YOU SHOULD READ THESE TERMS OF SERVICE CAUTIOUSLY BEFORE YOU USE iBILLING OR ATTEMPT TO ACCESS ANY SERVICES PROVIDED BY CLOUDONEX. THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND CLOUDONEX.
These (the “Terms of Service”) apply to your use of www.ibilling.io (the “Website”) and any purchase or use by you of any services that may be made available to you through it (“Services”).
iBilling reserves the right to amend or update these Terms of Service at any time, with or without notice. Such changes shall take effect immediately and shall apply to all subsequent use by you of the Website or Services.
Accessing the Website
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. iBilling will not be liable to you if for any reason the Website is unavailable at any time or for any period.
Accounts and Passwords
If you choose, or you are provided with, any form of user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must notify us immediately.
Service Provision and End User License Agreement
You agree that the iBilling Software (the “Software”) is supplied by cloudonex, and is licensed under the terms of its End User Licence Agreement (“EULA”) and that the EULA will govern all use of the Software by you. You accept that you have no right to use the Software without agreeing to the terms of the EULA in full.
A Software licence offered to you via the Website may be a ‘Leased Software Licence’ or an ‘Owned Software License’. The licence’s type will affect your rights under it. A licence’s type will be clearly labelled at the point of purchase.
License holders are not permitted to “borrow”, “lend”, “sell” or in any other way transfer licenses or use of the Software to any third parties except in the case of an ‘Owned Software License Transfer’ as detailed below. Any breach by you of this this term of the Terms of Service shall cause all use by you of the Software to be revoked and terminated immediately and without iBilling incurring any liability.
The EULA Agreement is included in the iBilling download package. By installing, copying, or otherwise using iBilling, you agree to be bound by the terms of the EULA.
iBilling Limited reserves the right to refuse service to any individual or organisation at its discretion. iBilling reserves all rights in, and all ownership of the Software.
Payments made in respect of the Software are accepted via both PayPal and Credit Card. Software licenses automatically renew at the conclusion of each month until cancelled.
For all other Services, payments shall be due in advance of any work commencing. iBilling reserves the right to invoice for Services in instalments, with payment being split into multiple payments, including without limitation arrangements whereby 50% of the price is paid prior to any work commencing, and the remainder is invoiced upon completion.
Should iBilling receive a chargeback or disputed payment, all services will be revoked until any disputed amounts have been repaid plus any fees incurred.
All licenses shall be issued instantly upon iBilling receiving to its satisfaction confirmation of receipt of payment from the chosen gateway processor. Should your payment be identified as fraudulent or otherwise unlawful, irregular or contrary to this Terms of Service or our EULA, the relevant license will be suspended and you will be liable to repay the relevant amount any fees incurred (including for the avoidance of doubt, any relevant payment processing fees).
Our professional setup & installation services usually take between 24 & 48 hours to complete, but this is not a guaranteed turnaround time, and at peak times such as new releases, they may take longer.
Refunds are only issued for Software failure (where the Software materially fails to perform in accordance with its specification). Refunds are not issued for server failure/issues, lack of features, lack of technical sophistication or if your server does not meet the Software Requirements. Refunds are determined on individual circumstances and only issued once our technical staff determines that iBilling has a fault causing it to not run on your server. Installation charges are not refundable under any circumstances. Refunds are not available after 1 month from the purchase date.
License Transfer Policy
iBilling does not permit to be re-sold or transferred however, if the licence holder do not use that further then in that special occasion he/she may sale or transfer that very licence to one person only pursuant to the terms of transfer set out in the EULA. Owned Software Licenses are not eligible for transfer until at least 3 months have passed from the date of purchase. Owned Software Licences obtained via a reseller are excluded from this policy and are not eligible for any re-sales or transfers. Leased Software Licences cannot be re-sold or transferred under any circumstances.
Before any sale or transfer, please contact us to verify eligibility of your license key. Upon request of the transfer, we will issue an invoice for the license transfer fee (currently $20). Once paid, we will request from you the name, email address and details of the new owner for the license to be transferred to. All transfers are final and cannot be reversed.
Addons may be transferred between licenses within your own client account but not resold or transferred to other accounts.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Copyright laws and treaties around the world protect those works. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
The Website and the Software contain references to many companies that the Software is integrated with for payments and other related services. iBilling and the iBilling logo are trademarks of cloudonex. All rights reserved.
No reliance on information
The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply, to our site or any content on it, whether express or implied.
We will not be liable to any user of the Website for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website.
- Under no circumstances shall iBilling be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are using this Website as a consumer, please note that you are expressly prohibited from using the Website for any purpose other than commercial or business purposes.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
Communications from iBilling
The Service may include certain communications from iBilling, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy iBilling in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by iBilling to the complainant.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of iBilling; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant iBilling the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for iBilling’s commercial, marketing or any similar purpose. But you grant iBilling permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that iBilling will have the right to block access to or remove such content made available by you if iBilling receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by iBilling for this purpose.