Copyright © 2014 Far Beyond Code LLC
Everyone is permitted to copy, modify and distribute unsigned, template copies of this document including the right to remove this copyright message.
Company: Far Beyond Code LLC, A Florida Corporation
Company Web Site: https://www.farbeyondcode.com/
Client: You and/or the original account holder assigned this User ID by the Company.
The Client and the Company must both sign the Client Master Terms Of Service Agreement prior to the Client being provided these subscription services offered by the Company.
The Client agrees that they have 1) received permission from the owner of the User ID listed above to make decisions related to this account, or 2) are the owner of the email account for the User ID listed above.
The Company's software & subscription services are provided under a limited license, not SOLD to the Client.
The Company provides services to the Client through a mandatory subscription service that requires a monthly or longer payment term for continued access to the services beyond any trial period offered to the Client.
In order to continue to use the service, the Client agrees to pay the Subscription Fee within 15 calendar days of being invoiced or the online services for their account may be deactivated until payment is received.
The Company may choose to archive or delete its customer accounts that have been inactive or whom have asked to cancel their account. In some cases, the Company may assess a reactivation fee if the Client's web site is no longer compatible with the service and needs to be restored to a working state after any period of being deactivated due to prior cancellation or non-payment.
The Client is responsible for the payment and timely renewal of their domain(s), SSL certificate(s) and any related third party service(s) in order for the subscription services to continue to be available and function correctly.
The Company is entitled to be reimbursed by the Client for any purchases made on their behalf provided the Client is provided any applicable receipts for such purchases.
Should a temporary disruption of the Company's online services occur, the Client agrees that there is no refund or other compensation provided by the Company for this disruption.
Should the online services provided by the Company become unavailable for 5 or more consecutive calendar days, the Client agrees that the Company's liability will be limited to no more then the current month's subscription fee.
The Client agrees that the Company is not responsible for any damages, claims or loss of business related to the availability of the online services.
The Client agrees that any services offered to customize the online services to the Client's requirements are contracted separately from this agreement, and any failure to perform those services by the Company or its assistants will not cause this subscription agreement to be terminated, discounted or otherwise modified.
The Company, at its sole discretion, may add, change or remove anything provided as part of the Company's subscription services including changes to the software, the hardware and physical location of the hosting environment.
The Company may modify this agreement at any time with or without notice.
The Company may increase or decrease the price of the subscription service at any time as long as the Client is provided advance notice of the price change at least 15 calendar by email, phone, or in person.
If the Client is enrolled in an auto-pay subscription, the Company may increase or decrease the next payment automatically provided that the Client was provided 15 calendar notice by email, phone or in person.
The first time the Client accesses the services after a change to this agreement has been made, the Client may be prompted to accept the revised agreement. If the Client doesn't accept the new agreement, the Client's User ID and all other users on that account will be denied access to their account and related services until the agreement is accepted.
The Client agrees that these changes will occur and they won't be given the option to delay, refuse or prevent these changes to the service.
This Agreement is effective until terminated. The Client may terminate this agreement by notifying the Company, which will in turn deactivate the Client's access to the subscription services.
If the Client is unhappy with the terms of this agreement and/or the related services, the Client has the right to cancel their subscription with the Company at any time. The Company requires at least 3 business days notice to ensure any automatic payments are cancelled to avoid further charges to the Client's account. If the Client has other agreements with the Company at the time of cancellation, the Client needs to refer to the terms of cancellation in those agreement for additional information.
The Company also reserves the right to discontinue offering our online services at a later date. The Company will provide at least 30 calendar days written notice prior to discontinuing our online services so users have some time to move the data and services to another vendor. The Company doesn't make any claim regarding the ease of migration, nor guarantee the availability of automated or manual services to assist with this migration.
Additionally, parts of the service are licensed under different terms, and if the Client were ever to be delivered a copy of their project to receive services through a different company, the Client would be provided with a list of licenses and terms that must be abided to. The Client agrees to pay any additional charge determined by the Company related to assistance with migrating, packaging and documenting the information needed to host the project elsewhere.
This service is provided "as is" and "as available". The Company makes no guarantee regarding the availability of the service. The accuracy of information of the content and software features of the web site is not guaranteed to be accurate or error-free. Should the Client encounter errors or omissions while using the online services, they should report them to the Company immediately.
The Company provides no assistance or accept any liability for claims or damages that are incurred by users as a result of their use of our service, its availability or it's accuracy to the maximum extent permitted by law. In any situation where the Company is found liable, our total liability would not exceed the total fees subscription fees paid by the Client for the 6 months immediately prior to the time the claim was made.
The Client hereby agrees to defend, indemnify and hold harmless the Company and affiliates, from and against any claim, liability, injury, damage, loss or expense (including reasonable attorneys' fees) incurred as a result of, arising from, or relating to the Client's use of the online services.
Should a delay or failure to perform due to a cause outside the Company's control, the Client will not hold the Company liable. This includes circumstances including but not limited to natural disasters, resource shortages, government/military action, acts of God, accidents, war and riots.
The Company may with or without notice disclose personally identifiable information about the Client due to a legal process that demands this information.
The Client consents that the Company has permission to monitor, record information, and otherwise review the Client's account in the normal course of doing business and to ensure compliance with the agreement.
The Client is responsible for all costs related to accessing the service including data plan and Internet access.
If the Client breaches this agreement, they agree the Company would be damaged in way that can't be repaired, and the Company will be entitled to seeking appropriate legal remedies according to applicable law.
The Client agrees to first attempt to resolve any dispute with the Company related to this agreement informally for at least thirty calendar days before beginning any court related proceeding against the Company. If the dispute is unable to be resolved informally, the prevailing party in any ensuing litigation will be entitled to recover from the other party all the attorneys' fees and costs incurred by the prevailing party.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Florida or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the rules of the selected arbitrator. An award of arbitration may be confirmed in a court of competent jurisdiction.