Terms and Conditions
These are the Terms, Conditions and Acceptable Use Policies for services provided by Ebizio, llc. (“Ebizio”). By accessing services provided by Ebizio, you (the “Customer”) agree to abide by the terms, conditions, and acceptable use policies in this Policy (“the Agreement”).
Acceptable / Lawful Use
You are responsible for conforming with all federal, state, and local laws regarding the Internet and electronic communications. You must respect the intellectual property and copyrights of resources provided by others on the Internet. You may not participate in any illegal activities while using our services. You are responsible for keeping your activities legal, and for censoring yourself and your website. Customers are not permitted to post any material that is illegal, defamatory or otherwise tortious or likely to result in retaliation against Ebizio. Should the posted material fall into one of these categories, we reserve the right to immediately refuse or terminate service.
Data and Backup
While we do back up our system files, we cannot and do not back up Customer files. Customers are responsible for archiving any and all historical data and log files themselves. Ebizio shall not be held liable for any losses or damages of any kind related to your loss of data or log files for any reason. You agree that Ebizio has the right to delete all data, files, and/or other information that is stored on Ebizio’s servers and computers upon termination of the services, cancellation of your account due to non-payment, or violation of a term, condition or the acceptable use policies in the Agreement.
Refusal of Service
We reserve the right to terminate or refuse service to anyone. We reserve the right to refuse service to any Customers or users who are under 18 years old. Misrepresentation of age is grounds for termination.
You are responsible for all actions you take or cause to be taken in your use of the services. As a condition of service, you agree to indemnify and hold harmless our officers, directors, employees, agents, affiliated entities and shareholders for any cause of action originating from use of the services.
Assignment or Transfer
Customers cannot assign or transfer the rights or obligations associated with this Agreement, in whole or in part, without the written consent of Ebizio.
Customers have 30 days from notification of price increases to cancel the affected service without penalty. Prices may be reduced or new services and options may be put into effect without advance notice.
Limitations of Warranty and Assumption of Risk
Customers use Ebizio services at their own risk. Ebizio makes no representations or warranties, expressed or implied, regarding the services. Service is provided “as is.” We are not responsible for hardware or software damage, loss of data, loss of wages, or any other financial or personal loss resulting from the use of, or inability to use, our services and applications. Any liabilities are strictly limited to the amount of the fee paid for services rendered. Ebizio shall not be liable for claims of damages made by any third party for any cause whatsoever.
Customer agrees to indemnify and hold Ebizio (including its officers, directors, employees, agents, affiliated entities, and shareholders) harmless of any and all claims, costs, expenses or liability resulting from any damage to Customer’s business, service, equipment, network, operations, or reputation resulting from Ebizio’s actions or the actions of our partners, contractors or resellers. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of defamation, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
Arbitration / Choice of Law
Both parties agree to submit any dispute relating to the subject matter of this Agreement to binding arbitration, in Philadelphia, Pennsylvania pursuant to the commercial rules then in effect of the American Arbitration Association. The parties surrender and waive the right to submit any dispute to a court or jury, or to appeal to a higher court. The arbitrator(s) shall not have the power to award punitive, consequential, indirect, or special damages. This Agreement shall be governed by and construed in accordance with the laws, both procedurally and substantively, of the Commonwealth of Pennsylvania applicable to contracts made and performed within the Commonwealth.
Ebizio reserves the right to revise, amend, or modify our Terms, Conditions and/or Acceptable Use Policies at any time and in any manner.
Hourly Rates for Custom Work
Please contact us for our standard billing rate for design, programming and support if not directly stated in your Project Agreement. Required emergency support, integrations, software development or advanced support could be billed at a higher rate, which will be 1.5 times our standard rate. Should billable time not be measurable as a result of tasks performed by proprietary software, processes and components, reasonable equivalent hours will be used based on historical experience. Work orders, quote agreements completed and support time will be billed to the credit card we have on file. A paid receipt will be emailed to the Customer’s contact information email address when the transaction is processed which will include a project or work order description.
Affiliate Terms and Conditions
The customer agrees to accept the terms and conditions of any affiliate business providing custom design, development and integration work for the customer in conjunction with Ebizio.
If an already billed amount is disputed, Ebizio will make every effort to resolve the dispute in a timely manner. However, the full balance of the bill must still be paid in full by the due date while resolution is pending.
How to Access or Modify Your Information
Ebizio offers Customers the opportunity to access or modify information provided during registration and through the purchased app.
What Both Parties Agree To Do
As our Customer, you have the power and ability to enter into this Agreement on behalf of your company or organization. You agree to provide us with everything that we need to complete any installation or service.
While we can guarantee the work we deliver will be functional and tested at the time the project is completed, we cannot guarantee that the code will function and remain error free indefinitely. We are not liable for future changes in the software or issues caused by you or any third party. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. If Ebizio decides to refund the money a Customer paid to complete a project, the Customer must sign a confidential settlement agreement. Any waiver by a party of a breach of any provision in this Agreement shall not operate as or be construed to be a waiver of any other breach of that provision or of any breach of any other provision in this Agreement.
We cannot be held liable for your use of copyrighted material. We assume that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by you exclusively, or that you have express permission to use them on your website.
When we receive your final payment for custom work, copyright is automatically assigned as follows:
Payments and Cancellations
We’re sure that you understand how important it is that you pay on time and as agreed. Ebizio offers the following payment methods: Visa, MasterCard and American Express credit cards or bank cards. No other payment methods will be accepted. If the project is cancelled by the Customer before it (the project) is completed to quote, a fee for all work completed beyond what was already paid for shall be paid by the client. No deposit amount will be refunded. Although the language is simple, the intentions are serious. By signing the Proposal Agreement, you are agreeing to all that is presented in the Agreement.
Customer work orders will be billed 50% of the estimated project cost when the work begins and the balance will be charged when the work is completed and revisions, if applicable, are requested.
Work Order Payments
Work orders are a minimum of 10 hours. See “Project Payments” above for full terms.
Hosting and App / Extension Licensing Policies
Any app or extension product or custom written application is for use only on a single specified domain and may not be replicated on any other site without the express written consent of Ebizio.
Ebizio will provide customer service and technical support to those Customers who consistently pay on time and follow Ebizio’s billing policies.
Monthly Service Fees and Outstanding Balances
Your first hosting charge or app license charge is due the day we provision your service prorated to the end of the month. After the first month, payments for hosting and app license services are due on the first of each month. All payments will run automatically, and an email confirmation will be sent to the Customer. Ebizio offers the following payment methods: Visa, MasterCard and American Express credit cards or bank cards. No other payment methods will be accepted.
Ebizio Checkout Fees
Your first app license charge is due the day we provision your service with the fee prorated to the start of the next billing period. The full fee will be charged on your billing date every month thereafter. All payments will run automatically, and an email confirmation will be sent to the Customer. Ebizio offers the following payment methods: Visa, MasterCard and American Express credit cards or bank cards. No other payment methods will be accepted.
If a recurring credit card transaction is declined or does not settle by the 3rd of the month, a courtesy late-notice support ticket will be opened and we will email you. It is the Customer’s responsibility to keep their billing information updated. Accounts receiving late notices will be marked “past due” on the 7th of the month. Past due accounts must be settled for the Customer to be eligible for Customer Support.
Past Due Accounts
Any communication regarding outstanding balances will be documented on the support ticket we open on your behalf. Past due accounts will be suspended on the 20th day of the month. A reactivation fee equal to at least one billable hour at our standard hourly rate in addition to any outstanding balance will be charged to reactivate suspended accounts.
Suspended accounts not paid in full by the last business day of the month will be deleted and sent to a third-party collection agency. A collection fee equal to one billable hour at our standard hourly rate will be added to any unpaid balance. Accounts 30-days or more past due are subject to interest at the rate of 1.5% per month or the highest rate permissible by the Commonwealth of Pennsylvania until paid in full. When an account is deleted all data on the servers will be lost and will not be recoverable. Ebizio assumes no responsibility to save for Customer, archive for Customer or deliver to Customer any data files deleted for non-payment. To reactivate service, Customers of deleted accounts must bring past due balances, including interest and collection fees current before signing up as a new Customer.
Unless the Proposal Agreement states otherwise, Customers may request to cancel services at anytime; however a 30 day, written cancellation request is required. This must be submitted via our project management system. Cancellation of any accounts by phone will not be accepted. Since all payments are due on the first of each month, cancellation requests must be received 30 days prior to the next scheduled payment. We will answer all cancellation requests promptly. If a written cancellation notice is not received then the service term will renew automatically.
No refunds on setup or app installation fees will be granted. No refunds on SSL Certificates or Domain Name registrations or renewals will be granted. No refunds will be granted for services terminated due to violations of our Terms, Conditions or Acceptable Use Policies.
Installation of all Secure Socket Layer (SSL) Certificates that are not purchased directly through Ebizio will be billed at our standard hourly rate. SSL certificates that are purchased, installed and managed by Ebizio will be billed at $249.00 per year. We will make every effort to manage renewals but cannot be held responsible if a renewal deadline is somehow missed.
Personal Information Ebizio Collects and How it is Used
Ebizio collects information in different ways from visitors and Customers who access the various parts of our services. We use this information primarily to provide a customized experience as you use our services. Ebizio does not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that law requires such disclosure or other special cases described below.
Customers are asked to provide certain personal information when they sign up for our services including name, address, telephone number, billing information (such as a credit card number). The personal information collected during the registration process is used to manage each Customer’s account (such as for billing purposes). This information is not shared with third parties, unless specifically stated otherwise or in special circumstances. However, in instances where Ebizio and a partner jointly promote the services, Ebizio may provide the partner certain personal information, such as the name and address of persons who subscribed to the services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In this instance, the partner may not use personal information for any other purpose. If you order products or services directly from Ebizio we will use the personal information you provide only to process that order. We do not share this information with outside parties except to the extent necessary to complete that order.
It is Ebizio’s policy not to use or share the personal information about visitors or Customers in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, Ebizio may disclose personal information about visitors or Customers, or information regarding your use of the services or websites accessible through our services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policies or other Customer policies; to operate the services properly; or to protect Ebizio and our Customers. In the event Ebizio goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, Customers’ personal information will, in most instances, be part of the assets transferred.
Effective and Published: 6/11/2021