GENERAL TERMS AND CONDITIONS OF SERVICE
This Agreement is entered into between:
1) 2Bro.biz
2) and any person or corporation, individual or professional, private or public, wishing to receive one or more services from 2Bro.biz, and hereinafter called the “Customer.”.
DEFINITIONS:
Customer:
Person or corporation, signing on to 2Bro.biz’s general and specific Agreement terms and conditions in connection with any Service purchased from 2Bro.biz.
Customer ID:
Customer Account for any Service purchased from 2Bro.biz and giving access to the
management interface.
Diagnostic:
Research undertaken by 2Bro.biz at the Customer’s request to identify a malfunction problem of the Service.
Documentation:
2Bro.biz makes available to its Customer a set of tools and documentation accessible on 2Bro.biz’s website.
Facilities Management:
Specific service performed by 2Bro.biz at the request of the Customer and billed to the Customer.
Incident:
Problem or malfunction encountered with the Service and under the responsibility of 2Bro.biz. The following are considered problems which 2Bro.biz is liable for: material, network, electrical problems …
Management Interface:
“Manager” space accessible to the Customer on 2Bro.biz’s website upon identification
by entering Customer ID and corresponding password.
2Bro.biz Site:
2Bro.biz’s website accessible at https://2Bro.biz/
Personal Data:
Last name, first name, phone number, address, e-mail address, and all other information disclosed by the Customer in the course of its relationship with 2Bro.biz. Also included is information which may be transmitted by 2Bro.biz to the judicial authorities.
Service:
Means all the services provided by 2Bro.biz in compliance with the Service agreements entered into by the Customer.
Technical Support:
Department in charge of advising the Customer regarding the installation and use of
the Service by supplying the required documentation.
SECTION 1: PURPOSE
The Customer acknowledges that he/it has checked the suitability of the Service to his/its needs and that he/it has received from 2Bro.biz all the information and advice needed to enter into this agreement knowledgeably and willingly. The purpose of this Agreement is to define the technical conditions of 2Bro.biz’s agreement with the Customer.
These General Terms and Conditions of Service, to which will be added, as applicable, specific terms and conditions and/or schedules proposed by 2Bro.biz, shall be applicable, at the exclusion of all other terms and conditions, including the terms and conditions of the Customer, to all the Customer’s orders of Service from the 2Bro.biz. The 2Bro.biz services offered gratuitously are also governed by these General Terms and Conditions of Service.
SECTION 2: 2Bro.biz’s OBLIGATIONS
2Bro.biz agrees to use all due care and due dispatch to provide a quality Service in compliance with professional standards and the state of the art. 2Bro.biz only has an obligation of means.
SECTION 3: 2Bro.biz’S LIABILITY
2Bro.biz shall not be liable in the circumstances described below:
If the performance of this Agreement, or of any of 2Bro.biz’s obligations under such Agreement, is barred, limited or disrupted due to a fire, an explosion, a failure in the transmission networks, the collapse of the facilities, an epidemic, an earthquake, a flood, a power failure, a war, an embargo, a statute, an injunction, a request or demand from a government, a strike, a boycott, a withdrawal of authorization from the telecommunications operator, or any other circumstances beyond 2Bro.biz’s reasonable control (“Force Majeure event”), then 2Bro.biz, subject to a prompt notice to the Customer, shall be relieved from performing his/its obligations within the limits of this inability to act, limitation or disruption, and the Customer shall be likewise relieved from performing his/its obligations to the extent that his/its obligations pertain to the performance of the obligations thus barred, limited or disrupted, subject to such Party thus affected using its best efforts to avoid or mitigate such failure to perform and to both Parties acting promptly once such causes cease to exist or are eliminated. The Party affected by a Force Majeure event shall keep the other Party informed on a regular basis via electronic mail regarding the prognosis of eliminating such Force Majeure event or of recovering from it.
Should the effects of this Force Majeure last more than thirty (30) days, as of the date of notice regarding such event from one Party to the other, the Agreement may be terminated as a matter of right, at the request of one of the Parties, without any right to compensation for either of them.
Or 2Bro.biz shall not be liable the Customer causes, for example:
1) a deterioration of the application;
2) the misuse of the terminals by the Customer or his/its clientele, a fault, negligence, omission or failure on his/its part, or non-compliance with the advice given;
3) the disclosure or illegal use of the password confidentially given to the Customer , fault, negligence or omission of a third party over whom 2Bro.biz has no control or supervision power;
4) a request for a temporary or permanent interruption of the Service from a competent administrative or judicial authority, or upon notice from a third party; or
5) the total or partial destruction of information transmitted or stored resulting from errors directly or indirectly attributable to the Customer.
The Customer acknowledges that 2Bro.biz authorizes other Service users to install their websites and servers in his/its facilities. 2Bro.biz shall not be liable in any way whatsoever for damages, costs or losses incurred by the Customer (or by his/its own customers) and caused by another Service user’s act, material or failure to act, 2Bro.biz’s liability in contract, in tort (including negligence) or by statute, or otherwise, to the Customer (or his/its own customers), concerning performance or non-performance, as applicable, of any obligation created under this Agreement, with regard to any claim, shall be limited and shall not, in the aggregate, exceed the total fees paid by the Customer to 2Bro.biz under this Agreement in the three- (3-) month period immediately preceding the date on which the claim a rose. In no event shall 2Bro.biz be liable for any lost profits, or any special, indirect, consequential, Incidental or punitive damages.
2Bro.biz does not offer any backup for the hosted data. It is therefore the Customer’s responsibility to take all required steps in order to back up his/its data in the event of a loss or deterioration of such data for any reason whatsoever, including reasons not explicitly mentioned hereunder.
SECTION 4: CUSTOMER’S OBLIGATIONS AND LIABILITIES
The Customer agrees to use his/its power, authority and capabilities to enter into this Agreement and perform his/its obligations as provided hereunder. The Customer agrees to communicate to 2Bro.biz his/its accurate and updated contact information upon the creation of the Customer Account and each time such information is modified.
The Customer is solely and exclusively responsible for the passwords that are required in order to use the Service. 2Bro.biz is not responsible for the illegal or fraudulent use of passwords made available to the Customer. The passwords provided are considered confidential. The Customer shall be solely liable, at the exclusion of 2Bro.biz, in the event of any suspicion that the passwords provided have been disclosed, whether intentionally or not.
The Customer alone shall bear all the consequences of a malfunction of the Service resulting from the use by his/its staff or by any other person to whom the Customer has provided his/its password(s). The Customer shall also bear all the consequences resulting from the loss of such password(s).
The Customer hereby agrees to comply with all legal and regulatory requirements in force, and, more specifically, with those pertaining to software, files, freedom and intellectual property, as well as the rights of third parties. The Customer also agrees to take out all required insurance policies from a well known solvent insurer, in order to cover all damages attributable to the Customer in connection with this Agreement
or the performance thereof.
The Customer hereby agrees to inform 2Bro.biz within 48 hours of any changes in his/its situation, and with in 24 hours, of any lost passwords.
Whenever contacting 2Bro.biz, the Customer agrees to clearly describe his/its request in compliance with the terms of use.
SECTION 5: TECHNICAL SUPPORT
5.1. Tools and Documentation provided by 2Bro.biz
2Bro.biz makes available to the Customer a set of tools and documentation which is accessible at the following addresses:
https://2Bro.biz/contactus/
https://2Bro.biz/panel/
This page also includes contact information to reach the 2Bro.biz staff.
On the same page, 2Bro.biz makes available to its Customer:
1) a set of documentation and technical guides, designed to provide a better understanding and an easier use of the Service (“Documentation”);
2) communication tools to find out about the condition of 2Bro.biz’s facilities;
3) contact information to reach 2Bro.biz’s Technical Support;
4) the Facilities Management’s contact information to obtain complementary services (facilities management, specific intervention …) which will be billed separately.
Preliminary checks:
In the event of Service malfunction, it is the Customer’s responsibility to consult the Documentation and perform the technical tests suggested by 2Bro.biz.
If the malfunction problem encountered persists, the Customer shall have the responsibility of reporting the Incident to 2Bro.biz.
5.2. Incident Reporting Procedure:
In order to report an Incident, the Customer shall complete the form designed for such purpose on the website, then go to the Customer’s Management Interface where earlier tickets of electronic exchanges between the Customer and 2Bro.biz may be found. The Customer shall open a support request and attempt to provide as much information as possible on the problem encountered to help with the Diagnostic. To this end, the Customer explicitly authorizes 2Bro.biz and its staff to connect to the Customer’s Service and to perform any operation required in connection with the Diagnostic, with respect to both the hardware and the software. 2Bro.biz reserves the right to reject any intervention in this regard if 2Bro.biz notices in its research work that the Customer uses the Service in breach of 2Bro.biz’s General and Specific Terms and Conditions or of laws and regulations in force. All the exchanges between the parties, and more particularly the electronic exchanges shall reflect Customer’s assent to 2Bro.biz’s intervention.
5.3. Incident Takeover and Development of Diagnostic
2Bro.biz shall, in connection with the Incident reporting procedure, carry out a Diagnostic in order to determine the origin and cause of the malfunction problem. If, during the Diagnostic process, 2Bro.biz concludes that the malfunction is an Incident, namely that it is a problem under the responsibility of 2Bro.biz, the costs related to the Diagnostic process shall be entirely borne by 2Bro.biz, in compliance with the Agreement terms and conditions applicable to the Service. The Customer agrees to avoid using the Technical Support service in an abusive manner. 2Bro.biz reserves the right to refuse to respond to a Customer’s claim if the Customer’s behavior or the frequency of claims is likely to disrupt the normal operations of the Technical Support service.
5.4. Resolution of Malfunction
At the end of the Diagnostic, 2Bro.biz shall inform the Customer on the cause of the malfunction and indicate which technical solutions will be used to resolve the problem encountered. As previously stated, 2Bro.biz only has an obligation of means.
SECTION 6: TERM AND RENEWAL OF SERVICE
6.1. Term
The agreement has for duration the term chosen when the was Service ordered.
6.2. Service Renewal
2Bro.biz may possibly not renew its Service at the end of the term. 2Bro.biz shall make every effort to inform the Customer beforehand regarding this and shall delete all the data stored by the Customer on the Service. The Customer hereby agrees to recover all his/its data prior to the end of the Service term.
SECTION 7: TERMINATION, LIMITATION AND SUSPENSION OF SERVICE
Breach by the Customer of his/its obligations as defined hereunder, including all activities specifically barred while using 2Bro.biz services and/or any content specifically barred when using 2Bro.biz services, and/or likely to result in civil and/or criminal liability and/or likely to prejudice a third party’s rights, shall give rise to 2Bro.biz’s right to immediately cut off the cable and/or interrupt the Customer’s services, without any prior demand, and to immediately terminate the Service, as of right, without prejudice to any other damages 2Bro.biz may have a right to claim.
At after the expiration of the Service, for any reason whatsoever, 2Bro.biz shall entirely delete all the files on the Customer‘s Service. 2Bro.biz reserves the right to restrict, limit or suspend its services without prior notice nor indemnity if it appears that the Customer uses the services provided for any activity which violates the terms and conditions of the Agreement with 2Bro.biz or the Service objectives.
The Service may also be restricted, limited or suspended when the specific terms and conditions applicable to a type of Service offered by 2Bro.biz provide for such sanctions in the event of a breach.
The restriction, limitation or suspension measures shall always be taken in accordance with the seriousness or recurrence of the breach(es), and shall be based on the nature of such breach(es).
The Customer agrees in advance that 2Bro.biz may restrict, limit or suspend the Service offered if 2Bro.biz receives a notice in that regard from a competent administrative, arbitral or judicial authority, in compliance with the laws and regulations in force.
Either Party may terminate the Agreement, as of right and without indemnity, in the case of a Force Majeure event lasting more than thirty (30) days.
2Bro.biz reserves the right to interrupt the Customer’s Service if such Service endangers the maintenance of security or stability on 2Bro.biz’s hosting platform. 2Bro.biz shall, to the extent possible, give the Customer prior notice regarding such interruption.
2Bro.biz reserves the right to interrupt the Service, as needed, for technical interventions designed to improve its operations, or for maintenance procedures within the confines accepted industry best practices whenever possible.
SECTION 8: OPERATING CONDITIONS
The Customer hereby acknowledges that bandwidth fluctuations and problems with the access provider could cause a gap in the services provided by the 2Bro.biz, which it would be unable to resolve.
However, the Service shall be restricted, limited or suspended, as of right, by 2Bro.biz:
• if it seems that the Customer is using the services provided for any activity whatsoever which is not in compliance with these General Terms and Conditions;
• in compliance with the applicable Specific Terms and Conditions;
• if 2Bro.biz receives a notice in that regard from a competent administrative, arbitral or judicial authority, in compliance with the appropriate applicable laws, or from a third party;
• if the contact information in the Customer’s account seems to be false, inaccurate or out of date.
SECTION 9: CUSTOMER INFORMATION AND COMPLIANCE WITH SERVICE
The Customer acknowledges that he/it has checked the suitability of the material and the Service to his/its needs and has received from 2Bro.biz all the information
and advice needed to knowingly enter into this agreement.
2Bro.biz reserves the right to monitor compliance with the Service’s terms of use.
SECTION 10: TOLERANCE
The fact that 2Bro.biz fails to invoke one of the General Terms and Conditions of Service and/or tolerates the violation by the other Party of any of the obligations hereunder shall not be construed as a waiver to invoke in the future any of these Terms and Conditions.
SECTION 11: PERSONAL DATA
2Bro.biz reminds the Customer that, while providing the Service to the Customer, 2Bro.biz may keep some of the Customer’s personal data in compliance with its regulatory and judicial obligations. Information such as “last name, first name, mailing address, e-mail address, phone numbers, and IP connection addresses” shall be kept by 2Bro.biz during the entire Term (As defined in section 6.1) of the Agreement and up to twelve (12) months after the expiration of the Service.
The data transmitted by the Customer shall be kept as long as deemed necessary for evidence purposes. Except as otherwise provided in the Specific Terms and Conditions, 2Bro.biz shall not disclose nor sell theCustomer’s personal data.
The Customer agrees that his/its personal data may be stored, handled and transferred by 2Bro.biz to its affiliates, who shall only have access to such data in order to perform essential functions in the provision of the Service, all in strict compliance with the Customer’s privacy rights.
The Customer also acknowledges that 2Bro.biz may communicate the Customer’s information at the request of administrative, regulatory or judicial authorities.
SECTION 12: AMENDMENTS
The General and Specific Terms and Conditions online take precedence over the printed General and Specific Terms and Conditions. The parties agree that 2Bro.biz may, as of right, bring changes to its Service simply by informing the Customer through an online notice and/or by amending its General Terms and Conditions online. Any amendment or introduction of new options offered shall be posted online on 2Bro.biz’s website (https://2Bro.biz) or sent via e-mail to the Customer. Notwithstanding the provisions of section 7, the Customer shall then have the right to terminate the Agreement within thirty (30) days of the effective date of such amendments.
SECTION 13: GENERAL PROVISIONS
13.1 Severability
The invalidity of one of the provision of the Service Agreement entered into with 2Bro.biz, particularly under a law or a regulation or as a result of the final judgment of a court of competent jurisdiction, shall not invalidate the other provisions of such Service Agreement, which will remain in full force and effect.
The Parties shall, in such cases, to the extent possible, replace the invalid provision with a valid provision consistent with the spirit and object of the Agreement’s terms and conditions.
13.2 Headings
The Agreement section headings are inserted solely for reference purposes and do not have any contractual value nor any specific meaning.
13.3 Specific Conditions and Schedules
The Specific Conditions and prospective schedules are incorporated by reference into the General Terms and Conditions of Service and are necessarily incidental thereto. The combination of all these documents is hereunder referred to as the “General Terms and Conditions.”
The Customer may consult on 2Bro.biz’s website all the documents incorporated by reference into this Agreement. Such documents are subject to amendments or updates.
13.4 Communications
The 2Bro.biz server’s date and time shall be relied upon as evidence of the exchange of information by e-mail between the Parties. Such information shall be kept by 2Bro.biz during the entire Term (As defined in section 6.1) of the contractual relationship between the Parties.
All notices, communications, and demands provided under the General Terms and Conditions shall be deemed to have been validly delivered.
14 REFUND
14.1 General
Refund can be made only if any article of General terms and conditions of service was/were not violated. In this case 2Bro.biz obligates to refund only funds for Full Months of unused services from date of service registration.
14.2 Domain name registration/transfer refund
Refund of registered domains is impossible as client own domain name(s) which was/were bought and he can transfer it elsewhere or leave it with 2Bro.biz for further managing.
In a case of migration of domain name, 2Bro.biz obligates to provide client with all necessary information for domain transfer only if the client doesn’t have negative balance on his billing account.
14.3 Shared Hosting
In a case of refund for Shared Hosting Plan, domain registration fee will be taken from refund value. If value of refund will be negative (because of exclusion of Domain Registration fee), then 2Bro.biz won’t provide any refund and client won’t pay negative balance.