Terms and Conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.visitbasis.com/ website and the VisitBasis mobile application (together, or individually, the “Service”) operated by VisitBasis Tech, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
“Service” – the full set or any part of the technology made available by VisitBasis through its Mobile App, Office App, or Website;
“Mobile App” – the Apple iOS and Android mobile and tablet application by which users capture and collect field information, transmit it to the Office App, and receive information from the Office App. Such information includes, but is not limited to: pictures, text, signatures, GPS positioning, time stamp, expenses, mileage, customer answers, orders, and schedules;
“Office App” – the sections of the Website and the Internet browser application available for users to manage, view and analyze the information exchanged with the Mobile App Users;
“Website” – the website www.visitbasis.com, through which we prospect and interface with customers – current and/or potential – and grant access to the Office App and any other part of the Service;
“Users” – any person that uses the Service through the Mobile App, Office App or Website;
“Admin User” – one or more persons that use the Service through the Mobile App, Office App or Website and that is/are the primary contact(s) between you or your organization and VisitBasis. “Admin User(s)” has/have full access to the contracted Service and power to provide and change Account information pertaining, but not limited to, payment method, additional Users, Termination, and Reactivation; and
“Account” – contract between you or your organization and VisitBasis, managed by one or more “Admin Users”, under which access to the Service is provided to you.
Service will be available to you upon your signing up for an Account on our Website. Under our discretion, we might make available to you a Service trial period free of charge. On or before the last day of the free trial period, you will need to provide a method of payment to keep the Service active. Current methods of payment are:
- Monthly payment: We will charge your credit card in advance a monthly payment for the number of active users. Should a Admin User add more active users at a later time, we will charge a prorated amount for such active users through the end of your established billing period.
- Yearly payment: We will provide you a choice of payment method for yearly subscriptions that might include credit card, bank transfers, and/or other. Should you add more active users at a later time, we will request advance payment for such additional active users charged at a prorated amount through the end of your established billing period.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you (i) create an account with us or (ii) choose to accept an invitation by an employer or contractor to use the Service, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your organization’s account, you or any other Admin Users may do so by accessing the Account settings window in the Office App and selecting “Cancel subscription and close account”.
Should an Admin User accidentally or wrongfully terminate/cancel your organization’s account, VisitBasis must be contacted within 24 hours to revert such accidental termination in order to avoid Account reactivation charges.
Termination will be effective at the end of the established billing period. You will not be entitled to a refund for any pre-paid monthly or yearly dues. During the period between the account termination request and the end of the established billing period you shall download any of your account data available through the Office App. Your account data will be permanently deleted from our contracted servers 30 days after the effective termination date.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Account reactivations are only possible on the 15 days following the effective termination date, before the Account data is permanently deleted from our contracted servers.
Should you wish to reactivate your account after the effective termination date, a reactivation fee of $300 plus the equivalent of your last monthly billing will be charged.
Upon logging into the Mobile App, you acknowledge that (i) you will be automatically transmitting and storing information on your location and timing of your activities to an Account held by your employer or contractor and that (ii) this information might affect your evaluation or standing with such employer or contractor. VisitBasis Tech, LLC has no control over, and assumes no responsibility for the data contained in such information exchange.
As a User of the Mobile App, you have access to the information provided by you to your employer or contractor through the Service. Such information includes, but is not limited to: pictures, text, signatures, GPS positioning, time stamp, expenses, mileage, customer answers, orders, and schedules. You shall communicate immediately to your employer or contractor any discrepancies or inaccuracies between facts and such information.
You acknowledge and agree that VisitBasis Tech, LLC 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 the Service for the information exchange between Users and their employers or contractors.
VisitBasis Tech, LLC has no control over, and assumes no responsibility for the terms and conditions of a User’s employment or services contract.
Computer and mobile platforms
VisitBasis Tech, LLC reserves the right to develop our applications for specific computer and mobile operating systems and software.
VisitBasis Tech, LLC has no control over, and assumes no responsibility for any computer or mobile system and software settings and/or updates that might affect the operating ability of VisitBasis on any of these platforms.
You acknowledge and agree that VisitBasis Tech, LLC 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 any system or software settings and/or upgrades to your computer or mobile devices.
Data storage, service integrations and links to other web sites
Our Service may be hosted at and contain links to third party web sites or services that are not owned or controlled by VisitBasis Tech, LLC.
We reserve the right to change providers at any time, for any reason for any such services that include, but are not limited to, data storage, online chat, calendar, mapping, document formatting, and data querying.
VisitBasis Tech, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that VisitBasis Tech, LLC 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 services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
The Service and its original content, features and functionality are and will remain the exclusive property of VisitBasis Tech, LLC and its licensors. The Service is protected by Copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of VisitBasis Tech, LLC.
You agree to defend, indemnify and hold harmless VisitBasis Tech, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of liability
In no event shall VisitBasis Tech, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
VisitBasis Tech, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at email@example.com.
14 December 2021