The terms and conditions set forth by this agreement is a legally binding agreement (”Agreement”) between you, a single entity representing yourself or a single entity with authorization to represent an organization (”Customer”) and Brandon Himpfen Holdings (“Brandon Himpfen“). By communicating with Brandon Himpfen, purchasing or using Brandon Himpfen service, you agree to be bound by the terms of this Agreement. You also agree that you have read, understood and agreed to be bound by the Agreement. Both parties agree that they have the legal ability to enter into this Agreement.
This Agreement is to set terms and conditions that the Customer agrees to in order to use Brandon Himpfen’s service.
Fraud and False Orders
Customer agrees that Brandon Himpfen will use MaxMind fraud detection service to detect fraudulent orders and any Customer receiving 7.50 out of 10 by MaxMind, that service may not be provided, suspended or terminated and the money back guarantee voided.
Any order marked as fraud, as determined by MaxMind or Brandon Himpfen, will not be provided and it is up to the Customer to contact Brandon Himpfen to active or reactive the order.
Definition of Service
Brandon Himpfen will provide service or services that the Customer has fully paid for. Customer agrees that features provided or was listed on the service web page may change. These changes may occur without notification to the Customer.
Customer acknowledges that the nature of service provided and the initial rates and charges have been communicated to the Customer. Customer is aware that Brandon Himpfen may change the specified service rates and charges from time to time. The promotional offer is contingent upon Brandon Himpfen achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment and Fees
Customer agrees to pay Brandon Himpfen before the service will be provided. Subsequent payments are due on the anniversary date of the month for that month’s service. Service will be interrupted on accounts that reach 5 days past due and a 10% late fee will apply on accounts that reach 7 days past due. Accounts not paid by due date are subject to suspension from Brandon Himpfen’s service. All accounts at or past 30 days past due may be terminated. Customer will continued to be billed until the Customer properly cancels their account as outlined by this Agreement.
Brandon Himpfen may temporarily deny service or terminate this Agreement upon the failure of the Customer to pay charges when due.
Fees are listed in US dollars, however the Customer can pay in other currencies. The currency amount must equal the US dollar amount or the service will not be provided.
The Customer will pay $90 per hour for maintenance, repairs, cleanups or fixes that Brandon Himpfen has to do due to the Customer error, responsibility, actions or result.
Customer agrees to pay all charges incurred due to the Customer or the Customer’s service, including charges made by a third party and any legal fees.
Customer agrees that in order to cancel their account, they must contact Brandon Himpfen or by using the cancellation form in the Customer account. If the Customer is unsure of how to cancel or where to cancel they must contact Brandon Himpfen and that their account will remain open, active and billable until proper cancellation as outlined by this Agreement is completed.
Customer also agrees that in order for their account to be cancelled, all outstanding invoices must be paid or their account will remain open, active and billable.
PayPal, Transactions and Subscriptions
All payments will be made through PayPal. Customer is solely responsible for cancelling any transactions or subscriptions payments made through PayPal. Brandon Himpfen will not be responsible for cancelling or maintaining active or inactive subscriptions or transactions through PayPal. If PayPal or financial institution(s) charges the customer due to the transaction(s) or subscription(s), the customer agrees to hold Brandon Himpfen harmless for these fees.
If a payment is made after the Customer cancels their account, Brandon Himpfen will refund that Service fee and no other fee incurred or will incur to or by the Customer.
Refunds may be requested if service has not been provided within the initial 14 days of purchase.
Refunds must be requested within 48 hours of cancellation. Any request after 48 hours will have their refund voided.
Brandon Himpfen provides support to the Customer through the customer control panel.
Brandon Himpfen is not liable for damages or otherwise because the Customer was unable to contact Brandon Himpfen.
Acceptable Use Policy
Customer agrees that acceptable use of the Service shall not violate the Acceptable Use Policy.
Suspension or Termination
Brandon Himpfen is under no obligation to inform the Customer of the service suspension or service termination. If Brandon Himpfen chooses to inform the Customer of the suspension or termination, it will be done by Brandon Himpfen’s Customer control panel.
No credit or refund for a service that is suspended or terminated.
Customer agrees that they are solely responsible for actions committed by the Customer or other individuals who accesses their service or website.
Libel and / or Defamation
Libel and / or defamatory speech and / or words distributed over the Internet can result in civil liability for the defamer and / or libeller.
Refusal of Service
Brandon Himpfen reserves the right at its sole discretion to refuse or cancel service and refund voided. Brandon Himpfen has the right to suspend or terminate any account for as long as Brandon Himpfen wants or deems fit.
Any attempts to undermine, slander, libel, threaten, or cause harm to a Brandon Himpfen server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Threats of Legal Action
Any Customer that threats Brandon Himpfen, it’s subsidairies or employee with legal action, Brandon Himpfen reserves the right to suspend or terminate any or all services with or without notice.
Backup and Data Loss
Customer acknowledges that he or she will make their own backup and the Customer agrees that Brandon Himpfen is not liable for any losses, damages or responsibility for any data that may have been lost or the inability of Brandon Himpfen to restore any service.
If the service provided by Brandon Himpfen to the Customer is suspended. Backups of said service may be provided at a cost. The cost shall be no more than $50 per 15 minutes of work performed by Brandon Himpfen, as well as no more than $0.40 per MB of space used by the backup file.
Brandon Himpfen shall not be liable for damages or losses incurred by of service limitations, limitations imposed by Brandon Himpfen’s service providers or anything that will limit the use of your service.
Brandon Himpfen may grant service credits if such service is not available for at least 99.5% of the time per month, but is under no obligation to do so.
Correct Customer Information
Customer agrees to provide correct and accurate Customer information, including but not limited to their full name, address, zipcode, city, country, phone number or otherwise requested when creating their account.
Customer with invalid or incorrect information regarding themselves, may have their service suspended or terminated with or without notice.
Brandon Himpfen will not be responsible for any damages your business may suffer. Brandon Himpfen makes no warranties of any kind, expressed or implied for services we provide. Brandon Himpfen disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Brandon Himpfen and its employees.
The Customer agrees to keep backups of their service data. Brandon Himpfen can not accept any responsibility for any loss of data or consequences arising from this.
Finally, Brandon Himpfen wishes to emphasize that in accepting services, customers indemnify Brandon Himpfen for the violation of any law or Brandon Himpfen policy, that results in loss to Brandon Himpfen or the bringing of any claim against Brandon Himpfen. This means that if Brandon Himpfen is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Brandon Himpfen, plus costs and reasonable legal fees.
Failure to comply with any of our terms and conditions will result in grounds for immediate account deactivation. Brandon Himpfen reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.
Warranties and Damages
Brandon Himpfen shall not be liable for damages or losses that have arisen due to the service of Brandon Himpfen. The Customer also agrees that the service is offered “AS-IS” basis and comes with no warranties. Brandon Himpfen expressly disclaims all warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose and non-infringement. You assume all risk associated with the quality, performance, and use of the service, including but not limited to risk of service errors, damage to equipment, loss of files and data, or unavailability or interruption of service and operations. You are solely responsible for determining the appropriateness or the service and assume all risks associated with its use.
You agree to indemnify and otherwise hold harmless Brandon Himpfen, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the service or any other matter relating to the service.
Liability and Limitations
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Brandon Himpfen SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE GRANTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL Brandon Himpfen‘S TOTAL CUMULATIVE DAMAGES EXCEED 15.00 US dollars.
If any of the provisions of this agreement are invalid, such provisions shall be considered separate and severable and the remaining provisions shall remain in full force and effect.
This agreement supersedes and invalidates all other commitments, representations and warranties relating to the subject matter hereof which may have been made by the parties either orally or in writing prior to the date hereof, and all of which shall become null and void from the date this Agreement is agreed upon.
This agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
Brandon Himpfen reserves the right to pick in which jurisdiction legal disputes will be handled; initiated by either party.
It is agreed between both parties that neither party shall be held responsible for the damages caused by delay or failure to perform terms of this agreement when the delay or failure is due to fires, strikes, floods, acts of God or the Queen’s enemies, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against.
Cost of Legal Expenses
In the event of a legal dispute or legal action, the Customer will be responsible for all legal expenses incurred, even if the Customer is pursuing the legal action or dispute.
The Customer will pay for any fees or charge incurred because of Brandon Himpfen’s attempt to collect fees or charges that the Customer has not paid for or fees or charges that are remaining.
Changes to the Agreement
Brandon Himpfen reserves the right to modify this agreement at any time, and without prior notice to the Customer.