Bizzistance LLC

Terms & Conditions of Service

Introduction

These Terms & Conditions outline Bizzistance LLC 's (" we ", " our " or " the Company ") practices with respect to the services we provide and the conditions under which we provide them. Please read the following basic rules as they govern your purchase of services or products from our Company. Please note that your purchase of products or services from our Company constitutes your unconditional agreement to be bound by these Terms & Conditions without modification.

Our Commitment to Privacy

We respect your privacy at Bizzistance LLC. Read our Privacy Policy here.

Purchase of Products or Services

You agree to purchase the products or services listed in the invoice.

Changes to these Terms & Conditions

Non-recurring Purchases

Bizzistance reserves the right to update or change these Terms & Conditions and prices at any time without notice.

Recurring Purchases

Services or products that are billed on a set schedule, e.g., monthly, quarterly, annually, etc., are "Recurring" purchases or more frequently referred to as "subscriptions" or "maintenance plans." Bizzistance LLC reserves the right to update or change the Terms & Conditions, pricing and/or service offerings (collectively "Service Terms") of a Recurring purchase with a 30-day notice.


For monthly Recurring purchases, changes to the Terms & Conditions will be provided in the footer of the invoice following the update and will be effective upon the start of the next billing period.


For annual or quarterly Recurring purchases, we will send an invoice at least 45 days before the revised Service Terms take effect.


If the buyer does not agree with the updated Service Terms, the buyer may cancel their Recurring purchase following our   Cancellation Policy  instructions below.

Disclaimer: Limitations of Liability

The Company will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website or the Company’s products or services.


  • to the extent that the Website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.


These limitations of liability apply even if the Company has been expressly advised of the potential loss. The Company shall have no liability for any claim that is not made within one month from the date on which the claim arose. In no event shall the Company be liable to you for any damages to you in excess of the amounts you have actually paid to it.

Our Refund Policy

Recurring Purchases

Please refer to our Cancellation Policy below.

Non-recurring Purchases

  • Deposits may be refunded, less time and expenses expended to date plus a 6% administration fee (rounded up to the nearest whole dollar).
  • Final payments are non-refundable.

Cancellation Policy

Cancellation Notices by the Client

**Cancellation notices must be sent via email. Phone call cancellations are not accepted.**

Website Hosting

There are no refunds. You may cancel a hosting plan with a 15-day notice. Your website hosting will continue until the last day of the covered period.


If payment for hosting is not received by the due date stated on the invoice, the site hosting will be set to automatically turn off on the last day of the covered period. This means that the website will no longer be visible on the internet after the covered period expires. We will turn the site hosting back on when payment is received. Please remit invoices by the invoice due date to avoid interruptions of service.

Website Maintenance

There are no refunds. You may cancel a maintenance plan with a 15-day notice. Bizzistance LLC reserves the right to refuse tasks requested after a cancellation notice has been given if it believes the task cannot be completed, tested, or approved by all parties within the remaining, covered plan window.

Payment Plans

Our payment plans work like layaway plans. You will not receive the service until all payments have been received. Therefore, you may cancel at any time. We will refund all money you have paid, less an administration charge of 6% of money processed (rounded up to the nearest whole dollar).

Promotional Subscriptions

You may cancel a promotional subscription at any time with a 15-day notice. We do not allow double dipping of discounts. Therefore, you will be balance-billed the difference between the promotional subscription price and the corresponding promotional one-time price for each month of the subscription that has elapsed. In other words, if the long-term commitment for which we've exchanged the long-term promotional discount is not fulfilled, we retroactively rescind the long-term promotional discount that had been given in good faith and bill you the difference accordingly. Payment for balance billing of rescinded discounts are Net Receipt.

Page Modification by Third Parties or by the Client

The Client acknowledges that should anyone, including the Client and Client Staff (collectively "Client"), or its subcontractors, who attempt to update the website and damages the design or impairs the ability for the web pages to display or function properly, will result in billable time to repair the web pages in order to restore the website.


In this event, damages will be assessed at an hourly rate of $75 per hour with a 2-hour minimum. Work to repair the website from Client or third-party modifications is outside of the support time and scope of any website hosting and maintenance plans.

Force Majeure

Bizzistance LLC shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs, or other serious labor disputes, riots, earthquakes, floods, explosions, or other acts of nature.

No Guarantee

The client acknowledges and agrees that Bizzistance LLC cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. Rather, services shall be executed in a professional manner and in accordance with good industry practice. Best efforts will be used but no results are promised.

Indemnity

You hereby indemnify Bizzistance LLC undertake to keep Bizzistance LLC indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Bizzistance LLC to a third party in settlement of a claim or dispute on the advice of Bizzistance LLC’s legal advisers) incurred or suffered by Bizzistance LLC arising out of any breach by you of any provision of these Terms & Conditions, or arising out of any claim that you have breached any provision of these Terms & Conditions.

Exceptions

Nothing in these Terms & Conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Terms & Conditions will exclude or limit the Company's liability in respect of any:

 

  • death or personal injury caused by the Company's negligence;
  • fraud or fraudulent misrepresentation on the part of the Company; or
  • matter which it would be illegal or unlawful for the Company to exclude or limit, or to attempt or purport to exclude or limit, its liability. 

Assignment

The Company may transfer, sub-contract or otherwise deal with the Company's rights and/or obligations under these Terms & Conditions without notifying you or obtaining your consent.


You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms & Conditions.

Severability

If a provision of these Terms & Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and Jurisdiction

These Terms & Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, and any disputes relating to these Terms & Conditions will be subject to the exclusive jurisdiction of the courts of Massachusetts.

Last Modified: 1 August 2021

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