Terms of Service
By using the iPlanner.NET online business planning software ("Service" or "iPlanner"), all services provided by NetEkspert ("Provider"), you are agreeing to be bound by the following terms and conditions ("Terms of Service", "TOC").
The Provider reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the iPlanner software service, including the release of new business planning features, functions and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
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 the entity to these terms and conditions, in which case the terms "you" or "your" shall refer to the entity. If you do not have such authority, or if you do not agree with these terms and conditions, you may not use the Service.
Your use of the iPlanner business plan software and any dispute arising out of such use of the website is subject to the laws of the country of service provider.
You understand and agree that the iPlanner software is provided on "as is" and "as available" basis, and that the Provider assumes no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user content or settings. The Provider does not warrant that (a) the service will meet your specific requirements, (b) the service will be uninterrupted, timely, 100% secure, or error-free, (c) the results that may be obtained from the use of the Service will be accurate or reliable, (d) the quality of any services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (e) any errors in the Service will be corrected. The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
You are responsible for obtaining access to the Service, which access may involve third-party fees (such as Internet Service Provider charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment and software necessary to access the Service. You should have a pointing device (such as mouse) in order to use the Service.
You understand and agree that the Service may include certain communications such as service announcements and administrative messages, and that these communications are considered part of iPlanner membership and that you will not be able to opt out of receiving them. Changes and features that augment or enhance the Service shall be subject to the TOS.
Technical software support is generally provided to paid account holders only and is only available via email.
You understand and agree that the Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the iPlanner Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service. You must not upload, post, host, or transmit unsolicited email, SMS, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature.
You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Provider's customer, employee, member, or officer will result in immediate account termination.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by the Provider) of other Service customers, we reserve the right to immediately disable your account or throttle your content hosting until you can reduce your bandwidth consumption.
You expressly understand and agree that the Provider 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, resulting from: (a) the use or the inability to use the Service; (b) 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; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; (e) or any other matter relating to the Service.
The failure of the Provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Provider and govern your use of the Service, superseding any prior agreements between you and the Provider (including, but not limited to, any prior versions of the Terms of Service).
Conditions for registered users
You must provide your name, surname, a valid email address, a project or organization name, and any other information requested in order to complete the sign up or registration process. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You may receive login information and a machine-generated password upon completing the iPlanner's registration process. You may want to change the initial password after the first login. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to ensure that you exit from your account at the end of each session. The Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like (use Projects/My Team feature). One person or legal entity may not maintain more than one free BASIC-level Account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A valid credit card is required for paying service fee. The Provider may use third party business partners (such as PayPal, ClickBank) for handling payments online.
The Service is charged in advance on the terms selected by you (service level, number of service months, number of active projects) and is non-refundable. There will be no upgrade/downgrade refunds.
Downgrading your service level may cause the loss of content, features, memberships or capacity of your account. The Provider does not accept any liability for such loss.
The free BASIC-level service option is an online tool for entrepreneurs to use while actively developing their business plans. The Provider reserves the right to delete project data from database after 45 days of inactivity.
All fees are exclusive of all taxes, levies or duties imposed by your local taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. For domestic customers, Value Added Tax (may be also called as "Sales Tax") is added to the service fee.
Prices of all Services are subject to change without prior notice. The price changes do not concern prepaid Services.
The Provider shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the iPlanner service.
You agree to be identified as a customer of the iPlanner service and you agree that the Provider may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in the Service's or Provider's marketing materials and web sites.
You understand that all information, data, text, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not the Provider, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Provider does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Provider be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service. You acknowledge that the Provider may or may not prescreen the Content posted, but that the Provider and its designees shall have the right (but not the obligation) in their sole discretion to prescreen, refuse, or move any content that is available via the Service. Without limiting the foregoing, the Provider and its designees shall have the right to remove any Content that violates the TOS, laws or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that the Provider may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Provider, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand and agree that the Provider may without prior notice immediately terminate your account and access to iPlanner software as a service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions): (d) discontinuance or material modification to the Service (or any part thereof): (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made in the Provider's sole discretion and that the Provider shall not be liable to you or any third party for any termination of your account, or access to the Service.
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