BY REGISTERING FOR A BLUECAMROO ACCOUNT, DURING WHICH PROCESS YOU TICK A CHECKBOX TO CONFIRM THAT YOU HAVE READ AND AGREE TO BLUECAMROO’S TERMS OF SERVICE AND PRIVACY POLICY, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (“THE AGREEMENT”). IN THE EVENT THAT YOU ARE REGISTERING THIS ACCOUNT ON BEHALF OF, OR FOR THE USE OF, A COMPANY OR OTHER LEGAL ENTITY, YOU ALSO CONFIRM YOUR AGREEMENT ON BEHALF OF THAT ENTITY, AND FURTHER CONFIRM THAT YOU HAVE THE RIGHT AND AUTHORITY TO ACCEPT THESE TERMS ON BEHALF OF THAT ENTITY, AND TO BIND IT TO THIS AGREEMENT.
For the purposes of this Agreement, the following definitions shall apply:
| The Company | BlueCamroo Inc, whose place of business is 3100 Steeles Avenue West, Concord, ON, together with any assignee or successor thereof. References to “us” and “our” relate also to the Company. |
| The System | The BlueCamroo hosted productivity application, including any extensions or interoperable components thereof provided by the Company. |
| The Service | The BlueCamroo website, System, data storage services, System-generated messages (whether by email, SMS or other format), customer forum, blogs, online/email-based support services, together with any related downloadable software, data or documentation provided by the Company. |
| Ancillary Services | Other services, whether related or unrelated to the BlueCamroo System, that may be offered or provided from time to time by the Company, its assignees, partners, affiliates or successors, including but not limited to consultancy services, systems integration or bespoke software development services, do not form part of The Service, and are subject to separate terms and conditions. |
| The Account | A system account within the BlueCamroo productivity application, comprising a related group of data, resources and users of The Service. |
| The Account Holder | The person who registers the Account, jointly with any company or other legal entity for whose benefit the Account is registered, and any successors thereof to whom the Account Holder for the time being transfers responsibility for managing the Account. The Company shall deem any person who accesses the Account by means of the Account Holder’s user name and password to be the Account Holder, and to be entitled to deal in all manners with the Account, including terminating the Account and deleting all data. References to “you” and “your” relate also to the Account Holder. References to the Account Holder in the masculine also include the feminine. |
| Internal User | The Account Holder may create additional users within the System. An Internal User is a user that may enjoy potentially full access to all features of the System (subject to permission controls). Internal Users will typically be (but are not required to be), colleagues, employees, associates or sub-contractors of the Account Holder. BlueCamroo base System charges are calculated with reference to the number of Internal Users. |
| External User | An External User will typically be (but is not required to be) a client or customer of the Account Holder. External Users have limited access to the System, and are provided features that are specifically adapted to interacting in the client/customer role. |
The BlueCamroo Service is provided ‘as-is’, without any warranty of fitness or suitability to the needs or requirements of the Account Holder. The Account Holder hereby acknowledges and confirms that through the provision of a free trial period he has been afforded fair opportunity to evaluate the Service and make his own assessment of its suitability before making any purchase. By renewing or continuing the Account in any month, the Account Holder acknowledges and confirms that the Service continues to meet his needs and requirements to his own satisfaction, and is without material defects.
The Account is created by the Account Holder through registering at the Company’s website, http://www.bluecamroo.com. Provision of the Account is at the sole discretion of the Company, and is subject to the following terms (“the Account Terms”):
The BlueCamroo name, logo, website, hosted productivity application, and all other textual and visual artifacts and functional characteristics of the Service are the copyright and intellectual property of the Company.
The Company hereby acknowledges the intellectual property rights of the Account Holder in any content uploaded to, or communicated through, the Service, and will take all reasonably precautions to protect the confidentiality of such communications.
The Company hereby asserts that its role in providing the Service is to offer a data repository and communications platform for the Account Holder’s lawful business data storage and communications needs. The Company does not in any way supervise the content created in the Service, and disclaims any and all responsibilities normally ascribed to a publisher.
In the event that any third party claims their intellectual property rights to be infringed by content created in the Service by the Account Holder, BlueCamroo shall require the Account Holder to promptly remove such infringing content. In the event that the Account Holder fails to do so, the Company shall itself delete such content, and shall charge an administration fee to the Account Holder in such an amount as it shall reasonably determine to reflect the costs and time expended in so doing.
All new Accounts benefit from an Initial Free Period. Unless otherwise stipulated during the signup process and accepted by the Account Holder, the duration of the Initial Free Period shall be 31 days from the date of signup.
New Accounts benefiting from the Initial Free Period are full, normal, unrestricted BlueCamroo Service accounts. They are not limited ‘trial accounts’, and will continue in operation beyond the end of the Initial Free Period unless cancelled by the Account Holder.
Payments for the Service are due in advance by credit card (or debit card in certain markets) at monthly intervals, on the same day of each month. The first Payment is due at the end of the Initial Free Period.
The Company shall send an email to notify the Account Holder 7 days before collection of the first monthly payment, and shall confirm receipt of each payment by email. Invoices for all payments are available to view and print from the Account Holder’s administration area.
It is the responsibility of the Account Holder to ensure that valid Credit/Debit card details are maintained in the Service to allow collection of monthly charges as they fall due. In the event that a payment can not be collected for any reason, the Company may at its sole discretion offer a Grace Period of 7 days, during which time the Company shall make reasonable endeavours to contact the Account Holder, and shall re-attempt collection each day. Should payment remain outstanding after, the Account will be suspended, whereupon access to the system by all Internal Users will be limited to Read Only, and Internal Users will see a message each time they log in to the system advising that payment is overdue. (No restriction will at this stage be placed upon External Users of the system). Should payment remain outstanding beyond 30 days after the original due date, the Account will be cancelled, and all data deleted.
Important: The Grace Period for payments is at the Company’s sole discretion, and may be withdrawn without warning from Account Holders where there are repeated difficulties in collection. Furthermore, no Grace Period at all will be offered for the first payment, due at the end of the Initial Free Period. Should the first payment not be collectable, the Account will be suspended immediately.
The Account Holder may Upgrade, Downgrade or Cancel the Service at any time. Any requested change to the service will be effective immediately, and any increased / decreased rate of charges will apply from the next regular payment date.
There will be no refund of part-used Services, nor any additional charge for increased Service levels between the date of any Upgrade and the next regular payment date.
The Company intends to continually develop, extend and improve the Service. As such, new features will be added to the Service from time to time, and certain existing features may be modified or withdrawn.
The Company reserves the right to modify these Terms, together with the price of the Service and any limits or allowances of disk space, bandwidth or other resources at any time. Such modifications shall be notified to the Account Holder by email, and shall become effective from the next monthly renewal of the Account. Account Holders who do not wish to continue the Service on the modified terms should cancel their Account before it renews.
The Company makes no warranty of the fitness or suitability of the Service for the Account Holder’s needs. Furthermore, while the Company will make all reasonable endeavours to ensure the continuous availability of the Service, it does not make any warranty or representation that the Service shall be available without interruption or defect at any time.
The Service is renewable month-to-month, and is payable monthly in advance. Accordingly, the maximum compensation available for any failure by the Company to deliver any aspect of the Service shall be one month’s Service charges, at the Account Holder’s selected service level.
The Company shall not under any circumstances be liable for any indirect or consequential losses, including but not limited to inconvenience, delay, loss of profit or loss of reputation, whether arising from Service interruption, error in processing or loss of data within the system.
In the event that the Account Holder is in breach of this Agreement, the Company may, at its sole discretion, Suspend or Terminate the Account, without compensation.
In all other circumstances, the Company shall have a general right to terminate the Service of giving at least 6 months’ notice.