Terms and Conditions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and ““Your” refers to the company/person in contract with OYBI OR person accessing this website, using Own Your BI, LLC services and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “OYBI” “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
ASSIGNMENT OF PROJECT
Own Your BI, LLC reserves the right to assign subcontractors to this Project to ensure that the terms of this agreement are met.
Client records are regarded as confidential and therefore will not be divulged to any third party, other than our partner(s) / supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of all Client Records we keep, on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts, or copies of records as part of an agreed contract, for the benefit of both parties.
We will never sell, share, or rent your personal information to any third party.
DISCLAIMER EXCLUSIONS AND LIMITATIONS
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
I. Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
ii. Excludes all liability for damages arising out of or in connection with your use of our provided software/services. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential, and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
DESCRIPTION OF SERVICE
Own Your BI, LLC designs and develops custom software and provides relevant business and software consulting. Client understands that Own Your BI, LLC’s services may include certain communications from Own Your BI, LLC such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to Own Your BI, LLC’s services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access Own Your BI, LLC’s services.
SCOPE OF WORK
Client understands that the software/consulting purchased, and development includes a specific number of pages, features and/or functionality. The Customer Quote and Project Specifications lists the specific features, functionality and services purchased. The software/consulting only includes those items purchased. If the Client desires additional features, functionality or consulting client may request a price quote to purchase as additional enhancements to the original quote. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.
Client understands and agrees that all work performed by Own Your BI, LLC will be the sole intellectual property of Own Your BI, LLC. This software is often designed by Own Your BI, LLC from a “problem statement” and therefore shall not be considered “work made for hire” (reference Copyright Act of 1976) This software may be modified, marketed, and sold to other clients. There may be industry specific trade secrets provided by the client which requires confidentiality and/or exclusivity. Own Your BI, LLC will upon request and prior to development, enter into an exclusivity/non-disclosure agreement relevant to the specific software being developed.
OUR SOFTWARE PROJECT WARRANTY
We believe that code just doesn’t break; it either works or it doesn’t. We provide the only industry lifetime warranty that gives you peace of mind in knowing you are covered if anything ever comes up. Our competition provides 30-to-90-day warranties in hopes you may miss something and will be another fee down the road.
Own Your BI, LLC does not warranty any issue caused due to server limitations or changes is not covered in the warranty. Any bugs related to 3rd party servers, operating systems 3rd party database integration, web browsers, 3rd party software (including base ERP platforms), 3rd party plug-ins are not cover under the warranty. If Own Your BI, LLC code, including any file, html, script, text, or database is modified or new code/html/text is added, by Client or 3rd party, without prior written permission of Own Your BI, LLC, the warranty will be deemed null and void. The warranty is also nulled if any backup & restore or rebuild of application is needed and done without express written consent of Own Your BI, LLC. This warranty does not include fixes for issues related to new software versions that were implemented after project start or older software versions that are no longer supported by the manufacturer.
The right to warranty is forfeit if the custom software source code is accessed or modified by any third-party company for any reason. This includes any changes that are directly make to any project file. The warranty will not be honored if any of the client payments are over-due, or any monies have been charged back or rescinded.
ELECTRONIC DELIVERY POLICY
Own Your BI, LLC is a web application and software development business and communicates with its clients electronically. When Client accepts this TOS Client consents to receive electronically from Own Your BI, LLC any notices, agreements, disclosures, or other communications (Notices). Client agrees that Own Your BI, LLC may send electronic Notices in either of the following ways 1) To the email address provided to Own Your BI, LLC at the time of sale or 2) to the new email address account Client set up through Own Your BI, LLC. Client agrees to check the designated email addresses regularly for Notices. Notice from Own Your BI, LLC is effective when sent by Own Your BI, LLC, regardless of whether the Notice is read or received by Client.
CALL MONITORING AND RECORDING PRIVACY STATEMENT
As part of Own Your BI, LLC’s commitment to providing the best possible service Own Your BI, LLC may monitor and record phone calls answered by Own Your BI, LLC and made by Own Your BI, LLC. Own Your BI, LLC may also archive recorded voice mail messages. Own Your BI, LLC records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows Own Your BI, LLC to identify how Own Your BI, LLC can better serve its customers
SOFTWARE PROJECT DEVELOPMENT PROCEDURE
With help and input from the Client, Own Your BI, LLC will develop the contracted scope of the software project. Before work may begin on a project, the Client must sign the quotation agreement and electronically accept these Terms of Service.
Client understands, agrees, and acknowledges that Own Your BI, LLC does not guarantee a time frame for completion of ANY software project. This is in part because it is difficult to complete a project without functionality approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the project, the completion time frame is increased. Other factors that may influence the completion date of a project include, but are not limited to, complexity of Client’s project(s), availability of Own Your BI, LLC personnel, accounting status of Client’s account, etc.
If Client does not respond to Own Your BI, LLC communications and, as a result, Own Your BI, LLC is not able to start or complete the software project, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, and enhancements purchased.
While Custom Software Lab does not guarantee a time frame for the completion of any custom software project, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by Own Your BI, LLC at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s software including its corresponding design, enhancements, etc., will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that Own Your BI, LLC will make reasonable efforts to assign designers and programmers more quickly to the account to facilitate development than would be the case under the ordinary developmental process.
The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by Own Your BI, LLC and Client’s timely cooperation with Own Your BI, LLC in any solicitation for information related to the software’s development.
If expedited service is offered to Client by Own Your BI, LLC, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one element of the project, i.e., design, programming and not necessarily to multiple elements of the project or to the project collectively. Under no circumstances will Own Your BI, LLC guarantee the respective portion or portions of the software subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the software that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide Own Your BI, LLC with requested information in a timely manner, Own Your BI, LLC reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to Own Your BI, LLC for all other charges related to the software’s development.
PAYMENTS & CHARGEBACKS
Check, ACH, all major Credit/Debit Cards (Master Card, Visa, American Express) are all acceptable methods of payment.
Payment must be made promptly based on the terms of any development project. If payments are overdue or Client cancels contract, Client hereby agrees to allow OYBI to charge Client credit card on file to pay for unpaid balance. Client also agrees to waive all charge back rights regards to any transactions and will follow contract resolution procedures. Client agrees Most development work will incur a deposit to the amount of 100% of the total project payment. If payment has not been received by 10 days, a follow up email will be sent. After 28 days of non-payment, the contract may be terminated. After termination, if the Client wishes to resume, the Client may reinstate the project by remitting the balance of the invoice. It is not possible to refund a deposit or any project payment after thirty (30) days or once we have sent the design or development source code work to the Client or loaded it into their server. We reserve the right to decide whether a refund is applicable, if requested by the Client for any reason. If a refund is provided, any disbursements already paid to 3rd parties by the Company on behalf of the Client will not be refundable. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Phone requests will not constitute acceptance of any cancellation.
All works remain the property of the Company until paid in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 4.0% until such time the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through small claims court. In such circumstances, you shall be liable for all additional administrative and/or court costs in the State of Michigan.
Return checks will incur a $35 fee charge to cover banking fees and administrative costs. In an instance of a second returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future credit card transactions only. Consequently, all bookings and/or transactions and agreements entered will cease with immediate effect until such time as all outstanding monies are recovered in full.
CANCELLATION FEE AND REFUND POLICY
Refunds of the fees paid for development of the software may be issued on accounts cancelled within 30 days of the initial sale and prior to the completion of the project according to the following schedule:
A) A minimum of a 50% cancellation fee will be retained by Contractor on cancelled account even if no work has been started and no content yet submitted by the Client.
B) A minimum of a 75% cancellation fee will be retained by Contractor on cancelled accounts if work has been presented to the Client; or Contractor has made multiple attempts to work with the Client, and Client has not responded to those attempts.
C) A 100% cancellation fee will be retained by Contractor and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by Contractor. No Refund will be issued on any software cancelled after services have been rendered, including but not limited to, the design work and programming having been completed and/or the software has been moved to client’s server or transferred to their procession.
D) 100% cancellation fee will be retained, and NO REFUND will be issued by Contractor if Client cancels after 30 days from the initial sale.
MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 50% will be retained by Contractor on all cancelled accounts even if no work has been started. The cancellation fee is charged to compensate Contractor for up-front expenses and services rendered, including but not limited to, time costs incurred for project meetings and analysis, project management, documentation, design and development, employee expenses and overhead costs.
ENHANCEMENT SALES – A minimum cancellation fee of 50% will be retained on cancelled expedited services. Client agrees that a minimum cancellation fee of 50% will be retained by Custom Software Lab on all cancelled enhancement purchases if cancelled within 30 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by Contractor if Client cancels after Contractor days from the enhancement sale. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a client cancels an enhancement the original sale is not cancelled.
Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. (See Termination).
By accepting a refund in full or refund less cancellation fee, Client agrees that the matter is settled in full and releases Own Your BI, LLC, its officers, owners, members, agents, and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against Own Your BI, LLC, its officers, owners, members, agents and employees.
TERMINATION OF AGREEMENTS
Both the Client and Own Your BI, LLC have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. If the Client cancels an account before the work is completed or software is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy (SEE Cancellation Fee and Refund Policy). Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website/software may not be maintained by Own Your BI, LLC.
Client is responsible for testing the functionality of the software upon Own Your BI, LLC’s request for approval, and notification that the software has been completed. This includes, but is not limited to, functionality of all software screens, programmed functionality, database, and other business software functionalities.
The Client understands and agrees that if the Client does not respond within 15 business days to Own Your BI, LLC’s request for approval and notification that the software has been completed and taken live, the software along with the functionality of the software and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the software has been tested and approved by the Client.
The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to Own Your BI, LLC’s notification or requests for missing information, the software, along with the functionality of the software and the services rendered, will be deemed to be approved by the Client, and the software will be taken live with the missing information “as-is” or “under construction”.
If Own Your BI, LLC completes all the work per the original sale and database write ups, Custom Software Lab reserves the right to move the project live and deem the work to be completed without Client’s permission if Client will not give approval of the work.
SCOPE CHANGE REQUESTS BEFORE AND AFTER SOFTWARE GOES LIVE
Own Your BI, LLC agrees to build a software to specifications quoted per the original proposal and original project specification. Any additions or changes requested outside of the scope of the original sale, either prior to the custom software going live, or after the software has gone live, will be billed at Own Your BI, LLC’s standard hourly rate. Own Your BI, LLC is not obligated to complete Client requests or changes outside of the scope of work on the original proposal. If Own Your BI, LLC does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the State of Michigan govern these terms and conditions. By accessing this website, you consent to these terms and conditions and to the exclusive jurisdiction of the Mason County, Michigan courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied, or supplemented except in writing and signed by duly authorized representatives of the Company.
NOTIFICATION OF CHANGES
These terms and conditions form part of the Agreement between the Client and us. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.