Terms of Service
Last update September 14, 2015
Clear, concise and easy to understand communication is very important to the long term success of our business. BSI primary means of communication is email. BSI strongly recommends Customer add BSI domains listed below to SPAM software, Email client software, white lists, junk list rules etc., and do whatever is necessary to ensure delivery and receipt of BSI email. BSI cannot be responsible for delivery of email due to the nature of email delivery and things out of BSI control.
2. Contact Information
Customer agrees to provide BSI with a valid email address(s) for important and legally required communications. Customer agrees to update BSI as needed to ensure communication and further agrees that BSI is not responsible for undelivered email, out of date email addresses, changed email addresses, changed systems or any other issue that may prevent email form being delivered. BSI's e-mail communications will be considered received by the Customer when they are transmitted by BSI.
3. Pricing and Fees
Customer net pricing can be found at http://www.brightstores.com/pdf/BrightStores_Distributor_Pricing_Net_06.01.2015_with_Header and_Page_Numbers.pdf. BSI reserves the right to change the pricing and fees and will notify Customer of such changes in accordance with paragraph 2.
4. Invoicing and Payments
A valid credit card is required for all accounts. BSI will send an invoice notice to Customer via email only to the email address provided by Customer (see paragraph 2). Payments for Products and Services will be made by Customer via Credit Card, Automatic Billing via Credit Card or ACH.
a. Credit Card payments can be made online at https://billing.brightstores.com. We do not accept credit card payments over the phone.
b. Automatic Billing via Credit Card can be set up by completing the online form at https://billing.brightstores.com.
c. Clients who sign up for monthly services such as Hosting or Support are required to enroll in BSI Auto-Pay which can be found at https://billing.brightstores.com.
d. BSI does not provide refunds.
Payments that are not received within 15 days from the date of the invoice will be considered Past Due. Payments that are not received within 28 days from the date of the invoice will be considered Late and are subject to $35 late fee. Late fees are assessed to any Customer who has an unpaid invoice even if the invoice is partially paid. Late fees are assessed to invoices with unpaid late fees. Unpaid late fees are subject to additional late fees and account deactivation. LATE FEES ARE NOT REFUNDABLE.
By Customer: All accounts can be cancelled by the Customer at any time by sending an email to email@example.com. BSI will not accept cancellation via phone, fax or any other method including email to any other account. Customer will receive a return email confirming account cancellation. No refunds for payments already received will be given to the Customer.
By BSI: All accounts can be cancelled by BSI at any time by sending an email only to the email address provided by the Customer (see paragraph 2). No refunds for payments already received will be given to the Customer.
7. License Rights
BSI retains all proprietary rights in, and to, its software and other proprietary materials such as copyrights, trademarks, trade secrets, patents and confidential information. BSI does not grant the Customer any rights in, or to, the software or other BSI proprietary material. During the term of this Agreement, BSI hereby grants the Customer a non-exclusive license to use the BSI software. Upon termination of this Agreement, the Customer shall be prohibited from using BSI's software or proprietary materials in any manner or form.
8. No Assignment - Sub License
Customer may not transfer, license or provide another person or company access to use the BSI software.
9. Software Performance
BSI will make best efforts to provide an error free smooth and fast running BSI software system.
10. Service Level Commitment
BSI utilizes dedicated Windows and Linux servers and firewalls in multiple datacenters to provide product and services. BSI aims to provide a high quality reliable service based on its own infrastructure of servers and software and will use its best efforts to provide 100% uptime. Scheduled and non-scheduled server maintenance and upgrades can take the system off-line which will make the system unavailable (collectively referred to as "server maintenance events"). BSI will use its best efforts to notify Customer of these server maintenance events, but it may not always be practical to do so. In addition BSI may from time to time use third party suppliers and BSI is unable to predict or guarantee service level commitments in respect to third party suppliers. The shared hosting products are priced very competitively and contain many variables that can affect performance and uptime and therefore BSI does not guarantee service in any shared environment.
11. Customer's Duties and Obligations
Customer represents and warrants that:
a. Customer's content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation.
b. Customer's content does not infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person.
c. Customer owns its content and all proprietary or intellectual property rights therein, or has express written authorization from the owner to copy, use and display the content on and within its Web Site.
d. Customer warrants that its Web Site will not be used in connection with any illegal activity.
e. Customer warrants that it shall not engage in any harmful activities, including, but not limited to, traffic bursting.
f. Client warrants that its Web Site will not contain any abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious content.
12. BSI Software Updates
BSI will endeavor to provide the very best BSI software experience for the Customer, such as providing the Customer with BSI software updates. The Customer acknowledges that certain BSI software updates may conflict with the Customer supplied custom code and that any such conflicts are solely the Customer's responsibility and under no circumstance shall BSI be responsible for resolving those conflicts or in any way be liable therefor.
13. Customer Service
BSI makes great efforts to ensure the very best Customer Service for all Customers. Customer Service is defined as providing support and answers to questions relating to how the BSI software system works. BSI does not provide customer service for other software systems or the internet. Customer Service is available for Customers only and is not available without prearranged agreement for service of Customer's end users. Customer Service is provided as follows:
a. Telephone is available from 8:00am to 5:00pm Mountain Standard Time
b. Email is available from 8:00am to 5:00pm Mountain Standard Time
c. Live Chat is available from 8:00am to 5:00pm Mountain Standard Time
d. Support Ticket system is available 24 / 7/ 365
e. Video support is available 24 / 7 / 365
f. Knowledge Base is available 24 / 7 / 365
14. Professional Services
The Professional Services listed below are a-la cart and are not included in any monthly fees. Many services requests are very small in nature such as a graphic design or data entry change. In an effort to minimize expense for Customer, BSI will not provide a written quote for Professional Services requests unless a written quote is requested. Customer understands and agrees that all service requests are billable and Customer agrees to pay for the Professional Services in accordance with the rate schedule listed below, which BSI reserves the right to change in the future by notifying the Customer in accordance with paragraph 2.
a. Data Entry @ $35 per hour
b. Graphic Design@ $ 85 per hour
c. Site Building @ $ 65 per hour
d. Site Consulting @ $95 per hour
e. Custom Programming @ $195 per hour
15. Liability Limitations
The goods and services provided by BSI are provided AS IS, WITHOUT WARRANTY OF ANY KIND TO CUSTOMER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; AND 7) TITLE. CUSTOMER AGREES THAT ANY EFFORTS BY BSI TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY BSI WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CUSTOMER FURTHER AGREES THAT BSI SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF BSI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. MODIFICATIONS MADE TO CUSTOMER'S WEB SITE BY CUSTOMER OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Customer. In such jurisdictions, BSI's liability is limited to the greatest extent permitted by law. Acceptance of delivery of goods or services shall constitute a waiver and release of BSI by Customer for any claim for damages, setoff, discount or other liability on account of delay.
16. Use of Customer's Information and Content.
During the term of this Agreement, the Customer hereby grants BSI a non-exclusive license to use the Customer provided information and content, including Customer's trademarks and copyrights.
18. Governing Law and Jurisdiction
The construction, validity and performance of this Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado. The parties agree that venue and jurisdiction for any litigation arising out of, related to, or regarding the validity of, this Agreement shall lie in the County of Jefferson, State of Colorado. In the event of litigation the prevailing party shall be entitled to an award of attorney's fees and costs, including expert witness fees.
19. Entire Agreement
This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto.
If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired, and shall continue in full force and effect.
21. Our Right to Suspend or Terminate Services
We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for the following: (a) late payment; (b) high volume traffic; or (c) harassing/threatening/abusing/offending our employees or agents.
BSI reserves the right at any time to modify these Standard Terms and Conditions and to impose new or additional terms or conditions on your use of BSI systems and services. Such modifications and additional terms and conditions will be effective immediately and incorporated into these STC. Your continued use of the BSI Service's will be deemed acceptance thereof.