By engaging in services or using a product from ColorMyBnb, Client agrees to the following Terms of Service.
DESCRIPTION OF SERVICES
ColorMyBnb will provide a set of online services including copy and editorial development, search engine optimization, graphic design, website design, strategic consultation and more as described on the signup page for each specific service.
LIMITATIONS OF SCOPE
ColorMyBnb will not be responsible for work that is beyond the scope of services set forth in the service or product description in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties.
ColorMyBnb will provide certain tools, methods and resources to Client that are intended to help Client grow and build its business. However, Client is fully and exclusively responsible for its own business performance and Client satisfaction.
In addition, Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal or contractual obligations related to Client’s business, including without limitation, data held by Client and its Clients, information provided by Client to Clients and/or other third parties and any safeguarding and security measures that may be required.
ColorMyBnb may participate in implementing needed systems services and functions, but Client is solely responsible for the final outcomes, actions taken and results produced.
All content produced by ColorMyBnb within the scope of Services including software and web code, contents, graphics and design, or material developed or licensed by ColorMyBnb for Client as part of the Services is copyrighted by ColorMyBnb and remains the exclusive property of ColorMyBnb until payment is received per service. Use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
Customer hereby acknowledges and agrees that ColorMyBnb shall have the right to use the name of Client, including the Client Web Site, for reference as a customer of ColorMyBnb services for referral and marketing purposes.
Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. Most ColorMyBnb services are pay-as-you-go. For subscription services, ColorMyBnb will start subscription billing to Client beginning the date client agrees to these terms of services as described in the payment plan in Section 7 below and it shall automatically renew for subsequent one (1) month periods until it is formally terminated in writing or email. Termination of this Agreement requires written or email notice delivered thirty (30) days prior to the desired date of termination. A repeated failure to make payment by date due during any period gives ColorMyBnb the option for immediate termination.
PAYMENT FOR SERVICES
Most ColorMyBnb services require One-Time Payments, meaning each service purchased will have a one-time Fee for which the full amount will be charged upon signup.
For Monthly Recurring Services, your “Billing Cycle Date” is the date on which you sign up for your initial service with ColorMyBnb.
For all Yearly Recurring Services – You will be charged the full Yearly Recurring Fee upon signup, with subsequent years’ charges on the same date.
Client will pay monthly fees to ColorMyBnb for a subscription to Services as described in plan above in effect at the time of this agreement and for the license to use the ColorMyBnb web services, software and licensed content in conjunction with these services. Payment will be made by automatic credit card transactions. Invoices will include monthly subscription fees and any additional fees for elective or other additional Services that have been purchased by the Client. Invoices will be issued and automatic transactions processed as described above. ColorMyBnb reserves the right to assess and collect late-payment charges of 2% per month on past due balances.
ColorMyBnb shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in ColorMyBnb’s industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and ColorMyBnb disclaims, and client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services. ColorMyBnb does not warrant that any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
LIMITATIONS OF LIABILITY
Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of ColorMyBnb, ColorMyBnb’s liability to pay damages for any losses incurred by client as a result of breach of contract, negligence or other tort committed by ColorMyBnb, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent three (3) months of base fees paid under this agreement. In any case, ColorMyBnb and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, ColorMyBnb shall have no liability to client arising from or relating to any third party hardware, software, information or materials. ColorMyBnb is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though ColorMyBnb will attempt to prevent or minimize exposure to such risks.
Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against ColorMyBnb and its licensors arising from products or services related to this Agreement. Conversely, ColorMyBnb shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of ColorMyBnb.
You agree that these Terms and Conditions shall be treated as though they were executed and performed in Colorado and shall be governed by and construed in accordance with the laws of Colorado (without regard to conflict of law principles). All legal proceedings arising out of or in connection with these Terms and Conditions or any other agreement related to the use of ColorMyBnb services shall be brought solely in Colorado. ColorMyBnb is a dba of Brand Sunrise LLC, 1245 Humboldt Street, Denver, CO, USA, 80218.