Terms of Service

TOS applies automatically to all brandvertiseme.com clients upon registration to the Services. BY SUBSCRIBING TO brandvertiseme.com SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on the web site.

General  
brandvertiseme.com agrees to provide services described on the website to the customer subject to the following Terms of Service (TOS). Use of brandvertiseme.com services constitutes acceptance and agreement to these Terms Of Service and all attachments. brandvertiseme.com will make all reasonable efforts to provide a quality service to the Customer.

Privacy  
brandvertiseme.com  will use the customer's personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed.

Installation, removal, replacement, maintenance and access to equipments  
brandvertiseme.com is the owner of the equipment used by the customer and grants a licence to use this equipment. The Customer has no rights on the equipment. Physical access to the equipment by the Customer is strictly prohibited.

Immediate Threats  
If, in the determination of brandvertiseme.com , acting reasonably, the Equipment, software or hosted applications used by the customer or the activities of the customer poses an immediate threat to the physical integrity of the Premises or the physical integrity or performance of the equipment or network of brandvertiseme.com  or any other user of the Premises, or poses an immediate threat to the safety of any person, then brandvertiseme.com  may perform such work and take such other actions that it may consider necessary without prior notice to the Customer and without liability for damage to the Equipment or Data for any interruption of the Customer's (or its customers') businesses. As soon as practicable after performing such work, brandvertiseme.com will advise, by email, the Customer of the work performed or the action taken.

Insurance  
Under no circumstances will brandvertiseme.com be obligated to provide insurance coverage for any Equipment or data owned by the customer and hosted in the Premises.

If the Customer is in default  
If the Customer is in default of any of its obligations under this Agreement, then brandvertiseme.com  may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space, (ii) if the Customer's default is non-payment of any sums due to brandvertiseme.com , exercise all the rights and remedies of a secured party under applicable law.

Billing and termination  
Automatic billing is authorized by the user using a third party payment processor as: Paypal or Alertpay.  Subscription will indicate a payment for: BrandVertise.ME

Payments  
The Customer will pay Recurring Monthly Fees specified in the package purchased Recurring Monthly Fees will be payable in advance. All other fees and the cost will be payable monthly and payment due on the renewal date.
 

Term and termination
The term of this Agreement shall begin upon the date the subscription is initiated by the buyer. If no commitment is stated, the term will be of 1 month. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party.

Cancellation requests must be made using the "Help Desk" alternatively, users can log into their payment processor (Paypal or Alertpay) and cancel the subscription, which will, in-turn, cancel their account with BrandVertise.ME
 

Payment obligation  
Upon account activation, brandvertiseme.com reserves space, equipment and resources for the customer's needs. The Customer must pay its account even if he is not making any use of it.
 

Guaranteed network availability  
brandvertiseme.com will provide 100% transit to the Internet to all the customers who have purchased said service from brandvertiseme.com.
 

Other warranties  
brandvertiseme.com will not be liable to any extent whatsoever for interruption, restriction, inoperability or malfunction of any Service(s) which is not caused solely by a breach of the warranties set forth in this Section. brandvertiseme.com expressly reserves the right to suspend, interfere with, impair or terminate Service(s) as necessary for purposes of maintenance, upgrades or repair (either by brandvertiseme.com or by any supplier, partner or independent contractor of brandvertiseme.com.) or in the event of any circumstance which brandvertiseme.com , in its sole discretion, deems necessary or desirable to prevent or remedy an impairment of, or harm to, the integrity or functionality of any Service(s) or any plant, services or facilities of any Indemnitees or of any third party, and neither the exercise nor the non-exercise of the foregoing rights or discretion shall constitute a breach of any provision of this Agreement.
 

EXCEPT AS SET FORTH IN THIS SECTION AND THE ABOVE GUARANTEES brandvertiseme.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH RESPECT THERETO ARE HEREBY EXPRESSLY DISCLAIMED.
 

Limitation of Liability  
THE CUSTOMER ACKNOWLEDGES THAT brandvertiseme.com WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES' ACTS, EQUIPMENT, SOFTWARES, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF brandvertiseme.com 'S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO brandvertiseme.com UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL brandvertiseme.com  BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.
 

Force Majeure  
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected ("Force Majeure"). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
 

Backup copies  
brandvertiseme.com will make all possible efforts to provide a backup mechanism and keep complete backup copies of all BV Bars However, the customer must keep a personal backup copy of its software, sites, databases and all hosted content. brandvertiseme.com should not be held responsible of any loss of data or data corruption.
 

Responsibility for Content  
The customer is solely responsible for the content shown via his/her BV Bar. Adult content or Warez content strictly prohibited!
 

Entire Agreement.  
This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, brandvertiseme.com MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties' rights and obligations.
 

Changes and rights  
brandvertiseme.com may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that brandvertiseme.com  may impose from time to time, provided that the Customer has been given 30 days notice.