Modified: May 25, 2020
ACCEPTANCE OF AGREEMENT
LIMITATION OF LIABILITY
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any Services or Products obtainable therefrom, (b) the unavailability or interruption of the Site, Services, or any Products thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
Disclosure to Law Enforcement
BNE Creative specifically prohibits the use of our online Services and Products for illegal activities. Therefore, Client agrees that the Company may disclose any and all customer information including assigned IP addresses, account history, account use, etcetera to any law enforcement agent who makes a written request corresponding to a subpoena or other court order without further consent or notification to the Customer. In addition, BNE Creative shall have the right to terminate all Services set forth in this Agreement.
Website Design and Development Plans (Service)
Website Design and Development Plans (“Website Package Basic”, “Website Package Pro”, Website Package Elite”) are a monthly renewing subscription where BNE Creative designs, host, and maintains a website for the Client. The website, while under an active plan, can only be hosted on BNE Creative servers and FTP, SSH, SFTP access will not be available.
All website designed files hosted by BNE Creative will be the property of BNE Creative. The Client will have no right to these files or the migration of these files if the subscription is cancelled or terminated. Any content or assets (images, text, multimedia) provided by the Client for use in the website will remain the property of the Client.
The website design and content provided by BNE Creative will remain the property of BNE Creative before, during, and after the subscription. In effect, the Client will be leasing the use of the website from BNE Creative. If the Client wishes to purchase the rights to a website created by BNE Creative, this will be at the discretion of BNE Creative.
If at any time the Customer cancels the website plan subscription or payment is delayed by 15 days, the website will go offline. If continued payment is not received after 30 days, the account, all related files and data will be deleted.
After 12 consecutive monthly payments, full ownership of the website may be transferred to the Customer and moved to another hosting provider. At which point, Customer will be responsible for security, updates, and management of the website.
All Customers using our Website Packages also agree to the Website Hosting Terms of Service below.
Website and Managed Website Hosting (Service)
Website Hosting is only available to our direct customers who are using a BNE designed website or from one of our partners. We endeavor to have 99.9% uptime on our servers measured annually. There may, of course, be times when the server will not be available, this can be scheduled or unscheduled.
Scheduled downtime is when we know it is going to happen and tell you about it in advance. Scheduled downtime will wherever possible, almost certainly be outside of normal business hours (US Pacific Standard Time). We’ll do our updates in the evening or during the weekend to minimize impact on your business. There may be very rare occasions when BNE Creative or DigitalOcean needs to restart the server during normal business hours and it is not possible to inform you beforehand.
Unscheduled downtime is when the server stops without us knowing it is going to stop. For a simple server hiccup, we’ll get it back up as fast as we can. From time to time hardware may fail or data connections may be interrupted; our service level agreement with DigitalOcean is that any hardware faults will be fixed within 4 hours of them being reported during normal business hours and within 24 hours outside of this. We will do everything we can to ensure that your website is available 99.9% of the time, if we fall short of this, we’ll come and talk to you about it.
If a renewal payment is delayed by 15 days and BNE Creative has actively tried to contact the customer via email, postal mail, and or phone, BNE Creative reserves the right to suspend the account. If after 30 days after the renewal date and payment is delayed, BNE Creative has the right to terminate the account from our server and all files associated with it will be deleted.
WordPress websites using our hosting are required to have our Firewall and management plugins and a provider user login. This allows us to maintain and protect your installation on our servers. At no time, will BNE Creative attempt to access non-required areas of your website or database.
Website Maintenance & Care (Service)
For customers that are not using our Managed Website Hosting via our private servers, BNE Creative will manage the website files and website database by updating all software (Themes, Plugins, WordPress Core), backing up website files to an off-site location, scanning for any malware and actively removing any found malware or restoring files to a previous version, checking and removing comment spam, and check for broken links.
Maintenance of the server and server environment are the responsibility of the Customer and their hosting provider. In the event, a Customer’s website becomes hacked or malware is found, during which the Customer has an active maintenance plan with us, we will work to resolve the hack and malware files either by repairing existing files or replacing such files using originals and or from a previous backup.
This is a month to month plan and the Customer can cancel anytime prior to their next billing date. BNE Creative reserves the right to cancel the subscription for any reason.
Domain Activations & Management (Service)
Website Domains activated and managed on the behalf of the Customer are still owned by the Customer in full, so long as the Customer is current on their monthly or annual domain renewal fees paid to BNE Creative. If a renewal fee is delayed by 30 days and not paid to BNE Creative, the customer forfeits their rights to ownership of the domain and any services attached to the domain may be terminated. Customers who are current on their domain renewals may request transfer to another domain registrar at any time.
Business Class Email (Service)
Email mailboxes are set up on a per use basis and provided through our reseller provider, Rackspace. This allows us to provide greater protections, account access, and resources, including separating accounts if in the event one service fails, the other will not be impacted.
Review and Reputation Management (Service)
Review Management is a monthly white label subscription adding a central feedback portal for the user. The portal provides a way for the Client to request feedback from their customers using a simple rating system where positive experiences are directed toward the Client’s social profiles and negative experiences are directed towards a private feedback form.
By using our Review Management service, you understand that We cannot prevent negative reviews reaching your social profiles or that we cannot remove existing reviews from your social profiles. The purpose of Review and Reputation Management is to increase positive reviews on your social profiles and limiting the possibility of negative reviews to a private area. This service is only a tool to aid you with requesting feedback from your customers.
HIPAA Compliant Forms (Service)
WordPress Plugins and Themes (Products)
All digital goods sold (“Products”, “WordPress Plugins”, “WordPress Themes”) by BNE Creative are released under the GNU Public License, version 2.0. You are free to use these purchases for personal and/or commercial on an unlimited number of domains or projects and includes updates for the lifetime of the product.
Products purchased from other marketplaces such as Envato (CodeCanyon and ThemeForest) or Creative Market must follow the license terms there.
You may not claim intellectual or exclusive ownership to any of our products or services, modified or unmodified. All Products and Services are the property of BNE Creative. You are simply licensed to use our Products and Services unless otherwise notated in a signed contract of deliverables.
We firmly believe in and stand behind our Products and Services 100%, but we understand that not all WordPress plugins or WordPress themes can work perfectly for everyone all of the time. If you are unhappy with your purchase, or you have an issue that we are unable to resolve that makes the system unusable, We are more than happy to provide a complete refund within 7 days of your original purchase.
A few refund conditions:
- We cannot provide refunds due to technical issues unless you allow us to adequately try and assist you. If we are unable to resolve the issue for you, we will provide a refund. Please open a support ticket before requesting a refund for a technical issue.
- Refunds may only be issued within 7 days of the purchase date. After 7 days no refunds can be processed.
- There are absolutely no refunds for monthly paid Services or issues due to a disruption of Service.
Customers have the option of choosing to pay via PayPal (WordPress Plugins or Themes only) or any major credit card. Customers using our monthly or annual website Services (Hosting, Domain, Email, Marketing, Review Management, Website Design and Development Packages) will have a recurring monthly payment.
For your security, we do not store your credit card or payment information on our servers. Credit Card purchases are handled via our payment processor Stripe.
Only after your purchase has been completed and payment has been received will you be granted access to your Product download or Service.
BNE Creative reserves the right, at any time, to modify or discontinue, temporarily or permanently, any Product or Services with or without notice. Prices of all Products and Services are subject to change. Customers using an active Service will forever remain at their initial price unless such service is cancelled or terminated, after which, re-subscribing to the same, additional or a new Service, will reflect the the new or current price.
Our Products and Services are provided “as is” without warranty of any kind, either expressed or implied. We do not guarantee that our Products will work in all web browsers, nor do we guarantee that our Products or Services will be functional with all versions of WordPress. We do not guarantee absolute compatibility with any additional third party plugins, themes, scripts, applications, devices, or if blocked by other countries and jurisdictions.
Each Product purchased from the BNE Creative Website includes support for technical issues, support documents on how to use the Product as advertised, and on-going automatic updates for WordPress Themes and WordPress Plugins. Our support does not cover help with customizations beyond the advertised features or for compatibility issues with 3rd party plugins or general WordPress questions.
Products purchased from other marketplaces such as ThemeForest, CodeCanyon or Creative Market must follow the support terms there.
We also reserve the right to discontinue or retire a Product which will cease any further updates and support for that Product.
You are responsible for maintaining the security of your account and purchase, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify BNE Creative of any unauthorized uses of your account or any other breaches of security. BNE Creative will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
BNE Creative may terminate your access or use to all or any part of this Website or Service at any time, with or without cause, with or without notice. If you wish to terminate this agreement or your BNE Creative account (if you have one), you may simply discontinue using the website or Service. All provisions of this agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Copyright and Intellectual Property
The Customer must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to BNE Creative to include in your website or web applications.
Customer must indemnify BNE Creative and hold us harmless from any claims or legal actions related to the content of your website.
BNE Creative reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes and to review it in its entirety prior to continue usage or purchase of a Product or Service. Your continued use of or access to the Website following the posting of any changes to this agreement constitutes acceptance of those changes.