Share This Post
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services.
FEES, PAYMENT, AND RENEWAL
- Ordering; pricing. Our Services are offered for a fee. You must provide accurate and up-to-date payment information and sufficient funds or credit available on your payment method to ensure that the purchase price will be collectible by us.
When you submit an order, you authorize us to charge your designated payment method for the full amount, including the price, taxes and any other displayed costs. All prices on the Services are subject to change at any time, but changes will not affect any order for Services you have already placed except that price changes for auto-renewing subscriptions will take effect when indicated in our email notice to you.
Prices shown on the Services exclude all taxes. Any taxes or other additional costs we charge will be added to the amount of your purchase on the check-out page. You will have an opportunity to review taxes and costs we charge before you confirm your purchase. When you submit an order, you authorize us to charge your designated payment method for the full amount, including the price, taxes and any other displayed costs. All prices on the Services are subject to change at any time, but changes will not affect any order for Services you have already placed except that price changes for auto-renewing subscriptions will take effect when indicated in our email notice to you.
Your order is not binding on BionicWP until accepted and confirmed by BionicWP. BionicWP reserves the right to not process or to cancel your order in certain circumstances as the company see fit, for example, if your payment method is declined, if we suspect the request or order is fraudulent, or in other circumstances BionicWP deems appropriate in its reasonable discretion. From time to time, we may receive updated information from your issuing bank or applicable payment service provider about any payment card or method you have stored in your account (or, in the case of an existing subscription, the payment card or method you provided to us at the time you signed up for such subscription), and you hereby authorize us to use such updated information to charge (or, in the case of an existing subscription, to continue to charge) that payment card or method.
- Taxes. You are responsible for all federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”) related to your transactions. We may not collect Taxes on Services if you enter a billing address in a jurisdiction in which we do not have a substantial nexus. In such cases, you will be liable to the appropriate taxing authority for any Taxes relating to your purchase of Services.
- Auto-Renewing Subscriptions
Some Services automatically renew as recurring subscriptions. The then-current price and subscription period for each subscription you purchase will be shown to you at the time of purchase. If you subscribed during a promotion, used a coupon code, or otherwise received a discount, your subscription will automatically renew for the full price of the subscription at the end of the discount period.
By enrolling in a subscription, you authorize the subscription fee (and any applicable taxes) to be automatically charged to your designated payment method for each subsequent subscription period until you or we cancel the subscription or the subscription was cancelled for other reasons.
You must cancel your subscription at least twenty-four (24) hours before the end of your current subscription period in order to avoid being charged for the next subscription period.
You can modify your payment method or cancel your free trial by following the instructions provided in the confirmation email sent after you signed up or by visiting the website of the relevant Paid Service.
- Refunds. Refunds are issued in our sole discretion.
- You will provide us with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on our part. We shall make no effort to validate this information for content, correctness, or usability.
- Use of our Service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of your Webspace.
- The following examples are offered:
- Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, graphics, text, sound, image mapping, etc.
- We will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms.
- We reserve the right to police our network to verify compliance with all agreed upon Terms.
- You agree to cooperate in any reasonable investigations into your adherence to all agreed-upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/Services.
- We reserve the right to disconnect any website or server deemed to present a security threat to our customers, servers, or network.
- The opening of multiple accounts or Plans in order to bypass any restrictions or overage charges we set forth is grounds for termination of all Services.
- We make no warranties or representations of any kind, whether expressed or implied for the Services we provide. We also disclaim any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by you, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or your omissions. Use of any information obtained by way of BionicWP is at your own risk, and we specifically deny any responsibility for the accuracy or quality of information obtained through our Services. Connection speed represents the speed of a connection and do not represent guarantees of available end to end bandwidth. We expressly limit our damages to you for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
- We specifically deny any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, we may, at our option and at any time, reject this material, including but not limited to after it has been put on BionicWP’s Servers. We agree to notify you immediately of our refusal of the material and afford you the opportunity to amend or modify the material to satisfy our needs and/or requirements. If you fail to modify the material, as directed by us, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
TRADEMARKS & COPYRIGHTS
- You warrant that you have the right to use the trademarks and copyrights applicable to all content and/or products being made available through your account.
HARDWARE, EQUIPMENT, & SOFTWARE
- You are responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access BionicWP.
- We make no representations, warranties, or assurances that your equipment will be compatible with our Services.
- This Agreement may be terminated by either party, without cause, by giving the other party 14 days written notice. We will accept termination by electronic mail. Notwithstanding the above, we may terminate Services at any time, without penalty, if you fail to comply with these Terms, including non-payment. We reserve the right to charge a reinstatement fee.
- You expressly agree that use of BionicWP Services is at your sole risk. Neither BionicWP, its employees, affiliates, agents, third party information providers, merchants licensers, or the like, warrant that BionicWP Services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through BionicWP, unless otherwise expressly stated in this Agreement.
- Under no circumstances, including negligence, shall BionicWP, its offices, agents or any one else involved in creating, producing or distributing BionicWP’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the BionicWP Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to BionicWP’s records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content on BionicWP Services.
- Notwithstanding the above, your exclusive remedies for all damages, losses, and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which you paid during the term of this Agreement and any reasonable legal fee and court costs.
- You agree that you shall defend, indemnify, save, and hold BionicWP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against BionicWP, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold harmless BionicWP against Liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with BionicWP’s Server by you;
- any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
- copyright or trademark infringement by you;
- any defective product which you sold.
US ECONOMIC SANCTIONS
You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC’s Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause BionicWP to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.
Please note that our Services are intended for commercial use and you acknowledge that your use is that of a representative of a business (as defined by applicable law) and not that of a consumer.
Revisions to this Agreement will be considered agreed to by you on renewal of Service as specified in Section – Financial Arrangements.
You may not transfer this Agreement without our written consent.
These Terms constitute the entire Agreement and understanding of the parties. Any changes or modifications to these Terms thereto are agreed to by the both parties upon renewal of Services.