We start every new subscriber relationship with a contract. The following contract spells out what you can expect from us and what we expect from you. If you agree to what you read below, you should click “Yes” at the end of the contract to acknowledge that you have agreed. We intend this to be the legal equivalent of your signature on a written contract and equally binding. Only by clicking “yes” will you be able to access and use the services available on this website.
Your access to the various services available on Bidio.ai’s site depends on the level of subscription you select. You should review the Registration Form before signing up for any services to make certain all information is correct before submitting it to Bidio.ai. It is your responsibility to keep us up to date with any information that has changed. Please note the following:
You may elect to change your subscription access or discontinue your account at any time by writing an email to firstname.lastname@example.org however early termination within the first 12 months will result in a pro-rata exit fee calculation. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.
Bidio shall ensure the services available on our website are compatible with a computer, mobile telephone or handheld device solely for internal business operations only. Bidio.ai shall host the Service and may update the functionality, user interface, usability and other user documentation, training and educational information of, and relating to the Service from time to time.
Unless permitted by law or as otherwise expressly permitted in these Terms, you must not (nor may you authorise any third person to):
By signing this agreement, you acknowledge that all intellectual property of any sort in or associated with the Service, including all code, libraries, programs, software, documentation, content, databases, systems, logos and trademarks are owned directly by us.
You need to register for an account in order to access or receive any of our Services. Any registration information that you provide to us must be accurate, current and complete. You must also update your information so that we may send notices, statements and other information to you by email or through your account. You are responsible for all actions taken through your accounts.
To activate your account, you must complete the online registration page located on at www.bidio.ai which contains details of:
Services are provided on a subscription basis and will automatically renew unless you cancel your subscription in writing to email@example.com. If you cancel, your subscription will terminate at the end of then-current billing cycle, but you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination. If Bidio.ai does not want the Services to renew, then it will provide you written notice to this effect. This notice of non renewal will be effective upon the conclusion of the then current Term.
You agree to pay all Fees in accordance with your Online Subscription Form. Unless otherwise specified in your Online Form, you will pay all amounts in Australian currency. All amounts are non-refundable, non-cancellable and non-creditable.
Fees for Orders where you are paying with a credit card, debit card or other non-invoice form of payment are due the month prior to which you received the Services. For credit cards, or debit cards, as applicable:
Where we issue an invoice for payment rather than direct debit, payment shall be due fourteen (14) days after the invoice date, and shall be considered overdue after such date. We may enable other forms of payment by making them available on the Site. These other forms of payment may be subject to additional terms which you may have to accept prior using the additional forms of payment. You will be responsible for all reasonable expenses (including legal or collection fees) incurred by us in collecting such delinquent amounts, except where such overdue amounts are due to our billing inaccuracies. You will have thirty days to pay overdue Fees. If you do not pay overdue Fees within thirty days, we will automatically suspend your use of the Service. The duration of this suspension will be until you pay all outstanding Fees.
If you have a monthly billing plan or an annual billing plan commitment, we will continue to charge you Fees during suspension for non-payment and you must pay all outstanding Fees in order to resume use of the Services. If you remain suspended for non-payment for more than sixty days, we may terminate this Agreement.
You may specify one administrator who will have password protected rights to access administrative account(s) for the purposes of administering the Services and to administer all additional Users permitted to use the Service and who have established an End User Account.
You are responsible for:
The administrator may have the ability to access, monitor, use, or disclose data available to End Users within the End User Accounts. You will obtain and maintain all required consents from End Users to allow: (i) your access, monitoring, use and disclosure of this data and Bidio.ai providing you with the ability to do so and (ii) Bidio.ai to provide the Services.
You are responsible for responding to a request from a third party for records relating to an End User’s use of the Service. Third Party Requests can be a lawful search warrant, court order, subpoena, other valid legal order, or written consent from the End User permitting the disclosure.
We will, to the extent allowed by law and by the terms of the Third Party Request:
If you are registered on a monthly billing plan or an annual billing plan and/or are paying Fees for the Service, the Service will be operational and available to you at least 99.9% of the time in any calendar month.
By using the Service, you acknowledge that it is your sole responsibility to ensure the confidentiality and security of any information transmitted from or stored on a Device for the purposes of the Service, for all transactions and other activities in the End User’s name, whether authorized or unauthorized. You understand that use of the Service involves transmission of your data over networks that are not owned, operated or controlled by us, and we are not responsible for any of your data lost, altered, intercepted or stored across such networks.
We cannot guarantee that our security procedures will be error-free, that transmissions of your data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers.
When you use the Service, any data, templates, information, content, code, video, images or other materials of any type you enter remains confidential to you unless you choose to share any Materials with Bidio.ai and/or other users. When you choose to publicly share content, including Materials that you upload, submit or otherwise transmit to or through Service or the Site, or with us.
Except as expressly stated in this Agreement, we do not make any representation or warranty (express or implied) in respect of the Services, any Materials or any other goods or services provided by Bidio.ai to you, including, without limitation, any implied warranty:
Without limiting the above, you acknowledge that:
To the maximum extent permitted by law, we exclude completely all liability whatsoever for any claims, liability, loss or damage of any kind however caused (including negligence) arising out of or in connection with any goods or services provided by us including the Service and its access, use or performance, including, without limitation, we are not liable for:
To the maximum extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to supply of the good or service ordered by you again or paying for their resupply. Notwithstanding the above, to the maximum extent permitted by law, in no event shall our aggregate liability for any claims arising out of or related to these Terms exceed the amount that you paid, if any, to us for access to or use of the Service during the twelve (12) months immediately prior to the event giving rise to such liability.
You agree to indemnify Bidio.ai and its related parties, officers, agents and employees (Indemnified Parties) in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis) arising from or relating to: (i) your use of the Service or any Materials; (ii) a breach of these Terms by you; and (iii) your breach of any applicable law.
This Agreement is in effect for the Term, unless sooner terminated as permitted in these Terms. Either party may terminate this Agreement before the expiration of the Term if the other party materially breaches any of these Terms and does not cure the breach within thirty (30) days after written notice of the breach, or if the other party ceases to operate, declares bankruptcy, or becomes insolvent or otherwise unable to meet its financial obligations. We may terminate this Agreement before the expiration of the Term if you are in material breach of these Terms more than two times during the Term notwithstanding any cure of such breaches or if you remain suspended at any time for non-payment of Fees for more than sixty days.
You may terminate this Agreement at any time with notice to Bidio.ai, but you will not be entitled to any credits or refunds as a result of convenience termination for prepaid but unused Services or subscription Fees.
These Terms are governed by the laws of all states of Australia and the parties agree to submit to the exclusive jurisdiction of the courts.
If any provision of these Terms is held to be invalid, illegal, or unenforceable that provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable and the remainder of the Terms shall be construed in a manner as to give greatest effect to the original intention of these Terms. The waiver of any right or failure of either of us to exercise in any respect any right provided in these Terms in any instance shall not be deemed to be a waiver of such right in the future or a waiver of any right under these Terms. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and internet disturbance) that was beyond the party’s reasonable control.
Your use of any website or software that is not provided by us to access or download the Service shall be governed by the terms and conditions applicable to that website or software. We are not responsible for any consequences resulting from the use of such website or software, including but not limited to any damage to your property, including your Device, or the transfer of any computer virus or similar malicious code, except to the extent such consequences are caused by the Service. Any notices to you may either be posted on the Site or given in writing (which may be by email) to the address last notified by you to Bidio.ai. Any notices to Bidio.ai, and any questions, concerns or complaints relating to the Service shall be in writing and addressed to: Enquiry Officer, Bidio.ai, email to: firstname.lastname@example.org
You agree to use your best endeavours to resolve any dispute arising out of or relating to these Terms, with us, prior to resorting to any external dispute resolution process. Please notify us in writing of any dispute you may have. This Agreement, and any rights and licenses granted hereunder, must not be transferred or assigned by you without our prior express written consent.
We may, without restriction, assign this Agreement and our rights and delegate our obligations hereunderto: