Terms of Service

This policy represents the Bithut Limited Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Bithut Limited customers agree to when they sign-up for any of the Bithut Limited Bitpos (Online Point Of Sale) services. Bithut Limited reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.

Customers using any services offered by Bithut Limited agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their Bitpos service with Bithut Limited. Bithut Limited retains the sole discretion to make judgment regarding any violation by any Bithut Limited customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.

General Provisions

In consideration for Bithut Limited maintaining one or more accounts (each “Account”), you, as the Bithut Limited customer, agree to the following terms of service.

Definitions

“We” “Us” or “Provider” or “Bithut Limited”

“You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.

Disclaimer of Warranty

The Internet and online SASS services relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.

Bithut Limited however, offers a 99.9% uptime guarantee. This is valid for only the Bithut Limited servers and our primary co-location internet connection. Bithut Limited shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, Bithut Limited is not responsible for any downtime caused by any provider’s hardware or network malfunction which is outside of Bithut Limited capability to directly correct.

BITHUT LIMITED MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Bithut Limited nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Bithut Limited, even if Bithut Limited has been advised to the possibility of such damages.

Limitation of Liability

IN NO EVENT SHALL BITHUT LIMITED BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF BITPOS CLIENT’S CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Bithut Limited. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Bithut Limited. SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Bithut Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Bithut Limited. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Bithut Limited FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, BITHUT LIMITED. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW

Indemnification

You agree to indemnify, defend and hold Bithut Limited and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Bithut Limited. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Bithut Limited. equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Bithut Limited. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Choice of Law

This Agreement shall be interpreted under the laws of the Bangladesh Government without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the Country. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

Services Provided By Bithut Limited

Bithut Limited will provide Bitpos a SASS model (Point fo Sale) Digital Service. Bithut Limited will also provide support to it’s clients through emails, chat and phones. By accepting your client contract agreement with Bithut Limited you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of Bithut Limited and any employee or contractor of Bithut Limited.

Bithut Limited will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at any time by following the instructions at the bottom of those e-mails.

Client Content

Client agrees that products, files and contents uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Bithut Limited or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Bithut Limited or any third party. Bithut Limited does not normally monitor the contents of clients data, however if suspicion occurs, Bithut Limited reserves the right to investigate and terminate the clients subscription to the service.

Backup Files

Bithut Limited provides the tools needed to create backups of account data. Bithut Limited also backs up its hosting platform and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Bithut Limited does not provide or keep records or copies of our clients account files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.

Payment Obligations

Full payment is required in advance before premium service is established. Bithut Limited sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.

You warrant and represent that the information you supply in the Order Form (or other information that Bithut Limited may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client’s responsibility to ensure that payment is made to Bithut Limited prior to the renewal date and although Bithut Limited sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Bithut Limited, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.

Bithut Limited may change its prices from time to time. Bithut Limited may increase fees for its services on its accounts or in a promotional offer and at any time on or after the expiration of the initial term by providing written notice to you. Written notice may be in the form of notices and updates provided through the account’s billing tool, notices and updates provided through the services and/or pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information by Bithut Limited through your account or other methods of communication and notices sent or posted by Bithut Limited.

Renewals

It is the obligation of the Bithut Limited’ customers to know when their account comes up for renewal and, if their intention is to non-renew their account, they must fill out the Bithut Limited cancellation form 5 business days prior to their account’s renewal date to ensure that the billing department can stop any renewal charges. Bithut Limited’ clients receive email notifications 15 days prior to the renewal date of their account, informing them that their renewal date is approaching. It is the customer’s responsibility to ensure that Bithut Limited has a valid email address for which notices can be sent to Bithut Limited’ clients. If Bithut Limited does not receive a cancellation request prior to the customer’s renewal, Bithut Limited will renew the clients’ account 24 hours prior to the renewal date, and will apply charges as appropriate. Accounts will be automatically renewed on the renewal date and be billed under the same fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). In the case of insufficient funds to charge such amount, you agree to allow Bithut Limited to place your account on a recurring payment plan, wherein we will collect a partial term quantity to avoid an interruption in service and to protect against accidental loss of intellectual property such as, but not limited to, account data etc. The 30-day free trial applies only to the start date of the clients’ service with Bithut Limited, and does not apply to renewals of service.

Currency

All prices listed are in US Dollars ($), for all services & server locations unless otherwise specified.

Cancellation & Refunds

Should you become dissatisfied with our services Bithut Limited will refund your subscription fee from next invoice. Refunds are not available for customers after the 15 days of paid account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including stored product data  and sale information.

Restoring data and files are the responsibility of the Bithut Limited customer and should a Bithut Limited customer decide to cancel their service it is the customer’s responsibility to make sure that they have downloaded the data and files from the bitPos account prior to requesting that Bithut Limited cancels their account. Once the cancellation request has been submitted to Bithut Limited a cancellation of the service may occur any time after the request is received by Bithut Limited and when a cancellation request is completed the client’s account with Bithut Limited and data and files are permanantly removed from the Bithut Limited servers. Therefore again it is the client’s obligation to ensure that they have downloaded their data and  files from the bitPos account prior to their cancellation request.