Terms of Use

Our products and services come with a few standard terms and conditions. We urge you to read throughly to become familiar with our agreement.

By using our website(s) and/or any of our Services (such as hosting, email, database, products, etc.), you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this website or any of our services or products.  The term “BNE” or “us” or “we” or “our” or “company” refers to BNE Creative, the owner of the Web site.  The term “you” or “customer” or “client” refers to the user or viewer of our Web Site, services and products. Any questions or comments regarding this document should be forwarded to the Company at the following address:

BNE Creative
20530 E. Arrow Hwy
Suite A
Covina, CA 91724

ACCEPTANCE OF AGREEMENT

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”) and services “Services”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

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.

Website Hosting and Managed Hosting

Hosting plans are paid in full either for 1 or 2 year terms and renew automatically unless cancelled prior to renewal date. For the security of your account and others on our servers, access to our server is prohibited and only accessible with a BNE Creative tech. Outside access using FTP, SFTP, SSH, etc, or to the hosting control panel is prohibited. In addition to these terms, all Terms of Use policies from our main hosting provider, DigitalOcean is strictly enforced.

Website Hosting is only available to our direct customers whom are using a BNE designed website. 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 at 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 before hand.

Unscheduled downtime is when the server stops without us knowing it is going to stop. For a simple server hicup, we’ll get it back up and running 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. This allows us to maintain and protect your installation.

Website Maintenance (Website Care Plan)

Maintenance Plans are month to month. BNE Creative will manage the website account 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 versions, checking and removing comment spam, quality check on HTML and CSS with the latest browsers, and check for broken links. Customers using our website hosting will also benefit as hosting will be included and protected with a security firewall.

This is a month to month plan and the customer can cancel anytime at least 3 days prior to their next billing date. BNE Creative reserves the right to cancel the subscription for any reason. If cancelled by BNE Creative, BNE Creative will refund to the customer the prorated amount based on the remaining days of the current billing cycle.

In the event customer 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.

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 transferring to another domain registrar at anytime.

Business Class Email

As of July 1 2015, new Email mailboxes are setup on a per use basis and provided through 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. Email plans are month to month and are not included with hosting unless otherwise stated in an agreement. By using our email services or partners, you agree to not abuse our networks by sending malicious emails or using such accounts in an illegal manner according to federal and local government laws. Users who are using our Business Class Email are bound by the Rackspace Terms of Use.

Product Licenses

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 commercial on an unlimited number of domains or projects. Products purchased on other market places such as Envato (CodeCanyon, ThemeForest) or Creative Market must follow the license terms there.

Product Ownership

You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of BNE Creative. You are simply licensed to use our products, unless otherwise notated in a signed contract of deliverables.

Product Refund Policy

Considering that we offer non-tangible digital goods, we do not issue refunds after the purchase is made, which you are responsible for understanding upon making it.

Payments

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 a Website Hosting or Maintenance Plan will have a recurring monthly payment. Optionally, you may choose to renew your account for extended theme support and updates. 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.

Price Changes

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 registration and email services. 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.

Warranty

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 compatibility with any additional third party plugins, scripts, or applications.

Basically: We can’t guarantee our themes and plugins will work in outdated versions of WordPress or with every other plugin 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.

Support

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 on other market places such as 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.

Account

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.

Account Termination

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.

Changes

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: August 15, 2015