Enterprise Software System Terms and Conditions


Last update September 14, 2015

1. Communication

Clear, concise and easy to understand communication is very important to the long term success of our business. BSI primary means of communication is email. BSI strongly recommends Customer add BSI domains listed below to SPAM software, Email client software, white lists, junk list rules etc., and do whatever is necessary to ensure delivery and receipt of BSI email. BSI cannot be responsible for delivery of email due to the nature of email delivery and things out of BSI control.
a. brightstores.com
b. mail.brightstores.com

2. Contact Information

Customer agrees to provide BSI with a valid email address(s) for important and legally required communications. Customer agrees to update BSI as needed to ensure communication and further agrees that BSI is not responsible for undelivered email, out of date email addresses, changed email addresses, changed systems or any other issue that may prevent email from being delivered. BSI's e-mail communications will be considered received by the Customer when they are transmitted by BSI.

3. Invoicing and Payments

A valid credit card is required for all accounts. BSI will send a notice of invoice to Customer via email only to the email address provided by Customer (see paragraph 2). Payments for Products and Services will be made by Customer via Credit Card, Automatic Billing via Credit Card or ACH.
a. Credit Card payments can be made online at https://billing.brightstores.com. We do not accept credit card payments over the phone.
b. Clients who sign up for monthly services such as Hosting or Support are required to enroll in BSI Auto-Pay which can be found at https://billing.brightstores.com.
c. BSI does not provide refunds.

4. Terms

All Customers are automatically granted Net 15 day terms. No other terms are available. Payments that are not received within 15 days from the date of the invoice will be considered Past Due. Payments that are not received within 28 days from the date of the invoice will be considered Late and are subject to $35 late fee. Late fees are assessed to any Customer who has an unpaid invoice even if the invoice is partially paid. Late fees are assessed to invoices with unpaid late fees. Unpaid late fees are subject to additional late fees and account deactivation. LATE FEES ARE NOT REFUNDABLE.

5. Termination

By Customer: All accounts can be cancelled by the Customer by giving sixty (60) days notice by sending an email to cancel@brightstores.com. BSI will not accept cancellation via phone, fax or any other method including email to any other account. Customer will receive a return email confirming account cancellation. No refunds for payments already received will be given to the Customer.

By BSI: All accounts can be cancelled by BSI at any time by sending an email only to the email address provided by the Customer (see paragraph 2). No refunds for payments already received will be given to the Customer.

6. License Rights

BSI retains all proprietary rights in, and to, its software and other proprietary materials such as copyrights, trademarks, trade secrets, patents and confidential information. BSI does not grant the Customer any rights in, or to, the Software System or other BSI proprietary material. During the term of this Agreement, BSI hereby grants the Customer a non-exclusive license to use the BSI Software System. Upon termination of this Agreement, the Customer shall be prohibited from using BSI's Software System or proprietary materials in any manner or form.

7. No Assignment - Sub License

Customer may not transfer, license or provide another person or company access to use the BSI Software System.

8. Software System Performance

BSI will make best efforts to provide an error free smooth and fast running BSI Software System.

9. Customer's Duties and Obligations

Customer represents and warrants that:
a. Customer's content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation.
b. Customer's content does not infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person.
c. Customer owns its content and all proprietary or intellectual property rights therein, or has express written authorization from the owner to copy, use and display the content on and within its Web Site.
d. Customer warrants that its Web Site will not be used in connection with any illegal activity.
e. Customer warrants that it shall not engage in any harmful activities, including, but not limited to, traffic bursting.
f. Client warrants that its Web Site will not contain any abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious content.

10. BSI Software System Updates

During the term of this Agreement, BSI will endeavor to provide the very best BSI Software System experience for the Customer, such as providing the Customer with BSI Software System updates. The Customer acknowledges that certain BSI Software System updates may conflict with the Customer supplied custom code and that any such conflicts are solely the Customer's responsibility and under no circumstance shall BSI be responsible for resolving those conflicts or in any way be liable therefor.

11. Customer Service

BSI makes great efforts to ensure the very best Customer Service for all Customers. Customer Service is defined as providing support and answers to questions relating to how the BSI Software System works. BSI does not provide customer service for other software systems or the internet. Customer Service is available for Customers only and is not available without prearranged agreement for service of Customer's end users. Customer Service is provided as follows:
a. Telephone is available from 8:00am to 5:00pm Mountain Standard Time
b. Email is available from 8:00am to 5:00pm Mountain Standard Time
c. Live Chat is available from 8:00am to 5:00pm Mountain Standard Time
d. Support Ticket system is available 24 / 7 / 365
e. Video support is available 24 / 7 / 365
f. Knowledge Base is available 24 / 7 / 365

12. Professional Services

The Professional Services listed below are a-la cart and are not included in any monthly fees. Many services requests are very small in nature such as a graphic design or data entry change. In an effort to minimize expense for Customer, BSI will not provide a written quote for Professional Services requests unless a written quote is requested. Customer understands and agrees that all service requests are billable and Customer agrees to pay for the Professional Services in accordance with the rate schedule listed below, which BSI reserves the right to change in the future by notifying the Customer in accordance with paragraph 2.
a. Data Entry @ $35 per hour
b. Graphic Design@ $ 85 per hour
c. Site Building @ $ 65 per hour
d. Site Consulting @ $95 per hour
e. Custom Programming @ $95 per hour
e. Custom Software Development@ $195 per hour

13. Use of Customer's Information and Content.

During the term of this Agreement, the Customer hereby grants BSI a non-exclusive license to use the Customer provided information and content, including Customer's trademarks and copyrights.

14. Severability

If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired, and shall continue in full force and effect.

15. Our Right to Suspend or Terminate Services

We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for the following: (a) late payment; (b) high volume traffic; or (c) harassing/threatening/abusing/offending our employees or agents.

16. Changes

BSI reserves the right at any time to modify these Terms and Conditions ("TC's") and to impose new or additional terms or conditions on your use of BSI systems and services. Such modifications and additional terms and conditions will be effective immediately and incorporated into these TC's. Your continued use of the BSI Service's will be deemed acceptance thereof.

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