Checkfront Terms of Service

  1. Definitions
  2. General Usage Agreement
  3. Registration Data & System Accounts
  4. Security, Hosting & Availability
  5. Data Protection, Ownership & Confidentiality
  6. Fees & Billing
  7. Customer Service & Support
  8. Cancellation & Termination
  9. Third-Party Sites and Services
  10. Partner Programs & Promotions
  11. Checkfront API
  12. Professional Services
  13. Logos and Trademarks
  14. Limitations & Amendment

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Please review these terms of service thoroughly before using Checkfront. This agreement is in best the interest of both parties. It clearly defines our relationship and respective responsibilities. Our terms are designed to be fair, open and accessible. If you require further clarification on any of these terms please don’t hesitate to contact us before continuing on with the service.

We will do our best to notify you when these terms change through our usual channels, however it is ultimately your responsibility as an account holder to stay up to date on this agreement. It always recommended that you review these terms before changing your subscription or engaging us in Professional Services.

These terms of service cover all subscription plans on Checkfront including our Free Trial, Developer Account, Paid Subscriptions and Professional Services.

These terms of service were last updated: April 18th, 2012.

  1. Definitions

    Checkfront, Inc. (referred to here as “Checkfront“, “We” or “Our“) provides its service (referred to here as “the Service“) according to the Terms specified in this policy (the “Terms“, or “Terms of Service“, or “Agreement“).

    “You” or “Your” means the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity, or employees using the Service. “Your Data” means all electronic data collected and stored by the system on behalf of You, including customer records, transactions, inventory items and statistics.

    “The Service” or “Subscription” includes (i) Your use of the Checkfront Application, front-end integrations and use of the Checkfront API.

    “Professional Services” includes any paid engagement not otherwise included part of our Subscriptions.

    Checkfront 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 termination of your account and removal of your data.

    By holding your Checkfront account you agree to be legally bound by all terms, policies and guidelines detailed or incorporated by reference in this document.

  2. General Usage Agreement

    1. You may access and use the Service only for Your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
    2. You will not use Checkfront to send unsolicited e-mails or text messages. You will not use Checkfront to communicate anything offensive, to promote anything illegal, harass anyone, or distribute content which is in violation of any other party’s rights, including, but not limited to, copyrights and privacy and publicity rights.
    3. You are responsible for configuring the System and ensuring it meets the needs of Your business. This includes testing pricing configurations, taxes, events, discounts and notifications.

  3. Registration & System Accounts

    1. If you register for an account, you agree to (a) provide accurate, current and complete information, (b) maintain the security of your password and access keys; (c) maintain and promptly update the Registration Data, and any other information you provide to Checkfront, and to keep it accurate, current and complete.
    2. You are responsible for all activity on your Checkfront account, and for all charges incurred. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as Your plan allows.
    3. You are an acting guarantor for any additional administrator, manager, or staff accounts You may create, and are responsible for ensuring they adhere to these Terms.

  4. Data Protection, Ownership & Confidentiality

    1. All of Your account data is inherently owned by You. We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not modify, redistribute or aggregate Your Data without prior consent from You.
    2. When processing bookings, we may disclose personal and transactional information to Payment gateways or other associated services. We do not rent, sell, share or disclose customer information to Third Parties without Your prior consent except as as compelled by law, or as expressly permitted in writing by You.
    3. You may export Your data in part or whole at any time in several common portable formats, however once the data has left our system, it is no longer covered by our privacy and security policies.
    4. Checkfront reserves the right to access any or all Your accounts in order to respond to Your requests for technical support, conduct systems audits and quality assurance.
    5. When your account is closed, Your entire database is remove from the system and may be held in our archives for no longer than 30 days.
    6. Additional information on your account may be retained in our customer management system for as long as reasonably required. This does not include personally identifiably information on Your customers, employees or detailed financial information of Your business.
    7. Storing credit card details in the system is strictly prohibited and breaks our PCI compliance. You may not store credit card numbers, expiry dates and cvc codes anywhere in Checkfront. To accept and / or process payments via Checkfront, You must use one of the certified payment gateways. There are no exceptions, excluded payment types or regions.
    8. Refer to the Checkfront privacy policy available at http://www.checkfront.com/privacy for information on how Checkfront collects, uses, discloses and protects personally identifiable information.

  5. Hosting, Security & Availability

    Checkfront takes reliability and security very seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment. More information about these services and technologies is available on our website.

    However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use Checkfront, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.

  6. Fees & Billing

    1. Fees and any other charges for the use of the Service are described on our website. They may change from time to time. If we change them, we will give you at least 30 days’ notice. Some price changes are not applied to existing accounts right away, however may at a later date. If they do change, your continued use of the Service after the change indicates your agreement with the new fees and charges after the effective date of the change. You are responsible for all taxes applicable to the fees in any applicable jurisdiction.
    2. Subscriptions are made available on a pay-as-you-go basis. All plans come with an initial 21-day trial period from the time the account was created and include a 30 day money back guarantee.
    3. If You have provided credit card details before the end of your 21-day trial and have elected to continue with a paid plan, you will be automatically be billed monthly starting on the day your account was upgraded. You also have the option of being billed for the Service in advance on a discounted yearly basis.
    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.
    5. Any refunds offered that aren’t part of our money back guarantee carry a 15% processing fee. This is to cover administrative costs and those charged by our payment processor.
    6. Each plan is designed to provide a maximum amount of bookings per month in the form of a booking quota. This allows us to allocate the appropriate resources to your account. If you go over your quota, you’ll be moved to the next available plan and the primary account holder will be notified via e-mail. This may require you to update your billing information. If you are over your plan quota by 10% or greater after 6 months, you will be billed at the rate of 49 cents USD per booking. If you wish to downgrade at a later date, it is your responsibility to do so.

  7. Customer Service & Support

    1. We are committed to providing the best possible customer support while keeping our service affordable. Each of our plans come with a support agreement. Pay-as-you go support is available where not included as part of your plan. It’s important you choose a plan that is in-line with your support expectations, and takes into consideration the complexities of your business.
    2. We reserve the right to refuse support, or charge for excessive requests not in-line with your subscription, overly complex configurations, or those out of the scope of and understanding of our general support staff.
    3. Our community support forum is available to members and trial accounts to post questions and find answers related to Checkfront. You may not use it to solicit other members, advertise or otherwise post messages outside of the general scope of our Service.

  8. 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 logging into Checkfront, navigating to Manage / Subscription, clicking on “Close Account”, and following the instructions. For security reasons, there are no other means of canceling your account. All of your content will be immediately deleted from the Service however may remain in our archives for up to 30 days. You are given the opportunity to export all of your data before closing your account.
    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.
    3. Checkfront provides a 30 day money back guarantee on all subscription packages. If you close your account (as defined in section 8A of these terms), anytime within 30 days of subscribing, you will be given a full refund. Please note that the 30 day money back guarantee is for subscription fees, and does not cover any associated setup, development or consultation charges. Any outstanding fees incurred outside of the subscription will be due immediately. Refunds can not be issued after the first 30 days, and we don’t prorate for partial months of service. Your account is activated the day you upgrade your account, and may not necessarily reflect that of your billing date in the case of a delayed or skipped payment.
    4. If your billing agreement ends by means other than closing your account as defined in this agreement, for example from within Paypal, a third party App store, or your balance is outstanding for more than 30 days, your account will automatically be suspended. It is your responsibility to contact us and arrange an alternate payment source.
    5. Notwithstanding any provision of these Terms, Checkfront reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Service, or any portion thereof and the rights of any third party to which you have granted access to your User Content through the Checkfront API; (b) block or prevent your future access to and use of all or any portion of the Service and the rights of any third party to which you have granted access to your Subscriber content through the Checkfront API; (c) change, suspend or discontinue any aspect of the Service or Content; and (d) impose limits on the Service.

  9. Third-Party Sites & Services

    1. Checkfront contains links and provides integrations to third-party Web sites and services (“Third-Party Sites”) as a service to those interested in this information, provide platform Extensions, Add-ons, Payment processors and other payment intermediaries that you may use in connection with your use of the Service. You use links to Third-Party Sites and any Third-Party Content or service provided there, at your own risk.
    2. Checkfront makes no claim or representation regarding Third-Party Content or Third-Party Sites, and provides links to them and integrations only as a convenience. Inclusion in the Service of a link to a Third-Party Site, Third-Party Content, or Third-Party Integration does not imply endorsement from Checkfront, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Checkfront accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Services, Third-Party Sites, or Web sites linking to the Service. When you leave the Service, our terms and policies no longer exclusively govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

  10. Partner Programs & Promotions

    1. The Checkfront referral program is intended to credit customers who refer us new Clients. Referrals are paid out quarterly to active accounts in good standing. Expired, closed or trial accounts are not eligible for the referral program. We reserve the right to refuse payment on a referral if it does not comply with these terms of service or does not appear to be a genuine customer referral.

  11. Checkfront API

    If you are a Subscriber, developer or operator of a website or application (“Checkfront API Implementation”, developer or operator, an “API Developer”) who wishes to use the Checkfront API this section applies to you. If you are using a plugin, or other extension that integrates Checkfront into an external application, tool or website, this section applies to you. If you are a Subscriber and you procure a third-party to develop a Checkfront API Implementation for you, this section applies to your and their use of the Checkfront API, and you are responsible for their compliance with this section to the same extent as though you were developing the Checkfront API Implementation yourself.

    Checkfront grants you a limited, revocable, non-exclusive, non-sublicensable license to use the Checkfront API as provided by Checkfront, in the manner permitted by the Terms. Such license does not license any other content to you, including Subscriber content. If you wish to use your Checkfront API Implementation to display or deliver any Content provided to us by a Subscriber, you must obtain the prior agreement of that Subscriber to that use, by obtaining a license from the Subscriber, in terms of use governing the use by that Subscriber of your Checkfront API Implementation, for your use of that content. This limited license is subject all Terms in this document, and any further restrictions set out in your terms of use and privacy policy agreed to by the Subscriber. If you do not present terms of use and a privacy policy to our Subscribers upon their use of your Checkfront API Implementation, you may not use the Checkfront API.

    Your use of the Checkfront API is also subject to the following restrictions. You may not:

    1. Interfere or attempt to interfere in any manner with the proper workings of the Checkfront API, or create or distribute any Checkfront API Implementation that adversely affects the functionality or performance of The Service or adversely impacts the behavior of other applications using the Checkfront API;
    2. misrepresent your identity or intentions when communicating with us in relation to the Checkfront API, use the developer credentials licensed to a different individual or entity, allow your credentials to be used by others, or mask your usage of the Checkfront API;
    3. use the Checkfront API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality;
    4. circumvent or render ineffective any IP address-based functionality or restriction imposed by The Service;
    5. build conversion functionality that converts Content from the Service to a competing product or service; or
      at any time you are operating your Checkfront API Implementation, solicit, interfere with or endeavour to entice away from us any of our Subscribers.

    You agree to carefully monitor your use of the Checkfront API and ensure that it remains within reasonable operational limits for both your own server capacity and for ours. You acknowledge and agree that we may impose or adjust the limit on the number of transactions you may send or receive through the Service; such fixed upper limits may be set by us at any time, at our discretion.

    Checkfront has no responsibility to any person for any use or misuse of any Content obtained through the Checkfront API. Once data has been transmitted outside of our systems, it is no longer covered by our data protection and privacy policies. It is Your responsibility to ensure the proper safeguards are in place. If you are a Subscriber, you should consider carefully whether you wish to give an API Developer access to your Content through the Checkfront API. If you wish to revoke access to your Content through the Checkfront API, you should change your Checkfront API key or revoke authorization of the Checkfront API Implementation to your Content. Please contact us at support@checkfront.com if you want assistance doing this.

  12. Professional Services

    Checkfront may make available Professional Services outside of the general agreement of our subscriptions. This may include pay as you go support, system configuration, platform customizations and general consulting.

    Notwithstanding any provision of these Terms the following applies to all Professional Services offered by Checkfront:

    1. We may require a non-refundable deposit or payment in full before extending or completing any extra services.
    2. Checkfront does not extend exclusive rights to any part of the Service, including custom development and training material.
    3. You may not re-sell, license or misrepresent customizations as your own.
    4. We reserve the right to offer any customizations commissioned to all members of our system in whole or part.
    5. Our Professional Services are not covered by our 30 day money back guarantee and there are no refunds unless otherwise specified.
    6. We do our best to assign the appropriate resources to a Professional Service engagements, but we make no warranties or guarantee a delivery time.
    7. We reserve the right to delay, suspend or revoke a Professional Service Agreement at any point during the engagement.

  13. Logos and Trademarks

    CHECKFRONT™ and Checkfront’s various logos used or displayed on the Service are trademarks of Checkfront and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Checkfront products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.

  14. Limitation of Liability

    Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Checkfront be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption. In addition, Checkfront shall not be liable for any direct damages, costs, losses or liabilities in excess of the monthly service fee paid or payable by you for the one month preceding the time of any claim for monetary damages. The provisions of this section allocate the risks under this terms of service between the parties, and the parties have relied on these limitations in determining whether to enter into this agreement.

  15. 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. Checkfront 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.
    3. Checkfront may assign or transfer these Terms of Service, in whole or in part, without restriction.
    4. 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.

  16. 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.

  17. Questions and Comments

    If you have any questions regarding these Terms or your use of the Site, please contact us.

    Checkfront Inc
    170-422 Richards Street,
    Vancouver, BC, Canada,
    V6B 2Z4