Terms of Service

Last updated on: May 14, 2020


By signing up for a BookingTimes Account (as defined in Section 1) or by using any BookingTimes Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “BookingTimes” means the applicable BookingTimes Contracting Party (as defined in Section 4 below).

The services offered by BookingTimes under the Terms of Service include various products and services to help you sell goods and services to buyers online (“Online Services”). Any such services offered by BookingTimes are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service.

You can review the current version of the Terms of Service at any time at https://bookingtimes.com/Terms. BookingTimes reserves the right to update and change the Terms of Service by posting updates and changes to the BookingTimes website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

You must read, agree with, and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including BookingTimes Privacy Policy.
Summaries
Everyday language summaries are provided for convenience only and appear in the light blue box below each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements.

1. Account Terms

  1. To access and use the Services, you must register for a BookingTimes account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. BookingTimes may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
  2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
  3. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  4. You must not post or submit false information to the Service.
  5. Your login must only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as you like.
  6. Technical support is only provided to paying account holders and one designated administration person.
  7. You are responsible for keeping your password secure. BookingTimes cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  8. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  9. Verbal or written abuse of any kind (including threats of abuse or retribution) of any BookingTimes customer, BookingTimes employee, member, or officer will result in immediate Account termination.
  10. A breach or violation of any term in the Terms of Service, as determined in the sole discretion of BookingTimes may result in an immediate termination of your Services.
Which Means
You are responsible for your Account and any Materials you upload to the BookingTimes Service. Remember that if you violate these terms, we may cancel your service.

2. Account Activation

2.1 Business Owner

  1. Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Business owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Business owner in connection with the Service.
  2. If you are signing up for the Services on behalf of your employer, your employer shall be the Business owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service
  3. Your BookingTimes Website can only be associated with one Business owner. A Business owner may have multiple BookingTimes Websites. “Website” means the online system associated with the Account.

2.2 Staff Accounts

  1. Based on your BookingTimes pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Business owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general website settings).
  2. The Business owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Business owner’s own acts, omissions, or defaults.
  3. The Business owner and the users under Staff Accounts are each referred to as a “BookingTimes User”.

2.x Apple Pay for Safari Acount

Upon completion of sign up for the Service, BookingTimes will create an Apple Pay for Safari (“Apple Pay”) account on your behalf, using the URL(s) and business name associated with your Account. Depending on your location, BookingTimes may activate your Apple Pay account on your behalf, otherwise you will be required to activate your Apple Pay account within your Account admin. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance

2.3 Third-party Payment Processor

  1. We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe Connect, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

2.4 Domain Names

  1. Upon purchasing a domain name through BookingTimes, domain registration will be present to automatically renew each year so long as your BookingTimes Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
Which Means
Only one person can be the “Business owner”, usually the person signing up for the BookingTimes Service. The Business owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account.

If you sign up on behalf of your employer, your employer is the Business owner responsible for your Account.

We automatically create certain accounts for you to accept payments. You are responsible for complying with their terms, which are with various third parties.

Any domain you purchase through us will automatically renew unless you opt out.

3. General Conditions

3.1 All Accounts

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the Privacy Policy before you may become a BookingTimes User.
  1. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Wyoming and the laws of the United States of America applicable therein, without regard to principles of conflicts of laws.
  2. You acknowledge and agree that BookingTimes may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on BookingTimes’s website, available at https://bookingtimes.com/Terms. and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to BookingTimes’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  3. You may not use the BookingTimes Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United States of America and the State of Wyoming. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by BookingTimes.
  5. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use BookingTimes or BookingTimes trademarks and/or variations and misspellings thereof.
  6. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  7. The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending booking confirmation notifications via SMS) (the "SMS Services"). You will only use the SMS Services in compliance with these Terms of Service, Nexmo Inc.'s Acceptable Use Policy, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
  8. Your Sites And Your End Users Are Your Responsibility. Your Sites may have their own visitors, customers and users (“End Users”). You understand and agree that (a) Your Sites and your End Users are your responsibility; (b) you’re solely responsible for providing products, services and support to your End Users; and (c) you’re solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users. We’re not liable for, and won’t provide you with any legal advice regarding, Your Sites or your End Users. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement. You are responsible for handling chargebacks from your end users.
  9. You acknowledge and agree that your use of the Services, including information transmitted to or stored by BookingTimes, is governed by its privacy policy at https://www.BookingTimes.com/privacy
  10. 10. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and BookingTimes’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.BookingTimes.com/Terms will prevail.
  11. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. BookingTimes shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without BookingTimes’s prior written consent, to be given or withheld in BookingTimes’s sole discretion.
  12. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
Sections 1, 3(2)-(5), 4, 6-8, 12-13, 15(5), 16, 18 and 19 will survive the termination or expiration of these Terms of Service

Questions about the Terms of Service should be sent to BookingTimes Support.

HIPAA Enabled Accounts

  1. 1. If your use of the Services requires you to comply with industry-specific regulations applicable to such use, such as HIPAA, you will be solely responsible for such compliance, except to the extent BookingTimes has agreed with you in writing otherwise. You are not permitted to use the Services in any way that would subject BookingTimes to such industry-specific regulations without obtaining BookingTimes’ prior written agreement. For example, you may not use any Services to collect, use, disclose, protect or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under US federal regulations) unless your Account for such Services is designated as HIPAA-enabled and you enter into a separate business associate agreement with BookingTimes.
Which Means
The BookingTimes service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

You are responsible for your end users.

4. BookingTimes Contracting Party

  1. “BookingTimes Contracting Party” means BookingTimes Inc., a United States corporation, with offices located at 1910 Thomes Ave, Cheyenne, Wyoming, 82001.
  2. 2. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Wyoming with respect to any dispute or claim arising out of or in connection with the Terms of Service.
Which Means
If a dispute arises you may bring an action in the State of Wyoming, USA.

5. BookingTimes Rights

  1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Website, or the Materials uploaded or posted to a Website, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
  4. BookingTimes does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Website.
  5. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that BookingTimes employees and contractors may also be BookingTimes customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
  6. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
  7. BookingTimes retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Business owner. If we are unable to reasonably determine the rightful Business owner, without prejudice to our other rights and remedies, BookingTimes reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Which Means
We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a BookingTimes account, we can freeze the account or transfer it to the rightful owner, as determined by us.

6. Confidentiality

  1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. BookingTimes’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
  2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
Which Means
Both you and BookingTimes agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.

7. Limitation of Liability

  1. You expressly understand and agree that, to the extent permitted by applicable laws, BookingTimes shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
  2. To the extent permitted by applicable laws, in no event shall BookingTimes or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, BookingTimes partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. BookingTimes does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
  5. BookingTimes does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
  6. BookingTimes does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
Which Means
We are not responsible if you break the law, breach this agreement, or go against the rights of a third party, especially if you get sued.

8. Waiver and Complete Agreement

The failure of BookingTimes to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and BookingTimes and govern your use of the Services and your Account, superseding any prior agreements between you and BookingTimes (including, but not limited to, any prior versions of the Terms of Service).
Which Means
If BookingTimes chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.

These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and BookingTimes don’t apply if they conflict with these terms.

9. Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the Materials you provide to the BookingTimes Service. All Materials you upload remains yours. You can remove your BookingTimes Website at any time by deleting your Account.
  2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Website; (b) to allow BookingTimes to website, and in the case of Materials you post publicly, display and use your Materials; and (c) that BookingTimes can, at any time, review and delete all the Materials submitted to its Service, although BookingTimes is not obligated to do so.
  3. You retain ownership over all Materials that you upload to the Website; however, by making your Website public, you agree to allow others to view Materials that you post publicly to your Website. You are responsible for compliance of the Materials with any applicable laws or regulations.
  4. BookingTimes shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Website to promote the Service.
Which Means
Anything you upload remains yours and is your responsibility.

10. Themes

  1. You may establish the appearance of your BookingTimes Website with a design template from BookingTimes’s Theme Website (“a Theme”). If you download a Theme, you are licensed to use it for a single Website only. You are free to transfer a Theme to a second one of your own Websites if you close your first Website. To initiate a transfer of a Theme to a second one of your Websites, please contact BookingTimes Support. You are not permitted to transfer or sell a Theme to any other person’s Website on BookingTimes or elsewhere. Multiple Websites require multiple downloads and each download is subject to the applicable fee. BookingTimes gives no assurance that a particular Theme will remain available for additional downloads.
  2. You may modify the Theme to suit your Website. BookingTimes may add or modify the footer in a Theme that refers to BookingTimes at its discretion. BookingTimes may modify the Theme where it contains, in our sole discretion, an element that violates the BookingTimes AUP or other provisions of the Terms of Service, even if you received the Theme in that condition. BookingTimes may modify the Theme to reflect technical changes and updates as required.
  3. The intellectual property rights of the Theme remain the property of BookingTimes. If you exceed the rights granted by your purchase of a Theme, BookingTimes may take legal action against you, and, without prejudice to our other rights or remedies, BookingTimes may take administrative action such as modifying your Website or closing your Website.
  4. It is the responsibility of the user, and not BookingTimes, to ensure that the installation of a new theme does not overwrite or damage the current or pre-existing theme, or UI, of the user.
Which Means
You can purchase our Themes to use for one Website at a time. Feel free to modify our Themes, but respect that BookingTimes owns the Themes. Note that Themes may disappear over time and are subject to change.

11. BookingTimes Email

You may generate or send email from your Account using the BookingTimes email services (the “Email Services”). In addition to the terms applicable to the Services generally (including the Privacy Policy), the following terms apply to your access and use of the Email Services:

  1. BookingTimes employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or BookingTimes’s Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you explicitly grant BookingTimes the right to employ such Content Scanning. BookingTimes does not warrant that the Email Services will be free from Threats, and each BookingTimes merchant is responsible for all content generated by their respective Websites.
  2. BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). BOOKINGTIMES, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.
  3. Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.
  4. Your use of the Email Services must comply with BookingTimes’s Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services.
    1. You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.
    2. Your use of the Email Services must follow all applicable guidelines established by BookingTimes. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:
    3. using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
    4. using purchased or rented email lists;
    5. sending emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com);
    6. sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
    7. failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
    8. failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
    9. disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
    10. including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
  5. If You or a customer knows of or suspects any violations of the Email Services Requirements, please notify BookingTimes at support@BookingTimes.com. BookingTimes will determine compliance with the Email Services Requirements in its discretion.
  6. BookingTimes Email Services utilize Third Party Providers, including SendGrid (a Twilio Company) and Amazon Web Services (an Amazon company). Your use of the Email Services is subject to SendGrid’s Acceptable Use Policy and Amazon Web Services’ Acceptable Use Policy as they may be amended by SendGrid or Amazon Web Services from time to time.
Which Means
By using the Email Services, you agree that BookingTimes may use certain tools to ensure the content of the emails sent through the service is safe and compliant with our policies.

12. Payment of Fees

  1. You will pay the Fees applicable to your subscription to Online Services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using our payment processor (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as SMS, Themes, domain names, custom support fees, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
  2. The Service contains SMS integration and you can purchase SMS credits in advance at a rate of 10 cents.
  3. Support requests do not cover changes to web pages, content creation, image alterations or email setup. These will be quoted for upon request.
  4. After 2 months of using BookingTimes, phone calls for business development purposes are priced separately at $75 / 30 minutes.
  5. BT offers many upgrades for free, however, custom platform upgrades can also be done on a quotation basis.
  6. A valid credit card is required to create an account and will be kept on file with us to pay for all incurred and recurring Fees. BookingTimes will charge applicable Fees to the credit card and BookingTimes will continue to charge the credit card for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full.
  7. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  8. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. BT does not accept any liability for such loss.
  9. Subscription Fees are paid in advance and will be billed either monthly or annually on the anniversary that your website goes live (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at BookingTimes’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Business owner via the email provided. As well, an invoice will appear on the Account page of your Website’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
  10. If we are not able to process payment of Fees using an Authorized Payment Method, we will make additional attempts once per day for 14 days. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your website during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, BookingTimes reserves the right to terminate your Account.
  11. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  12. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of BookingTimes’s products and services. To the extent that BookingTimes charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your credit card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to BookingTimes of your exemption. If you are not charged Taxes by BookingTimes, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
  13. For the avoidance of doubt, all sums payable by you to BookingTimes under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by BookingTimes to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. BookingTimes shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
  14. You must maintain an accurate location in the administration menu of your BookingTimes Website. If you change jurisdictions you must promptly update your location in the administration menu.
  15. BookingTimes does not provide refunds. BookingTimes does not provide refunds or credits for partial months of service, upgrades, downgrades, or refunds for months unused with an open account. BookingTimes does not provide transaction fee refunds.
Which Means
A valid credit card is required for all websites. You will be billed for your Subscription Fees either monthly or annually. Any Transaction Fees or Additional Fees will be charged to your credit card. If we are not able to process payment of Fees using an Authorized Payment Method, we will make additional attempts once per day for 14 days. If payment of Fees is unsuccessful on the final attempt, BookingTimes may freeze your website. You may be required to remit Taxes to BookingTimes or to self-remit to your local taxing authority. No refunds.

13. Cancellation and Termination

  1. You may cancel your Account and terminate the Terms of Service at any time by clicking on your subscription plan located in the ”My Account” menu and clicking “Cancel Account.”
  2. Upon termination of the Services by either party for any reason:
  3. BookingTimes will cease providing you with the Services and you will no longer be able to access your Account;
  4. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
  5. 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.
  6. any outstanding balance owed to BookingTimes for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
  7. your Website will be taken offline and you will no longer be able to access the services.
  8. If you purchased a domain name through BookingTimes, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
  9. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
  10. We reserve the right to modify or terminate the BookingTimes Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
  11. Fraud: Without limiting any other remedies, BookingTimes may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
Which Means
To terminate your account, click on your subscription plan located in the ”My Account” menu and click “Cancel Account.”. Once termination is confirmed, domains purchased through BookingTimes will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

14. Modifications to the Service and Prices

  1. Prices for using the Services are subject to change upon 30 days’ notice from BookingTimes. Such notice may be provided at any time by posting the changes to the BookingTimes Site (BookingTimes.com) or the administration menu of your BookingTimes Website via an announcement.
  2. BookingTimes reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
  3. BookingTimes shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Which Means
We may change or discontinue the service at anytime, without liability.

15. Third Party Services

  1. You understand that BT uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  2. By connecting to third-party systems including, but not limited to payment gateways, Medicare or other government services, you authorize BookingTimes to make claims on behalf of your business and staff.
  3. We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that BookingTimes has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services.
  4. BookingTimes does not guarantee the availability of Third Party Services and you acknowledge that BookingTimes may disable access to any Third Party Services at any time in its sole discretion and without notice to you. BookingTimes is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service.
  5. Under no circumstances shall BookingTimes be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services. These limitations shall apply even if BookingTimes has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
Which Means
We are not responsible for third party services so use them at your own risk. If you use Third Party Services on the BookingTimes platform, you permit us to send your data to those services.

16. Feedback and Reviews

BookingTimes welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to BookingTimes be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to BookingTimes (whether submitted directly to BookingTimes or posted on any BookingTimes hosted forum or page), you waive any and all rights in the Feedback and that BookingTimes is free to implement and use the Feedback if desired, as provided by you or as modified by BookingTimes, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to BookingTimes must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. BookingTimes reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

17. DMCA Notice and Takedown Procedure

BookingTimes supports the protection of intellectual property and asks BookingTimes merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to BookingTimes’ designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
Which Means
BookingTimes respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.

If you believe one of our merchants is infringing your intellectual property rights, you can send BookingTimes a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant.

18. Rights of Third Parties

Save for BookingTimes and its affiliates, BookingTimes Users or anyone accessing BookingTimes Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
Which Means
Only BookingTimes, BookingTimes Users and persons accessing BookingTimes Services have any rights under these Terms of Service.

19. Privacy and Data Protection

BookingTimes is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that BookingTimes’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, BookingTimes’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.

Which Means
BookingTimes use and collection of personal information is governed by our Privacy Policy. Additionally, if you or your customers are located in Europe, BookingTimes’ use and collection of European personal information is further governed by our Data Processing Addendum.

Questions

Please send any questions or comments about these Terms of Service to support@bookingtimes.com.

BookingTimes LLC.
1910 Thomes Ave
Cheyenne, WY 82001
USA