By using any My ChristiansBay Marketplace website, mobile website, web platform, product, marketing material, sales training course, subscription, and/or service (“Service”), you (seller and buyer) are agreeing to be bound by the following terms and conditions (“Terms of Service and Privacy Agreement”). These Terms of Service and Privacy Agreement shall serve as an agreement (the “Agreement”) between ChristiansBay Marketplace and the seller/buyer (“Customer” or “You” or “Your”), hereafter collectively referred to as the parties (“Parties” or “Party”).
BY ACCEPTING THIS AGREEMENT, EITHER BY COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING A SERVICE THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
ChristiansBay reserves the right to update and change this Agreement from time to time without notice. You can review the most current version of this Agreement any time at our online website www.christiansbay.com/termsOfUse in the terms section.
Violation of any of the terms will result in the termination of Your Service. While ChristiansBay prohibits such conduct and Content on the Service, You understand and agree that ChristiansBay cannot be responsible for the Content posted on the Service and You nonetheless may be exposed to such materials. You agree to use the Service at Your own risk, and to hold ChristiansBay harmless for any loss, misconduct, or unauthorized use of the Service.
If any unauthorized use occurs, ChristiansBay may hold You or any party that You have assigned liable for any loss or damage that are a result of the breach of this Agreement.
Service And Password Security
You are responsible for maintaining the confidentiality of Your Service password, and are responsible for all activities that occur under your service or products that you sell or buy. You agree to immediately notify ChristiansBay of any unauthorized use of Your password or Service or any other breach of security, which includes but is not limited to computer viruses, trojan horses, spyware, malware, adware, hacking, and other malicious or unwanted means expressly or impliedly prohibited by, or inconsistent with, any provision of this Agreement.
ChristiansBay reserves the right to revoke access to the Service, at its sole option and discretion and without notice to You, if any misuse or foul play occurs. ChristiansBay will not be liable for any loss or damage arising from failure to provide us with accurate information or to keep Your password secure.
Pricing And Modifications To The Service
ChristiansBay will charge You a monthly fee, transaction fee, start up fee and any additional agreed upon fees for the Service (If applicable) which will vary with the type of plan and actual Service rendered by ChristiansBay and or partners. All fees are subject to change at any time. We will notify You in advance of any fee changes. Company’s compensation for services rendered to ChristiansBay pursuant to this agreement shall be determined in accordance with the fees and pay schedule set out in Exhibit 1 hereto:
You hereby authorizes ChristiansBay to draw monthly automatic recurring payments from Visa or MasterCard, covering the initial setup fee, all monthly dues and all other applicable payments to Service as stated in a monthly invoice that shall be e-mailed by ChristiansBay. You shall pay this invoice via an automated electronic transaction or automatically withdrawn through site. A valid credit card must be kept on file with ChristiansBay at all times. If you need to change your card on file you must contact us via firstname.lastname@example.org.
The Service fee will renew automatically on a month-to-month basis, and monthly or yearly recurring payments, where applicable, will continue until notice of cancellation is received.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. ChristiansBay may increase the monthly recurring charge when the hosting exceeds the basic GB usage.
Company reserves the right to revoke access to Services if your balance is overdue or invoices are not paid in full. At a minimum, ChristiansBay will give 30 days notice to you before terminating this Agreement for failure to pay invoices when due.
If for whatever reason, you default on payment or invoices are not paid in full, you hereby authorize ChristiansBay or its assignee to collect the outstanding costs, plus service charges and interest, in any method available to the Company. You shall indemnify Company for all collection or legal fees (including court fees) incurred by the company in order to satisfy your payment defaults.
There will be no refunds or credits for setup fees, partial months of Service, upgrade/downgrade refunds, or refunds for months unused with any Service. If you cancel before your billing cycle ends, your site will remain active until the cycle completes.
ChristiansBay shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, ChristiansBay may issue an update to the ChristiansBay application which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although ChristiansBay will attempt to notify You in advance of an upcoming update, including details on what the update includes, whenever possible. ChristiansBay will in no way be liable if such updates affect any current hardware used or make any device no longer supported.
Cancellation And Termination
You are solely responsible for canceling Your Service. You can cancel Your Service anytime by contacting us by email: email@example.com. Your membership will continue in effect unless and until You cancel Your membership or we terminate it. Any questions in regards to cancellations should be directed to firstname.lastname@example.org. Cancellations by phone or sent to any other email address will not be accepted.
You must cancel Your membership before it renews each month in order to avoid billing for the following month’s fees. If You cancel the Service before the end of Your current payment cycle, You will not be charged again. You will still be able to access the Service until Your current payment cycle expires.
No refunds or partial refunds are offered for hosting or support, as the site will remain up through the end of the cycle regardless.
After 30 days of non payment your seller’s account will be terminated and all materials lost.
Termination By ChristiansBay
ChristiansBay, at its sole discretion, has the right to suspend or terminate Your Service and refuse any and all current or future use of the service, or any other ChristiansBay service, for any reason at any time.
Such termination of the Service will result in the deactivation or deletion of Your Service or Your access to Your Service, and the forfeiture and relinquishment of all Content in Your Service.
ChristiansBay reserves the right to refuse Service to anyone for any reason at any time.
In the event of a cancellation and/or termination of Your Service, ChristiansBay will not be held responsible or liable for any damages that You or Your clients incur as a result of any agreements made between You and Your clients.
Upon expiration or termination of this Agreement: (a) You shall return or, at ChristiansBay’s request, destroy all confidential information, and (b) other than as provided herein, all rights and obligations of each Party under this Agreement, exclusive of the Service, shall survive.
Transfer Of Customers Upon Dissolution
Upon dissolution ChristiansBay agrees to provide all Content and necessary information, including client contact details and existing contracts, to transfer Your clients’ accounts to you. Upon dissolution of Your subscription, ChristiansBay agrees to take over all of Your clients’ accounts and maintain them from the effective date of termination.
You shall make no commitment for or on behalf of Company or for which Company shall have any liability or responsibility unless Company shall have first given its approval and commitment.
ChristiansBay will host Your Service with a premium Internet hosting provider, Microsoft Azure. You will be granted access to Your Service from our website, and any sub-domains associated with the particular Service. ChristiansBay will make reasonable efforts to monitor the uptime of the hosting account but does not guarantee or warrant its reliability due to various external Internet factors.
Information shared is copyright of ChristiansBay and must be kept confidential at all times. You may not share or sell any information to business owners, package or offer this information as a bonus, add this information to membership sites, or otherwise distribute this information without written consent of ChristiansBay. ChristiansBay reserves the right to revoke access at any time if any misuse or foul play occurs, or if unauthorized file sharing or multiple-IP logins are detected.
Customer and technical support is only available via email or our support forum. The technical support email address is email@example.com, and more information can be found on our Support Desk.
ChristiansBay will make the best efforts to respond to all reasonable requests in a timely manner. You understand that ChristiansBay will not be held liable for any loss or misfortune that may occur from support or technical recommendations, or the time at which it may take for the support or technical issue to be addressed.
Copyright And Content Ownership
You shall own and retain all rights to the Content you provided. ChristiansBay shall own all rights, title, and interest in and to all other elements, materials, data, graphics, and code of the Service including all interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, and all other components of any source or object computer code that comprise the Service, all literal and nonliteral expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Service and design elements. You shall not do anything that may infringe upon or in any way undermine ChristiansBay’s right, title, and interest in the Service or any other intellectual property held by ChristiansBay. ChristiansBay reserves the right to display any portion of Website Owner’s publicly available Service for the purpose of displaying rendered work to other potential customers or for marketing purposes
ChristiansBay does not warrant that (i) the Service will meet Your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Service, information, or other material purchased or obtained by You through the Service will meet Your expectations, and (v) any errors in the Service will be corrected.
Website Owner expressly understands and agrees that Company 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 Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Website Owner’s transmissions or data; (iv) statements or conduct of any third party (including Website Owner Customers or ChristiansBay’s) on the Service; or (v) or any other matter relating to the Service.
Limited Warranty and Limitation Of Damages
ChristiansBay makes no warranty, and sellers hereby waives and disclaims any other warranty, representation, or condition of any kind or nature, express or implied, verbal or written, statutory or otherwise, including, without limitation, any warranty representation or condition of merchantability or fitness for purpose.
Sellers acknowledges that ChristiansBay will make reasonable efforts but does not warrant that the Service will work on all mobile platforms. Website Owner acknowledges that ChristiansBay is not responsible for the results obtained by Website Owner’s Customers. In every circumstance, ChristiansBay will have no liability for any damage, loss of productivity, or loss or alteration of matter detrimental to Website Owner Customer’s property due to the use of third-party software or hardware installed or recommended by Company.
Customer Indemnification And Liability
You agree to indemnify, save and hold harmless ChristiansBay from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Your responsibilities or obligations, representations or warranties under this Agreement.
You waive any claim for damages of any kind or nature against ChristiansBay and agree that Your sole and exclusive remedy for damages (either in contract or tort) is the return of the price paid to ChristiansBay limited to a total value.
Each Party acknowledges that in connection with this Agreement it may have access to proprietary information of the other Party, including but not limited to trade secrets, data, processes, technical information, business knowledge, pricing, service providers, hosting providers, technology partners, research and development and marketing strategies (hereinafter collectively referred to as “Confidential Information”). Seller acknowledges that the disclosure of Confidential Information in any manner would be highly detrimental to the interest of ChristiansBay. you agree that the right to maintain such Confidential Information constitutes a proprietary right, which Company is entitled to protect. Accordingly, you, your agents and your employees agree that they cannot disclose or permit the disclosure (either during this Agreement or thereafter) any Confidential Information to any person, or use or permit the use of same, for any purposes other than those of the owner of such information. Sellers shall not use any Confidential Information of Company except as may be necessary to perform Sellers’ obligations under this Agreement. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of Website Owner.
Your use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis.
You understand that ChristiansBay uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt, reverse-engineer, decompile or hack the Service or modify another website so as to falsely imply that it is associated with the Service or any other ChristiansBay.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written consent by ChristiansBay.
ChristiansBay may, but has no obligation to, remove Content and Services containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ChristiansBay customer, employee, member, or officer will result in immediate Service termination.
You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.