Our products and services come with a few standard terms and conditions. We urge you to read thoroughly to become familiar with our agreement.
BNE Creative LLC
20530 E. Arrow Hwy
Covina, CA 91724
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 features 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 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 service set forth in this Agreement.
Online Web Services
Managed Website Hosting
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 30 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 45 days of the renewal date and payment is delayed, BNE Creative has the right to remove 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 (Website Care Plan)
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
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 annual domain renewal fees paid to BNE Creative. If a renewal fee is missed 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
Review Management is a monthly white label subscription adding a central feedback portal for the user. The portal provides a way for the user to request feedback from their customers using a simple rating system where positive experiences are directed toward the user’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 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.
BNE Online Store – WordPress Plugins and WordPress Themes
All digital goods sold by BNE Creative via our online Store (WordPress plugins, WordPress Themes, HTML templates) are released under the GNU Public License, version 2.0. You are free to use our products 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, modified or unmodified. All products are the property of BNE Creative. You are simply licensed to use our products unless otherwise notated in a signed contract of deliverables.
We firmly believe in and stand behind our products 100%, but we understand that not all plugins 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, I am more than happy to provide a complete refund within 7 days of your original purchase.
A few 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.
Customers have the option of choosing to pay via PayPal or any major credit card. You will be charged a one-time payment, with no hidden or recurring fees. Only those using our monthly or annual website services (Hosting, Domain, Email, or Review Management) will have a recurring monthly payment. For your security, we do not store your credit card or payment information on our servers.
Only after your purchase has been completed and payment has been received will you be granted access to your purchase downloads.
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 are subject to change.
Limitation of Liability
In no event will BNE Creative, or its suppliers, or licensors, or partners be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials offered on this site and our services including website hosting, domain, email, or review management. Even if BNE Creative or an authorized representative has been advised of the possibility of such damages. If your use of downloads and services from this site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.
Basically: We provide you with awesome WordPress theme, WordPress Plugin, HTML Template, and services but you are ultimately responsible for what you do with our products and services. Use them safely and responsibly.
Our products are provided “as is” without warranty of any kind, either expressed or implied. We do not guarantee that our products will work in all browsers, nor do we guarantee that our products will be functional with all versions of WordPress. We do not guarantee absolute compatibility with any additional third party plugins, themes, scripts, or applications.
Basically: We can’t guarantee our themes and plugins will work in outdated versions of WordPress or with every other plugin and theme out there, or even web browser versions prior to two releases ago. We test our products against the most recent versions of WordPress and web browsers to ensure compatibility.
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 service 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 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.
Basically: Keep your account secure by using smart password practices. Let us know immediately if you think your account has been compromised or tampered with.
BNE Creative may terminate your access to all or any part of this website 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. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Basically: If we find you’ve broken the agreement, we can suspend or terminate your account. No funny business.
Photos & Copyright Info
When viewing the theme, template, or plugin demos http://demo.bnecreative.com you will see several photographic images used. These photos serve as example images only and are not included in the purchased product. Our themes and plugins do not come packaged with any copyrighted photography. The photos used in the demos are purely for demonstration purposes and are used to give the visitor a functional preview of what the theme will look like once content has been added. You are responsible for adding your own thumbnail images. These photos should not be saved, copied or redistributed in any way.
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. Your continued use of or access to the website following the posting of any changes to this agreement constitutes acceptance of those changes.
Basically: We may update these Terms and Conditions from time-to-time.
Updated: October 7, 2017