Terms of Service
THESE TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND JEBTEK. PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING JEBTEK SERVICES.
By using the service provided on the syncburst.com website ("Syncburst"), a service of JebteK ("JebteK"), You ("You" or "Your") are agreeing to be bound by the following terms and conditions ("Terms of Service").
I. Use of Your Syncburst Account
- You must use a valid email address for your Syncburst account.
- You must not use the Service for any illegal or abusive purposes.
- You are solely responsible for the security of your account and keeping your password safe.
II. Payment and Billing
- You must provide JebteK with accurate billing information after adding more than 5 servers, and keep this information up to date. Failure to do so may result in service interruption.
- By subscribing to Syncburst, you give JebteK the right to charge your credit card, or bill you via other payment methods provided, for fees connected with the service such as the monthly subscription fee and usage fees as well as any other fees for extra services requested by buyer.
- The Syncburst service is a subscription service. You pay your subscription fee in advance for each billing cycle on the first day of that cycle. A billing cycle is defined as a 30.4 day period. Other fees for extra services requested by the buyer will be billed separately and is outside the scope of this agreement.
- Service is completely free as long as there are only 5 or fewer servers running Syncburst. No Credit Card required, but once you add more servers, you will need to update your billing information.
- You can cancel at any time but there will be no partial period refunds or credits (see "Cancellation and Termination of Service").
- You are responsible for all charges incurred, related to your Syncburst account, including any applicable taxes or additional service fees.
III. Refund Policy
- If you wish to ask for a refund or have an invoice cancelled, you need to send an email to support@JebteK.com within 7 days (one week) of the invoice date. The email needs to contain your Syncburst user id, the email you use to log in to Syncburst, and the date of the invoice in question. You will receive an automatic confirmation email back that acts as your receipt and proof that JebteK has received your refund request.
- If you do not receive this receipt email it is your responsibility to contact JebteK within these 7 days via phone or email to manually confirm that JebteK has received your request.
IV. Cancellation and Termination of Service
- You may cancel your Syncburst service account at any time through the syncburst portal; all you have to do is go to "Account Settings" -> "Cancel Account" -> "Cancel". JebteK does not accept any cancellation requests via email or phone.
- No partial period refunds or credits will be provided. At the time of cancellation, Syncburst service will be available through the paid period. After the paid period, no renewal fee will be charged and the Syncburst service will be terminated.
- Any abuse of the service will lead to termination of your account. JebteK reserves the right to decide what is considered abuse of the service.
V. Syncburst Usage
- Syncburst is provided "as is" and "as available".
- Syncburst is subject to change and may be modified from time to time.
- You must not use an excessive amount of Syncburst support requests and querying. What is considered excessive is decided at the sole discretion of JebteK.
- JebteK reserves the right to limit the amount of allowed support requests for Syncburst (throttling).
- JebteK reserves the right to block the use of Syncburst entirely for specific accounts or IP addresses if they are deemed by JebteK to be using Syncburst services in an excessive manner.
- JebteK reserves the right to change the prices for Syncburst at any time.
VI. Use of Customer's Name and Company Name
JebteK reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on the syncburst.com website and other communication with existing or potential JebteK customers. To decline JebteK this right you need to email support@JebteK.com stating that you do not wish to be used as a reference.
VII. Changes to Terms of Service
These Terms of Service may be updated from time to time without prior notice. The current Terms of Service are always available at http://www.syncburst.com/terms-of-service.html.
VIII. Disclaimer
- The JebteK Service is provided "as is" and "as available".
- JebteK reserves the right to modify the Service from time to time at any time, including adding and removing features and package types.
- JebteK reserves the right to discontinue the service at any time after a 30-day notice via email.
- JebteK reserves the right to change the prices for the service and any connected extra services at any time.
- JebteK gives no warranties regarding the correctness of the data collected with the Service or any potential corruption or loss of such data.
IX. Limitation of Liability
- You expressly understand and agree that JebteK shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if JebteK has been advised of the possibility of such damages), resulting from: 1. the use or the inability to use of JebteK products and services; 2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the use of JebteK products or services; 3. unauthorized access to or alteration of your transmissions or data; 4. statements or conduct of any third party on JebteK products or services; or 5. any other matter relating to the products or services provided by JebteK.
- Any decisions or claims you make based on data from the JebteK products or services are your sole responsibility. JebteK shall not be held liable for any such decisions or claims.
- In no event shall JebteK's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
X. Indemnification
- You agree to indemnify, defend and hold harmless JebteK and its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of any JebteK products or services, your violation of the terms of use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
- You agree to immediately notify JebteK of any unauthorized use of your account or any other breach of security known to you.
XI. Other
If any part of this Terms of Service would be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law.
XII. Dispute
- This contract shall be governed by the substantive laws of the State of Texas without giving effect to the rules or principles relating to the conflict of laws of the State of Texas or of any other jurisdiction.
- Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be solved by any state or federal court of competent jurisdiction sitting in the State of Texas, County of Dallas.