Terms of Service

By signing up to Banatic.com you acknowledge that you have read, understood and agree to be bound by the Terms of Service.

YOUR ACCOUNT

To register for Banatic and create an account, you must complete the registration process by providing with complete and accurate information as prompted by the registration form, including e-mail address (username) and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify Banatic.com immediately of any unauthorized use of your account or any other breach of security.

From time to time, Banatic may find it necessary to access your account. For instance, Banatic may access your account for support, maintenance or security-related reasons. In such event, Banatic will, if possible, provide you notice of its intent to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access.

BANATIC SCRIPT

Subject to the terms and conditions of this Agreement, Banatic hereby grants you a revocable, non-exclusive, non-transferable license to include the Banatic-provided java script (together with any fixes, updates and upgrades provided to you, the "Banatic-Script") in the HTML code for web page(s) that are properly registered for Service with Banatic and owned by you, solely for the purpose of accessing the Service and information available from the Service with respect to such web page(s); and you may remotely access the Service to view and download your reports stored on the Banatic website located at banatic.com
Except as expressly set forth herein, you shall not (i) use, reproduce, modify or create derivative works of the Banatic Script, or (ii) transfer, lease, lend, sublicense, use for timesharing or service bureau purposes, resell or otherwise distribute or allow third party access to all or any portion of the Banatic Script or Service, including, but not limited to, by sharing your access username and/or password.

PRICING

As a condition of your use of and access to the Service, you agree to pay all applicable fees as described on the Banatic website or inside your Banatic account.

Payment, Refunds, Upgrading and Downgrading Terms

1. You get 30 days free trial from the day you create a Banatic account. After the 30 days you will be billed on a monthly basis unless you cancel the account within the 30 days.

2. Monthly plans. Our charges for monthly plans are posted on Banatic.com and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the "Pay Date"). If you go over your sending limit and reach another pricing level, then you'll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.

3. For any upgrade or downgrade in plan level, you will be asked to perform the payment with your credit card and you will be charged automatically with the new rate and billing cycle.

4. If you downgrade your Service may cause the loss of Content, features, or capacity of your Account. Banatic does not accept any liability for such loss.

ACCOUNT CANCELATION

1. You can cancel your account anytime under “My account”. Notice that all your data will be deleted once you cancel your account. You have the option to export all collected email subscribers before cancelation.

2. 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 for the next billing cycle.

Modifications to the Service and Prices

1. Banatic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). All our customers will be notified beforehand if such will occur.

2. Prices of all Services are subject to change.

3. Banatic shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

INFORMATION RIGHTS

You have the exclusive right to use all data derived by your use of the Service, including reports, for any purpose related to your business and you shall retain ownership of all confidential information and statistics relating to your website, such as raw data and log files generated by the Service.
Notwithstanding the foregoing, in connection with the provision of the Service, Banatic: (i) may collect certain non-personally identifiable information about users of your website and (ii) may aggregate data derived from your use of the Service to compile aggregate statistics, metrics and general trend data about the Service for marketing and promotional purposes.

SERVICE LEVELS

Banatic does not guarantee, and shall have no liability for, any Service down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond Banatics control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Banatic or your servers are located or co-located.

LIMITATION OF LIABILITY

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE. BANATIC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR WITHOUT DELAY. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE. BANATIC SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF BANATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. BANATIC IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MODIFICATIONS TO TERMS OF SERVICE

Banatic reserves the right to update and change the Terms of Service from time to time without notice. Any new features or enhancements to the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.