Terms and Conditions

Welcome to Suite 88

 

SUITE 88 Terms of Service

Date of Last Revision: July 25, 2017

Suite88, Inc., Proudli Technologies LTD and Proudli Global Strategies LLC. ("Suite88") provides a collection of tools and resources to maintain an online store, process orders, promote businesses and sell products and travel related services online and other services (collectively, the " Services"). The following are the terms and conditions for use of the Services (the " Terms"), along with any amendments thereto and any operating rules or policies that may be published from time to time by Suite88. You agree that you have read and understand, and have the capacity and authority to accept, agree to and be bound by these Terms.

  1. Definitions
    1. In these Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:

“CLIENT” means the person or entity identified in the order, who wishes to obtain the Services provided by SUITE88.

"CUSTOMER" means buyers of goods or services advertised for sale on the  Suite88 Site.

“INFLUENCERS” means third party Key Online leaders, promoting, posting sharing or influencing sales of Client services to Customers or affiliates of the Suite88 site.

“SITE” Means WWW.SUITE88.NET and all it’s affiliate and subsidiaries.

“Partnership” means any content or services Partnership between Suite88.net  or Posts made for the CLIENT.

“Conditions” means these Terms and Conditions of Sale.

“Contract” means a contract for sale between PROUDLI LLC. and the CLIENT of the Services formed in accordance with Clause 4(c).

“Expiry Date” means the date on which the posting or publication of a Partnership expires as specified on an Order and confirmed by PROUDLI LLC. pursuant to Clause 4(c).

“Force Majeure Event” means any event or circumstances the occurrence and the effect of which PROUDLI LLC. could not reasonably prevent or avoid including:

      1. explosion, fire, flood, war, earthquake, storm or other natural disasters;
      2. war, declared or undeclared, sabotage, insurrection, terrorist or criminal acts whether online or offline, riot or civil disturbance;
      3. import or export regulations or embargo or requisition restrictions regulations or any acts or measures or any intervention of any governmental or regulatory authority;
      4. epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the authorities concerned or any governmental authority;
      5. strike, lock-out, work stoppage or other industrial action or trade dispute (whether involving employees of PROUDLI LLC. or any other person); and
      6. telecommunication, network or Internet disruptions or interruptions.
      7. Social Media Account Block

“Online Payment” means payment by any one or more of the following payment modes as may be designated by PROUDLI LLC. from time to time: Paypal, credit card, bank transfer and other designated payment modes.

 

"Order" means an online order placed via the Site by a CLIENT with PROUDLI LLC. for the Services in accordance with these Conditions.

 

“SWEET MEDIA MARKETING.” means Proudli LLC and its affiliates Proudli Technologies Limited, Proudli Global Strategies Consulting  Limited.

“Parties” means PROUDLI LLC. and the CLIENT and “Party” means any one of them.

 

“Payment Processing Company” means the applicable payment or card processing entity (including any banking institution) for the relevant Online Payment mode.

“Service” means the service listed on the Site for which PROUDLI LLC. executes orders in accordance with these Conditions, and includes the posting and publication of Partnership(s) on the Site.

 

“Service Package” means the Service Package listed on the site for which PROUDLI LLC. executes Orders in accordance with these Conditions.

 

“Site” means any website or mobile application owned and operated by PROUDLI LLC. and its affiliates/subsidiaries.

 

“Subscription” means our marketing services that the CLIENT has subscribed to by an Order.

“Third Parties” is defined in Clause 10(a).

“Validity Period” means the validity period of a Service Package or Subscription as specified on an Order.

  1. Service and Terms
    1. The Services are provided subject to these Terms and any operating rules or policies that Suite88 may publish from time to time (collectively, the " Agreement"). Suite88 may make changes or modifications to this Agreement at any time, and such changes or modifications are effective immediately upon the earliest of (a) Suite88’s email notification to you advising you of such changes or modifications, (b) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the "Date of Last Revision" date at the top of the Terms, or (c) your continued use of the Services after Suite88 posts the updated Agreement to Suite88.com. In addition, when using particular Suite88 services, Customer and Suite88 will be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.
    2. Customer will be one party to this contract. For Customers resident in the United States, Suite88, Inc. Proudli LLC, will be the other contracting party. For all other Customers (non-residents of the United States), Proudli Ltd. will be the other contracting party.
    3. The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
    4. The Services provides a collection of tools and resources to manage an online store, process orders and sell products and services online. In addition, the Services may include migration services relating to your use of the Suite88's tools and resources.
    5. Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an email address and password for Customer's Suite88 account. Customer is responsible for maintaining the security of Customer's account, passwords, and files, and for all uses of Customer's account and of the Services in Customer's name. Suite88 reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
    6. Suite88 acknowledges no liability or responsibility for the security of credit cardholder data to the extent that Suite88 has control of that data.  Suite88 processes all transactions through Paypal encrypted gateways to ensure safety and security of users credit card security. To that end, Suite88 undertakes regular assessments consistent with Paypal requirements and processing. Customer acknowledges that Customer is responsible for determining the PCI DSS merchant requirements applicable to the Customer and Customer's unique use of the Suite88 platform and tools.
    7. Suite 88 endeavors to utilize Paypal wherever possible and vendors should have a Paypal account in order to receive and send payments promptly.
  2. Restrictions and Responsibilities
    1. This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (" Software"); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
    2. Customer represents, covenants, and warrants that Customer will use the Services only in compliance with these Terms, Suite88's published privacy policies or otherwise furnished to Customer (the " Privacy Policy ") and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. Customer hereby agrees to indemnify and hold harmless Suite88 and its Content Providers and the respective directors, officers, employees and agents of each against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although Suite88 has no obligation to monitor the content provided by Customer or Customer’s use of the Services, Suite88 may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
    3. For every email message sent in connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer will not engage in the act of sending unsolicited emails.
    4. In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to Suite88. Suite88 may use this information and any technical information about Customer's use of this website to tailor its presentations to Customer, facilitate Customer's movement through this website, or communicate separately with Customer. Suite88 will not provide information to companies Customer has not authorized, and Suite88 will not authorize the companies that get such information to sell and redistribute it without Customer’s prior consent.
    5. Customer acknowledges and agrees that: (a) the Services including without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, " Proprietary Information") are owned by Suite88 and/or its third party sponsors, partners, and other co-branders (collectively, " Content Providers"), (b) the Proprietary Information contains valuable copyrighted material and is protected by U.S. and international copyright and other intellectual property laws, (c) the Proprietary Information is licensed, rather than sold, to Customer pursuant to these Terms, and (d) Customer has no rights in the Proprietary Information, other than the rights and licenses granted to Customer herein.
    6. Suite88 Trademarks. "Suite88" and our logos (both words and design) either are trademarks, service marks, or registered trademarks of Suite88 or its Content Providers, and may not be copied, imitated or used, in whole or in part without Suite88's prior express written consent or that of our Content Providers. In addition, all page headers, custom graphics, design and user interface elements, and scripts are service marks, trademarks, and/or trade dress of Suite88 and may not be copied, imitated, or used, in whole or in part without our prior written permission, which consent may be withheld in our sole discretion. All other marks or logos not owned by Suite88 are the property of their respective owners.
    7. Reservation of Rights. Except for the rights expressly granted to Customer pursuant to these Services, Customer acknowledges that it has no right, title or interest in or to this website, the Services or Proprietary Information. All rights not expressly granted by Suite88 in these Terms are hereby reserved by Suite88. There are no implied rights.
  3. Term and Termination
    1. Customer may terminate this Agreement at any time. To learn more about how to terminate this Agreement, please click here . See also Section 7 below (Fees and Payment; Upgrade, Downgrade and Cancellation of Services) for more information regarding termination of this Agreement or related Services.
    2. Suite88 may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Suite88 will have no liability to Customer or any third party because of such termination.
    3. Upon termination or expiration of this Agreement by either party for any reason, (a) Suite88 will cease providing the Services, (b) you will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise and (c) any outstanding balance owed to Suite88 for your usage of the Services through the effective date of such termination or expiration will immediately become due and payable in full. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
    4. Upon termination or expiration of this Agreement by either party for any reason, Suite88 may delete any Customer archived data within 30 days after the date of termination.
  4. Disputes Regarding Account or Site Ownership
    1. The entity or person creating a Suite88 account and designated as the owner will be deemed the account owner. For security reasons, only the account owner or the point of contact designated by the account owner will be allowed to make changes, cancellations, or designate a new point of contact. Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site, store or account.Suite88 is not obligated to, and will not, resolve any such disputes.
    2. If multiple persons are claiming ownership of or rights in a site, store or account, and, in Suite88's sole judgment, there is uncertainty as to the ownership of or rights in such site, store or account, then Suite88 will, to the extent of its knowledge and ability, notify such persons of the dispute and demand that such persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Suite88 of all liability and obligations concerning the dispute and such site, store or account. If the disputing persons fail to resolve the dispute within what Suite88, in its sole judgment, deems to be a reasonable time, then Suite88, at its sole option and without any obligation to do so, may suspend or terminate the account until such persons resolve such dispute and reach certainty regarding ownership of or rights in such website, store and/or account. The person or persons conclusively and finally determined by court order, binding arbitration or settlement agreement to be the rightful owner(s) or interest holder(s) of such website, store and/or account will be obligated to pay all amounts due and comply with the then current Suite88 policy regarding transfers of accounts, if required, to transfer ownership of the site, store and/or account to the rightful owner. Failure of the rightful owner of such site, store and/or account to timely pay in full all of such amounts will be deemed a breach of these Terms and will subject the account to immediate termination.
  5. Customer's Name and Trademarks; Customer Feedback; Customer Submissions
    1. Name and Trademarks. Customer hereby grants Suite88 a non-exclusive right and license to use Customer’s name and such of Customer’s trade names, trademarks, service marks and logos ("Customer’s Marks") as are used by Customer on Customer’s hosted sites in connection with this Agreement, and images and publically-facing information about Customer on Customer’s hosted sites including, but not limited to, screenshots of Customer’s hosted sites and associated photographs appearing on Customer’s hosted sites ("Customer Public Information and Images"): (a) on Suite88's own websites describing and promoting Suite88's Services, (b) in printed and online advertising, publicity, directories, newsletters and updates describing and promoting Suite88's Services, and (c) in applications reasonably necessary and ancillary to the foregoing. Customer (i) represents and warrants to Suite88 that Customer has all necessary rights to grant Suite88 the foregoing rights, and (ii) agrees that neither Customer nor anyone else will be entitled to any compensation for Suite88's exercise of the foregoing rights.
    2. Customer Voluntary Suggestions. Some of the features of this website or the Services found at this website may allow Customer to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, feedback or advice (" Customer Feedback"), or (b) literary, artistic or other content, including but not limited to photos and videos (" Customer Submissions") (Customer Feedback together with Customer Submissions, "Customer Voluntary Suggestions"). By providing Customer Voluntary Suggestions to Suite88 via any method (e.g. site submission, email, survey responses, etc.), Customer represents and warrants to Suite88 that (i) Customer has all necessary rights to distribute Customer Voluntary Suggestions via this website or via the Services found at this website, either because Customer is the author of the Customer Voluntary Suggestions and has the right to distribute the same, or because Customer has the appropriate distribution rights, licenses and/or permissions to use, in writing, from the copyright or other owner of the Customer Voluntary Suggestions, and (ii) Customer does not violate the rights of any third party by providing the Customer Voluntary Suggestions.
    3. License to Suite88. Suite88 will have the right to use and disclose any Customer Voluntary Suggestions posted to Suite88's corporate websites or submitted directly to Suite88 for any lawful purpose. In no event will Customer or anyone else be entitled to any compensation or acknowledgement for Suite88's use of any Customer Voluntary Suggestions. Customer's provision of Customer Voluntary Suggestions is entirely voluntary and will not create any confidentiality obligation for Suite88. By submitting Customer Voluntary Suggestions, Customer hereby grants Suite88 an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to: (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display Customer Voluntary Suggestions (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed, and (b) use (and permit others to use) Customer Voluntary Suggestions in any manner and for any purpose (including, but not limited to, commercial purposes) that Suite88 deems appropriate in its sole discretion (including, but not limited to, to incorporating Customer Voluntary Suggestions (or any modification thereto), in whole or in part, into any technology, product or service. The provisions in this Section apply specifically to Suite88's use of Customer Voluntary Suggestions posted to Suite88's corporate websites or submitted directly to Suite88, and not to Customer’s hosted sites. Customer will be solely responsible for any and all of the Customer Voluntary Suggestions that are submitted through Customer’s account, and the consequences of, and requirements for, distributing it.
    4. Discussion Areas. Suite88 makes no representations or warranties with respect to any forums, blogs, private messages, emails, or other electronic discussion mediums made available on or via the Services (collectively, " Discussion Areas") or with respect to any messages, information, or materials contained in the Discussion Areas. Customer's use of, or reliance upon, any such messages, information, or materials is at Customer's sole risk and expense. Suite88 does not, and cannot, review all of the information and materials provided in the Discussion Areas and has no responsibility or liability for any such information or materials or their use. If Suite88 becomes aware of any information or materials that it determines violate these Terms or the Discussion Areas' policies promulgated by Suite88 from time to time or that Suite88 otherwise deems inappropriate in its sole discretion, Suite88 reserves the right to delete, move, or edit any such information or materials.
  6. Export of Services or Technical Data
    1. Customer may not remove or export from Australia or the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of Australia, the United States or any other applicable country.
  7. Fees and Payment; Upgrade, Downgrade and Cancellation of Services
    1. In consideration of the Services provided, Customer will pay Suite88 all fees due according to the prices and terms listed on this website. Suite88 reserves the right to modify its pricing and terms at any time, and such changes or modifications will be posted on this website and effective immediately upon the next renewal, billing period, upgrade or downgrade of the Services with and/or without notice to Customer. All payments are NON-REFUNDABLE.
    2. All fees are exclusive of all federal, state, and/or other governmental sales, goods and services, value-added, harmonized or other taxes, fees or charges. Customer shall be responsible for all sales, goods and services, value-added, harmonized or other taxes, fees or charges.
    3. Billing Policies and Cycles. All billing invoices and payment notifications will be maintained directly in Customer's Account Portal. The billing cycle begins on the day Customer converts to a paid store (the "Billing Date") and is due on that day each month, partial year or year thereafter, depending on the Service plan selected and billing terms for individual Services. Billing related to the purchase of SSLs or Domains are billed once these products/services have been purchased by Customer.
    4. Using Paypal is required for accounts to process payment. Suite88 will automatically charge accounts on a recurring schedule  based on Customer's billing cycle (monthly, partial yearly or yearly, depending on the Services selected and billing terms for individual Services) until Customer validly terminates the Services. Fees for prepaid Services are based on Services purchased, regardless of actual usage and payments made for such Services are NON-REFUNDABLE. SUITE88 DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL DAYS, MONTHS OR YEARS AND DOES NOT PROVIDE REFUNDS TO CUSTOMERS WHO DO NOT PROVIDE PROPER OR ADEQUATE INFORMATION FOR PROMOTIONS, USE THEIR ACCOUNTS OR LOG IN.
    5. Unpaid Accounts. Unpaid amounts are subject to a late payment charge of 1.5% per month, or the maximum legal rate allowed by law, whichever is less. If payment is not received within 30 calendar days of the billing date, Suite88 will automatically revoke access to Customer's account. Suite88 may or may not contact Customer directly to notify Customer of its unpaid account. Accounts past due over 30 days will automatically be deactivated.
    6. Disputed Charges/Billing Inquiries. It is Customer's obligation to review all charges for accuracy. Customer has 30 days from the date of billing to contact Suite88 and/or dispute the charge. Failure to do so within the specified time frame will constitute Customer's agreement that all charges are valid and Customer thereby waives any claims it may have had regarding such charge.
    7. Should Customer elect to upgrade its prepaid Services or if such Services are automatically upgraded pursuant to the last sentence of this Section 7.7, the Billing Date of the next renewal period will remain the same; however, Customer will be billed immediately for the pro-rata portion of the upgraded Services fee for the remainder of the current billing period. For example, if a month-to-month customer is billed on March 9th for monthly prepaid Services from March 9th to April 8th, and such Customer’s account is upgraded effective on March 30th, then such Customer will be charged immediately for the pro-rata usage of the upgraded plan from March 30th to April 8th. On April 9th such Customer will be charged for the full monthly fee amount of the upgraded plan.
    8. Should Customer elect to downgrade its prepaid Services, the downgrade will take effect on the commencement of the next renewal period. In other words, Suite88 DOES NOT provide credits or refunds on downgrades that are effective during the applicable billing period (whether such period is a month, quarter or year). For example, if a month-to-month customer is billed on March 9th for prepaid Services from March 9th to April 8th and such customer downgrades the prepaid Services effective on March 30th, then the downgrade will take effect on the next billing date, i.e. April 9th.
    9. Suite88 SEO, SEM AND SOCIAL MEDIA PROMOTIONS. Payments for the Suite88 Service are made in arrears and are based on Customer's request and agreement for promotions. Should Customer add the Suite88 SEM Service, Customer will be billed for that Service on the monthly anniversary of Customer's Billing Date, regardless of the Service plan selected for Customer's prepaid Services. The Suite88 SEM fees due each month will be calculated based on Customer's products and or services  as posted on this website. For example, if Customer's Billing Date is the 15th of every month and Customer adds Suite88 SEM on June 1, Customer will be billed for Suite88 SEM on June 15 based on the applicable pricing tier using Customer’s store’s order volume for the preceding 30 days with the fee prorated 15 days based on usage. Thereafter, Customer will be billed for Suite88 SEM on the 15th of every month based on the store's order volume during the preceding 30 days from the Bill Date.
    10. Suite88 Services will continue in effect until Customer validly terminates the Services.

      Customer must notify Suite88 of its intent to terminate prepaid Services at least 5 calendar days before the billing renewal date. If notice is not received before such date, such Services will automatically renew for the subsequent renewal period. For example, if a month-to-month customer is billed on March 9th for monthly prepaid Services from March 9th to April 8th and such customer provides a valid notice to terminate its account on April 6th, Customer will automatically be charged for prepaid Services from April 9th to December 8th and the prepaid Services will terminate on December 8th. If the same customer provides notice to terminate its account on April 4th, then the account will terminate on April 8th and such customer will not be charged for any further prepaid Services on such account.

      Customer may terminate Suite88 SEM upon request. If the termination date is after the Billing Date for the Service, Customer will be billed for Suite88 SEM based on the applicable pricing tier using the Customer's store’s order volume for the preceding 30 days from the termination date and prorated based on usage. For example, if Customer's Billing Date is the 15th of every month and Customer terminates with an effective date of termination on June 8, Customer's final bill for Suite88 SEM will be calculated based on Customer's store’s order volume for the proceeding 30 days as of the termination date and the applicable tiered pricing will be pro-rated from May 15 through June 8. If Customer terminates Suite88 SEM prior to the first Billing Date after Customer adds the Service, Customer's final bill for Suite88 SEM will be based on the applicable pricing tier using Customer's store’s order volume for the preceding 30 days and prorated for usage.

  8. Prohibited Practices
    1. Prohibited Offerings. Customer may not utilize the Services for unlawful, obscene, offensive, vulgar or fraudulent content or activity, such as advocating or causing harm, interfering with or violating the integrity or security of a network or system, evading filters, sending unsolicited, abusive or deceptive messages, viruses or harmful code, or violating third party rights.
    2. Profanity, profane or otherwise inappropriate subject matter in the site content and in the domain name are prohibited.
    3. Private Information and Images. Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of such party (or a parent's consent in the case of a minor).
    4. Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Suite88 may remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Reporting Claims of Copyright Infringement" below).
    5. Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
    6. Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
    7. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
    8. Anonymous Proxies. Suite88 does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server. Customer will not access or copy any portion of the Services through any automated viewing, downloading or crawling systems.
    9. Export Control Violations. The exportation of encryption software outside of Australia or the United States and/or violations of Australian or United States law relating to the exportation of software is prohibited. Customer may not export or transfer, directly or indirectly, any regulated product or information to anyone outside Australia or the United States without complying with all applicable statues, codes, ordinances, regulations, and rules imposed by Australian and United States federal, state or local law, or by any other applicable law.
    10. Child Pornography. The use of the Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. Suite88 is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
    11. Other Illegal Activities. The use of the Services to engage in any activity that is determined by Suite88, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, selling or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. Suite88 will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
    12. Other Activities. This list of prohibitions provides examples of prohibited conduct, and is not intended to be a complete or exclusive list of all prohibitions. Engaging in any activity that, in Suite88's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Suite88's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Suite88's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with Suite88 in correcting or preventing violations of these Terms by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of Customer constitutes a violation of these Terms by Customer. Without limiting the rights and remedies available to it, Suite88 reserves the right in its sole discretion, to suspend or terminate Customer's access to its account and the Services, with or without notice, and to take any other action that Suite88 determines in its sole discretion is necessary as a result of any behavior by Customer that is illegal, inappropriate, disruptive to this website, the Services, or to any other user of this website or the Services, or which otherwise breaches these Terms. Suite88 may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or otherwise in Suite88's sole discretion, Suite88 will cooperate with law enforcement agencies in any investigation of alleged illegal activity conducted using this website or the Services. These prohibitions do not require Suite88 to monitor, police, remove or reject any content, information, graphics, photographs or links on Customer’s hosted sites or any Customer Voluntary Suggestions or other information submitted by Customer or any other user.
  9. Backup Storage
    1. Suite88 offers its Services to host ecommerce stores, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of Services without prior notice. For its own operational efficiencies and purposes, Suite88 from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so under these Terms. IT IS SOLELY CUSTOMER'S DUTY AND RESPONSIBILITY TO SEPARATELY BACKUP CUSTOMER’S FILES AND DATA WHICH MAY RESIDE ON SUITE88 SERVERS. UNDER NO CIRCUMSTANCES WILL SUITE88 BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF CUSTOMER’S FILES AND/OR DATA ON ANY SUITE88 SERVER.
  10. Copyright Infringement
    1. Reporting Claims of Copyright Infringement. Suite88 will respond to notices of copyright infringement that comply with applicable law. If a copyright holder believes that there has been a violation of his/her copyright on a site that is hosted by Suite88 or a Suite88 subsidiary, the copyright holder may request that Suite88 remove or disable the material by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (" DMCA"), the written notice must include substantially the following:
      • A signature (physical or electronic) of a person authorized to act on the copyright owner's behalf.
      • Identification of the copyrighted work that is claimed to have been infringed, or, if the claim involves multiple copyrighted works, a representative list of such works.
      • Identification of the material that is claimed to be infringing, with information sufficient to permit us to locate the material.
      • Contact information for the person giving the notification, including name, address, telephone, and email address.
      • A statement that the person giving the notification has a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
      • A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the copyright owner.

        Please be aware that if you knowingly make a material misrepresentation that material or activity is infringing your copyright, you may be held liable for damages under the DMCA.

    2. Copyright Counter-Notifications. If Customer believes that it has had material removed or disabled by mistake or misidentification, Customer may file a counter-notification with Suite88 by submitting written notification to our copyright agent (identified above). Pursuant to the DMCA, the Counter-Notice must contain substantially all the following:
      • A signature (physical or electronic) of the person submitting the counter-notification.
      • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
      • Contact information for the person submitting the counter-notification, including name, address, telephone, and email address.
      • A statement under penalty of perjury by the person submitting the counter-notification that he/she has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.
      • A statement by the person submitting the counter-notification that Customer will consent to the jurisdiction of the Federal District Court for the judicial district in which it is located (or if Customer resides outside the United States for any judicial district in which Customer's website may be found) and that Customer will accept service from the person (or an agent of that person) who submitted the DMCA notice at issue.

        The DMCA allows Suite88 to restore the removed content if the party filing the original DMCA Notice does not file a court action against Customer within ten business days of receiving the copy of Customer’s Counter-Notice.

        Please be aware that if you knowingly make a material misrepresentation that material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages under the DMCA.

    3. Repeat Infringers. It is Suite88's policy in appropriate circumstances to disable and/or terminate the accounts of Customers who repeatedly infringe copyrights.
  11. Miscellaneous
    1. Governing Law; Jurisdiction. If you are a resident of the United States, the laws of the State of Texas will govern the validity and construction of these Terms and any dispute arising out of or relating to these Terms, without regard to the principles of conflict of laws. Customer hereby consents (and waives all defenses of lack of personal jurisdiction and forum non conveniens with respect to the jurisdiction and venue of the federal and state courts located in Travis County, Texas (USA). If you are not a resident of the United States, the laws of Australia will govern the validity and construction of these Terms and any dispute arising out of or relating to these Terms, without regard to the principles of conflict of laws. Customer agrees to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.
    2. WARRANTY DISCLAIMER. CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT ITS USE OF THIS WEBSITE AND THE SERVICES FOUND AT THIS WEBSITE WILL BE AT ITS OWN RISK AND THAT THIS WEBSITE AND THE SERVICES FOUND AT THIS WEBSITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". SUITE88, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUITE88, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT (A) THE ABILITY OF THE SERVICES OR SOFTWARE TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT, (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS WEBSITE OR THE SERVICES OR SOFTWARE, (C) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, AND/OR (D)) THE SERVICES FOUND AT THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, AND SUITE88 ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

      IN ADDITION, CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SUITE88, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), WHETHER DIRECTLY OR INDIRECTLY, WILL (A) CONSTITUTE PERSONAL, LEGAL OR FINANCIAL ADVICE OR (B) CREATE A WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND WITH RESPECT TO THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE. CUSTOMER SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE, AND CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO ITS SITUATION.

    3. CUSTOMERS ALSO ACKNOWLEDGE THAT SUITE 88 PROVIDES NO INSURANCE OR CLAIMS OF PROTECTION FOR TOUR, HOTEL OR ADVENTURE SERVICES BOOKED THROUGH THIS WEBSITE AND THAT IT IS THE RESPONSIBILITY OF THE CUSTOMER TO PURCHASE INSURANCE FOR THEIR TRIPS.

      THE FOREGOING DISCLAIMER OF REPRESENTATIONS, CONDITIONS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR CUSTOMER’S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.

      SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF IMPLIED REPRESENTATIONS, CONDITIONS OR WARRANTIES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER. IN SUCH EVENT, SUITE88’S WARRANTIES, CONDITIONS AND REPRESENTATIONS WITH RESPECT TO THIS WEBSITE, THE SERVICES, AND SOFTWARE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

    4. LIMITATION OF LIABILITY. SUITE88, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ASSUME NO RESPONSIBILITY WITH RESPECT TO CUSTOMER’S OR ITS END USER'S USE OF THE SERVICES AND WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, LOSS OF PROFITS, AND LOST REVENUE, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SUITE88 IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SUITE88, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY SUITE88 FROM CUSTOMER FOR THE SERVICES DURING THE 12-MONTH PERIOD BEFORE THE CLAIM OR CAUSE OF ACTION AROSE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.

      IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

      SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER. IN SUCH EVENT, THE LIABILITY OF SUITE88, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FOR SUCH DAMAGES WITH RESPECT TO THIS WEBSITE AND THE SERVICES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR CUSTOMER’S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.

    5. Indemnification of Suite88. Customer agrees to defend, indemnify and hold Suite88 and its Content Providers and the respective directors, officers, employees and agents of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to Customer's breach of any of these Terms or use by Customer or any third party (authorized, permitted or enabled by Customer) of the Services, except to the extent the foregoing directly result from Suite88's own gross negligence or willful misconduct. Suite88 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer. THIS FOREGOING INDEMNIFICATION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR CUSTOMER'S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
    6. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
    7. No Assignment by Customer. Customer may not assign this Agreement without the prior written consent of Suite88, which Suite88 may refuse in its sole discretion. Any attempt by Customer to assign this Agreement without prior written consent from Suite88 will be deemed null and void. Suite88 may assign this Agreement at any time. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
    8. The failure of Suite88 to exercise or enforce any right or provision of these Terms or this Agreement will not constitute a waiver of such right or provision.
    9. Entire Agreement. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. The section headings and titles in these Terms and this Agreement are for convenience only and have no legal or contractual effect. These Terms and this Agreement will be interpreted without application of any strict construction in favor of or against Customer or Suite88.
    10. Independent Contractors. No agency, partnership, joint venture or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind Suite88 in any respect whatsoever.
    11. Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
    12. Force Majeure. Suite88 will have no liability to Customer or any third party for any failure by Suite88 to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of Suite88, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other event of force majeure.
  12. Additional Service Specific Terms

    In addition to the Terms above, Customer also agrees to be bound by the additional service specific terms applicable to the Services Customer purchases or uses provided by Suite88 or its partners. The following Service Specific Terms are hereby incorporated by reference and are binding upon Customer.

    1. Third Party Services, Websites, Links and Information. Suite88 or its personnel may from time to time recommend or enable third party software, products, services or website links for Customer’s consideration or use. Such software, products, services, and links are provided only as a convenience to customers of the Services. Some of the Services made available through this website may be subject to additional third party licensing terms or third party terms of use, including the ones posted here and incorporated herein by reference. Inclusion of any of the foregoing in the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Suite88 with respect to any third party, any third party's website or its content, or any information, products, or services provided by a third party.

      These Terms and the Privacy Policy do not apply to such third party websites, and Customer should review such third party websites' privacy policies, terms and conditions and business practices as they may be different than Suite88's Terms and it is Customer's sole responsibility to comply with such third party terms. Access to any other website is at Customer's own risk, and Customer's dealings and communications with any third party in connection with such third party’s website are solely between Customer and such third party.

      SUITE88 MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY SOFTWARE, PRODUCTS OR SERVICES AND WILL NOT BE LIABLE FOR ANY SOFTWARE, PRODUCTS OR SERVICES CUSTOMER RECEIVES FROM THIRD PARTIES.

Migration and Onboarding Services

  • Suite88 offers free onboarding data through a CSV file. ("Onboarding") to Customers purchasing select Service plans as described on our website for an additional fee. Suite88 supports most standard shopping cart database schemes by default. Our Migration Services do not guarantee proper migration of the custom data, fields or information handled by third-party modules and/or contributions.
  • Our onboarding services (“Onboarding Services”) include configuration of basic Suite88 store settings and is available to Customers purchasing select Service plans as described on our website or for an additional fee.
  • Unless included in a select Service plan, Migration Services and Onboarding Services are Services for which we charge a one-time, upfront fee. All such Services are non-refundable, except solely at the discretion of Suite88 in the case of a major technical issue that is exclusively the fault of Suite88 and that Suite88 is unable to resolve within 30 days of receipt of written notification from you.

 

 

 

Reset Password
Compare items
  • Total (0)
Compare
Visit Us On FacebookVisit Us On TwitterVisit Us On Instagram