Terms of Service
Last updated on: June 15, 2017
By signing up for the B3website service (“Service”) or any of the services of B3 Website Limited. (“B3”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by B3 under the Terms of Service include various products and services to help you create and manage your website, whether an online store (“Online Services”), an online restaurant ("Restaurant System"), an online car rental system ("Car Rental"), an online ticket selling system ("Ticket System"), or all. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://b3website.com/legal/terms-and-conditions. B3 reserves the right to update and change the Terms of Service by posting updates and changes to the B3 website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using B3 or any B3 services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a B3 account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. B3 may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that B3 will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. B3 cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of B3 will result in an immediate termination of your services.
- The terms "us" or "we" or "our" or "B3" refers to B3WEBSITE LIMITED, the owner of the Website.
- A "Visitor" is someone who merely browses our Website, but has not registered as Member.
- A "Member" or "Customer" is an individual that has registered with us to use our Service.
- Our "Service" represents the collective functionality and features as offered through our Website to our Members.
- A "User" is a collective identifier that refers to either a Visitor or a Member.
- All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
3. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on B3WEBSITE LIMITED’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on B3WEBSITE LIMITED’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by B3WEBSITE LIMITED at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
5. Account Activation
2.1 B3 Account
- Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorised to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
2.2 Domain Names
- Upon purchasing a domain name through B3, domain registration will be preset to automatically renew each year so long as your B3 Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
The person signing up for the B3 Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
Any domain you purchase through us will automatically renew unless you opt out.
6. General Conditions
- Technical support is only provided to paying Account holders and is only available via email and live chat via the platform.
Our Legal Terms shall be treated as though it were executed and performed in London, United Kingdom and shall be governed by and construed in accordance with the laws of London, United Kingdom without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of B3WEBSITE LIMITED under our Legal Terms shall survive the termination of our Legal Terms.You acknowledge and agree that B3 may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on B3's website, available at https://b3website.com/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to B3’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the B3 service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of performed in London, United Kingdom. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by B3.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use B3 or B3 trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to email@example.com.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and B3's Terms of Service available in another language, the most current English version of the Terms of Service at https://b3website.com/legal/terms will prevail.
The B3 service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
7. B3 Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any B3 customer, B3 employee, member, or officer will result in immediate Account termination.
- B3 does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that B3 employees and contractors may also be B3 customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, the government issued photo ID, the last four digits of the credit card on file, etc.
- B3 retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, B3 reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a B3 account, we can freeze the account or transfer it to the rightful owner.
8. Limitation of Liability
- You expressly understand and agree that B3 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 resulting from the use of or inability to use the service.
- In no event shall B3 or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, B3 partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- B3 does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- B3 does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- B3 does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
9. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the B3 service. All Materials you upload remains yours. You can remove your B3 website at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow B3 to store, and in the case of Materials you post publicly, display, your Materials; and (c) that B3 can, at any time, review all the Materials submitted to its Service, although B3 is not obligated to do so.
- You retain ownership over all Materials that you upload to a B3 website; however, by making your store public, you agree to allow others to view Materials that you post publicly to your website. You are responsible for compliance of the Materials with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- B3 shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
10. Payment of Fees
If you are being billed on a monthly basis, your monthly billing date will be seven (7) days prior to the date you purchased the service
- 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. 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, B3 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 B3 AT B3 WEBSITES' 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 ACCOUNT FROM THIS SITE AND CLICK ON DIGITAL PRODUCTS. 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 B3 SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
- IN ADDITION, B3 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, B3 WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. B3 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 (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND B3 SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
- If for any reason B3 is unable to charge your Payment Method for the full amount owed for the Services provided, or if B3 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 B3 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. B3 also reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks B3 may perform outside the normal scope of its Services, (ii) additional time and/or costs B3 may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by B3 in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by B3 staff or by outside firms retained by B3; (iii) recouping any and all costs and fees, including the cost of Services, incurred by B3 as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with B3.
- You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. B3 will charge applicable Fees to the credit card account that you authorise (“Authorized Card”), and B3 will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in EUR Euros (€), and all payments shall be in Euro currency.
- Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at B3’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your B3 dashboard. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- B3 does not provide refunds.
For live payment gateways, a valid credit card is required. You will be billed for your Subscription Fees every 30 days and have 2 weeks to pay. Any Transaction Fees or Additional Fees will be charged to your credit card. No refunds.
11. Cancellation and Termination
- You may cancel your Account at any time by emailing firstname.lastname@example.org and then following the specific instructions indicated to you in B3's response.
- Upon termination of the Services by either party for any reason:
- B3 will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to B3 for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your website will be taken offline.
- If you purchased a domain name through B3, upon cancellation your domain will no longer be automatically renewed. Following the cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the B3 Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, B3 may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, email email@example.com. B3 will respond with specific information regarding the cancellation process for your account. Once the cancellation is confirmed, domains purchased through B3 will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
12. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days notice from B3. Such notice may be provided at any time by posting the changes to the B3 Site (b3website.com) or the administration menu of your B3 website via an announcement.
- B3 reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- B3 shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at any time, without liability.
13. Anti-spam policy
Shared and Reseller servers allow 100 outgoing emails per hour per cPanel. Additionally, if the account happens to exceed 100 emails then it will be in violation of our Terms of Service and can result in possible suspension.
B3 maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the Art. 13 of the new E.U. Privacy and Electronic Communications Directive of 31 October 2003.
You may not use any of our services or networks to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:
Use or contain invalid or forged headers
Use other means of deceptive addressing
Use a third party's Internet domain name, or be relayed from or through a third party's equipment, without permission of the third party
Contain false or misleading information in the subject line or otherwise contain false or misleading content
Otherwise, violate B3's User Agreement and other Terms of Service
We monitor for SPAM all traffic to and from our servers. Customers suspected of using B3's products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is B3's policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.
If B3 believes that unauthorised or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. B3 may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
B3 reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a Subscriber without any notification. In addition to any and all other rights hereunder or otherwise, if a Subscriber is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in B3's sole judgment, which could disrupt B3's business operations, B3 reserves the right to charge such Customer a fee equal to €1.00 (One Euro) per each piece of SPAM sent.
To report an incidence of SPAM, please send an e-mail to firstname.lastname@example.org.
14. B3Website Limited
Company Name: B3Website Limited
Register Address: Galla House 695 High Road, North Finchley, London, N12 0BT
Company No: 09251088