Special Projects Terms & Conditions
Bevero Terms & Conditions
Invoicing Schedule & Payments
Special Projects: 50% of the total project cost will be billed upon receipt of the signed Agreement with the balance due 30 days later or at the time of project completion, whichever comes first.
We require a major credit card (MasterCard, Visa, or AMEX) to be held on file to be automatically debited.
There are no refunds for any services rendered or provided by us nor 3rd party vendors associated with or connected with our services. Term of services is month‐to‐month.
All outstanding balances are due at the time of cancellation of recurring services, service fees are not prorated and the remaining service payment will be due at cancellation. Fees associated with declined credit card transactions will be invoiced to you. Invoices unpaid within 5 business days will be charged a late fee of $25 plus 3% of the balance due each subsequent day. Failure to pay invoices within 5 business days will result in the deactivation of your services and your account causing your services, website, and/or software tools to be inaccessible. A service restoration fee of $100 will be charged upon reactivation of your account. A copy of all invoices are emailed to your primary and/or designated account contact(s).
EMAIL AND SMS RESPONSIBILITIES
In the event that Client chooses to use the email and/or the SMS features, Client represents and warrants that Client has a current relationship with each person to whom an email or text message is to be sent. Client is solely responsible for ensuring that the email and/or SMS feature(s) are utilized in a manner that complies with local, state, and federal laws, rules and regulations. This includes, but is not limited to, compliance with applicable email and telemarketing laws such as the CAN-SPAM Act and Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, the EU ePrivacy Regulation, and comparable state laws. Moreover, Client represents and warrants that each person to whom an email and/or text message is to be sent has specifically granted Client permission to do so by whatever technology Client chooses; and opt-outs are provided pursuant to applicable law, rule or regulation. Client is responsible for the content and will be identified as the sender of each email and/or text message sent on Client’s behalf. Client acknowledges that Client is responsible for obtaining any and all permissions required to use the email and/or SMS features.
TAXES
The Client shall be solely responsible for and agrees to pay, indemnify, and hold Bevero harmless from any and all sales, use, communications, excise, or similar tax or duty, and any other tax not based on Bevero net income, including penalties and interest and any associated professional fees, and all other imposts levied upon or chargeable with respect to the use, license, sale, or delivery of the services or other deliverables in respect of this Agreement, and any costs associated with the collection or withholding of any of the foregoing items.
Ownership and Usage
We are provisioning a cloud-based (hosted) software platform. You are granted a user license for 1 specified business and website domain. As a hosted platform you understand: (a) the Bevero system cannot be installed or utilized with any other service provider; (b) by default the Bevero system is a packaged software that is not customizable beyond its current features – fulfillment of requests for customization and rollout of new features or components is at our sole discretion, some features/services may be available at an additional cost; (c) the Bevero system is owned & maintained by us and we reserve all rights to the software and its source code, components, functions, features as well as any custom components that may be developed for your business, point‐of‐sale, and/or website (or webstore); (d) a device license is required for each device connecting to the X‐POS service, your license can be swapped between devices at your discretion using the Bevero admin or X‐POS system.
Third Party Software: a run license may be necessary to use some media and/or server-side components utilized for your web solution and your responsibility to purchase. Should we need to purchase and/or integrate software from other 3rd Party Vendor(s) into the applications or systems developed to meet your needs, you agree to abide by any licensing agreements set forth by the 3rd Party Vendor(s). All costs incurred with additional licensing or 3rd Party software will require your approval and will be licensed & invoiced to you. We reserve the right to utilize and/or resell applications or components developed by us without notice to you. In the event that we utilize or resell these applications or components, your branding and/or sensitive and proprietary information will be removed by us.
Content & Materials: You are responsible for the intellectual ownership and rights of the creator of the provisioned collateral, content, photos, etc. displayed (published) throughout your website or webstore including all materials delegated to us for use in the design and development of the framework theme, category, product pages, etc. We are not responsible for the integrity of, royalties, or the collection of permissions for usage of content you publish on your website or webstore. Should you elect to utilize any stock photos as part of your web store’s design, graphics or content; you are responsible for any applicable licensing fees. You accept liability and management of all graphics and content associated with your web store.
Client, or their respective licensors, shall be the exclusive owner of all data, information and other content of any type and in any format, medium or form, including personal information, that is (i) uploaded, submitted, posted, transferred, transmitted, or otherwise provided or made available, by or on behalf of Client or its end-users through their use of the services, or (ii) collected, downloaded, or otherwise received by Bevero or its services providers from Client or its end-users pursuant to their use of the services. Client Data may include, but is not limited to, name, email address, phone number, financial account information, transaction value and volume, and invoice data (“Client Data”) provided hereunder. You hereby grant Bevero a worldwide, limited-term license to host, copy, transmit, and use Client Data to provide the services and perform its obligations in accordance with this Agreement. Subject to the limited licenses granted herein, Bevero acquires no right, title or interest from Client or its licensors under this Agreement in or to Client Data.
Client hereby acknowledges and agrees that Client shall (i) be solely responsible for the accuracy, quality and legality of Client Data and of the means by which it acquired Client Data, (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the services, and notify Bevero promptly of any such unauthorized access or use, and (iii) use the services only in accordance with any instructions that may be provided by Bevero and any other applicable laws.
Maintenance & Transactions: You are responsible for: (a) input, maintenance and accuracy of all content & data entry including but not limited to: content, products, pricing, shipping rates, promotions, discounts, etc.; (b) payments & transactions made on your webstore including any purchases that may have been made in error whether due to your management, data entry or Bevero system errors; (c) all third party payment/transaction processing fees (ex. Authorize.net, merchant account, etc.); (d) all related transactions on the web store including but not limited to: inventory management, order processing & fulfillment, shipping, returns, etc.
Compatibility & Limited Warranty
Our solution is developed and tested for compatibility with most popular web browsers and devices. Due to the large variety and ever‐changing technology of web browsers and devices, we cannot guarantee that our solution and services will work with your preferred browser and/or device. We do not validate or modify 3rd party code or widgets for compatibility with Bevero CMS (content management system). We include a limited warranty for bugs (coding errors) found in functionality of the Bevero system. Warranty begins at the time of the setup of your Bevero solution and is effective so long as you are subscribing to Bevero services. Bugs reported will be repaired at no additional cost to you within a reasonable timeframe. Any request for modification or enhancement to your web solution is not covered by this limited warranty and are subject to our service rates. OTHER THAN THE LIMITED WARRANTY STATED ABOVE, Bevero DISCLAIMS ALL WARRANTIES WITH REGARD TO OUR SOLUTION AND SERVICES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NO INFRINGEMENT, UNINTERRUPTED SERVICE OR FITNESS FOR A PARTICULAR PURPOSE. Bevero FURTHER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE RELATED TO ANY CONFIGURATION, REPAIR, UPDATE, INSTALLATION OR OTHER WORK DONE ON THE CLIENT’S PREMISES BY AN EMPLOYEE, CONTRACTOR, AGENT, OR OTHER THIRD PARTY OF OR UNDER CONTRACT WITH XÜDLE.
Client Confidentiality
We will not share nor disclose in any shape or form trade secrets, methods, or otherwise relating to your confidential means of operations or way of doing business. We, however, reserve the right to showcase or demonstrate our services and/or produced deliverables to the extent that confidentiality is not an issue. Likewise, you may not disclose any trade secrets, strategies, marketing tactics, pricing, service rates, or otherwise relating to the software and services being provided to you.
Compliance with laws and regulations
Client shall abide by the Agreement and all applicable laws and regulations, including but not limited to Title III of the Americans with Disabilities Act (“ADA”), New York’s state and city level Human Rights Act, and California’s Unruh Civil Rights Act and Consumer Privacy Act. Client shall not transfer, use, or export system in violation of any laws or regulations of any government or governmental agency. The client shall only use the system for a lawful purpose.
The client is solely responsible for compliance with applicable PCI-DSS requirements; Bevero has no obligation to assist with PCI-DSS requirements in any way. Any assistance provided by Xüdle, or by Bevero’s employees, contractors, agents, representatives, or other related persons, at the request of Client, is provided without warranty or liability.
Limitation of Liability
NEITHER XÜDLE NOR YOU SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS, OR OTHER LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF XÜDLE HAS, OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES FAIL FOR THEIR ESSENTIAL PURPOSE. THE FOREGOING SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE. IN ALL CIRCUMSTANCES, EITHER XÜDLE’S OR YOUR TOTAL LIABILITY SHALL BE LIMITED TO THOSE AMOUNTS PAID TO Bevero UNDER THIS AGREEMENT.
Choice of Law and Jury Trial Waiver
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to applicable principles of conflicts of law to the extent that the application of the laws of another jurisdiction would be required thereby. In case of any dispute related to this Agreement, the parties to this Agreement agree to submit to personal jurisdiction in the State of Delaware. Furthermore, the parties to this Agreement hereby irrevocably and unconditionally submit to the exclusive jurisdiction of any court of the State of Delaware or any federal court sitting in the State of Delaware for purposes of any suit, action or other proceeding arising out of this Agreement. THE PARTIES TO THIS AGREEMENT IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS, OBLIGATIONS AND/OR PERFORMANCE OF THIS AGREEMENT.
Miscellaneous Provisions
This proposal is valid for 30 days from receipt. The terms of this contract are not subject to change with the exception of our service rates; you will receive 30 days advance notice, via email, of any changes to our service rates. Though we have expert experience and a high success rate; many success factors are not in our control therefore we do not guarantee any results that can or will be achieved. You agree to abide by our general terms of service and acceptable use policies; which are subject to change without notice.
ADA Compliance:
Bevero will build your web solution with all WCAG 2.1 standards in mind. Upon launch, compliance is your responsibility. We suggest you review the services provided by AccessiBe.com.
