Checkfront Terms of Service

Checkfront, Inc. (the "Company") offers the Checkfront (the "Checkfront ") according to the Terms of Service declared below. The Company reserves the right to modify these terms without notice. Your continued usage of Checkfront constitutes your acceptance of these terms, available at http://www.checkfront.com/terms. Violation of any terms may result in removal of your inventory and termination of your account.

1. Privacy Policy

   Please refer to Checkfront privacy policy, available at http://www.checkfront.com/privacy (the "Privacy Policy") for information on how Checkfront collects, uses and discloses personally identifiable information from its users. By using the Site you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

2. Usage Terms

   1. Checkfront is not intended for children under 13. By using Checkfront , you are representing that you are at least 18, or that you are at least 13 years old and have your parents' permission to use Checkfront .
   2. You may not use Checkfront for any illegal activity or to violate laws in your jurisdiction.
   3. You may not exploit Checkfront to access unauthorized information.
   4. The Company reserves the right to modify, suspend, or discontinue Checkfront for any reason, with or without notice.
   5. Checkfront is provided "as is" and "as available". You assume complete responsibility and risk for your use of Checkfront . The Company does not warrant that (i) Checkfront will meet your requirements, (ii) you will be satisfied with Checkfront , (iii) you will at all times be able to use Checkfront , (iv) Checkfront will be without errors.
   6. The Company is not responsible for any damages or loss resulting from your use of Checkfront .
   7. Any failure of the Company to enforce or exercise a right provided in these terms is not a waiver of that right.
   8. Should any provision of this Creator Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
   9. These Creator Terms of Service constitute the entire agreement between you and the Company and supersede any and all previous agreements, written or oral, between you and the Company, including previous versions of the Creator Terms of Service.

3. Registration Data; Account Security

   If you register for an account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Checkfront, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Checkfront. You are responsible for all activity on your Checkfront account, and for all charges incurred by your Checkfront account.

4. Fees; Charges; Taxes

   1. Fees and any other charges for the use of the Site are described on the Site. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Site after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees in any applicable jurisdiction.
   2. Paid service plans are made available on a pay-as-you-go basis. All plans come with an initial 30-day trial period from the time the account was created.
   3. If You have provided credit card details before the end of your 30-day trial and have elected to continue with a paid plan, you will be billed monthly starting on the 30th day after your account was initially created. You also have the option of being billed for the Service in advance on a monthly, quarterly or yearly basis, in which case the difference in the upgrade price will be prorated on your first bill.
   4. For any upgrade or downgrade in plan level, your credit card will automatically be charged the new rate on your next billing cycle. Downgrading your account may cause the loss of content, features, or capacity of your account. Checkfront does not accept any liability for such loss. In addition, special pricing may apply for customers with an exceptionally high bookings or traffic.




Cancellation and Termination

1. You are responsible for properly canceling your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by navigating logging into Checkfront, navigating to Manage / Company, clicking on "Close Account", and following the instructions. There are no other means of canceling your account. All of your content will be immediately deleted from the Service upon cancellation however may remain be held in backup for up to 30 days.
2. If You cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Regardless of Your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused if You close Your account before the end of Your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base.



5. Advertisements, Promotions and Partner Programs

   Checkfront may run advertisements, promotions and offer services from third parties. Your and your customers business dealings or correspondence with, or participation in promotions of, advertisers, partners other than Checkfront, and any terms, conditions, warranties or representations associated with such dealings, are solely between you, your customers and such third party. Checkfront is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

6. Limitation of Liability

   1. You waive and shall not assert any claims or allegations of any nature whatsoever against Checkfront, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the "Released Parties") arising out of or in any way relating to your use of the Site or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.
   2. Without limitation of the foregoing, neither Checkfront nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from Checkfront or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Checkfront or any other Released Party's records, programs or Services.
   3. In no event shall the aggregate liability of Checkfront, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site during the three months prior to the date of any claim.
   4. You shall defend, indemnify and hold harmless Checkfront and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, and if you are a Subscriber, from your Customers’ use of the Site and from the use of the Site by any person to whom you give access to your account (including as staff), including any claims made by any person that any of your, and if you are a Subscriber, your Customers’, User Content infringes the rights, including the intellectual property rights, of any third party.

7. Governing Law

   This Agreement shall be governed exclusively by the laws by the Province of British Columbia and the laws of Canada applicable therein, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You agree that any claim or suit against Checkfront arising out of or related to this Agreement must be brought non-exclusively in the Courts of the Victoria, British Columbia, and any competent Courts of Appeal therefrom.

8. Amendment / Waiver

   1. No provision of this Agreement shall be deemed waived, amended or modified by You, unless such waiver, amendment or modification is in writing and signed by Checkfront. The failure of a Checkfront to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by You of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of Checkfront to enforce each and every such provision thereafter.
   2. Checkfront reserves the right to modify the terms and conditions of this Agreement at any time without notice to You. Check will promptly post any changes to these terms and conditions on its web site and it is Your responsibility to periodically review this Agreement for any changes to ensure that You understand and are in full compliance of these terms and conditions.

9. Severability

   If any provision of this Agreement is unenforceable or invalid for any reason whatever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this Agreement and such provision shall be severable from the remainder of this Agreement.

10. Questions and Comments

    If you have any questions regarding these Terms or your use of the Site, please contact us here:
    By mail:

    Checkfront Inc
    1027 Pandora Street,
    Victoria, BC, Canada
    V8V 3P6
    

    By email:support@checkfront.com

Last Updated: November 11th 2009