THESE TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND Code Cabin (PTY) Ltd. (nimbleSquirrel) PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING THE NIMBLESQUIRREL SERVICE.
By using the service provided on the nimblesquirrel.com website’s (“Service”), a service of Code Cabin (PTY) Ltd. (“nimbleSquirrel”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
1. Use of Your nimbleSquirrel Account
1.1 You must use a valid email address for your nimbleSquirrel account.
1.2 You must not use the Service for any illegal or abusive purposes.
1.3 Only one free account per person or legal entity is allowed.
1.4 You are solely responsible for the security of your account and keeping your password safe.
2 Payment and Billing
2.1 You must provide nimbleSquirrel with accurate billing information and keep this information up to date. This applies to all paid accounts, and also for free accounts if you are using and paying for any extra services.
2.2 By subscribing to the Service you give nimbleSquirrel the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
2.3 The nimbleSquirrel Service is a subscription service. You pay in advance for each billing cycle on the first day of that cycle.
2.4 Your nimbleSquirrel account will be renewed automatically until you cancel the Service.
2.5 You are responsible for all charges incurred related to your nimbleSquirrel account, including any applicable taxes or extra service fees.
2.6 The first 30 days of a new, paid account are free of charge and act as a free trial period. Unless you cancel your paid account or change it to a free account before the billing is processed on the 30th day after signup you will be billed for the first billing cycle (the one you chose when signing up).
3 Refund Policy
3.1 If you wish to ask for a refund or have an invoice cancelled, you need to send an email to email@example.com within 7 days (one week) of the invoice date. The email needs to contain your nimbleSquirrel user id (the email you use to log in to nimbleSquirrel) and the invoice number of the invoice in question. You will receive an automatic confirmation email back that acts as your receipt and proof that nimbleSquirrel has received your refund request.
3.2 If you do not receive this receipt email it is your responsibility to contact nimbleSquirrel within these 7 days via phone or email to manually confirm that nimbleSquirrel has received your request.
4 Upgrading and Downgrading of Accounts
4.1 You can at any time upgrade or downgrade to a different nimbleSquirrel account type inside the nimbleSquirrel control panel. You will need to contact firstname.lastname@example.org should you wish to upgrade or downgrade your account. The change to your account type will take effect immediately and apply to all future invoices.
4.2 After an upgrade you will be billed right away for the remaining time until the next renewal (the amount will be reduced with what you have already paid).
4.3 After a downgrade you will be billed at the next renewal date.
5 Cancellation and Termination of Service
5.1 You may at any time cancel your nimbleSquirrel account inside the nimbleSquirrel control panel provided that any past invoices have been paid. nimbleSquirrel does not accept cancellations via email or phone.
5.2Any abuse of the Service will lead to termination of your account. nimbleSquirrel reserves the right to decide what is considered abuse of the Service.
6 Use of Customer’s Name and Company Name
6.1 nimbleSquirrel reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on the nimblesquirrel.com website and other communication with existing or potential nimbleSquirrel customers. To decline nimbleSquirrel this right you need to email email@example.com stating that you do not wish to be used as a reference.
7 Changes to Terms of Service
7.1 These Terms of Service may be updated from time to time without prior notice. The current Terms of Service are always available at http://nimblesquirrel.com/terms_of_service.php.
8.1 The nimbleSquirrel Service is provided “as is” and “as available”.
8.2 nimbleSquirrel reserves the right to modify the Service from time to time at any time, including adding and removing features and package types.
8.3 nimbleSquirrel reserves the right to discontinue the Service at any time after a 30-day notice via email.
8.4 nimbleSquirrel reserves the right to change the prices for the Service and any connected extra services at any time.
8.5 nimbleSquirrel gives no warranties regarding the correctness of the data collected with the Service or any potential corruption or loss of such data.
9 Limitation of Liability
9.1 You expressly understand and agree that nimbleSquirrel shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if nimbleSquirrel has been advised of the possibility of such damages), resulting from: 1. the use or the inability to use the nimbleSquirrel service; 2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the nimbleSquirrel service; 3. unauthorized access to or alteration of your transmissions or data; 4. statements or conduct of any third party on the nimbleSquirrel service; or 5. any other matter relating to the nimbleSquirrel service.
9.2 Any decisions or claims you make based on data from the nimbleSquirrel Service are your sole responsibility. nimbleSquirrel shall not be held liable for any such decisions or claims.
9.3 In no event shall nimbleSquirrel’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
10.2 You agree to immediately notify nimbleSquirrel of any unauthorized use of your account or any other breach of security known to you.
11. 1 If any part of this Terms of Service would be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law.
12.1 This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the non exclusive jurisdiction of the court of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to this Agreement.
12.2 With reference to clause 12.1, the parties submit to the jurisdiction of the High Court of South Africa, South Gauteng High Court and the parties submit to the jurisdiction of the Magistrate’s Court or the Regional Court irrespective of whether the amount claimed by us exceeds the applicable monetary limit allowed to institute a claim in the Magistrate’s Court or Regional Court.