Club for Business Terms of Membership
The Earth Oasis Membership Club for Business
1. Acceptance of Terms.
Earth Oasis Internet, LLC, dba Earth Oasis Computers (“Earth Oasis”) reserves the right to adjust the Terms of Membership at any time without notice. You can view the most current Terms of Membership at any time by visiting this page at earthoasis.com/our-club/business-club-terms
2. Description of Membership and Fees.
(a) Members are required to pay a non-refundable fee of $850.00 (rates are subject to change without prior notice). Earth Oasis shall enroll those qualified businesses in The Earth Oasis Membership Club for Business (“The Business Club”) for a period of five years. Qualified businesses will be those deemed by Earth Oasis to be within a 10 mile driving area from the Earth Oasis location at 1047 Foothill Blvd. in La Cañada Flintridge. Earth Oasis may enroll others outside this area at its sole discretion.
(b) Once enrolled in The Business Club, Earth Oasis will provide to the Member, during a five year period from the date of Membership or renewal, up to ten hours of Computer Consulting, Coaching, Training, Software Installation and/or Hardware services upon request of the Member, subject to reasonable availability. Earth Oasis will use its best efforts to provide all service calls within 24 hours; and, if a call cannot be made within 24 hours, Earth Oasis will arrange a mutually convenient time to make a service call. Earth Oasis anticipates that it typically will be able to provide services on the day a request is made.
The cost of parts is not included in the Earth Oasis Membership Club for Business. After obtaining your authorization, we will bill you for any parts used.
4. Expiration of Membership.
After the expiration of five years from the date of Membership, the Client will need to renew its Membership, even if all of its ten hours of service-time have not been used. We want you to use your time. Since the Club includes Computer Coaching, this is very easy to do.
5. Limited Number of Memberships.
In order to properly service it’s members, Earth Oasis may need to limit the number of memberships available for The Earth Oasis Membership Club for Business. At it’s sole discretion, Earth Oasis reserves the right to accept or decline new memberships based upon it’s current workload.
6. Termination of Membership by Earth Oasis.
Earth Oasis reserves the right to terminate the Membership of any Client at its sole discretion. Upon termination prior to the five year expiration, Earth Oasis will return to the Client that portion of its Membership dues that are unused on a pro rata basis.
7. Termination of Membership by Client.
Any Member can terminate its Membership in The Business Club by simply letting the five year duration of the Membership expire without renewal. All Membership fees are non-refundable unless the Membership is terminated by Earth Oasis.
8. Loss of Data.
Neither Earth Oasis nor any of its affiliates assume responsibility for lost software or data. The Client is responsible for maintaining a current backup of its hard drive and restoring the software and data backup to the hard drive, should that become necessary. If Client prefers an Earth Oasis Support Team member to restore its backup, an additional charge at the then current hourly rate applies if the client’s membership has expired or has been used up.
9. Limitation of Liability.
(a) Client/Member expressly understands and agrees that Earth Oasis 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 (even if Earth Oasis has been advised of the possibility of such damages), resulting from the use or the inability to use its Membership.
(b) In no event shall Earth Oasis, its subsidiaries or affiliates, or their respective officers, directors, employees, representatives or agents (collectively, “Earth Oasis”) be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not Earth Oasis has been advised of the possibility of any such damages.
Member agrees that at the option of Earth Oasis, any and all claims or controversies arising out of or pertaining to any matter concerning The Earth Oasis Membership Club will be submitted for resolution in Los Angeles, California before the American Arbitration Association under its then prevailing rules. The award of the arbitration shall be binding and judgment may be entered thereon in any court of competent jurisdiction.