Gradinet Terms of Service

By using the gradinet.com or gradinet.ro web sites (“Service”), all services of BITNET CCSS, LTD (“Bitnet”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Bitnet reserves the right to update and change the Terms of Service from time to time without notice.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.gradinet.com/index/terms/. Violation of any of the terms below will result in the termination of your Account.

While Bitnet prohibits such conduct and Content on the Service, you understand and agree that Bitnet cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Only your staff, teachers and parents of children registered at your kindergarten may access the Gradinet platform under your account. Regardless whether you request Bitnet for data entry or enter the information yourself in the system you are responsible that only your staff, teachers and parents email addresses will be added to the system.
Each Gradinet account represents a physical kindergarten location. It is not allowed to use one account for more kindergartens, regardless of their affiliation with (including property of) the account holder.
Each user is responsible for maintaining the security of their account and password. Bitnet cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by parents or teachers).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

An upgrade from the FREE TRIAL plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All agreed upon invoices for the service must be paid within 14 days of the invoice emission. Failure to comply, shall result in the cancellation of the service.
If you opt for any paying plan, your billing cycle will start within 7 business days of the signup. Bitnet agrees that all setup (including graphical customization) shall be complete within this interval, and your account shall be accessible from a yourkindergarten.gradinet.com address.
If you opt for data entry, Bitnet agrees to process the request within 7 business days of receiving the required information.
Bitnet agrees to provide all data necessary for implementing the public areas of your existing web site and sub domain creation within 7 days after signup. Bitnet cannot and will not be responsible for any delays caused by your ISP, IT department or contractor in implementing the necessary actions.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
For any upgrade or downgrade in plan level, you will be charged the new rate on your next billing cycle.
30 day money back guarantee - if you request the 30 day money back guarantee, for Bitnet having failed to meet any condition under this paragraph, your full payment amount shall be reimbursed. Any other reason shall incur a 50€ tax, the full amount of the payment above this tax being reimbursed. This represents the time that Bitnet spent customizing your service and/or importing data. No reimbursement is available past the 30 day period.
You realize that the Gradinet application is used by other kindergartens, therefore the level of allowed customization is limited. You should check the customization examples available on the web site to decide if this level is suitable for you.

Cancellation and Termination

You are solely responsible for properly canceling your account. You can cancel your account at any time by contacting your account manager via email, or using the contact form available at http://www.gradinet.com/index/show/kindergarten/contact/. All cancellation requests shall be verified before implementation.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Bitnet, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Bitnet service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Bitnet reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Bitnet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Gradinet Site (www.gradinet.com) or the Service itself.
Bitnet shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
Bitnet does not pre-screen Content, but Bitnet and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via email.
You understand that Bitnet uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another web site so as to falsely imply that it is associated with the Service, Bitnet, or any other Bitnet service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Bitnet.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Bitnet customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage exceeds 1GB/month, or significantly exceeds the average bandwidth usage (as determined solely by Bitnet) of other Gradinet customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
Bitnet 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.
You expressly understand and agree that Bitnet 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 Bitnet has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Bitnet to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Bitnet and govern your use of the Service, superceding any prior agreements between you and Bitnet (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to support at gradinet dot com.