACT, STATUTE, TORT, IMPLIED DUTIES OR OTHERWISE OR DIRECTLY OR INDIRECTLY RELATED TO THE SUPPLY OF PRODUCT OR THIS AGREEMENT.
THE AGGREGATE LIABILITY OF GRYPHON IN ANY WAY, IN ANY OCCURRENCE OR SERIES OF OCCURRENCES, ARISING OUT OF OR RELATING TO THE SERVICES, ANALYSIS OR REPORTS DELIVERED UNDER A PURCHASE ORDER SHALL BE THE AMOUNT PAID TO GRYPHON UNDER THAT PURCHASE ORDER.
5) Entire Agreement
These Terms and Conditions together with the order information constitute the entire agreement between Gryphon and Customer pertaining to the supply of services by Gryphon and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein.
6) Laws of Ontario, Canada
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada excluding the law of conflicts and shall be treated in all respects as an Ontario contract. The Parties hereto irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario, Canada with respect to any and all disputes arising out of, pursuant to or relating to this Agreement or the supply of services, to the exclusion of the courts of any other jurisdiction and waives any right that it may have to assert the defence of forum non-conveniens in any suit, action or proceeding.
7) Customer disclosure
Customers agree to have their name published on the Gryphon Fundraising web site.
8) Partial Invalidity
If any provision of these Terms and Conditions or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of these Terms and Conditions, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby and each provision of these Terms and Conditions will be valid and enforced to the fullest extent permitted by law and be independent of every other provision of these Terms and Conditions.
9) Order Acceptance Policy
The products and prices listed on our website are not to be considered offers to sell but rather advertisements to receive offers to purchase. All orders are subject to review and acceptance by Gryphon. Submission of an offer and/or the receipt of any order confirmation does not constitute any acceptance of the offer to purchase or a confirmation of an offer to sell. Gryphon reserves the right to accept or decline the Customer’s order for any reason and at any time within fifteen (15) days of receiving your order (the “Response Period”). Such written acceptance or refusal shall be delivered to the Customer by electronic communication (i.e. e-mail). In the event Gryphon fails to respond to the Customer within the Response Period Gryphon shall be deemed to have declined the Customer’s offer.
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