vSeptember 2016

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Terms of Service

This agreement describes the Terms of Service for Planbox Work Group Edition only. Planbox Innovate and other Planbox products have their own terms of service agreements. Please contact Planbox sales for more information.

Please read this agreement carefully, it is a legal agreement between you and Planbox Inc (“Planbox”). To complete your order for the service you’ve requested, you must first read and accept the terms and conditions of this agreement (“agreement”). Submission of your order constitutes acceptance of these terms and conditions.

Amendment of agreement

Planbox may amend this Agreement from time to time, on an as-needed basis by placing an update of this Agreement on-line at Planbox’s web site at this location or at any other location designated at the said site. Any changes to this Agreement take effect as soon as said changes are made available. Therefore, it is the user’s responsibility to monitor this Agreement on-line. If user does not agree with the terms and conditions of Planbox, user must immediately cease the use of Planbox’s service. Planbox agrees to give notice, via email to the primary email address on record, of any material changes that affect the length, privacy, or cancellation of this Agreement.

1. Purpose of site

Planbox Work – Group Edition is a service provided and operated by Planbox Inc., (hereby referred to as “Planbox”). Planbox’s services include, but are not limited to: providing online work and project management and the hosting of related files on Planbox’s servers (that portion of the server allocated for user’s use is hereafter referred to as “user’s Allotted Space”). Planbox may provide any other services, as necessary, for the operation of its business.

2. Term / length of agreement

The term of this Agreement shall be Flexible (month-to-month) or Annual (year-to-year) depending on the selected Payment Plan from the Effective Date of the Agreement or for the specified term of service as identified by the “PLAN” that user subscribes to. For purposes of this Agreement, the “Effective Date” shall be the date on which Planbox delivers notification of account or service activation to user with regard to user’s order. Planbox’s subscription plan automatically renews every month for the Flexible payment plan (or every year for the Annual payment plan) to ensure continuity of the service, unless specifically cancelled by the user who is designated to be the owner of the organization being billed.

3. Price and payment

3.1. Payment

All amounts are in US Dollars and must be paid by credit card through our recurring subscription plan.

3.2. Pricing

Prices and plans are subject to change at the sole discretion of Planbox. Price increases will occur only after a 15 days notice. Any pricing increase will not be applied to your account until your next effective payment cycle (monthly or annual depending on your current payment plan).

3.3. Refund policy

Planbox offers a fair and simple refund policy. Click here to learn more.

4. Cancellation and Termination Policy

If you are on the Flexible payment plan (monthly billing) and cancel your account after 5 days, you will be charged for the current monthly billing cycle. If you are on the Annual payment plan and cancel after 5 days for the current annual billing cycle, your cancellation will take effect after the current paid up one year of commitment is completed.

4.1. Trial accounts

New Planbox users are provided unlimited access to a trial version of a Planbox Work Group Edition Paid Plan for 15 days to evaluate, test and use the Service. The trial version of the service is provided at no cost to the user. After the initial 15 days period of the trial version expires, the account will be automatically suspended unless the user subscribes to the Service as a paying customer. Suspended accounts are deleted after some time later as determined by Planbox. Planbox reserves the right to change the terms and length of the the trial version at any time.

4.2. Inactive grandfathered free Accounts

Any Free account (grandfathered prior to Februrary 1, 2016) is considered inactive if the user does not log in to the service for a period of 120 days. Planbox reserves the right to delete such an account, including all content, records, information, text, files, documents, etc that were created and stored in FREE Plan. No new Free accounts are available as of February 1, 2016.

5. Acceptable use

5.1. Content of user’s Materials

Planbox does not actively monitor the user’s material nor does Planbox exercise any editorial control over the content of any material that the user uploads into Planbox’s service. However, Planbox reserves the right to remove any and / or all of the user’s material from Planbox’s service that are, at Planbox’s discretion, judged potentially illegal, a violation of trademark and / or copyright, or may subject Planbox to liability, or violate the acceptable use policy stated below in this Agreement. Upon removal of the material, Planbox will notify user of the removal of the material, as well as the reason for removal. In no instance shall Planbox be liable for the removal of any such material.

5.2. Acceptable use

This Agreement is designed to help protect Planbox’s users and the Internet community from irresponsible or illegal activities. In the event that user violates this Agreement through improper use of the service, as depicted in the “Not Acceptable Use” section below, Planbox reserves the right to suspend or terminate the service without notice. Planbox shall make commercially reasonable efforts to advise user of the inappropriate behavior and offer any corrective action necessary. Planbox reserves the right to immediately terminate its service to user for any flagrant or repeat violations of this Agreement.

5.3. Not acceptable use

Incidents that may cause the account to be terminated include, but are not limited to:

Harassment: using the service to threaten or harass;
Using the service for any purpose other than which it is intended;
Attempting to impersonate any person, using forged headers or other identifying information in a defamatory way;
Uploading any programs that may cause a disruption to the service;
Untimely payment of any and all amounts due;
Any action that violates the laws of applicable local, state, provincial, federal or international governmental bodies;

Planbox will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity. Planbox reserves the right to monitor or view material uploaded by user onto Planbox’s service at any time for the purpose of ensuring compliance with this Agreement.

6. Service Level Agreement

6.1. Service availability – 99.5% Uptime Guarantee

Planbox uses best efforts to keep its service up and running. However, Planbox cannot and will not guarantee 100% uptime of its service. Planbox’s service is guaranteed to be available and capable of forwarding IP packets ninety-nine point five (99.5) percent of the time, as averaged over any monthly billing period.

Users must keep in mind that it is very likely that Planbox’s services are fully operational, but the end-user’s access to the media is disrupted by means of independent backbone carrier issues. User must provide information supporting the claim of this Service Level Agreement violation such as trace route and / or PING data produced during the time of the incident.

6.2. Definition of downtime

Downtime shall be considered when the Planbox service is unavailable for a period of 15 consecutive minutes or more. If users are notified prior to a period of unavailability, the period during which the Service is unavailable shall not constitute Downtime.

7. Copyright and Trademark

7.1. Copyright

The entire content of Planbox’s Service, including its Web site, is copyrighted, and all rights are reserved.

7.2. Trademark Reservation of Rights

Planbox Inc. the owner and operator of Planbox (hereinafter referred to as Planbox), and / or its licensors, is the exclusive owner of all right, title, and interest in Planbox’s Trademarks and Planbox’s logos. No person or entity may reproduce or use (or authorize the reproduction or use of) the Planbox Trademarks or Planbox logos in any manner other than expressly authorized by Planbox. Unauthorized use of Planbox’s Trademarks or Planbox’s logos is strictly prohibited. Planbox, is the trademark of Planbox Inc.

8. Security and integrity of user’s media

Planbox provides best efforts to insure integrity and security of user’s data, including the use of automated back-up systems, secure servers and restricted access to back-office systems. However, such procedures cannot guarantee complete security and integrity of data. Therefore, Planbox makes no guarantee and assumes no liability for the security of any data, on any server including “secure servers.” user agrees to maintain separate backups of any data other than the backup systems that Planbox has in place and Planbox shall not be liable for the loss, or modification, of any user materials due to any breach of security. Planbox’s backup systems are reserved for Planbox’s use and are not available to user for the purposes of requesting data whereby such missing or defective data is a result of circumstances not related to Planbox’s system failures or breach of security.

9. Disclaimer of warranty

Planbox does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

10. Limitation of Liability; Indemnity

Under no circumstances will Planbox be liable to the user for indirect or direct damages greater than the sum total of payments made by customer in the last 6 months for the use and occupancy of customer’s space or in the case of special services, the sum total of payments made by the user to Planbox for the service for which damages are claimed. In no event shall Planbox be liable for any direct, indirect, incidental, punitive or other consequential damages (including, without limitation, lost profits) arising out of and in relation to this Agreement even if advised before hand of the possibility of such liability. Under no circumstances will Planbox be liable to user for any marketing, advertising, promotional expenses or any other direct or indirect expenses related to the user’s use of Planbox’s service, regardless of any event, including interruption of Planbox’s service, or Planbox’s removal of user’s material.

You will indemnify and hold Planbox, its officers, directors, shareholders, agents, licensors and employees harmless with respect to any suits, claims or demands (including reasonable lawyers’ fees) arising out of (i) your breach of these terms of service; (ii) any damages by you or your use of the service caused to a third party; or (iii) your use or misuse of the service.

11. Taxes

In the event that they are applicable, user shall be solely responsible for the payment of all sales, use and similar taxes relating to their use of Planbox’s services.

12. Applicable law; jurisdiction

The Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, applicable to Agreements made and entirely to be performed within the Province of Quebec, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you use the service, you agree that any action at law or in equity arising out of or relating to the Agreement shall be filed and adjudicated only in the federal or provincial courts located in Quebec (district of Montreal), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms of Service

13. Assignment and account ownership

User may not assign its rights or obligations arising under this Agreement without submitting a request to do so in writing, complete with original signatures, and without Planbox’s prior written consent. Should ownership of a Planbox Account be disputed between two or more parties, priority shall first be given to the original name on the account, supported by an email address or any other method that Planbox judges satisfactory. If ownership of an Account remains in dispute, Planbox reserves the right to inter-plead the dispute to binding arbitration as depicted in this General Terms and Conditions in the Province of Quebec, and suspend service and withhold user’s content until court action determines otherwise. Planbox may assign its rights and obligations under this Agreement, but must provide written notice to user within 15 days of doing so.

14. General provisions

The user represents and warrants that he/she has full power (including corporate power) and authority to execute and deliver this Agreement and to perform his/her obligations hereunder, and that the person (and company, if applicable) who accepts this Agreement by clicking the “I accept these terms and conditions” box is duly authorized to enter into this Agreement on behalf of the party.

15. Notices

Planbox reserves the right to contact our users regarding important product or policy announcements and to satisfy legal requirements. All legal notices to Planbox should be submitted to: legal@planbox.com.

16. Privacy policy

Your use of the Website and the Planbox Application is also subject to Planbox’s Privacy Policy (the “Privacy Policy”), which is incorporated by reference and made a part of the Terms of Service. It is important that you read and understand the terms of our Privacy Policy.

17 Language

The parties hereto acknowledge having expressly required that this Agreement and the Privacy Policy are to be drawn up in the English language. Les parties aux presentes reconnaissent avoir expressement exige que les presentes Modalites et Conditions et la Politique relative à la protection des renseignements personnels soient redigees en anglais.