Sales Literature

Sales literature is not applicable for this SKU.

Service Specific Terms

This Order Form Acceptance Agreement and Mutual Release (“Acceptance Agreement”) is made as of the date of this Order by and between CitizenDeveloper (Express Dynamics, WorkXpress) and the Customer (collectively “the Parties”).

WHEREAS, Customer retained CitizenDeveloper to perform certain services under previously executed Orders which are specified alongside this SKU in the Order document; and

WHEREAS, CitizenDeveloper and Customer wish to fully and completely accept those Orders and/or resolve any disputes that have arisen between the Parties concerning those Orders; and

WHEREAS, Customer acknowledges that credit card charges and other payments made prior to the date of this Agreement were authorized and affirms that goods and services were rendered by CitizenDeveloper to Customer, that Customer has accepted those goods and services and that Customer is satisfied with those goods and services; and

WHEREAS, CitizenDeveloper and Customer have decided to resolve any past disputes and/or permanently complete and accept all Deliverables or services provided under those Orders in accordance with the terms of this Acceptance Agreement;

NOW, THEREFORE, for good and valuable consideration consisting of the exchange of mutual promises up to and including payment, the receipt of which is hereby acknowledged, and each party intending to be legally bound by this Order Acceptance Agreement, the Parties agree as follows:

1. Payment – Customer will pay to CitizenDeveloper the total sum specified alongside this SKU on the Order in a lump sum payment within five (5) days after this Agreement is fully executed by the Parties.
2. General Release – In consideration of the acceptance of the aforementioned Order Forms (in addition to the other covenants and promises in this Acceptance Agreement), the Parties, on behalf of themselves, their parents and affiliated companies and each of their respective shareholders, directors, employees, agents, successors and assigns, do hereby release and discharge each other, their parents, subsidiaries, affiliates, predecessors, successors and assigns and each of their respective present and former officers, directors, employees, shareholders, agents and representatives from any and all claims, actions, causes of action, damages, and costs, (including but not limited to claims for compensatory, exemplary or punitive damages or challenges relating to prior credit card or ACH payments made by Customer to CitizenDeveloper) which they had or may have in law or in equity, asserted or unasserted, known or unknown, arising out of or relating to the services that were performed under the specified Orders, or to be performed, by CitizenDeveloper for the Customer. It is the intention of the Parties that this Mutual Release shall be effective as a full and final release of all claims, debts, rights and obligations between them arising out of, or related to, the specified Orders.
3. Acceptance – The deliverables and services provided in the specified Orders entered into between the Parties are hereby accepted in their entirety.  
4. Confidentiality – The Parties agree that the terms of this Acceptance Agreement and the facts and circumstances which gave rise to it shall be deemed confidential and shall not be discussed or revealed by them or their employees to any other person or entity except as may be required by law.  
5. Nondisparagement – The Parties each agree that they will not make any statements or engage in any conduct that would disparage or defame the other Party or otherwise impugn the other Party’s business, professional or ethical reputation or conduct.  
6. Counterparts – This Acceptance Agreement may be executed in counterparts, each of which shall be deemed to be an original.  
7. Complete Agreement – This Order Acceptance Agreement sets forth the entire agreement of the Parties with regard to this matter. There are no representations or warranties between the Parties related to the subject matter of this Acceptance Agreement which are not fully expressed herein. This Acceptance Agreement may not be amended or changed in any way except by a writing signed by both Parties. If any term of this Acceptance Agreement is determined to be invalid, the affected term shall be stricken and the remaining terms of this Acceptance Agreement and its enforceability will remain unaffected thereby. Each party shall pay its own attorneys’ fees, costs and expenses associated with the negotiation and documentation of this Acceptance Agreement.   
8. Breach – In the event of a breach of this Order Acceptance Agreement, the non-breaching party shall be entitled to recoup its actual damages, injunctive relief, and any and all costs and fees associated with seeking enforcement and/or damages, including, but not limited to, attorney’s fees. The Parties waive their right to a jury trial in enforcement of this Order Acceptance Agreement.  
9. Choice of Law and Venue – The laws of the state of Pennsylvania will govern any dispute arising from or relating to this Agreement. The parties submit to the exclusive jurisdiction of the state of Pennsylvania and federal courts for or in Dauphin County, Pennsylvania, and agree that any legal action or proceeding relating to this Agreement must be brought in those courts.  
10. Binding Nature – This Order Acceptance Agreement shall be binding upon and inure to the benefit of the Parties and each of their successors, heirs, assigns, representatives, parents, subsidiaries, affiliates, agents, employees, attorneys, officers, directors and shareholders.  
11. Review by Counsel – Each of the Parties has been represented by counsel in connection herewith and has had an opportunity to review this Acceptance Agreement with counsel. This Acceptance Agreement and the provisions contained herein shall not be construed for or against any Party because that Party drafted a particular provision or provisions of the Order Acceptance Agreement.  
12. Authority – Each Party to this Order Acceptance Agreement and each person executing this Order Acceptance Agreement on behalf of each Party, warrants and represents that he or she has the power and authority to execute, deliver and perform its obligations under this Order Acceptance Agreement.  

Technical Documents