Terms

Updated: April 20th of 2020

Terms of Service

Welcome to EasyBuilder.Pro website building platform! EasyBuilder.Pro provides online website building and web hosting services to clients worldwide. Our responsibility is to protect each client and to provide the best services available. EACH VISITOR MUST READ AND AGREE TO OUR TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THEM, PLEASE, LEAVE THE EASYBUILDER.PRO WEBSITE AND DISCONTINUE USE OF ANY SERVICES OFFERED IMMEDIATELY. All clients who use our services are subject to the following Terms of Service:

Definitions of Concepts and Expressions
1. Company refers to Kontaras UAB, the company registered in Vilnius, Lithuania, the sole proprietor of Easybuilder.Pro online platform.
2. Online Platform refers to Internet-based application environment controlled by Company and identified by the domain name easybuilder.pro.
3. Services shall mean all kinds of digital online services to be delivered by Company to its customers by means of Online Platform.
4. Service Plan refers to a specific pre-defined customizable configuration of Services provided to Customer based on Customer’s order, which can be placed on the Online Platform. Company provides all necessary information to determine the scope, duration, pricing and limitations of each Service Plan.
5. Trial Service Plan is a type of the Service Plan provided to the customer on a temporary basis with intent of providing information and demonstrating benefits of Online Platform.
6. EasyBuilder.Pro is used by Company as the brand name to offer its Services on the market, and, wherever the context allows, the Internet domain name of the Online Platform used for providing these Services.
7. Customer refers to any individual or organization with legal capacity that, directly or through its agents, accesses and/or uses Online Services for its own or third party’s benefit.
8. User refers to a person or a group using an individual set of access credentials to access Online services on own behalf or on behalf of another Customer. For clarity, it is understood that a single person can be accessing Services as multiple different Users.
9. You has the same meaning as „Customer“.
10. Customer Support refers to additional service provided to Customers with applicable service plans that includes user support over a number of communication lines.
11. Confidential Information is the information provided by the Customer to the Company that requires protection from third-party access, except in special cases defined in these Terms. It includes:
  1. Personal name, address, e-mail and other identifying or demographic information about the Customer or the user;
  2. Logon credentials;
  3. Source code of the hosted content;
12. Payment details (such as account or credit card numbers), history of financial transactions.
Services Provided
1. The Company provides Services to individuals and companies (hereinafter referred to as Customers) that are legally allowed to make contracts. These Services are provided via a dedicated Web-based online application(s) (hereinafter referred to as Online Platform) that are provisioned to signed-up Customers on the basis of this agreement.
2. By signing-up to any Service package/plan provided via the Online Platform, on a free-of-charge or paid basis, You agree to the scope, pricing, acceptable use policies and other requirements provided to You on the website https://www.easybuilder.pro. All service plans are time-limited and will expire after the period defined in the description of the service plan, unless specified by Company otherwise.
3. The Company reserves the right to change contents of the scope, pricing, acceptable use policies or other requirements at its sole discretion by updating the information on its website https://www.easybuilder.pro. The new edition of such documentation comes into effect at the date of publication or at the announced effective date, if such is provided.
4. At expiration of the active service plan, paid or free-of-charge, without a purchased Extension or Change of Plan (see below), the Customer account is suspended automatically, which means partial or complete reduction of Service features available to the Customer. Suspension can be revoked by purchasing an extension or upgrade to the expired Service Plan.
5. The Customer with an active or suspended Service Plan can order an Extension or Change of Service Plan.
  1. By choosing Extension, the Customer agrees to the terms of the current Service Plan for another period, which starts at expiration of the current Service Plan (for active Customers) or immediately (for suspended customers).
  2. By Change of Plan, the Customer can choose:
  3. An Upgrade, i.e., a new Service Plan with additional or improved features vs the current Service Plan, if such a Service Plan is offered;
  4. A Downgrade, i.e., a new Service Plan with fewer or limited features against the current Service Plan, if such a paid Service Plan is offered. The Customer agrees and understands that by choosing this option, he/she may impair functionality or availability of the websites that have already been published, and agrees not to keep Company liable for this impairment.
6. The Change of Plan is issued for a chosen period, which starts immediately at ordering. The Customer is not reimbursed for unused subscription time prior to Change of Plan.
7. Trial Service Plans cannot be extended, and paid Services cannot be downgraded to the Trial Service Plan.
8. The Company reserves the right if necessary to change or/and remove any features or service plans on Company’s own behalf without a prior notice.
Billing, Cancellation and Refund Policy
1. Wherever payment for Customer‘s service plan is required as per Terms and Conditions for that service plan, charging for services is performed on the pre-paid subscription basis. The service plan is activated no sooner than the Customer‘s payment for the subscription is received.
2. Customers may cancel their paid subscription at any time by contacting Customer Support services via channels provided by Company. The customer might be required to confirm the cancellation request by an alternative contact channel, before the cancellation is processed by Company.
3. After the account is canceled, no further billing on the account will be made. All files, settings and any other information related to the subscriber account will be removed from EasyBuilder.Pro servers.
4. Company shall provide a full refund of the payment, if the Service ordered was not rendered in line with its design, intent, and/or these Terms, which led to the customer being unable to use the Services advertised, provided that the complaint and request for refund has been raised within 2 years from the order. Loss of ability to use Service after the account was suspended due to content or AUP violation is not refunded under any circumstances.
5. Company does not provide any refund to Customers for the ordered service plan, if the Customer or any user operating on its behalf has logged on to the Online Platform under the service plan in question at least once, regardless of intent or consequences, provided the Online Platform was operating in line with these Terms and its design.
Payment Policy
1. Company shall not be held liable to provide any service without a full up-front payment as per advertised commercial conditions, unless this has been stipulated in a separate agreement between the Company and the Customer.
2. You can pay for Services by using payment methods advertised by Company in Your country, which may or may not include: cash, credit/debit cards, PayPal® and other payment gateways.
3. Company shall not be held responsible for any issues arising from unsuccessful payment transactions using third party banking/ money exchange services. If a payment on a client account is marked as fraudulent (such payments are reversed on the payment gateway), then Company reserves the full right to stop any service provided to the Customer (including other accounts and other payments submitted by the same client) until the issues with the payment are solved. If the Customer refuses to solve issues with the payment which is marked as fraudulent, Company reserves the full right to delete all accounts and stop payment subscriptions provided to the client without any refund for security reasons.
Online Access Policy
1. As a means of access to Services, all Customers are provided online credentials for every Users at Sign-Up process, which is verified by means of the verification e-mail addressed provided by the User. For all intents and purposes, the Customer shall certify and the Company will assume that:
  1. The Users accessing Services on behalf of the Customer have exclusive and secure access to access credentials at all times;
  2. The Users accessing Services on behalf of the Customer have exclusive and secure access to verification e-mail mailbox at all times;
  3. The Users accessing Services on behalf of the Customer are not using access passwords used to access Services for any third-party systems or environments that could lead to compromising security of access credentials;
  4. All Users who were registered on behalf of the Customer continue to represent this Customer at all times, or their accounts have been deactivated at Customer‘s request.
2. The Customer is solely liable for providing correct User information at Signup, which includes:
  1. Name and Surname of the User;
  2. Verification e-mail address;
  3. If applicable, the organization-based Customer the user is acting on behalf of;
  4. If applicable, Customer‘s address of residence.
3. EasyBuilder.Pro will assume all information provided as per 5.2 is provided correctly and may use this information to contact the Customer/User if such need arises.
4. Recovery of lost credentials:
  1. In the event of loss of User password, the password recovery process is available that enables a change of password by sending recovery URL to the verification e-mail address provided by User at Signup.
  2. In the event when the User reports that password recovery has been unsuccessful for any reason, the Company shall make reasonable attempts with tools at its discretion for identification and verification of the User. However, the Company reserves the right to decline further access to the account if the outcome of additional identification and verification was unsuccessful.
5. You are responsible for maintaining the security of your account and website(s), for all activities and actions taken under the account or in connection with the web site. You agree to immediately notify the Customer Support of any unauthorized uses of the account or any other breaches of security. Customer acknowledges and accepts this Online Access policy and agrees not to bring any claim of a lawsuit against Company arising out of loss of confidentiality, integrity or availability of information provided to the Company in process of providing Online Services. Company will not be held liable for any damage or liability that may arise out of the above.
6. Under no condition the Company shall not request User access passwords by e-mail, phone or any other communication channel that is not a part of normal logon process. Likewise, the Company shall not honor any requests to provide credentials for existing users except in cases where it is legally bound to provide this information to law enforcement institutions, as applicable in the respective jurisdiction.
Data Privacy and Confidentiality
1. The Company policy towards protecting personal data of its customers and commitment to honour applicable laws and regulations is determined in EasyBuilder.Pro Data Protection Statement for Customers. By agreeing to these Terms of Service, you certify that you have read, understood, and agreed with Data Protection Statement.
2. The purpose of Services provided by Company is to support its Customers in sharing and distributing information. You agree that for any information provided by the Customer that is not included in the definition of Confidential Information, the Company shall be allowed to share this information with its partners and public within limits defined by Data Protection Statement, as well as applicable EU and national laws.
3. The Company shall not share Confidential Information with any third parties that are not related to the Company, with notable exceptions:
  1. Government business. The Company shall respond to court orders or other legal proceedings, where provision of personal data or information marked as Confidential is required and is allowed by EU General Data Protection Regulation. Where this is legally allowed, Company shall inform You about these proceedings and the nature of the request.
  2. Payment processing. Some Customer information will be shared with Company’s payment processing partners in order to enable payment process and meet regulatory or proprietary “know-your-customer” standards that could be set in place by these partners.
  3. Marketing information. If the Customer has provided consent to share personal information for marketing purposes, the Company shall be allowed to share demographic, contact or activity-based information with these partners with a purpose of providing the Customer services, products and advertising from these third parties.
  4. Notwithstanding above, at no event, except for where it is legally required, shall the Company share logon credentials, source code or a history of financial transactions of the customer with any third parties.
Acceptable Use Policy
1. Resource Use
  
  The Company offers a limited amount of resources for providing Service through its Online Platform (disk drive space, processing capacity, bandwidth, et cetera). This means that easybuilder.pro will set a specific cap for these resources and client will be able to use these resources based on the service plan they have chosen. easybuilder.pro reserves a right to change service plan limits and prices for this plan when needed.
2. Data Backup Waiver
  
  There is no automatic backup facility for data uploaded by Customers through their use of Online Platform, and the risk of data loss, albeit small, cannot be eradicated completely, and Company shall not be liable for any loss of information stored on its servers. Users should use facilities provided to back up their data manually on a regular basis.
3. Illegal Activities
  
  All Services provided by the Company may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any International, European Union, United States Federal, State or City law is prohibited. This includes, but is not limited to: distribution of promotion of sharing of copyrighted material, inciting of hate, prejudice or violation of any common rights of any group of people, human trafficking, money laundering, terrorism, state secrets, or material protected by trade secret and other statute. The Customer agrees to indemnify and hold harmless the Company and its employees from any claims resulting from the use of the service, which may damage or damages the Company or any other party. Offending content or users are suspended from using our Services, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you have reasonable suspicion that content of your site may violate these Terms Of Service or applicable legislation, you are required to inform Customer Support or remove the violating content at first opportunity.
4. Inappropriate Content
  
  Customer agrees not to use Online Platform in any way to distribute the content considered inappropriate for use by the Company, regardless of its legality in any applicable jurisdiction: Any content that is or can be used to cause violence to any group of people, directly or indirectly, such as guidance about development or use of offensive warfare; Any information that may have been illegally produced or acquired (such as commercial secrets or personal data), regardless of the way Customer has obtained it. Any form of adult content that is not appropriate to minors; Misrepresentation of the true ownership of the content in any shape or form, including, but not limited to: disguising as a third party, claiming of false affiliation to a third party, claiming to provide products and services of a third party without proper consent, or falsifying information provided to Company at its request; Any content that distributes disparaging or harmful information about the Company, its owners, management or employees. The Company reserves the right to determine what constitutes the breach of Inappropriate Content restrictions. The Customer will bear the duty to prove legality of the sources for its content if challenged by the Company. If this proof is found insufficient, the Company can suspend the site with offending content immediately. The Customer who owns the website takes full responsibility for the whole content of this website and all actions that are performed on the respectable account. He/She also takes full responsibility for all the damages or losses that may arise from his/her account content or actions performed by scripts on his/her account.
5. Other Prohibited Activity
  As a Customer/User of Online Platform, you are prohibited from the following activities that compromise integrity of the Services and can cause harm to Company or its Customers, regardless of legality of these activities in any applicable jurisdiction:
  - Unsolicited mass communication by e-mail, social media or other channels, or supporting such communication, such as: acting as a spam relay, trading or sharing databases of personal contact data or credentials of third parties;
  - Phishing, identity theft and other illegal collection of third party security credentials or personal data, whether by introducing malicious software or manually;
  - Impersonation or misrepresentation as EasyBuilder.Pro affiliate or a third party, whether explicit or implied;
  - Posting, uploading or otherwise transmitting any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;
  - Interference with operation, security features or source code of the Online Platform in any way that would disrupt delivery of Services to other Customers or otherwise harm the Company, including, but not limited to: circumventing or weakening access control features, disassembling or reverse-engineering the source code of Online Platform,
  - Selling, reselling or otherwise commercially exploiting user’s access to Online Platform or the right to view or access any content.
  Execution of any of the prohibited activities will lead to non-refundable deactivation of the account of the User responsible, as well as legal action against him/her as found appropriate, including informing law enforcement authorities should these activities are considered illegal.
6. Reporting of Offenses
  
  You agree to report any abusive or illegal content posted on Online Platform. The Company shall handle any abuse report with the highest priority and interest.
Limitation of Warranty and Liability
1. Nothing in these Terms of Service excludes or limits liability of the Company for death or personal injury, dishonesty, fraudulent misrepresentation, statutory rights of the Customer that cannot be waived or limited by contract or otherwise to the extent permitted by applicable law. Subject to above:
2. Company shall not be responsible for any claimed damages, including incidental and consequential damages which may arise from EasyBuilder.Pro services going off-line or being unavailable for any reason whatsoever. Furthermore, EasyBuilder.Pro shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from EasyBuilder.Pro servers. All complaints will be investigated promptly.
3. As the Company has no control over the user websites and resources, it shall not be held liable for any content, advertising, products, or other materials on or available on hosted sites. Customers agree to take full and undivided responsibility and liability for any content, functionality and performance of their owned websites. The Company shall swiftly refer any claims or damages related to individual websites to owners of those websites.
4. Company shall not be responsible for any changes in services provided by a third-party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a third-party provider. Company will show the highest interest to make sure that the services provided by a third-party are running smoothly and correctly, and will also contact the third-party provider when changes or fixes are needed; however, the time needed for any fix or alteration will not be decided by Company and Company will not be held liable for any fixes or alterations to be performed on a product provided by a third-party in a definite time frame.
Indemnification
1. You agree that you shall defend, indemnify, save and hold Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold Company harmless against liabilities arising out of: any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with any of Company’s services. Company reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers and to prevent damage to Company’s services or infrastructure, as well as remove any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party. The Company shall be the sole judge of what violates this Policy.