Terms of Service

NOTE: If you are buying a packaged service, you will be bound by both our Terms of Service and Terms and Conditions below. A packaged service is a service that may include more than one service but is not limited to Development, Web Hosting, SSL Certificates, Data Center Servvice and Domain Registration. These additional Terms and Conditions can be found below and would be in addition to the Terms of Service.

1.) Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

1.25) Privacy Policy
Our Privacy Policy can be viewed by clicking here.

1.5) Account Ownership
An account created in the name of a company or other 3rd party is owned by that company or other 3rd party. The contact individual provided at the time the account is create shall be the administrative contact for the account not the account owner. In the event an account is created without a company or other 3rd party, the account shall be solely owned by the administrative contact. Ownership would dictate rights in the event the administrative contact is not accessible to perform duties. Additionally, when an account pays its fees with company check or corporate credit card, organization associated with the company check or corporate credit card is understood to be the owner of the account and its content.

1.75) Change of Account Contact
Upon the change of administrative account contact all account assets shall remain in the account for a period not less than 90 days from date of change. Assets include but are not limited to:

- Domain
- Hosting plan
- SSL certificate
- Credit balance

2.) Content
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.

Examples of unacceptable material:

- IRC Bots
- Warez Sites
- Pirated Software
- Hate sites
- Hack programs and archives
- Fraud
- Impersonating a company with whom you have no authority

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at our sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.

We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. The cost of the clean up will be determined on a per incident basis. A clean fee will not be less than $500.00USD. The method of determining the clean up fee is left entirely to the discretion of vCardBoss.com. All rights reserved.

Please refer to The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) for information regarding this topic.

4.) Payment Information
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify vCardBoss.com of your desire to cancel any or all services received, those services will be billed on a recurring basis. Notice will not be less than 45 days.

We reserve the right to change the monthly payment amount and any other charges at anytime.

You agree to allow vCardBoss.com to collect payment by any payment method available in your account. You may add or remove payment methods at anytime. Open balances must be paid in full before payment method can be changed.

The client is responsible to pay any bank fees related to payment processing in addition to original invoiced fee from vCardBoss. These fees include and are not limited to returned check fees.

4.5) Missed or Failed Payment
Any account that pays for services month-to-month and fails to make payment in full by the due date will have their payment plan changed from month-to-month to yearly unless extenuating circumstances can be provided. Accounts that currently pay for service by check may be required to put a credit card on account. All unpaid invoices and future payments will be applied to the credit card on account.

4.55) Past Due Invoices
All invoices past due more than 30 days are subject to assess late fees no less than 1.5% of the unpaid invoice per month. Any or all services may be suspended due to delinquent or past due invoice(s). This includes, but is not limited to the services on the delinquent or past due invoice(s) and can be cause for the suspension of any or all services until unpaid invoices are paid in full.

4.65) Estimated Fees
Price will stand unaltered for a period of 30-days from date issued, unless noted otherwise. Any alteration or deviation from specifications involving extra cost will become an extra charge over and above written estimate.

4.75) Invoicing
All invoices generated will be distributed via your email address on account. It is up to the account holder to keep this information current and maintain access to the email address on account. It is advised that you white list or friend list the domain vcardboss.com in your mail system.

5.) Backups and Data Loss
Your use of the service is at your own risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

Note: If you choose to use a scripted backup solution, do not store backup files in your hosting account e.g. ZIP files generated by the script.

6.) Cancellation and Refunds

We reserve the right to cancel the account at any time. Customers may cancel at any time. We require cancellation notice of 30 days. Failure to give notice will result in charges equal to one months billing. Refund requests will be refunded on a prorated basis of unused time. Note that if you cancel service mid contract that all discounts will be retracted and regular non-contract rates will be used to determine prorated refund.

1. Packaged Services:
  Packaged services will be charged time and material up to the date of cancellation. Packaged services cancelled prior to term are subject to retroactive setup fee if setup fee was waived for minimum term commitment.
2. Semi-dedicated / Dedicated hosting:
  Cancellation of Semi-dedicated / Dedicated hosting, a prorated fee plus the following cancellation payment shall be paid by the Client:
  - (A) Cancellation prior to delivery of Semi-dedicated / Dedicated plan: a fee equal the monthly plan setup fee plus one full months hosting fee for the plan cancelled;
  - (B) Cancellation due to Semi-dedicated / Dedicated plan being unsatisfactory: a fee equal the monthly plan setup fee plus one full months hosting fee for the plan cancelled;
  - (C) Cancellation for any other reason after the Semi-dedicated / Dedicated plan is delivered: a fee equal the monthly plan setup fee plus one full months hosting fee for the plan cancelled. In the event of cancellation, the Client shall also pay any expenses incurred by vCardBoss and vCardBoss shall own all rights in the Work. The billing upon cancellation shall be payable within fourteen days of Clients notification to stop work or the delivery of the finished work, whichever occurs sooner.

6.5) Right to Refuse Service
We reserve the right to refuse service to anyone. Any and all service may be terminated if the conduct of the client's web site or client's use of services is abusive, causes harm to others or suggests that harm will be brought upon others. The issue of conduct shall also be extended to the interaction of the client with our staff, employees and contractors.

7.) Resource Usage Users may not initiate the following:
Use 20% or more of system resources for longer then 90 seconds.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused resources in one month cannot be carried over to the next month.

9.) Price Change
The amount you pay for service will never increase during your billing cycle you have select. We reserve the right to change prices listed on our site, and the right to change the resource allocations on any plan at any time to be reflected in your next billing cycle.

9.5) Currency
All Currency is displayed in US dollars. All transactions are performed using US Dollars as the form of currency for any transaction be is cash, check, or electronic funds. Electronic funds are understood to be, but not limited to Credit Card, or bank transfer.

10.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from vCardBoss.com's server.

11.) Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

12.) Limitation of Remedies
In no way shall vCardBoss.com be liable for any damages beyond the scope of the services described on vCardBoss.com, consequential or other wise. vCardBoss.com and its suppliers’ entire liability and your exclusive remedy shall be, at vCardBoss.com’s option to repair or replace service with like or similar service provided by vCardBoss.com.

13.) No Liability for Consequential Damages
To the maximum extent permitted by applicable law, in no event shall vCardBoss.com or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or any other pecuniary loss) arising out of the use of or inability to use service.

14.) No Waiver
If any provision of this agreement is deemed to be illegal or otherwise void, invalid, or unenforceable, such provision or part thereof shall be discarded and the remainder of this agreement without such provision or part thereof shall remain in full force and effect.

14.5) Non-Exclusivity: The engagement of vCardBoss under this Agreement is on a non-exclusive basis. vCardBoss retains the right to provide services to other clients, including those with similar or the same interests as the Client, without any restrictions from the Client. The Client may also engage other vCardBoss for similar services.

15.) Arbitration
All disputes arising under this Agreement shall be submitted to binding arbitration before a judge at the Will County Court House and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $2,500.00 shall not be subject to this arbitration provision.

16.) Miscellany
In the absence of signed agreement, this Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. This Agreement shall be governed by the laws of the State of Illinois, USA.

17.) Changes to the Terms
We reserve the right to revise our policies at any time without notice.

S2: General Terms and Conditions

Description. vCardBoss LLC shall perform Services and create finished Work for the Client as assigned from time to time in accordance with sketches, reference materials, specifications and layouts provided by the Client and as negotiated at past meetings.
Project Evaluation. An estimate for Services and Work to be performed shall be given to the Client for review in writing or verbally, prior to the start of any project.
Reservation of Rights. All rights not expressly granted hereunder or stated in work proposals are reserved to vCardBoss LLC, including but not limited to all rights in sketches, comps, computer files or other preliminary materials.
Work Archive and Future Retrieval. Most computer Work is archived daily for vCardBoss’s own security and maintenance reasons. vCardBoss LLC will archive and store the finished Work for future Work that may reuse elements of the Work contracted here, as a courtesy only. vCardBoss LLC does not guarantee the reliability or availability of the archives created for future use. In the event that the Work is unrecoverable, vCardBoss LLC shall have the right to charge an additional fee to recreate the Work contained in the damaged archive.
Change of Scope. Any alteration or deviation from these specifications involving extra cost will become an extra charge over and above the agreed fee plus materials plus shipping fees. All agreements are contingent upon strikes, accidents, acts of God, or delays beyond our control.
Fee. Client agrees to a fee for the services and Work performed. Client agrees to pay sales tax, if required. Subcontractor and vCardBoss’s vendor fees are extra.
Additional Usage. If Client wishes to make any additional usage of any portion of the Work, Client agrees to seek permission from vCardBoss and make such payments as are agreed to between the parties at that time. The right to additional usage may be modified in writing as part of a work proposal or change order.
Third Party License. The Client agrees to acknowledge and comply with any and all licensing that affects any Work created under this agreement. vCardBoss LLC will not monitor or police Client with respect to compliance. Compliance is the sole responsibility of the Client.
Expenses. Client agrees to reimburse vCardBoss LLC for the following expenses: Messengers, Models, Props, Travel, Rush Fees and Project related materials.
Payment. Client agrees to pay vCardBoss within fourteen days of the date of vCardBoss's billing, which shall be dated as of the date of delivery of the finished Work. In the event that work is postponed at the request of the Client, vCardBoss shall have the right to bill pro rata for the work completed through the date of that request, while reserving all other rights under this Agreement. Overdue payments shall be subject to a service fee of 1.5% monthly.
Advances. Upon the approval of sketches Client shall pay all material fees as an advance against the total fee.
Revisions. vCardBoss shall be given the first opportunity to make any revisions requested by the Client. If the revisions are not due to any fault on the part of vCardBoss LLC , an additional fee shall be charged. If vCardBoss LLC objects to any revisions to be made by the Client, vCardBoss shall have the right to have his or her name removed from the published work.
Cancellation. In the event of cancellation by the Client, the following cancellation payment shall be paid by the Client for any work less than a 3 month term: (A) Cancellation prior to the finished Work being completed: Time and material up to date of cancellation; (B) Cancellation due to finished Work being unsatisfactory: Time and material up to date of cancellation; and (C) Cancellation for any other reason after the finished Work is completed: Time and material. In the event of cancellation, the Client shall also pay any expenses incurred by vCardBoss LLC and vCardBoss LLC shall own all rights in the Work.

Cancellation of work with a term greater than 3 months will require the client to make a payment of 3 times the agreed monthly payment or balance of the fee due for work, which ever is the lesser fee.

The billing upon cancellation shall be payable within fourteen days of Clients notification to stop work or the delivery of the finished work, whichever occurs sooner.
Termination. Without prejudice to any other rights, vCardBoss may terminate this agreement if Client fails to comply with the terms and conditions of this agreement and/or any work proposal. In such event, Client will be assessed a fee based on time and material costs up to date of termination. Any work that is inactive more than 60 days, without prior written scheduling, will be considered abandon. Abandon work is subject to termination. Upon termination Client shall have no rights in the work. All rights shall remain with vCardBoss.
Permission and Releases. The Client agrees to indemnify and hold harmless vCardBoss against any and all claims, costs, and expenses including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or no privacy release was requested or uses which exceed the uses allowed pursuant to a permission or release.
Responsibility of Errors & Omissions. Due to the nature of vCardBoss’s Work responsibility for errors & omissions resides with the Client. The Work is to be performed in accordance with sketches, reference materials, specifications and layouts provided by the Client and as negotiate at past meetings. It is the Client’s responsibility to determine if the Work submitted is fit for the Client’s particular use. This responsibility includes and is not limited to visual issues, grammar, spelling, mechanics, calculations, legal implications ….. etc. All Work is delivered as is, as presented.
Limitation of Remedies. In no way shall vCardBoss LLC be liable for any damages beyond the scope of the Work contracted, consequential or other wise. vCardBoss and its suppliers’ entire liability and the Clients exclusive remedy shall be, at vCardBoss’s option to repair or replace the Work contracted.
No Liability for Consequential Damages. To the maximum extent permitted by applicable law, in no event shall vCardBoss LLC or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or any other pecuniary loss) arising out of the use of or inability to use the Work contracted.
Non-Exclusivity: The engagement of vCardBoss LLC under this Agreement is on a non-exclusive basis. vCardBoss LLC retains the right to provide services to other clients, including those with similar or the same interests as the Client, without any restrictions from the Client. The Client may also engage other vCardBoss LLC for similar services.
No Waiver. If any provision of this agreement is deemed to be illegal or otherwise void, invalid, or unenforceable, such provision or part thereof shall be discarded and the remainder of this agreement without such provision or part thereof shall remain in full force and effect.
Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration before an arbitrator in Will County, Illinois, and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $2,500.00 shall not be subject to this arbitration provision.
Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. This Agreement shall be governed by the laws of the State of Illinois.
Authorized Agent. Both Client and vCardBoss LLC hereby represent and warrant that they have been and are duly authorized by all necessary and appropriate action to execute and deliver this Agreement on behalf of themselves or their respective principal.
Client Logo Usage: By using vCardBoss LLC, you grant us a non-exclusive, royalty-free, worldwide license to use your company name and logo for the limited purpose of identifying you as a customer in our marketing materials, including, but not limited to our website, presentations, and promotional content. You may revoke this permission at any time by contacting us.
Communications and A2P 10DLC Compliance: By using our services, you agree to receive communications, including SMS messages, from vCardBoss LLC. These messages may be sent via A2P 10DLC-compliant systems. You can opt out anytime by following the instructions in the message.

GRANT OF LICENSE.

This agreement grants you the following rights:
Software / Scripts . You may install and use one copy of the work, or in its place, any prior version for the same work, on a single computer or server. Work that uses web-based technology is to be used on a single domain at any one time unless other arrangement is made.
Storage/Network Use. You may also store or install a copy of the work on a storage device, such as a network server. However, you must acquire and dedicate a license for each separate computer on which the work is installed or run from the storage device. A license for the work may not be shared or used concurrently on different computers or servers.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the work, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation.
Separation of Components. The work is licensed as a single product. Its component parts may not be separated for use on more than one computer or server.
Rental. You may not rent or lease the work.
Transfer. You may permanently transfer all of your rights under this agreement, provided you retain no copies, you transfer all of the work (including all component parts, the media and printed materials, any upgrades and this agreement), and the recipient agrees to the terms of this agreement. If the work is an upgrade, any transfer must include all prior versions of the work.

We reserve the right to revise our policies at any time without notice.

For Questions, Comments, or Concerns, Contact Us:

vCardBoss LLC
Address: 2603 S. Washington St. STE120, Naperville, IL 60565
Email: jbaer@vcardboss.com
Phone: (630) 277-9898 ext 4025
Website: https://vcardboss.com/