Terms of Service

The terms and conditions set forth by this agreement is a legally binding agreement (”Agreement”) between you, a single entity representing yourself or a single entity with authorization to represent an organization (”Customer”) and Travel Bloggers Network (“TBN“). By communicating with TBN, purchasing or using TBN service, you agree to be bound by the terms of this Agreement. You also agree that you have read, understood and agreed to be bound by the Agreement. Both parties agree that they have the legal ability to enter into this Agreement.

Preamble

This Agreement is to set terms and conditions that the Customer agrees to in order to use TBN’s service.

Fraud and False Orders

Customer agrees that TBN may use MaxMind or Stripe fraud detection service to detect fraudulent orders and any Customer receiving a high fraud score by MaxMind or Stripe, that service may not be provided, suspended or terminated and the money back guarantee voided.

Any order marked as fraud, as determined by MaxMind or TBN, will not be provided and it is up to the Customer to contact TBN to active or reactive the order.

Definition of Service

TBN will provide service or services that the Customer has fully paid for. Customer agrees that features provided or was listed on the service web page may change. These changes may occur without notification to the Customer.

Service Rates

Customer acknowledges that the nature of service provided and the initial rates and charges have been communicated to the Customer. Customer is aware that TBN may change the specified service rates and charges from time to time. The promotional offer is contingent upon TBN achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment and Fees

Customer agrees to pay TBN before the service will be provided. Subsequent payments are due on the anniversary date of the month for that month’s service. Service will be interrupted on accounts that reach 5 days past due and a 10% late fee will apply on accounts that reach 7 days past due. Accounts not paid by due date are subject to suspension from TBN’s service. All accounts at or past 30 days past due may be terminated. Customer will continued to be billed until the Customer properly cancels their account as outlined by this Agreement.

TBN may temporarily deny service or terminate this Agreement upon the failure of the Customer to pay charges when due.

Fees are listed in US dollars, however the Customer can pay in other currencies. The currency amount must equal the US dollar amount or the service will not be provided.

The Customer will pay $90 per hour for maintenance, repairs, cleanups or fixes that TBN has to do due to the Customer error, responsibility, actions or result.

Customer agrees to pay all charges incurred due to the Customer or the Customer’s service, including charges made by a third party and any legal fees.

Cancellation

Customer agrees that in order to cancel their account, they must contact TBN or by using the cancellation feature in the Customer account. If the Customer is unsure of how to cancel or where to cancel they must contact TBN and that their account will remain open, active and billable until proper cancellation as outlined by this Agreement is completed.

Customer also agrees that in order for their account to be cancelled, all outstanding invoices must be paid or their account will remain open, active and billable.

Transactions and Subscriptions

All payments will be made through Stripe. TBN will not be responsible for cancelling or maintaining active or inactive subscriptions or transactions through Stripe. If Stripe or financial institution(s) charges the customer due to the transaction(s) or subscription(s), the customer agrees to hold TBN harmless for these fees.

Refund Policy

No refunds will be provided.

Support Boundaries

TBN is not liable for damages or otherwise because the Customer was unable to contact TBN.

Acceptable Use Policy

Customer agrees that acceptable use of the Service shall not violate the Acceptable Use Policy.

Suspension or Termination

TBN is under no obligation to inform the Customer of the service suspension or service termination. If TBN chooses to inform the Customer of the suspension or termination, it will be done by TBN through e-mail.

No credit or refund for a service that is suspended or terminated.

Customer agrees that they are solely responsible for actions committed by the Customer or other individuals who accesses their service or website.

Libel and / or Defamation

Libel and / or defamatory speech and / or words distributed over the Internet can result in civil liability for the defamer and / or libeller.

Refusal of Service

TBN reserves the right at its sole discretion to refuse or cancel service and refund voided. TBN has the right to suspend or terminate any account for as long as TBN wants or deems fit.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a TBN server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Any Customer that threats TBN, it’s subsidairies or employee with legal action, TBN reserves the right to suspend or terminate any or all services with or without notice.

Service Limitations

TBN shall not be liable for damages or losses incurred by of service limitations, limitations imposed by TBN’s service providers or anything that will limit the use of your service.

Service Availability

TBN may grant service credits if such service is not available for at least 99% of the time per month, but is under no obligation to do so.

Correct Customer Information

Customer agrees to provide correct and accurate Customer information, including but not limited to their full name, address, zipcode, city, country, phone number or otherwise requested when creating their account.

Customer with invalid or incorrect information regarding themselves, may have their service suspended or terminated with or without notice.

Disclaimer

TBN will not be responsible for any damages your business may suffer. TBN makes no warranties of any kind, expressed or implied for services we provide. TBN disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by TBN and its employees.

TBN does not accept any responsibility for any loss of data or consequences arising from this.

Finally, TBN wishes to emphasize that in accepting services, customers indemnify TBN for the violation of any law or TBN policy, that results in loss to TBN or the bringing of any claim against TBN. This means that if TBN is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against TBN, plus costs and reasonable legal fees.

Failure to comply with any of our terms and conditions will result in grounds for immediate account deactivation. TBN reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.

Warranties and Damages

TBN shall not be liable for damages or losses that have arisen due to the service of TBN. The Customer also agrees that the service is offered “AS-IS” basis and comes with no warranties. TBN expressly disclaims all warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose and non-infringement. You assume all risk associated with the quality, performance, and use of the service, including but not limited to risk of service errors, damage to equipment, loss of files and data, or unavailability or interruption of service and operations. You are solely responsible for determining the appropriateness or the service and assume all risks associated with its use.

Indemnification

You agree to indemnify and otherwise hold harmless TBN, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the service or any other matter relating to the service.

Liability and Limitations

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TBN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE GRANTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL TBN‘S TOTAL CUMULATIVE DAMAGES EXCEED 15.00 US dollars.

Severability

If any of the provisions of this agreement are invalid, such provisions shall be considered separate and severable and the remaining provisions shall remain in full force and effect.

Entire Agreement

This agreement supersedes and invalidates all other commitments, representations and warranties relating to the subject matter hereof which may have been made by the parties either orally or in writing prior to the date hereof, and all of which shall become null and void from the date this Agreement is agreed upon.

Governing Laws

This agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.

TBN reserves the right to pick in which jurisdiction legal disputes will be handled; initiated by either party.

Force Majeure

It is agreed between both parties that neither party shall be held responsible for the damages caused by delay or failure to perform terms of this agreement when the delay or failure is due to fires, strikes, floods, acts of God or the Queen’s enemies, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against.

In the event of a legal dispute or legal action, the Customer will be responsible for all legal expenses incurred, even if the Customer is pursuing the legal action or dispute.

Collections

The Customer will pay for any fees or charge incurred because of TBN’s attempt to collect fees or charges that the Customer has not paid for or fees or charges that are remaining.

Changes to the Agreement

TBN reserves the right to modify this agreement at any time, and without prior notice to the Customer.