This Agreement governs your use of BeOnTop services (Services). By using the Services, you are agreeing to be bound by these terms of service (“BeOnTop Terms of Service”).
In order to utilize the Service you MUST agree to the applicable Terms of Service, which agreement is achieved by creating and using an BeOnTop user account.
Changes and Modifications
BeOnTop reserves the right to make technical, interface and service changes without notice. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the Service following changes and modifications will constitute your binding acceptance.
BeOnTop reserves the right to make pricing changes displayed on our website without notice. Existing customers will be given at least 30 days notice prior to any pricing changes taking effect.
During the 30 days notice period, existing customers have the ability and right to unsubscribe to Service before the new pricing is set.
BeOnTop is based on a subscription service model, where ongoing services are provided in exchange for subscription fees. You have the ability to unsubscribe or cancel Services provided at anytime. Cancellations need to be made at least 2 working days before the current subscription expiry date to avoid renewal charges.
Service Levels and Access
We will use our best endeavors to make our website available at all times, but cannot guarantee it will operate without interruptions or be error free. We can not accept liability for any cases of its unavailability. In cases where Service is unavailable for more than five (5) days in any one calendar month, any subscription fees applicable will be waived for that particular month. Any loss of revenues during down times is neither covered nor recoverable.
Access to the website is free to all. Access to password protected sections of the website is limited and can be accessed with a valid account.
Automated solutions, including tools, software applications and online systems used to access BeOnTop user accounts can only be used with permission. Please contact us to obtain permission.
We reserve the right to: (i) refuse the provision of services to any user; (ii) cancel user accounts; (iii) cancel, change, suspend and modify services offered to users at any time without notice or liability; or (iv) block any domain or traffic with the potential of causing disruption to the BeOnTop service.
Third Party Services
BeOnTop does not control or endorse, and makes no representations or warranties regarding, any Third Party Data, and your access to and use of such Third Party Data is at your own risk. Additionally, BeOnTop is not affiliated with or endorsed by any of these third parties, nor is it in a joint venture relationship or partnership with any of these third parties. To the extent BeOnTop uses any brand names and/or trademarks associated with such third parties, it does so solely to identify those companies and their services.BeOnTop makes no claim as to ownership of such third party trademarks.
BeOnTop can not be held liable for delays, Third Party Data skews or inconsistencies provided by third party providers.
BeOnTop can not accept any liability for interruption of services due to third party service interruptions.
Payment of Fees; Billing and Renewal Terms;
Payment of Fees. You must pay all fees and charges to your account in accordance with the fees, charges, and billing terms in effect at the time such fee or charge is due and payable. The initial charges will be equal to the current subscription and any additional services added and other add-ons, except as otherwise agreed to in writing. All payment obligations are due and payable and all amounts paid are nonrefundable. You acknowledge and agree that we will not refund any amount due to lack of usage of the platform or Services. All pricing terms are confidential, and you agree not to disclose them to any third party.
Billing and Renewal. BeOnTop charges and collects in advance for use of the Website and Services, as applicable. BeOnTop will automatically renew and bill your preferred payment method or generate an invoice as agreed.
Monthly subscriptions will be billed and are due on the first calendar day of every month. Any changes made to the account during the month (subscription, any other add-ons) will be charged on a pro-rate basis plus 1 month in accordance with this Agreement or as otherwise agreed to in writing from the preferred payment method immediately.
Yearly subscriptions will be billed on each anniversary or as otherwise agreed to in writing. Any changes made to the account during the year (subscription, seats, any other add-ons) will be deducted in accordance with this Agreement or as otherwise agreed to in writing from the preferred payment method or as agreed.
Non-payment and Suspension. BeOnTop invoices are issued and are due on the first calendar day of every month and on the calendar renewal date for yearly subscriptions. In addition to any other rights granted to BeOnTop herein, BeOnTop reserves the right to suspend or terminate this Agreement or your access to and use of the Website and Services if your account becomes delinquent. You will continue to be charged for your subscriptions and any add-ons during any period of suspension.
You agree and acknowledge that BeOnTop has no obligation to retain your data, information, contact lists, business profiles or Third Party Data and that all such data may be irretrievably deleted if your account is cancelled for any reason.
If termination of this Agreement or your access to and use of the Website or Services occurs, all balances owed or due on your account will become immediately due and must be paid in accordance with this Agreement. You agree that BeOnTop may charge any such amount to your credit card or otherwise bill you for such unpaid amounts.
If you believe that material located on or linked to by BeOnTop violates your intellectual property or the intellectual property of others, you are encouraged to notify BeOnTop. BeOnTop will respond to such notices and will remove the such infringing material and will disable links to any infringing material identified as required or as BeOnTop finds appropriate.
BeOnTop reserves the right to display attribution links such as ‘SEO by BeOnTop,’ theme author, font and image attribution, credits, and other similar statements and disclosures (“Credits”) in and on your page. Certain Credits, as determined by BeOnTop at its sole discretion, may not be removed.
This Agreement does not transfer from BeOnTop to you any BeOnTop intellectual property, and all right, title and interest in and to such property will remain (as between you and BeOnTop) solely BeOnTop. BeOnTop, the BeOnTop logo, and all other trademarks, service marks, graphics, slogans and logos used to identify BeOnTop, the Website or Services are trademarks or registered trademarks of BeOnTop or related entities. Other trademarks, service marks, graphics, slogans and logos used on the Website or in Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any BeOnTop or third party trademarks.
Notices shall be in the form of email or system message alerts.
By opening a BeOnTop account you agree to receive emails from BeOnTop and related entities. You have the ability to unsubscribe at any time.
BeOnTop may terminate your access to all or any part of the Website or Services at any time, with or without cause, with or without notice, in its sole discretion. Upon such termination, all amounts owed, accrued and payable will become immediately due. You have the right to stop using the Website or Services at any time; however, you will be obligated to pay any amounts contracted for or otherwise owed, accrued or payable to BeOnTop. Upon termination of access: (i) all rights granted to you under this Agreement will terminate immediately; and (ii) you must cease all use of the Website and Services. Termination will not limit any of BeOnTop’s rights or remedies under this Agreement or at law or in equity. We are not responsible for any loss, harm or other liability related to your inability to access or use the Website or Services.
The BeOnTop Service relies on data sourced from a number of providers, including third party providers. We endeavor to provide real time domain statistical data and apply quality filters as and when applicable, but as a general guide we believe that pure data can be more valuable and be more representative. We can not accept liability for any cases of data skews and/or quality levels.
We also warrant that BeOnTop will not violate any third party contractual obligations in relation to third party providers.
Except as expressly set forth in this Agreement, neither party makes and each party expressly disclaims any warranties as to the subject matter of this Agreement, including implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. For the avoidance of doubt, (i) the Service is provided “as is”; and (ii) BeOnTop makes no representations or warranties regarding the number, quality, or content of any Services or the timing of delivery of such Services, and, accordingly, BeOnTop users expressly assumes all risk and responsibility with respect thereto. Neither party shall be liable for any interrupted or inoperability of the Internet, technical malfunction, computer error, corruption or loss of information.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
IF FOR ANY REASON WE ARE HELD LIABLE, OUR LIABILITY IS LIMITED TO $100.00. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT AND THAT, IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
THE LIMITATIONS SET FORTH HEREIN WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Release and Indemnification
BeOnTop customers releases and forever discharges BeOnTop and any related entities from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with BeOnTop services.
Neither party shall be liable for the failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.
This Agreement shall be governed by Australian Law and the State of Victoria shall have exclusive jurisdiction in connection herewith. BeOnTop will comply with all applicable laws under this jurisdiction.
If a court of law or other tribunal of competent jurisdiction finds any provision of this Agreement invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.
The parties agree that the terms and conditions of this Agreement shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgment, confirmation or any other document issued by either party.