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Terms of Service

**LAST UPDATED MARCH 1, 2014**

CHANGES

These terms are subject to change without notice.

SERVICES

HOSTED WEBSITES AND E-COMMERCE

* Bionic Entrepreneur Incorporated provides a hosted service in order to provide the highest quality support. We do not release code unless it is developed specifically for the client and the client terminates their subscription with Bionic Entrepreneur Incorporated. In the event of service termination by either the client or Bionic Entrepreneur Incorporated, the client will receive a file of all exported data in the site database and any custom themes (interface) or modules (functionality) developed specifically for the client.

The service subscription includes UPDATES to the CMS software running the site. These updates provide security enhancements, bug fixes and occasionally feature improvements. The service also includes unlimited web based support for questions and technical issues (via http://BionicCentral.com), as well as bug fixes in code or configuration.

**UPDATES vs UPGRADES

The Content Management System is constantly being refined and improved. Occasionally a new version of the system is released. If the latest version of the software is Version 6.12. An UPDATE to this version of the system would bring it to Version 6.13, then 6.14, etc.

An UPGRADE would constitute a full version change from 6.x to the future 7.x version. Because full version UPGRADES include changes to the inner workings of the system and many feature enhancements, converting a site from one version to the next can be a complex and labour intensive process, depending on the complexity of the site. Therefore, UPGRADES are billable, whereas UPDATES are small refinements to the current version and are included in your service subscription.

UPGRADES ARE OPTIONAL

We maintain and support the latest TWO stable versions. Currently 6.x and 7.x. As version 8.x becomes stable, new developments will be on that version and all version 6.x sites will be brought to the final UPDATE level. It’s recommended that sites are UPGRADED after that point.

SOFTWARE DEVELOPMENT

  • Software code commissioned or sponsored for release to the general public or a private organization, must have clearly defined scope. 
  • A non-refundable deposit is required prior to engagement in the development process.
  • Operating Code will be available for testing in a development environment to all necessary parties, for the purpose of vetting and approving the product.
  • Source Code will be released after the balance of the development fee is paid.
  • By paying the remainder of the development fee and receiving the Source Code, the client or sponsor confirms the completion and closure of the project.
  • Code is released without warrantee or promise of future maintenance, unless otherwise defined in the scope of the project.
  • Extension modules or Plug-ins for Open Source projects that are to be released, will be released under the license preferred by the particular Open Source project.

LIABILITY

HOSTED SERVICES

Bionic Entrepreneur Incorporated will strive to keep its services running reliably but Bionic Entrepreneur Incorporated will not be held responsible for any losses you may incur through their use. If you are a business, you should ensure that you have adequate business insurance, and we recommend you contact an insurance agent or broker. As a customer of Bionic Entrepreneur Incorporated, you agree to indemnify, defend and hold harmless Bionic Entrepreneur Incorporated, its officers, directors, employees, affiliates, or resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) that may arise from your use of our services. Unless specifically addressed and mutually agreed to within a service level agreement or security plan, Bionic Entrepreneur Incorporated will not cover you for any losses due to hacker attacks, denial of service attacks or other criminal activities. If your business relies on your Web site for commercial purposes, it is your responsibility to ensure that you have proper business insurance coverage. If server(s) owned by the customer are colocated within our data center, it is your responsibility to ensure that you have proper business insurance coverage for your server(s). As a customer of Bionic Entrepreneur Incorporated, you agree that you are responsible for any content you provide via your Web site, and it is your sole responsibility to ensure that it does not infringe upon any existing trademark or copyrighted material.

SOFTWARE DEVELOPMENT

Commissioned or Sponsored software developed by Bionic Entrepreneur Incorporated will be made available for testing and approval prior to the release of Source Code.  Bionic Entrepreneur Incorporated will not be held responsible for any damage or loss due to the use of Commissioned or Sponsored software.  As a customer of Bionic Entrepreneur Incorporated, you agree to indemnify, defend and hold harmless Bionic Entrepreneur Incorporated, its officers, directors, employees, affiliates, or resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) that may arise from your use of the software.