Last Updated: 01/01/11
This Service Agreement (‘Agreement’) is by and between Accelerator Enterprise Technologies (DBA “BizKicker”) and you, your heirs, assigns, agents and contractors (‘You’) and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of BizKicker’s services (“Service” or “Services”) and represents the entire agreement between You and BizKicker. By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which BizKicker may establish from time to time.
1. FEES
As consideration for the services purchased by You and provided to You by BizKicker, You agree to pay BizKicker a one time non-refundable setup fee as well as a monthly non-refundable flat fee for the use of the Service. If Your BizKicker sign-up is approved, You will receive confirmation of the establishment of Your account via email and Your card will be charged at that time for account setup and your first month’s service. Your monthly billing date will be determined based on the day of the month You establish Your relationship with BizKicker unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. Payment is to be made by You providing a valid credit card for charge by BizKicker, and is non-refundable. If for any reason BizKicker is unable to charge your credit card with the full amount of the service provided, or if BizKicker is charged back for any fee it previously charged to the credit card You provided, You agree that BizKicker may pursue all available remedies in order to obtain payment. If You provide BizKicker inadequate or inaccurate information as part of Your account set up and do not remedy same within 30 days of Your online sign-up, You will be charged an additional set up fee at the time of completion of Your account set up.
You agree that You will be responsible for notifying BizKicker should you desire to terminate Your use of the Service. Notification of Your intent to terminate must be provided no earlier than ten (10) days prior to Your billing date but no later than three days prior to Your billing date. In the absence of notification from You, BizKicker will automatically continue Services indefinitely and will charge the credit card You have on file at BizKicker’s then current rates. It is Your responsibility to keep your credit card information current, including the expiration date and CVS (address verification) code. In the event that your payment is not received, Services will terminate within ten (10) calendar days unless remedied by you prior. Resubmission of payment information can be made via the same sign-up procedure You used to establish Service. In the event You choose to terminate Your account, You agree to inform BizKicker immediately and your Services will be terminated immediately, with all current charges immediately due and payable.
2. TERM OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force and effect as long as BizKicker is providing Services to You. You agree that BizKicker may modify this Agreement from time to time. BizKicker reserves the right to establish Service with You. BizKicker may also discontinue Services it provides under this Agreement. You agree to be bound by any changes BizKicker may reasonably make to this Agreement when such changes become effective.
3. DESCRIPTION OF SERVICE
BizKicker currently provides services to its customers in consideration of a non-refundable setup fee as well as a monthly fee. Services include monthly website hosting and online marketing services as described on the BizKicker website. BizKicker allows you to use its systems to promote your products and services on BizKicker’s servers, provided, however, You abide by the terms and conditions set forth herein and in each of BizKicker’s policies and procedures. You are responsible for ensuring that Your BizKicker website conforms to all local, state, federal, and international laws. You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by BizKicker. The installation as well as the customized BizKicker website is the sole property of BizKicker, and is not transferable for any reason, including cancellation of Service.
4. YOUR OBLIGATIONS
You agree that You have provided accurate, current and complete information in the application process and that You will notify BizKicker within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by BizKicker to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if BizKicker has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, BizKicker has the absolute right, in its sole discretion, to terminate its services and close Your account. You warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name. BizKicker has the absolute right, in its sole discretion, to terminate its services and close Your account. You shall be responsible for collecting and paying all taxes of a transactional nature, including but not limited to gross receipts, sales and use taxes that may be required in the jurisdiction(s) where you are registered, located, or conducting business. You are responsible for compliance with all applicable federal, state and local laws, including but not limited to taxation. BizKicker is not responsible for your failure to meet any and all notice requirements and redemption periods that may be required by law. You agree to abide by the following terms and conditions related to payment: 1) You shall indemnify and hold BizKicker harmless from any relevant bank fees, bank charges, charge-backs or any other fees, charges or penalties related to your use of the Service. 2) BizKicker is not responsible for fraudulent charges or illegal activity over the Internet while using the Service.
5. BIZKICKER’S RIGHTS
BizKicker explicitly reserves the right and sole discretion to: a. Modify its pricing through email notification; b. Refuse establishment of the Service for any reason; c. Terminate Your service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of fees; and other activities whether lawful or unlawful that BizKicker determines to be harmful to its other customers, operations, or reputation. You agree to indemnify and hold harmless BizKicker for any complications arising out of Your use of the Services. You agree You will not be entitled to a refund of any fees paid to BizKicker if, for any reason, BizKicker takes corrective action with respect to Your improper or illegal use of its Services.
6. DISPUTE RESOLUTION POLICY
You agree that if a dispute arises as a result of your use of BizKicker Services, You will indemnify, defend and hold BizKicker harmless for damages arising out of such dispute.
7. LIMITATION OF LIABILITY
You agree that BizKicker’s entire liability to You under this Agreement, and Your only remedy, in connection with any Service provided to You under this Agreement, and for any breach of this Agreement by BizKicker, shall be limited to the fees You paid to BizKicker for Services.
8. INDEMNITY
You agree to release, defend, indemnify and hold harmless BizKicker and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney’s fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with BizKicker and/or Your use of the Services provided by BizKicker.
9. DISCLAIMER OF WARRANTIES
BIZKICKER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. SEVERABILITY
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
11. VENUE; WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF CALIFORNIA. THE LAWS AND JUDICIAL DECISIONS OF LOS ANGELES COUNTY, CALIFORNIA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF LOS ANGELES COUNTY, CALIFORNIA. YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
12. NOTICES
You agree that all notices (except for notices concerning breach of this Agreement) from BizKicker to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with BizKicker. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to BizKicker shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
Boomcycle
8605 Santa Monica Blvd #19760
Los Angeles, California 90069