Terms of Service
The following terms and conditions ("Terms") govern all use of the billabl.co website and all content, services, and products available at or through the website (taken together, our "Services"). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, billabl's Privacy Policy) and procedures that may be published from time to time by billabl (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by billabl, acceptance is expressly limited to these Terms.
1. Children
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
2. Fees, Payment, and Renewal
2.1. Fees
Some of our Services are offered for a fee—such as billabl premium ("Paid Services"). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee or recurring fees. For recurring fees, we'll bill or charge you for in regular intervals (such as monthly, or annually), on a pre-pay basis until you cancel, which you can do at any time from the Billing section of your billabl.co account dashboard.
2.2. Taxes
To the extent permitted by law, or unless explicitly stated otherwise, all fees are inclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future ("Taxes").
2.3. Payment
If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
2.2. Automatic Renewal
To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a billabl.co monthly plan, you will be charged each month.
2.5. Refunds
While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
2.6. Fee Changes
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you can cancel your Paid Service.
3. Responsibility of Visitors
We have not reviewed, and cannot review, all of the material (such as content) posted to our Services by users or anyone else ("Site Materials"), and are not responsible for any Site Materials' content, use, or effects. We do not endorse any Site Materials or represent that Site Materials are accurate, useful, or non-harmful. We also disclaim any responsibility for any harm resulting from anyone's use, purchase or downloading of Site Materials. If you access or use any Site Materials, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Site Materials may be offensive, indecent, objectionable, or include technical inaccuracies, typographical mistakes, and other errors, or violate or infringe the privacy or publicity rights, intellectual property rights, (see section 7 below to submit copyright complaints) and other proprietary rights, of third parties. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes, between you and the provider of any Site Materials. Please note that additional terms and conditions may apply to the downloading, copying, or use of Site Materials.
4. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which billabl.co links, and that link to billabl.co. billabl does not have any control over those non-billabl.co websites, and is not responsible for their contents or their use. By linking to a non-billabl.co website, billabl does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. billabl disclaims any responsibility for any harm resulting from your use of non-billabl.co websites and webpages.
5. Copyright Infringement
As billabl asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by billabl.co violates your copyright, you are encouraged to notify billabl at the contact information below. billabl will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. billabl will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of billabl or others. In the case of such termination, billabl will have no obligation to provide a refund of any amounts previously paid to billabl.
6. Intellectual Property
This Agreement does not transfer from billabl to you any billabl or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with billabl. billabl, billabl.co, the billabl.co logo, and all other trademarks, service marks, graphics and logos used in connection with billabl.co or our Services, are trademarks or registered trademarks of billabl or billabl's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any billabl or third-party trademarks.
7. Changes
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
8. Termination
billabl may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your billabl.co account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties
Our Services are provided "as is." billabl and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither billabl nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
10. Jurisdiction and Applicable Law
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services and all disputes, claims or other matters arising from or relating to your use of our Services will be governed by the laws of England and the United Kingdom. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The proper venue for any disputes arising out of or relating to any of the same will be courts situated in England and Wales and you submit to the jurisdiction of such courts. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
11. Limitation of Liability
In no event will billabl, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to billabl under this Agreement during the twelve (12) month period prior to the cause of action. billabl shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty
You represent and warrant that your use of our Services: (i) will be in strict accordance with this Agreement; (ii) will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United Kingdom or the country in which you reside, privacy, and data protection); and (iii) will not infringe or misappropriate the intellectual property rights of any third party.
13. Indemnification
You agree to indemnify and hold harmless billabl, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of this Agreement, and materials (such as content) that you post.
14. Miscellaneous
This Agreement constitutes the entire agreement between billabl and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of billabl, or by the posting by billabl of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; billabl may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Questions
Any questions about this Terms of Service should be addressed to mail@billabl.co.