Terms & Conditions
Terms & Conditions
- Definitions
- “Agreement” means any agreement to which
these terms & conditions are incorporated.
- “Package” means a collection of Services.
- “Prices” means the Prices for the Services
set out in order form or as otherwise notified to you.
- “Services” means the Services to be provided
by Toolsis.ai.
- “You/Your” means the person or company who
purchases Services from Toolsis.ai.
- Duration
and Renewal of Services
- Services for which payment is required are
only available on monthly basis. Unless you are on a contracted service.
- Cancellations
- When entering into a contract as a consumer
(not in the course of conducting business) the Consumer Contracts
(Information, Cancellation and Additional Charges) Regulation 2013 (“the regulations)
allow you to cancel the Contract at any time within 14 days, beginning on
the day after you receive written confirmation of our acceptance of your
order. However, by placing your order for the Services, you agree to us
commencing supply of those Services before the 14 days cooling off period
has expired. As a result, you will not have the right to cancel the
Contract under the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulation 2013.
- For the avoidance of doubt, any use of the
Services and/or any Package in the course of conducting business shall
give rise to you being a non-consumer and the provisions of this
Agreement affecting the statutory consumer protection you would otherwise
be afforded as a consumer shall not apply.
- Unless specifically stated to the contrary in
the details of the Service and/or Package You purchase, or agreed by Toolsis.ai
in writing prior to purchase, Services are not available on a trial
basis. It is Your responsibility to ensure that the Services you purchase
are suitable for your technical requirements.
- You are entitled to cancel the services by
submitting cancellation request using your online client interface no
less than one day prior to the next payment date of that service. Once Toolsis.ai
accepts your cancellation request you will be provided with written
confirmation. Cancellation requests will not be deemed to have been
received and accepted until we have issued our written confirmation to
you.
- Toolsis.ai reserves the right to cancel and/or suspend your services at any time without notice.
Fees and Payment
(a) Billing Policies. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to our Pricing and Payment Terms available at https://toolsit.ai/pricing, as we may update them from time to time. Toolsit may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our Pricing and Payment Terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
(b) No Refunds. You may cancel your Customer Account at any time; however, there are no refunds for cancellation. In the event that ToolsIT suspends or terminates your Customer Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your Customer Account, or for anything else.
Free Trials. We or our third-party service providers may offer free trials to a particular Service. We or our third-party service provider can automatically bill your payment method on the later of the day your free trial ends or the day you start your paid subscription, and on each recurring billing date thereafter, subject to Section 5(d). You will not receive a notice that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight Pacific Standard Time on the last day of your free trial period. If you cancel your subscription during a free trial, cancellation may be effective immediately.
Automatic Renewal of Subscription Fees. IF YOU SIGN UP FOR A SUBSCRIPTION, THE CORRESPONDING FEES AT THE RATE AS SET FORTH IN YOUR USER ACCOUNT AND/OR ON THE CHECKOUT PAGE WILL AUTOMATICALLY RENEW EVERY MONTH ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION. ANY NOTICE OF CANCELLATION MUST BE SUBMITTED ON YOUR SETTINGS PAGE OR IN WRITING AND SENT TO SUPPORT@TOOLSIT.AI AND WILL BE EFFECTIVE IN THE MONTH FOLLOWING THE MONTH YOU PROVIDE US NOTICE. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOUR SUBSCRIPTION AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD-PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
Risk of Loss. All products that may be purchased from or via the Services are transported and delivered to you by an independent carrier not affiliated with, or controlled by, ToolsIT. Title to products purchased on the Services, as well as the risk of loss for such products, passes to you when ToolsIT or our supplier delivers these items to the carrier.
(f) Payment Information; Taxes. We accept various payment methods through Stripe, including, without limitation, Mastercard, Visa, and American Express. By using the Services, you agree to be bound by Stripe’s Services Agreement available at https://stripe.com/us/legal. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
- Payment
- All Services and Packages must be paid for in
advance in accordance with the specific provisions of that Service or
Package. By signing up for a Toolsis.ai account You agree to commit to
the contract for the fixed term. It is not possible to provide early
payment and terminate the contract prior to the expiry of the fixed term.
- Payment will be due on the basis of the
Service and/or Package You have selected. If You have purchased Services
on a fixed month basis then You will be required to pay on the payment
plan You selected, paying in advance. Otherwise, payment will be required
monthly in advance.
- You will be invoiced automatically for the
next pre-paid period on the basis of your current payment plan shortly
before the expiry of the current pre-paid period unless You have
cancelled the Services in accordance with cancellation procedure outlined
in this document. Payment of the Price will be taken via the payment
method specified within the control panel and will be non-refundable. In
cases of failed payment, the invoice will become due and payable to Toolsis.ai
in its entirety.
- Toolsis.ai reserves the right to change the
Prices and/or nature of its Services by giving You written notice of
those changes. Notice of changes to Prices and/or Services will be given
by e-mail to the e-mail address held in Your Toolsis.ai Account. If You
have already purchased a particular Service, then the change in the Price
or nature of that Service will only become effective when the Service
reaches the end of its current term. You will be charged the new Price
when the Service is automatically renewed at the end of the current term.
- All payments must be made in GB Pounds,
inclusive of applicable taxes.
- You warrant that You are authorized to make
payment using the payment card or facility You disclose to Toolsis.ai. In
the event that You are not the named card holder, you acknowledge that
You and the party who is the named card holder both accept Toolsis.ai’s
Terms & Conditions and are jointly and severally liable for the
payment of all Prices for which payment will be taken from the payment
card. You will indemnify and hold Toolsis.ai harmless in the event that
the cardholder or issuer declines any transaction for payments to Toolsis.ai,
including all of Toolsis.ai costs in administering Your non-payment and
obtaining payment of those Prices due.
- Toolsis.ai reserves the right to suspend all
Services until payment is received in full and all outstanding debt is
cleared. Any non-payment of a recurring invoice may be subject to an
administration charge. You are responsible for all money owed on the
account from the time it was established until Toolsis.ai accepts Your
cancellation request. You are responsible for any additional costs
incurred by Toolsis.ai in the collection of outstanding debt.
- You are required to have a valid email
address at all times, failure to do so may result in automatic suspension
of Your account.
- Payments processed by PayPal are subject to
PayPal’s terms and conditions of Service, and Toolsis.ai makes no
representations or warranties with respect to those Services.
- No bills or invoices will be sent by regular
mail. All invoices will be sent directly to You via email shortly before
or after the purchase or automated renewal transaction is completed.
- If You fail to pay all Prices due, Toolsis.ai
reserves the right to interrupt, suspend or cancel the Services to You.
Such interruption, suspension or cancellation does not relieve You from
paying all contractually obligated invoices to Toolsis.ai.
- Please refer to Domain Registration Terms
& Conditions including, but not limited to, the specific payment
policies.
- Any unused Credit notes on Your Account will
be taken in payment of Your Service. Where the value of the unused Credit
note is less than the total payment due, the remainder of the balance
will be taken from the current payment method on Your account.
- Chargebacks
- If You withdraw any payments made via a bank,
credit card,PayPalor Stripe account (a “chargeback”) Toolsis.ai will
either defend such chargebacks directly with the card issuer or take
appropriate steps to recover the original monies from You in addition to
an administration fee for each inappropriate chargeback raised.
- If a chargeback is made, Toolsis.ai reserves
the right to immediately interrupt, suspend or cancel all services within
your Account. Such interruption, suspension or cancellation does not
relieve You from paying all contractually obligated invoices to Toolsis.ai.
- Appropriate
Service use
- Toolsis.ai reserves the right to refuse
Service and/or access to its servers and/or Services to anyone.
- Toolsis.ai does not allow any content which
breaches our Acceptable Use Policy to be stored on its servers. Toolsis.ai
reserves the right to remove content from the Services or suspend the
Services immediately where it reasonably suspects such content breaches
the Acceptable Use Policy.
- Toolsis.ai shall notify You if it becomes
aware of any allegation that You breach the Acceptable Use Policy or Fair
Use Policy.
- Refusal of Service based on the content being
contrary to our Acceptable Use Policy or Fair Use Policy is entirely at
the discretion of Toolsis.ai.
- Toolsis.ai reserves the right to move Your
data to a different server with no prior notice.
- You shall indemnify Toolsis.ai against all
damages, losses and expenses arising as a result of any action or claim
that the data, content and/or any other material breaches the Acceptable
Use Policy or Fair Use Policy.
- In the event that Toolsis.ai removes data or
content from the Services and/or suspends Your site pursuant to
Acceptable Use Policy or Fair Use Policy, and later reinstates such
content and/or resumes the Services, You shall indemnify Toolsis.ai
against all damages, losses and expenses arising as a result of any
action or claim that such content and/or data and/or the Services Your
site breaches the Acceptable Use Policy or Fair Use Policy.
- Scheduled
maintenance
- To guarantee optimal performance on the
servers, it is necessary for Toolsis.ai to perform routine maintenance.
Such maintenance often requires taking Toolsis.ai Services off-line,
typically performed during off-peak hours. Toolsis.ai will give You
advance notice of maintenance requiring the Services to be taken off-line
whenever possible by publishing notice on the Toolsis.ai website.
- Support
- We will endeavour to provide a continuous
high-quality service. If You experience problems with Your Service, You
should consult Toolsis.ai support website and search for a resolution to
Your problem in Toolsis.ai Knowledge Base. You will also find Toolsis.ai
support contact details in client area of Toolsis.ai website at
https://www.Toolsis.ai/client/.
- Please note we may require suspension of some
of Toolsis.ai Services for short scheduled periods to carry out
maintenance or repair to Toolsis.ai Services. Information concerning
scheduled downtime is available on the Toolsis.ai support website, as are
details of any interruptions to Toolsis.ai Services.
- Reselling
of Services
- All Services are intended for use by the
primary owner only, should you choose to resell, store or give away
web-hosting Services to other parties You agree that such activity will
be undertaken at your own risk. You also accept responsibility for
ensuring that all end users abide by these terms of service.
- Toolsis.ai accept no liability to you or any
third parties for losses arising from the Reselling of services.
- Toolsis.ai reserve the right to suspend
access to the automated management facilities of the Reseller account including
the API (Application Programming Interface) if a customer’s use is deemed
to be affecting the platform for which Toolsis.ai delivers the Services.
- Data
- All data created or stored by You within Toolsis.ai’s
applications and servers are Your property. Toolsis.ai shall allow access
to such data by only authorized Toolsis.ai personnel. Toolsis.ai makes no
claim of ownership of any web server content, email content, or any other
type of data contained within the accountholder’s server space or within
applications on Toolsis.ai’s servers.
- Toolsis.ai maintains backups of its servers
and infrastructure pursuant to its own archiving and business continuity
procedures. In the event of loss of or damage to your data relating to
actions made by You or on Your behalf you will not be given access to any
data stored as part of these procedures.
- In the event of loss of or damage to your
data relating to a failure in Toolsis.ai systems or servers, Toolsis.ai
will make reasonable commercial efforts to assist you in the restoration
of your data, however You accept full responsibility for maintaining
adequate backup copies of all your data.
- You shall indemnify Toolsis.ai against all
damages, losses and expenses arising as a result of any action or claim
that the content or data of Your site or content or data accessed from or
published as part of the Services infringes the intellectual property
rights of a third party.
- Passwords
- It is the account owner’s responsibility to
keep his/her password(s) confidential, and to change the password on a
regular basis. Toolsis.ai is not responsible for any data losses or
security issues due to stolen passwords or any passwords that You have
intentionally or accidentally disclosed to any third party.
- You accept full responsibility for any
purchases or modifications made within your control panel by You or by
third parties using your account password.
- Your
personal details
- You warrant that the contact information that
you provide to us on establishment of your account is correct, and that
You accept responsibility for keeping this information up to date at all
times. You agree that we may suspend access to your account and the
Services if we reasonably believe that the information you have supplied
is inaccurate.
- Please note that whilst Your email is
primarily used for billing purposes, Toolsis.ai reserves the right to
email You information about its product offerings. You can unsubscribe
from marketing communications within Your Toolsis.ai control panel.
- Toolsis.ai will not provide any of Your
personal information to other companies or individuals without Your
permission unless required to do so by law. However, Toolsis.ai may need
to provide Your name and delivery address to third parties that Toolsis.ai
may use for the purposes of delivering specific Services to You (e.g.
customer support). For more information about how Toolsis.ai will collect
and use Your personal information please read Toolsis.ai’s privacy
policy.
- Disclaimers
and Warranties
- Toolsis.ai does not back up your data/website
and whilst every attempt would be made in the unlikely event of any
corruption or hardware failure, Toolsis.ai cannot guarantee to be able to
replace lost data. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all Service interruptions
caused by Toolsis.ai.
- Toolsis.ai makes no warranties or
representations that any Service will be uninterrupted or error-free. You
accept all Services provided hereunder “as is” without warranty of any
kind.
- So far as permitted by law and particularly
in respect of non-consumers, all implied conditions, warranties and terms
(whether express or implied by statute, common law, custom or otherwise)
including, but not limited to, those relating to the exercise of
reasonable care and skill, fitness for purpose and satisfactory quality
(where applicable) are hereby excluded in relation to each of the
Services to be provided hereunder to the fullest extent permitted by law.
- For the avoidance of doubt, any use of the
Services and/or any Package in the course of conducting business shall
give rise to you being a non-consumer and the provisions of this
Agreement affecting the statutory consumer protection you would otherwise
be afforded as a consumer shall not apply.
- Liability
- Toolsis.ai shall not be liable for any loss
or damage of whatsoever nature suffered by You arising out of or in
connection with any breach of this Agreement by You or any act,
misrepresentation, error or omission made by You or on Your behalf.
- Toolsis.ai will not be liable for any
indirect loss, consequential loss, loss of profit, revenue, data or
goodwill howsoever arising suffered by You or for any wasted management
time or failure to make anticipated savings or liability You incur to any
third party arising in any way in connection with this Agreement or
otherwise whether or not such loss has been discussed by the parties
pre-contract or for any account for profit, costs or expenses arising
from such damage or loss.
- No matter how many claims are made and
whatever the basis of such claims, Toolsis.ai’s maximum aggregate
liability to You under or in connection with this Agreement in respect of
any direct loss (or any other loss to the extent that such loss is not
excluded by other provisions in this Agreement) whether such claim arises
in contract or in tort shall not exceed a sum equal to the fees paid by
You for the Services in relation to which Your claim arises during 1
month period prior to such claim.
- None of the clauses herein shall apply so as
to restrict liability for death or personal injury resulting from the
negligence of Toolsis.ai, its employees or its sub-contractors.
- Toolsis.ai shall not be liable for any
interruptions to the Services or outages arising directly or indirectly
from:
- interruptions to the flow of data to or from
the internet.
- changes, updates or repairs to the network
or software which it uses as a platform to provide the Services.
- the effects of the failure or interruption
of Services provided by third parties;
- factors outside of Toolsis.ai’s reasonable
control;
- Your actions or omissions (including,
without limitation, breach of Your obligations set out in the Agreement)
or those of any third parties;
- problems with Your equipment and/or
third-party equipment;
- interruptions to the Services requested by
You.
- Force
Majeure
- Toolsis.ai shall not be responsible for any
failure to provide any Services or perform any obligation under the
Agreement because of any act of God, strike, lock-outs or other
industrial disputes (whether involving the workforce of Toolsis.ai (or
any other party) or compliance with any law of governmental or any other
order, rule, regulation or direction, accident, fire, flood, storm or
default of suppliers, work stoppage, war, riot or civil commotion,
equipment or facilities shortages which are being experienced by providers
of telecommunication Services generally, or other similar force beyond
its reasonable control.
- Non-Waiver
- The failure of Toolsis.ai to require Your
performance of any provision shall not affect the full right to require
such performance at any time thereafter; nor shall the waiver by Toolsis.ai
of a breach of any provision hereof be taken or held to be a waiver of
the provision itself.
- Survival
- The provisions, terms, conditions
representations, warranties, covenants, and obligations contained in or
imposed by this Agreement which by their performance after the
termination of this Agreement, shall be and remain enforceable
notwithstanding termination of the Agreement for any reason. However,
neither party shall be liable to other for damages of any sort resulting
solely from terminating this Agreement in accordance with its terms, but
each party shall be liable for any damage from any breach by it of this
Agreement.
- Notice
- You agree that any notice or communications
required or permitted to be delivered under this Agreement by Toolsis.ai
to You shall be deemed to have been given if delivered by e-mail, in
accordance with the contact information You have provided.
- Governing
Law
- Except as otherwise set forth in the Domain
Dispute Policy, Your rights and obligations and all contemplated by this
Agreement shall be governed by Scots law and You submit to the exclusive
jurisdiction of the Scotland Courts.
- Legal
Fees
- If any legal action or proceeding, including
arbitration, relating to the performance or the enforcement of any
provision of this Agreement is brought by any party to this Agreement,
the prevailing party shall be entitled to recover reasonable legal fees,
expert witness fees, costs and disbursements, in addition to any other
relief to which the prevailing party may be entitled.
- Assignment
- You shall not assign, sub-license or transfer
Your rights or obligations under this Agreement to any third party
without the prior written consent of Toolsis.ai However, in the event
that Toolsis.ai consents to such an assignment, sub-license or transfer,
then this Agreement shall ensure to the benefit of and be binding upon
the parties and their respective successors and permitted assigns.
- Entire
Agreement
- This Agreement constitutes the entire
Agreement between the parties and agreements are representations or
warranties, express or implied, statutory or otherwise and no agreements
collateral here to than as expressly set or referred to herein. This
Agreement supersedes any prior agreements, representations, statements,
negotiations, understandings, proposals or undertakings, oral or written,
with respect to the subject matter expressly set forth herein.
- Amendment
in Writing
- We may update or amend these General Terms
and Conditions, the Domain Registration Terms & Conditions including
any technical specification relating to the Services and/or Package, the
Acceptable Use Policy, Fair Use Policy, Privacy Policy and any
information relating to the Services/Package from time to time to comply
with law or to meet our changing business requirements. We will give You
prior notice of any changes to the Agreement and You can choose to cancel
the Services without penalty before the new terms affect you. Display of
the modified terms and conditions shall be deemed to be notice to you.
You also agree to review the terms and conditions regularly to ensure you
are aware of any modifications.
- Further
Assurances
- The parties shall execute such further and
other documents and instruments and take such further and other actions
as may be necessary to carry out and give full effect to the transactions
contemplated by this Agreement.
- Relationship
of the Parties
- Nothing in this Agreement shall be construed
as creating an agency relationship, partnership or joint venture between
the parties.
- Joint
and Several Obligations
- If any party consists of more than one
entity, their obligations here under are joint and several.
- No
Third-Party Beneficiaries
- This Agreement does not provide and shall not
be constructed to provide any third parties, with any remedy, claim,
cause of action or privilege.
- Severability
- In the event that any provision of this
Agreement shall be unenforceable or invalid under any applicable law or
be so held by applicable court decision, such unenforceability or
invalidity shall not render this Agreement unenforceable or invalid as a
whole. Toolsis.ai will amend or replace such provision with one that is
valid and enforceable, and which achieves, to the extent possible, the
original objectives and intent of Toolsis.ai as reflected in the original
provision.
Please note by
signing up for any of our services you agree to be bound by all Toolsis.ai
terms and conditions.
Copyright Notice:
All the contents
of this website including images, text, graphics, and logos are copyright © at Toolsis.ai.
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