Service Level Agreements
Important Policies
Last Updated: 2024-02-10 13:22:10 UTC
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between the Byte Flick and you, and is made effective as of the date of your use of this website (“Site”) or the date of purchase of any service.
This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the applicable policies and agreement (including the applicable product agreements), which are incorporated herein by reference.
When your use of the Services requires us to process any personal data or personal information, we will do so in accordance with our Privacy Policy which is incorporated into this Agreement by reference.
The Site and Services are intended for your commercial or professional use. By utilizing them, you acknowledge and agree that your purpose is commercial or professional in nature.
The terms “we”, “us” or “our” shall refer to Byte Flick. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Byte Flick may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Byte Flick may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. Byte Flick assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Byte Flick finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Byte Flick shall not be liable for any loss or damage resulting from Byte Flick’s reliance on any instruction, notice, document or communication reasonably believed by Byte Flick to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Byte Flick reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
Sanctions. You represent and warrant that you are not ordinarily resident of, and will not use or distribute the Byte Flick Services in any country or region subject to US comprehensive country or other sanctioned country by US or EU / UN. You further confirm that you are not included on any sanctions list (including avoiding circumvention), including without limitation, the US Specially Designated Nationals and Blocked Persons List maintained by the US, Consolidated list of persons, groups and entities subject to EU financial sanctions maintained by EU or any other applicable sanctions list maintained by the United Kingdom or other country. You also confirm that you are not owned 50 percent or more, whether directly or indirectly in the aggregate, by any sanctioned individual or entity (“Sanctioned Party”), nor are you otherwise controlled by such a party. Additionally, you agree not to use or distribute the Services, either directly or indirectly, to or for the benefit of any Sanctioned Party.
If there is a change in your status that results in your inclusion on a sanctions list (maintained by the US, EU/UN or other country) or if you become owned or controlled by an entity on such a list, you are required to promptly notify Byte Flick. You agree to actively participate in sanctions screening processes, including providing all necessary information as requested by Byte Flick, also your full cooperation is mandatory in any competent authority investigation related to sanctions compliance.
In the event that Byte Flick becomes aware of your becoming subject to sanctions maintained by the US, EU/UN or other country, Byte Flick reserves the right to terminate your use of its Services immediately and without any notice.
Additionally, Byte Flick retains the discretion to terminate Services, if it reasonably suspects that you have links to a Sanctioned Party. Furthermore, you agree to indemnify and hold Byte Flick harmless against any losses, including but not limited to monetary penalties and legal fees, that may arise due to your non-compliance with the aforementioned sanctions-related confirmations.
Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Byte Flick that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Byte Flick has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Byte Flick reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, Byte Flick recommends that you change your password at least once every six (6) months for each Account. You must notify Byte Flick immediately of any breach of security or unauthorized use of your Account. Byte Flick will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Byte Flick or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
Account Management Access (Account Sharing). The Services allows you to grant access (depending on permissions granted) to your Byte Flick account to another Byte Flick customer. You may revoke any person’s ability to access your account at any time. By authorizing any person to access your account, you acknowledge and agree that:
You are assuming full legal and financial responsibility (and undertake to fully release Byte Flick from any related liability) with respect to your decision to grant access to your account to any person or with respect to any actions such person may take or fail to take with respect to your account.
By requesting access to the Byte Flick account of another customer, Byte Flick customer undertakes to use such access solely in the best interest of and as authorized by the customer granting access.
Please note that Byte Flick is not involved in the actual contract between a Byte Flick customer granting access and/or requesting/receiving access to an account. Should there be a dispute between the parties, you must address such dispute directly with the individual you are in contract with.
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis.
The Services do not support all local languages. If a local language is not supported, then the Service will default to English only. To the extent that the Services are used with a local language (other than English) or in a certain country, there may be limitations to certain features or functionality within the Service or services provided by third parties (e.g. payment methods).
You acknowledge and agree that:
Byte Flick reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
In addition to the general rules above, the provisions in this Section apply specifically to your use of Byte Flick Content and User Content posted to Byte Flick’s corporate websites (i.e., those sites which Byte Flick directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Byte Flick Content. Except for User Content and User Intellectual Property, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, artwork, graphics, website templates, themes and widgets, literary work, computer code (including html), applications and other media, designs, animations, interfaces, derivatives and versions thereof, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, customized URLs and all copyrightable materials (“Byte Flick Content”), are owned by or licensed to Byte Flick in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United Kingdom and foreign countries, and other intellectual property rights under UK and foreign laws.
Byte Flick Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Byte Flick. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Byte Flick reserves all rights not expressly granted in and to the Byte Flick Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights. However, Byte Flick hereby grants to the User a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Byte Flick Content, for the purpose of generating and displaying websites created through relevant Services provided by Byte Flick, solely as expressly permitted under this terms and conditions, and solely within the relevant Services. For the avoidance of doubt, if certain Byte Flick Content is provided (bundled) with certain Services’ plan, the User is allowed to use such Byte Flick Content solely within the relevant Services’ plan.
User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account.
User Intellectual Property. User shall own all intellectual property pertaining to User Content and to any other materials created, developed, or connected to Services by User, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary works.
By posting or publishing User Content or User Intellectual Property to this Site or to the Services, you represent and warrant to Byte Flick that
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Byte Flick Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Byte flick Content or the User Content therein.
The provisions in this Section apply specifically to Byte Flick’s use of User Content posted to Byte Flick’s corporate websites (i.e., those sites which Byte Flick directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
Byte Flick shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content (Other Than User Submissions).
If you have a website or other content hosted by Byte Flick, you shall retain all of your ownership or licensed rights in User Content.
By posting or publishing User Content to this Site or through the Services, you authorize Byte Flick to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.
You hereby grant Byte Flick a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Byte Flick’s (and Byte Flick’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.
You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Byte Flick may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Byte Flick shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Byte Flick’s (or Byte Flick’s affiliates’) business(es).
Byte Flick generally does not pre-screen User Content (whether posted to a website hosted by Byte Flick or posted to this Site). However, Byte Flick reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Byte Flick may remove any item of User Content (whether posted to a website hosted by Byte Flick or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Byte Flick in its sole and absolute discretion), at any time and without prior notice.
Byte Flick may also terminate a User’s access to this Site, the Services or the Account (at Byte Flick’s sole discretion) without notice if:
If Byte Flick terminates your access to this Site, Services or the Account, Byte Flick may, in its sole and absolute discretion, remove and destroy any data and files, including back-up copies, stored by you on its servers. Please note that using one Service for illegal activity mentioned herein does not limit Byte Flick’s right to terminate User’s Account.
Byte Flick expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify (including access to or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Byte Flick in its sole and absolute discretion), including but not limited to the following:
Byte Flick expressly reserves the right to terminate, without notice to you, any and all Services where, in Byte Flick’s sole discretion, you are harassing or threatening Byte Flick and/or any of Byte Flick’s employees.
Byte Flick expressly reserves the right to access, edit, and (or) in any other way modify your Account and (or) Services, including but not limited to, User Submissions and User Content, in order to assist you when you reach out to the Customer Service via live chat, email or ticketing system. Byte Flick shall not be liable for any loss or damage resulting from such actions.
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
We encourage all customers and recipients of email generated from our products and services to report suspected spam.
Suspected abuse can be reported by email abusecomplaints@byteflick.org.
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
Byte Flick supports the protection of intellectual property. If you would like to submit
(i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or
(ii) a copyright claim for material on which you hold a bona fide copyright,
Please refer to Byte Flick’s Trademark and/or Copyright Infringement Policy referenced above and available here.
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Byte Flick.
Byte Flick assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Byte Flick does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Byte Flick from any and all liability arising from your use of any third-party website.
Accordingly, Byte Flick encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”.
BYTE FLICK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BYTE FLICK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY BYTE FLICK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER, CHATBOT OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
IN NO EVENT SHALIN NO EVENT SHALL BYTE FLICK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (REGARDLESS OF WHETHER THEY HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING).
THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGES THAT MAY RESULT FROM
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL BYTE FLICK’S TOTAL AGGREGATE LIABILITY EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE WHICH GAVE RISE TO SUCH DAMAGES DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OCCURRED OR 10,000 GBP, WHICHEVER IS LESS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless Byte Flick and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Byte Flick directly or indirectly arising from
The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
Byte Flick reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Byte Flick makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will no longer be supported by Byte Flick, in any way, effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Byte Flick will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Byte Flick in its sole and absolute discretion. Byte Flick may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. Byte Flick will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
You agree that your Payment Method may be charged by our local payment service provider, and subject to the provisions of our Privacy Policy.
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
By purchasing our Services, you agree to provide correct and full payment related information (including information required for tax exemptions, such as VAT/GST number). Any claims or requests will be handled only if they are provided not later than within 30 days of the date of purchase, unless applicable laws provide otherwise.
If you use automatic payments, you will always need to have one payment method that’s designated as a primary. You can also add a backup payment method to your account that will be used if your primary payment method does not work for some reason. In case your primary method does not work, we will automatically charge your costs to your backup payment method in order to ensure that your Services keep running.
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Byte Flick expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by using PayPal (Third Party Gateway), if applicable (and as defined below), each a “Payment Method”. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account.
You acknowledge and agree that where refunds are issued to your Payment Method, Byte Flick’s issuance of a refund receipt is only confirmation that Byte Flick has submitted your refund to the Payment Method charged at the time of the original sale, and that Byte Flick has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
In order to ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option. The automatic renewal option automatically renews the applicable Service for a renewal period equal in time to the most recent service period, except for domain names which will renew for the original service period. For example, for products other than domains, if your last service period is for one year, your renewal period will be for one year. We have the right, but not an obligation, to inform you via email about the upcoming automatic renewal date (e.g. we will not send notifications for clients having 1 month plans). While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you disable the automatic renewal option, Byte Flick will automatically renew the applicable Service when it comes up for renewal and will take payment from the Payment Method you have on file with Byte Flick at Byte Flick’s then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. In order to see the renewal settings applicable to you and your Services, simply log into your members area and find the respective account. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and Byte Flick shall not be liable to you or any third party regarding the same. In addition, Byte Flick may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, Byte Flick will automatically update your payment profile on your behalf. Byte Flick makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to
Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and Byte Flick shall not be liable to you or any third party regarding the same. If for any reason Byte Flick is unable to charge your Payment Method for the full amount owed for the Services provided, or if Byte Flick receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Byte Flick may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. Byte Flick also reserves the right to charge you reasonable “administrative fees” or “processing fees” for
Typical administrative or processing fee scenarios include, but are not limited to
These administrative fees or processing fees will be billed to the Payment Method you have on file with Byte Flick. Byte Flick may offer product-level pricing in various currencies; however, transaction processing is supported only in U.K. pounds and a select number of the currency options displayed on this Site (“Supported Currency” or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in U.K. pound and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between
Byte Flick makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing).
In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
Refund Policy: Products and Services available for refunds are described here (“Refund Policy”). For products and services eligible for a refund, you may request a full refund within thirty (30) days of purchase (“Refund Period”). In the event you purchase a product that includes a free domain name, if you cancel the product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on Byte Flick’s website and is not subject to any promotion, discount, or other reduction in price.
In no event will you be eligible for more than one refund of the same product.
(B) PAY BY PAYPAL
Please note that Byte Flick does not process PayPal payments directly. Instead, we utilize a third-party payment gateway that accepts PayPal as a payment method. When you choose to pay by PayPal, your transaction is facilitated through this third-party service provider.
By using pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).
It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that
If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Byte Flick may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.
By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.
By selecting the PayPal payment option, you acknowledge and agree to the terms outlined above regarding PayPal payments. Please be aware that any issues or disputes related to PayPal transactions should be addressed according to PayPal’s policies and procedures.
(C) INTERNATIONAL PAYMENT OPTIONS
Byte Flick offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at Byte Flick. You also agree to allow the IPP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method(s) linked to your e-wallet account) or any other type of account associated with the selected IPP (including but not limited to, prepaid cards and mobile payments), collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by Byte Flick.
It is your responsibility to keep your Funding Sources current and funded. You acknowledge and agree that
You acknowledge that Byte Flick will not attempt to fulfill the Services purchased by you until Byte Flick receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If Byte Flick does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your Byte Flick account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.
If, at the time Byte Flick receives confirmation of payment from the IPP (through its associated payment processor), either
Byte Flick may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If you receive a full refund, you will need to begin the purchase process again. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Byte Flick will be net of the IPP Fees unless otherwise specified.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Byte Flick makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
If you have any questions about this Agreement, please contact us by email:
compliance@byteflick.org