CUSTOMER SERVICE
All customer service inqueries should be directed to:
BizXTech
4856 E Baseline Road
Suite 106
Mesa, AZ 85206
(480) 788-3338
TERMS OF SERVICE
IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OFUSE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
Access To This Site
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If BizXTech believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
Restrictions On Use
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without BizXTech’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site without the express prior written permission of an authorized representative of BizXTech.
For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish,or distribute this site or content accessible within this site.
You agree to cooperate with BizXTech causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Proprietary Information
The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by BizXTech is the proprietary information of BizXTech or the party that provided the Content to BizXTech, and BizXTech or the party that provided the Content to BizXTech retains all right, title, and interest in the Content.
Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of BizXTech, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
Modification or use of the Content except as expressly provided in these Terms of Use violates BizXTech intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
Hyper-Links
This site may be hyper-linked to other sites which are not maintained by, or related to, BizXTech. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or BizXTech. BizXTech has not reviewed any or all of such sites and is not responsible for the content of those sites.
Hyper-links are to be accessed at the user’s own risk, and BizXTech makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by our Company of that site.
Submissions
You hereby grant to BizXTech the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to BizXTech through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.
BizXTech will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.
BizXTech will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.
Billing Policies
All purchases of Infusionsoft will be governed by Infusionsoft’s billing policy, which can be found here.
All other purchases will be governed by BizXTech billing policy, which can be found below.
Disclaimer
You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgement. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied.
Our Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Our Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time. You, and not BizXTech, assume the entire cost of all necessary servicing, repair or correction
IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Our COMPANY MAKES NO WARRANTIES THAT YOUR
USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and BizXTech does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
Limitation On Liability
BizXTech, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to BizXTech. BizXTech and any party that provided trademarks, service marks, and logos to BizXTech retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
threatens
or abuses others, libels, defames, invades privacy, stalks, is obscene,
pornographic, racist, abusive, harassing, threatening or offensive;
seeks
to exploit or harm children by exposing them to inappropriate content,
asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or
person, including violating anyone’s copyrights or trademarks or their
rights of publicity;
violates any law or may be considered to violate any law;
impersonates
or misrepresents your connection to any other entity or person or
otherwise manipulates headers or identifiers to disguise the origin of
the content;
advertises any commercial endeavour
(e.g., offering for sale products or services) or otherwise engages in
any commercial activity (e.g., conducting raffles or contests,
displaying sponsorship banners, and/or soliciting goods or services)
except as may be specifically authorized on this site;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or Trojan horses or
any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications;
disrupts the normal flow
of dialogue, causes a screen to scroll faster than other users are able
to type, or otherwise act in a way which affects the ability of other
people to engage in real time activities via this site;
includes MP3 format files;
amounts to a ‘Pyramid’ or similar scheme;
disobeys
any policy or regulations established from time to time regarding use
of this site or any networks connected to this site; or
contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, BizXTech reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any
information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions.
You acknowledge and agree that neither BizXTech nor any third party that provides Content to BizXTech will assume or have any liability for any action or inaction by BizXTech or such third party with respect to any submission.
Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). BizXTech will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that BizXTech considers insecure, BizXTech will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, BizXTech reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. BizXTech reserves the right to investigate suspected violations of these Terms of Use.
BizXTech reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of Arizona, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Arizona in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in the Phoenix, Arizona metropolitan area. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.
GENERAL BILLING POLICIES
Usage of BizXTech products and services constitutes customer’s acceptance of BizXTech’s billing policy. Following is BizXTech’s billing policy with which all customers must comply:
All accounts are set up on a prepaid basis. Payment must be received by BizXTech before any billable product or service is provided/activated. Customers are required to keep a valid credit/debit card on file to charge for recurring monthly subscription fees, fax or voice broadcast service fees and all email overage fees.
All international customers must pay by credit/debit card. BizXTech does not accept international checks.
Subscription billing is based on availability of products and services, not based on usage.
Customers are responsible for keeping all credit/debit card details and contact information current. This can be done by calling customer service at 480-788-3338 between the hours of 9am and 5pm mountain standard time (daylight saving is not observed).
All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.
Invoice and payment receipts are available to customers upon request.
Billing Cycle
Credit/Debit Card Billing: All credit/debit cards are automatically charged on the customer’s specific billing cycle date. If the credit/debit card is declined, BizXTech will attempt to charge the card on file for 30 days.
Late Fee: All accounts more than 30 days past due may be assessed a late fee. No fewer than three attempts to contact the customer will be made before any late fee is assessed.
Delinquent Accounts: All accounts 30 days past due may be disabled until balances are paid in full. When disabled, all access will be suspended and data will be unavailable.
Deactivation: After an account is delinquent 60 days, it will be cancelled due to non-payment. Once cancelled, the customer will not be able to recover any files until the account is current. Application data will be stored for 90 days post cancellation. After that, application data will not be available. The account record and delinquent balance will be submitted to a third-party collection service.
Fees
Late Fee: BizXTech may assess a $15.00 late fee for accounts 30 days past due.
Chargebacks: If a customer initiates a chargeback, BizXTech may assess a $50.00 processing fee for each individual chargeback.
Returned Checks: BizXTech may assess a $50.00 processing fee on all returned checks.
Collections Fee: In the event an account is submitted to a third-party collections service, a $15.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account.
Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.
Infusionsoft Kickstart Services
To help you succeed and get the most from Infusionsoft, The Kickstart Service Bundle is mandatory for new Infusionsoft customers. Services must be used within 60 days from the date of purchase. Service fees are non-refundable. In the event of cancellation, neither Infusionsoft nor BizXTech will prorate any portion of unused service fees, and all outstanding invoices must be paid in full.
Subscription Billing
Invoices are generated and payments are collected at the beginning of each billing period. Customer billing periods typically begin on the day of the month in which customers purchase their subscription. Customers may cancel their subscriptions at any time. In the event of cancellation, customers will still have access to their applications through the end of their current billing period. BizXTech will not prorate any portion of unused subscription services. All subscription fees are non-refundable.
Payment Methods
BizXTech accepts payments via credit/debit card. Payment by any other means, such as by check, is on a per-customer basis and must be agreed to by BizXTech. Checks must be paid in U.S. dollars and issued from a U.S. bank. BizXTech currently accepts American Express, MasterCard, Discover and Visa credit/debit cards.
Cancellations
Cancellations must be done verbally through a representative of BizXTech. Email requests to cancel do not constitute acceptance of any cancellation. Only verbal requests made with a representative of BizXTech will create a cancellation request. Customers are encouraged to keep records of all cancellation communication. Cancellations will take effect on the last day of the billing period in which the cancellation request was received.
Closing an account with BizXTech cannot be done by simply cancelling the credit/debit card. BizXTech will continue to treat this as an open account and the billing cycle will continue, resulting in a past due account that may be turned over to a third-party collection service. It is imperative that account cancellation is done by speaking with a representative of BizXTech to ensure account closure.
Cancellation of an account does not dismiss outstanding invoices. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be automatically turned over to a third-party collection service.
Billing Disputes
As a current or prior customer of BizXTech, each customer agrees to provide BizXTech 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. BizXTech must be the first option in billing disputes. Should BizXTech receive a chargeback from a third-party credit/debit card company or bank on the customer’s behalf before BizXTech has been given a chance to resolve the issue, BizXTech has the right to collect on the rendered services and any fees associated with those disputes. Regardless of the outcome of the chargeback, BizXTech retains the right to collect on any rendered services or fees that are due. BizXTech will submit any disputed amounts to a collection agency. Once a chargeback has been received, BizXTech will immediately suspend the account until the matter is resolved.
Refunds
Subscription and Service fees are non-refundable.