BRITEBIZ TERMS OF SERVICE
By signing up for the BriteBiz service (“Service”) or any of the services of BriteBiz (“BriteBiz”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by BriteBiz under the Terms of Service include various products and services to help you manage a services company. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at www.BriteBiz.com/BriteBizTerms. BriteBiz reserves the right to update and change the Terms of Service by posting updates and changes to the BriteBiz website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a BriteBiz account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. BriteBiz may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that BriteBiz will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. BriteBiz cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your BriteBiz Account (“Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of BriteBiz will result in an immediate termination of your services.
2. Account Activation
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. General Conditions
- The Terms of Service shall be governed by and interpreted in accordance with the laws of Ireland, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Ireland with respect to any dispute or claim arising out of or in connection with the Terms of Service.
- You acknowledge and agree that BriteBiz may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on BriteBiz’s website, available at www.BriteBiz.com/BriteBizTerms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to BriteBiz’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the BriteBiz service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by BriteBiz.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use BriteBiz or BriteBiz trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to support@BriteBiz.com.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
4. BriteBiz Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- BriteBiz retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, BriteBiz reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
5. Limitation of Liability
- You expressly understand and agree that BriteBiz 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 resulting from the use of or inability to use the service.
- In no event shall BriteBiz or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, BriteBiz partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- BriteBiz does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- BriteBiz does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- BriteBiz does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and Complete Agreement
The failure of BriteBiz to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BriteBiz and govern your use of the Service, superseding any prior agreements between you and BriteBiz (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the information or material you provide to the BriteBiz service. All material you upload remains yours. You can cancel your subscription at any point.
- By uploading Content, you agree: (a) to allow other users to view your Content; (b) to allow BriteBiz to store your Content; and (c) that BriteBiz can, at any time, review all the Content submitted by you to its Service.
- BriteBiz shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your company to promote the Service.
8. Payment of Fees
- A valid credit card is required to set up an account with BriteBiz.
- The service will be billed in monthly intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the Subscriptions page of your BriteBiz administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
- BriteBiz does not provide refunds.
- The subscription must be activated before the Account Owner can be onboarded or configured.
9. Cancellation and Termination
- Subject to these Terms of Service, you may cancel your account at any time by logging into your BriteBiz account and going to the subscription page. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation.
- Your account will continue and monthly subscription fees and charges will continue to accrue until such time as your account is cancelled or terminated in accordance with these Terms of Services.
- Upon termination of the Services by either party for any reason: a. BriteBiz will cease providing you with the Services and you will no longer be able to access your Account; b. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise; c. any outstanding balance owed to BriteBiz for your use of the Services through the effective date of such termination will immediately become due and payable in full; and d. All of your content will be immediately deleted from the Service upon cancellation or termination. This information cannot be recovered once your account is cancelled. Payment information and copy invoices will be kept on file for legal/tax reasons.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the BriteBiz Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, BriteBiz may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Service.
10. Modifications to the Service and Prices
- BriteBiz reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- BriteBiz shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
11. Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, BriteBiz’s partners or other third parties.
- BriteBiz may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the BriteBiz Add-Ons page. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or BriteBiz’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that BriteBiz has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on BriteBiz’s websites, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with BriteBiz. BriteBiz strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. BriteBiz is not responsible for any disclosure, modification or deletion of your data or Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Content.
- Under no circumstances shall BriteBiz be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if BriteBiz has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
Edited March 2016