In these Terms, the following expressions have the following meanings:
- Account: the registered and unique account with complete and accurate information for you and your company
- Authorized User: any person with age of 18 years or older, who is authorized to use the Service on your behalf
- Company: legal entity that is owner of the ResourceFlex Service
- Fees: the fees payable by you for the Service
- Service: the ResourceFlex online service
- Website: www.resourceflex.com Website
In consideration of your agreeing to pay the Fees, we agree to make the Service available to you and your Authorized Users, and grant you a non-exclusive, non-transferable license to access the Service.
Providing an access to Authorized Users is allowed only as specified in your Account. Each Authorized User can have their own login, and all logins must be used by only one person and should not be shared with anyone else.
You must not charge any person for being an Authorized User or making use of the Service.
You are responsible for providing an adequate access right and privileges to the Authorized Users. We accept no liability for any acts or omissions of any Authorized User.
You are only permitted to use the Service for your own internal business purposes, for the Service's intended purpose and in accordance with the Service’s intended functionality. All other use without our consent is prohibited.
Security of your Account
You have the full responsibility for maintaining the security of your and your Authorized Users' account details and passwords. The Company will not be liable for any loss or damage you may incur due to failure by you or your Authorized Users to safeguard your account details or passwords.
Content you create
You warrant that the Content created by you, or your Authorized Users will comply with our acceptable use policy. We reserve the right to remove any Content that we consider to be in breach of our acceptable use policy, or if there is a claim by a third party that the Content does not comply with that policy.
Technical support is available via email using the address stated on the Service. Our team will make a reasonable effort and time to answer or act on your request for technical support.
Billing and Refund Policy
A valid credit card is required for paying the Fees. Free accounts (trials) are not required to provide a credit card number. The Service is billed monthly in advance and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or in respect of months in which you do not make use of your Account.
The Fees will be charged for the first time immediately after the end of your initial trial period, unless you cancel your Account before then.
For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
In the event of suspension of the Account, either because of non-payment of your obligations, or because of temporary closure of the Account, we will preserve the affected Content for a period of up to two months or until termination of this agreement (whichever is the sooner). We will have no liability for any loss or damage to such Content.
Usage of the Service
You agree to use the Service with fair usage of the bandwidth. If your usage significantly exceeds the average bandwidth usage of our other customers (as determined by the Company), we reserve the right to immediately suspend your Account or to handle hosting of your files until you reduce the high bandwidth consumption.
Account Suspension, Cancelation and Termination
Termination of the Service will result in the deactivation or deletion of your Account and or your access to your Account, access of the Authorized Users and all content in your Account.
You are solely responsible for properly canceling your Account. An email or phone request to cancel your Account is NOT considered cancellation. You can cancel your Account at any time by clicking on the Account Settings.
All of your Content will be deleted from the Service 60 (sixty) days upon the cancellation, unless your Account is reactivated during this period. This information cannot be recovered once it is removed from the Services.
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 anymore.
To the extent that any Content constitutes personal data within the meaning of the Data Protection Act 1998, you warrant that you are the data controller in respect of that Content, and you agree to indemnify us in respect of any claim by a third party that any processing of such personal data by means of the Service does not comply with the Data Protection Act 1998 (or any other applicable legislation concerning the processing of personal data).
You agree that we process such personal data as data processor on your behalf, and not as a data controller.
Information and Intellectual Property Rights
You acknowledge that all intellectual property rights in the Service throughout the world belong to us or to our licensors, that rights in the Service are licensed (not sold) to you, and that you have no rights in, or to, the Service other than the right to access it in accordance with these terms.
We acknowledge that (as between us and you) all Content created by you or your Authorized Users belongs to you. You agree that we can use, reproduce, modify, display and distribute your Content on and through the Service (including any third-party infrastructure). This license is non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and worldwide, but only extends to what is reasonably necessary for us to provide and manage the Service.
If you provide suggestions, ideas, feedback or recommendations to us regarding the Service, we will be free to use, disclose, reproduce, license or otherwise exploit such feedback, without any obligation or restriction to you of any kind.
You agree that we may identify you or your company as a customer of ours and you hereby grant us a non-exclusive, royalty-free right use your company name and logo on our promotional materials including our website, or any media now or later developed in connection with promotion or advertising of the Service. If, however, you prefer to remain anonymous, please contact us and we will ensure that you are not used in any marketing materials.
The Service will be enabled by us with reasonable care and expertise, and will deliver reasonable activities to ensure the Service is available at all times during normal working hours, except for scheduled maintenance window for which we will provide a notification.
You acknowledge that the Service may not be free of errors or malfunctions, and may encounter unavailability or may work with interruptions, and you agree that the existence of any of these will not create a breach of these terms.
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY RELIANCE ON THE SERVICE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER THE COMPANY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. THE COMPANY MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN OR MADE AVAILABLE ON THE WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY.
Events outside of our control
The Service may be interfered with by numerous factors outside the Company’s control, including but not limited to Internet disruptions, failures of any data or telecommunications equipment, system or network used in connection with the Service. We will NOT be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside of our reasonable control.
Modification of Terms or Fees
We may modify or replace these terms, or revise any Fees, by posting the changes to the Website or to the Service or by sending a notice to you by email. The revised terms or Fees will take effect from the start of your next billing cycle. If you do not terminate your Account before any such revision in the terms or Fees takes effect, then you will be considered to have accepted the revised terms or Fees.