Terms and Conditions
If you are representing a company or other legal entity, when accepting or agreeing to these Terms and Conditions, you are stating that you have the authority to legally bind the company or other legal entity that you represent to these Terms and Conditions, and as such, any use of “you”, “your”, “yours”, “client” and “clients” will refer and apply to both you and the company or other legal entity.
In these Terms and Conditions,
- “SkyPrep.com”, “SkyPrep”, “us”, “we”, “website”, “service” refer to SkyPrep Inc. and its products, including BoostHQ.
- “customer”, “users”, “user”, “you”, “your”, “they”, “their”, “client”, “clients” refer to you and the company or other legal entity that you represent
This website (skyprep.com) and all of its content are owned by SkyPrep Inc. This Terms and Conditions document is a legally binding agreement between the customer and SkyPrep. SkyPrep does not take any responsibility for any of the content created by its customers and users. The information in this document can change at any time and it is the responsibility of the customer to review the website for periodic updates.
3. Clients guarantee that:
- They secure their SkyPrep password.
- They will take responsibility for all content on their SkyPrep account.
- They will not upload any content that is illegal or offensive. They agree that any content that they upload is in their discretion and that SkyPrep is not responsible for this content, nor will they hold us liable for actions caused by their account and/or content.
- Any content uploaded or actions performed through their SkyPrep account are done so at the client’s own risk.
- They understand that all correspondences and dealings with users of their account or website are their responsibility.
- They have express permission to use all content and images on their SkyPrep account.
- They have received consent from their end-users before adding them into their SkyPrep account.
4. SkyPrep is not liable for:
- Any loss or liability that arises from delaying or failing to provide the service.
- Any confidential information lost via communication or through the use the SkyPrep platform.
- Any third-party service related to SkyPrep.
5. You are liable for any loss, damage and/or liability we suffer from the following:
- Your misuse of our services in any fashion.
- Your breach of these terms and conditions.
- The misuse of your account by another person.
The client agrees to indemnify and hold SkyPrep, its officers, directors, executives, affiliates, agents, and employees harmless from any liability, loss, costs, expenses, or damages they may suffer as a result of claims, demands, costs, or judgments against them or through the use of the SkyPrep website, platform, and/or service, including, but not limited to, (1) breach of the Terms and Conditions by the client or anyone assuming the identity of the client through the use of the client’s computer or login credentials, (2) claims that the client’s use and/or content infringes on intellectual property and/or copyrighted material of a third party, (3) claims that the client’s use and/or content has harmed and/or damaged a third party, (4) claims arising from or due to content that the client posts, creates, or otherwise makes visible and/or accessible.
The client will pay any and all costs and expenses, including, but not limited to, attorneys’ fees and costs awarded against or incurred by, or in connection or arising from any such claim, suit, action, or proceeding.
7. Up-time and Back-up
SkyPrep will take industry-standard precautions to maintain and back-up your data on a periodic basis. However, SkyPrep does not guarantee this process and it is recommended that users independently take periodic back-ups of data that is on their SkyPrep account.
Clients understand that SkyPrep uses third party vendors to provide its services. In the case where a service outage occurs, SkyPrep will not be held responsible or liable for data loss.
8. Content and Information
All data and content on the SkyPrep platform will remain in a client’s account until the account is closed. Any content uploaded by the client will remain the intellectual property of the client. None of the data will be shared with a third-party unless otherwise allowed by the client or required by law or court order. SkyPrep can remove or limit the amount of content on a client’s account at any time. Content regarded as inappropriate will be removed immediately.
- SkyPrep may suspend all accounts during times of technical repair.
- SkyPrep may terminate a client’s account if the client fails to comply with the terms set in this agreement.
- SkyPrep may remove, update, or change the client’s data if there is any misuse of SkyPrep, claim or allegation made against the client, or court order to do so.
- SkyPrep may suspend, or terminate your account for any breach of payment.
- SkyPrep may add your logo and company name to marketing material for as long as you have a non-cancelled account.
An “Administrator(s)” is a user that is designated as an “Admin” within the client’s platform. All communication between SkyPrep and clients must occur with designated Administrators of the account.
- Only Administrators may receive technical support.
- Plan changes, including cancellations, can only be made by Administrators.
Technical support is provided for SkyPrep clients if the support request is explicitly regarding the SkyPrep platform so long as the requests are made on a weekday (Monday through Friday) between 10:00 and 18:00 Eastern Standard Time (excluding Canadian Holidays). SkyPrep will answer all support requests in the order that they are received as long as they are pursuant to the guidelines specified in this section. If a request is made outside of these times, SkyPrep will respond at the earliest possible time that falls within our business hours as outlined above, following the order in which requests are received. The type of support that a client is entitled to depends on the plan that they are subscribed to and SkyPrep reserves the right to decline providing support if contacted through a means that is not supported by the client’s current plan. Support will only be provided to registered platform administrators and will not be provided to anyone else, including, but not limited to, registered non-administrators, people and/or persons claiming to be an administrator without being able to prove their identity, and executives of the client’s company who are not registered as an administrator on the platform. SkyPrep can be contacted with issues regarding specific technical questions and/or general knowledge, so long as all enquiries made are regarding the SkyPrep platform. Before contacting SkyPrep’s support services, the client must have shown due diligence in exhausting all attempts to investigate and solve their problem on their own, including, but not limited to, the use of the SkyPrep Help Center. The client agrees to contact SkyPrep’s support services at a reasonable frequency. SkyPrep reserves the sole and absolute right to terminate support services for clients who have shown they are misusing the support services in accordance to the terms stated above.
11. Billing and Refunds
Please check the Pricing Plan with the latest billing options we provide. All pricing is in USD. SkyPrep may, at any time, change the prices and packages it offers. It is the responsibility of the client to watch for these updates. Month-to-month clients will be given two months to switch into a new plan if their current plan becomes unavailable. Yearly contracts will not be affected. Refunds may be given at the discretion of the company and is subject to our refund policy. Any charge-backs made by clients against SkyPrep will incur a $50 service fee per charge-back, on-top of the existing amount charged back and owed to SkyPrep.
A client on a monthly plan will be charged at end of their billing cycle, i.e., post-pay, except for their first monthly payment which will be collected on the day they subscribe for a SkyPrep plan.
If cancelling a plan, the client must inform SkyPrep of the cancellation before the payment is due. If the notice of cancellation is received after a payment, the payment will be charged and no refund will be given. The client will retain access to the platform until the date the next payment is due, upon which the service will be terminated and the client will no longer be charged.
A client on a yearly plan will be charged two weeks prior to the beginning of their yearly billing cycle (“renewal date”). Any monthly overage fees that apply will be charged at the end of each monthly billing cycle.
Clients on a yearly plan will be automatically renewed to another year commitment on their renewal date. If a client on a yearly plan wants to cancel, they must give a written notice of cancellation 30 days prior to their renewal date.
Charges for the new yearly plan will be based on the most up-to-date price for their respective plan.
No pro-rated refunds will be given for clients who cancel their service during the middle of their billing cycle and they will be billed the full amount at the end of their current billing cycle.
If a client’s payment is not made on time, SkyPrep reserves the right to remove or revoke any discounts associated with client account, or suspend the client’s account until payment is made.
Clients who cancel accounts will lose all previous discounts and pricing if they want to return to SkyPrep in the future.
Each plan allows a limited number of Administrators (Admins). Each Admin over the plan limit will be charged at a rate of $50 per month, e.g., if the client’s plan allows 5 Admins and the client has 8 Admins, the client will be charged an additional $150 fee for the 3 Admins that are over the plan limit.
Custom certificates must be provided as an HTML template by the client. If the client cannot provide an HTML template, SkyPrep will convert the certificate template provided by the client (e.g. PDF, PNG, JPG) to an HTML version for the client, free of charge, once every six months (two per year), on any yearly plans supporting custom certificates. If the client requires a new custom certificate to be converted to HTML before the six-month waiting period is over, there will be a fee. The customer can also request the HTML code of the existing certificate if they wish to make changes to it. Due to the dynamic nature of custom certificates, SkyPrep will do its best to convert the customer’s provided template as accurately as possible to an HTML template. However, this conversion process is not guaranteed to be 100% accurate.
12. SkyPrep Referral Program
SkyPrep reserves the right to remove fake/abusive referrals from the platform. Referral points awarded from these referrals will also be removed.
13. Limited Liability
The client acknowledges that SkyPrep’s aggregate liability to you related to and in connection with this agreement shall be limited to $500 for use of the SkyPrep service.
Clients using SkyPrep on their own domain take full and complete liability for any downtime issues related to their service. Clients using SkyPrep on their own domains guarantee that they will provide a valid, non-expired TLS/SSL certificate to SkyPrep. If no valid TLS/SSL certificate is provided to SkyPrep by the client, the client takes full and complete responsibility for any loss of log-in credentials, data and any security breaches that result.
By using the services of SkyPrep, you acknowledge that you have read and have accepted these terms and conditions.