Bandesoft Terms and Conditions of Service

Last modified: June 5, 2020 Welcome to BandeSoft. Thanks for using our products and services. The Services are provided by BandeSoft, located in Duisburg, Germany and Yaounde, Cameroon. By using our Products and Services, you are agreeing to these terms and conditions.
  1. General Terms
These terms of service (“Terms”) govern your access and use of any and all BandeSoft products and services offered through the BandeSoft website (www.bandesoft.com), so please read them carefully before using any of the Services.   By using any of the products and services you agree to be bound by these Terms in their entirety.   If you are using the Services on behalf of an organization then you are agreeing to these Terms for that organization and are warranting that you have the authority to bind that organization to these terms. In that case “you” and “your” will refer to that organization.   You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with BandeSoft Company and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.  
  1. Your Files and Privacy
By using our Services you provide us with information, files, and folders that you submit to BandeSoft. You retain full ownership to your files. We don’t claim any ownership of any of it. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.   We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing them at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services. To be clear, aside from the rare exceptions we identify in our Privacy Policy no matter how the Services change, we won’t share your content with others, including law enforcement, for any purpose unless you direct us to. You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms. We may choose to review public content for compliance with our community guidelines, but you acknowledge that BandeSoft has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.  
  1. Sharing
The Services provide features that allow you to share your files with others or to make it public. There are many things that users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. BandeSoft has no responsibility for that activity.  
  1. Modifications
We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please send us an email ([email protected]) or report to any BandeSoft offices.  
  1. Software and Updates
Some of our Services require you to download a client software package (“Software”). BandeSoft hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms.  
  1. Account Security
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify BandeSoft of any unauthorized use of your account.  
  1. Your General Responsibilities
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. BandeSoft, will not be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service. You, and not BandeSoft, are responsible for maintaining and protecting all of your files. BandeSoft will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files. If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.  
  1. Limitation of Liability
THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BandeSoft will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.   TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BandeSoft, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BandeSoft HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;  (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE AMOUNTS PAID BY YOU TO BandeSoft FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.  
  1. Termination
You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. If we terminate your service for breach of these terms no refund of any fees paid to BandeSoft relating to your service will be offered. If we terminate your service for any other reason than breach of these terms, or at our sole discretion, then we may refund unused portion of fees paid for the Services on a pro-rate basis.  
  1. Jurisdiction
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY THE LAW OF THE GOVERNING COUNTRIES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF GERMANY, CAMEROON AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and BandeSoft with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. BandeSoft’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but BandeSoft may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. BandeSoft and you are not legal partners or agents; instead, our relationship is that of independent contractors.  
  1. Free Trial Period
  2.       Where services are offered on a free trial basis, payment will be taken for the first month, quarter or year when you enter your billing details during the free trial period.
 
  1.       The renewal date for the contract shall be deemed to be one month, quarter or year following the end of the free trial period.
  III.        If you wish to cancel your contract during the free trial period you may do so by informing us in writing before the end of the free trial period, and before you have made payment.  
  1.       If you do not cancel your service prior to the end of the free trial period the fees for the first month, quarter or year of your service will become due.
  Optionally, with some services, you may pay in advance at the commencement of your free trial. In these circumstances you cannot cancel the free trial as described above, but a money back guarantee may be available if you chose to cancel within 30 days.  
  1. Money Back Guarantee
Some services are advertised as including a money back guarantee. To receive a refund under the guarantee you must follow the instructions in our Refund Policy. If you do not claim a refund of fees during the period mentioned in our Refund Policy, then no refund will be due. Money back guarantee is not available in combination with a free trial. If you pay for our services during or at the end of a free trial period then no money back guarantee will be available.  
  1. Fees
All charges payable by you for the BandeSoft Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted, and shall be due and payable in advance of provision of the BandeSoft Services.   80% of the first year’s fees charged for any BandeSoft service relate to the initial setup of your account, provisioning of computer hardware, support and service activation. You agree that, except where otherwise specified in these terms, these fees are not refundable on any basis. We reserve the right to alter pricing, including ceasing to offer elements of the BandeSoft Services. BandeSoft will inform you by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification. All fees for our services are due in advance and your contract will automatically renew on its anniversary month, quarter or year, at which point fees for the following month, quarter or year become payable. If you choose to pay by credit or debit card then you authorise BandeSoft to debit your account renewal fees from your card. If you wish to cancel your contract with BandeSoft, you must do so in writing before the renewal of your contract. You may still make payments in any BandeSoft offices in Cameroon or Germany.   All fees paid to us are non refundable except in circumstances set out in these Terms. You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms.  
  1. Intellectual Property
  2.       Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
 
  1.       The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both Cameroon, Germany and other foreign countries. These Terms do not grant you any rights to use the Bandesoft trademarks, logos, domain names, or other brand features.
  III.        The Software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that content contained in sponsor advertisements or presented to you through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BandeSoft or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on such content, Services or Software, in whole or in part except as specifically authorized in a separate written agreement.  
  1.       You undertake not to (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by BandeSoft in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to BandeSoft products.
 
  1.       Except as expressly authorized by BandeSoft you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter BandeSoft’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the BandeSoft products or Software.
 
  1. Additional Terms applicable to use of BandeSoft Backup
Some services, including the BandeSoft Backup package are sold on a per-computer basis and include unlimited data backup for that computer. You are only permitted to backup data stored on a) internal hard drives of that computer, b) externally connected drives, such as USB drives, connected to that computer. With the exception of our business service, services that include BandeSoft Backup can be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from. If you delete files from your computer that have been backed up we will remove the corresponding backup from our servers. You must at all times run the BandeSoft software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. BandeSoft may remove backups for computers that have not connected to the service for 30 days.   If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.    
  1. Acceptable Use
You agree not to misuse the BandeSoft services. For example, you must not attempt to use the services to do the following things.  
  • Probe, scan, or test the vulnerability of any system or network;
 
  • Breach or otherwise circumvent any security or authentication measures;
 
  • Access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to, BandeSoft (or our service providers’) computer systems;
 
  • Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
 
  • Plant malware or otherwise use the Services to distribute malware;
 
  • Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
 
  • Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
 
  • Publish anything that is fraudulent, misleading, or infringes another’s rights; promote or advertise products or services other than your own without appropriate authorization;
 
  • Impersonate or misrepresent your affiliation with any person or entity;
 
  • Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
 
  • Violate the law in any way, or violate the privacy of others, or defame others
 
  • ADVERTISEMENTS
  Some BandeSoft products may be supported by advertising revenue and may display advertisements and promotions on the product. Such advertisements may be targeted to the content of information stored on the BandeSoft products, queries made through BandeSoft products or other information. The manner, mode and extent of advertising by BandeSoft on its products are subject to change. You agree that BandeSoft may place such advertising and that BandeSoft shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on BandeSoft products or your subsequent dealings with advertisers.  
  • LINKS
  BandeSoft products may provide, or third parties may provide, links to other worldwide Web sites or resources. BandeSoft may have no control over such sites and resources and you acknowledge and agree that BandeSoft is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BandeSoft shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such site or resource.  
  • INDEMNITY
  You agree to hold harmless and indemnify BandeSoft, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “BandeSoft and Partners”) from and against any third party claim arising from or in any way related to your use of the Services in violation of the Terms or any other actions connected with use of the products of BandeSoft, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, BandeSoft will provide you with written notice of such claim, suit or action.    
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