OnBaze Terms & Conditions
Terms & Conditions for Subscribers
- Terms & Condition
The following Terms and Conditions are exclusively an integral part of all contractual relationships with OnBaze for the services of promoting, advertising and marketing of the brands, products, services and online websites of individuals, businesses and nonprofit organizations with the contract client above (hereinafter referred to as “the Client”).
This agreement will be construed in accordance with and governed by the laws of the California, without regard to conflict of laws rules applied in the State of California. The parties hereto hereby consent to personal jurisdiction and venue exclusively in the State of California, County of San Diego, with respect to any action or proceeding relating to this Agreement.
This agreement, including and together with any related Statements of Work, exhibits, schedules, attachments and appendices, and similar, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
- Quotes & Rights
2. 1. OnBaze is not obliged to accept submissions. If a submission was made and OnBaze won’t accept the submission, the full amount of the payment will be refunded, and any reoccurring payments will be cancelled
2. 1. Employees, representatives or contractors of OnBaze are not entitled to make any agreements which differ from these terms or any other agreements, such as performance or quote agreements, guarantees or promises for any services, and similar. Amendments and deviating agreements require the written approval of the top management such as the managing partners, members of OnBaze, or the CEO.
- Client Obligations
3. 1. The Client shall respond promptly to any reasonable requests from OnBaze for instructions, information or approvals required by OnBaze to provide the services. The Client shall cooperate with OnBaze rovide the necessary information (e.g. logo, content, reviews) that are required to enable OnBaze to provide the services and take all steps necessary, including obtaining any required licenses or consents, to prevent the Client-caused delays in OnBaze’s provision of the services. If the Client does not cooperate partially or in full, which leads to an impairment of the services promised by OnBaze, this does not release the Client from payment obligations.
- Fees and Expenses
4. 1. Except for invoiced payments that the Client has successfully disputed, all late payments shall bear interest at the lesser of the rate of 5% per month, calculated daily and compounded monthly. The Client shall also reimburse OnBaze for all reasonable costs incurred in collecting any late payments, including, without limitation, attorneys’ fees, and bill collector’s fees. In addition to all other remedies available under this agreement or at law (which OnBaze does not waive by the exercise of any rights hereunder), OnBaze shall be entitled to suspend the provision of any services if the Client fails to pay any fees when due hereunder and such failure continues for 30 days following written notice thereof.
5. 1. OnBaze retains the rights to publish created media of any kind provided by the client.
5. 2. OnBaze reserves the right to modify the content of the Client in such a way that they meet the requirements set by OnBaze and support the Client’s objectives.
5. 3. OnBaze has no obligation to provide services. Without giving any reason OnBaze has the option to stop and/or abandon services overall at any time – including the modification and removal of links – in this case the Client completely relinquishes his right to any claims overall, including claims for damages. For already deployed and paid services, the Client has no right to a refund.
5. 4. Content production sections are provided by OnBaze as a service only if explicitly mentioned separately. Otherwise, content production such as writing and providing text/content is not included. Likewise, no e-commerce services are provided, such as the creation, programming, maintenance and/or modification of e-commerce sections (e.g. shops, shopping carts, buy-buttons etc.).
- Warranty, Guarantees, and Limitation of Liability
6. 1. Algorithms of search engines change continuously. Furthermore, search engines are subject to their own decision criteria, and OnBaze has no influence on this. The Client therefore takes note of this and is also informed of the risks that an exclusion (partially or fully) from search engines or any other external web resources can happen any time. OnBaze therefore assumes no liability or warranty if one or more websites or any of the web properties of the Client is/are excluded from one or more search engines. OnBaze scrupulously exploits all technical possibilities to prevent such exclusions.
6. 2. OnBaze cannot guarantee that third party services, such as web hosting services, search engines, search services, servers, computer codes work error-free or bug-free or free of interruptions. The Client agrees that OnBaze shall have no liability for any interruptions or errors. Such errors or interruptions, bugs or even system failures, which are the cause or defects of third parties, lie outside the services of OnBaze.
6. 3. The Client acknowledges and accepts that websites may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or/and trojan horses, updates, or the like. The Client agrees that OnBaze shall have no liability for any damage or loss. The Client further acknowledges and agrees that it is solely responsible for backing-up its media and content.
6.4. OnBaze does not guarantee results or provides any timeframes according to which success is measurable, as OnBaze has no influence on the processes of the search engines.
6.5. In no event shall OnBaze be liable to the client or to any third party for any loss of use, revenue, or profit or loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special, or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not OnBaze has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
6.6. In no event shall OnBaze’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence).
6. 7. OnBaze is not liable for copyright disputes overall. OnBaze makes efforts to avoid copyright disputes by diligently checking the rights and licenses of media (e. g. images, videos, music, including text). Ultimately, however, the Client must ensure that all media and content used are properly licensed. OnBaze performs all work on behalf of the Client and is in principle not responsible and cannot be held liable for licenses or other copyright matters, disputes or similar.
- Term, and Termination
7. 1. This Agreement shall commence as of the Client’s Submission Date and shall continue thereafter until the completion of the services, unless sooner terminated pursuant to Section 7. 2 or Section 7. 3.
7. 2. Either Party may terminate this Agreement, effective upon written notice to the other Party (the “Defaulting Party”), if the Defaulting Party:
(a) Becomes insolvent or admits its inability to pay its debts generally as they become due.
(b) Becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law.
(c) Is dissolved or liquidated or takes any corporate action for such purpose.
(d) Makes a general assignment for the benefit of creditors.
7. 3. Notwithstanding anything to the contrary in Section 7.2, OnBaze may terminate this Agreement before the expiration date of the Term on written notice if the Client fails to pay any amount when due hereunder: and such failure continues for 30 days after the Client’s receipt of written notice of nonpayment.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Successors, Assigns & Relationship
9. 1. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns
9. 2. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties.
- Force Majeure
OnBaze shall not be liable or responsible to the Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of OnBaze including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of fifteen days, the Client shall be entitled to give notice in writing to OnBaze to terminate this Agreement.
Terms & Condition for Website Users Overall
The mission of OnBaze is to provide valuable information to connect businesses such as buyers and sellers. We achieve our goals by selecting and listing companies (or individual business owners) to assist our website’s visitors in their search for an appropriate company. We also assist businesses to get their profiles listed on OnBaze to be able market their business successfully.
The term company means all entries on OnBaze. This may include entries of other organizations as well as individuals. By using the OnBaze website in any manner, such as retrieving and submitting information (i.e. by filling out forms), conduct research for any kind of purpose, contributing to the website by sending us any kind of information such as files, content, images and the like, you agree to be bind by these terms
- Copyright & Intellectual Property
Technologies, databases/data/entries, images, content, and media on this website are protected by copyright, trademark, and other laws in the United States and other countries. The following terms do not allow you to use intellectual protected property, such as images, text, logos, and databases. We do not allow our sites to be crawled by organizations other than publicly accessible search engines such as Google, Bing, and Yahoo.
- Listing of Companies
OnBaze lists companies on specific pages. The order of listing is done by the OnBaze editorial staff. OnBaze assumes no liability and offers no guarantees for quality, the findability and correctness of the listed companies. The listing and positions of the entries are an editorial selection and are not based on the success, quality, size or other preferences, also the order of the listings does not represent quality, succes, size or similar. The lists do not claim to be complete. OnBaze has the right to change and remove listed entries including their positions at any time. In addition, neither OnBaze nor the companies listed (companies / agencies / individuals, etc.) guarantee that the information provided is complete, current or error-free. Comparative or superlatives that are used to describe organizations merely reflect the opinion of the editorial staff and should be understood as the of freedom of speech, opinion, and expression. They do not refer to comparisons or come from empirical or qualitative studies. Listings on OnBaze can be sponsored.
- Purpose of OnBaze
OnBaze fulfills two tasks. OnBaze is, among other things, a service for searchers. And OnBaze is, among other things, a service for companies. Our task is to bring both parties together, the searcher and the company. And when we say company, we mean any organization that is listed on our website providing services or products, also considering people and other forms of organizations. For this purpose, you as a searcher have the opportunity to contact companies through OnBaze. We want to keep this data transfer as transparent as possible and that’s why in the next paragraphs we will describe exactly how the storage and transmission of your personal data takes place. In addition, even after you have made the transfer by clicking the submit-button, you may request your data to be deleted from our databases at any time. Please note the point “Deleting your data on request” below.
Submitting Your Data to OnBaze
- Unacceptable Use
1.1. You agree not to send any form of advertisement, promotion, or spam to agencies. You acknowledge that OnBaze uses spam filtering methods and will not deliver your message if it contains such content. This also contains any methods of communication that has been altered or or disguised not to be revealed as such.
1.2. You are not allowed to crawl our website for the purpose to collect business data or use our agency and location database for the purpose of creating a database of your own based on our data.
- Acceptable Use
OnBaze takes over the transfer of your data to companies and organizations, so that you get the best possible result such as an appropriate response from one or more companies. Basically, OnBaze does not store any personal data of you, unless you actively transfer your data by completing the forms. Apart from that, OnBaze will never automatically store any of your personal information.
The transmission of the data to companies is illustrated by the following example: As soon as you transfer your data via the contact or any other form form, OnBaze will store this data in a protected and secured area in highly secured servers. In principle, we will not disclose your data unless you expressly agree to it by submitting the data to us through a form on OnBaze. By sending your data to OnBaze, you expressly consent to the disclosure of your data by voluntarily transferring the data to OnBaze. We then pass on this data to the companies. That means we need to cache as in storing/saving your data in our database before we pass that data on to selected companies or to a selected company. By submitting the form, you express your wish that your data should be transferred to a selected company or selected companies, so you can get the best possible outcome. Once you submit your inquiry to us, our goal is to take actions to forward your inquiry to companies. By doing so, we set contact the companies and also actively pursue and check whether the companies actually contact you back. This way, we keep our database with companies at a high quality to ensure that you get contacted. If we find out that despite your request and wish to be contacted by a company or more companies, the company or the companies have not contacted you, we intend to place these companies on our list on lower positions or even remove them altogether from our list. As the quality of our database is very important to us, we cannot allow ourselves to maintain company lists that are not willing to provide you a proper response according to your query or request to be contacted. When you transfer your data to OnBaze, you give us the right and your unequivocal permission to share your information with companies so that they can contact you. If companies fail to respond after one or more contact requests, OnBaze’s business model is designed to stop sending contact requests to companies and remove them from our listings if necessary. In this way, we want to make sure that your data is only sent to companies that are also interested in answering and contacting you. By transferring your data to us through the existing forms on OnBaze, you understand that we are not keeping a list which companies have been contacted with your inquiry. For example, you as a user make a selection of preferred companies you wish to send your data and inquiry using forms on OnBaze. OnBaze does not maintain a list of these companies you contact, as well as other eligible companies to which your request has been forwarded. Therefore, by transferring your data, you also suspend the right to demand from OnBaze to which companies your data has been forwarded.
Deleting Your Data on Request
- Removal Request
You have the right to request the deletion of your data at any time, even after you have sent the contact form. Write an email to firstname.lastname@example.org and provide your details, so we know which data to remove. Within 7 days we will then delete your personal data from our database. Data already transferred to third party companies can’t be deleted or removed since it’s not in our power and we have no control over the data of other entities.
- Disallow Indexation
In its foundation, OnBaze works much like a search engine. Our crawler indexes companies’ websites and adds them in their database. We also crawl images of websites. You can technically disallow crawling your content by making an entry in your Robots Exclusion file. In this case, put a disallow on “onbaze” and we will no longer crawl your website in our directory.