In the context of this Agreement, the following definitions shall apply:
The terms "We," "Us," "Vnox" and "Our" shall refer to Vnox Ltd., its subsidiaries, and any authorized agents.
The term "Service Provider" shall be construed to refer to third-party entities engaged by Vnox, commonly referred to as data centers, responsible for providing upstream services.
The term "Terms of Service" shall signify this document, inclusive of all stipulations, conditions, and provisions herein.
The term "Billing System" shall be defined as any software or platform employed for the administration and processing of payments related to services rendered between the Client and Vnox.
This document constitutes a binding legal contract between Vnox and the Client/User.
By accessing, utilizing, or engaging with any part of Vnox’s website, services, or software, the Client/User is deemed to have assented to and accepted the Terms of Service in full.
Non-compliance or breach of any stipulations set forth in this document shall be deemed a material breach of this Agreement, and Vnox reserves the right to pursue all legal remedies available to it under applicable law.
1.1 Store Owner
The individual who registers for our service to establish a store shall be recognized as the store owner. If you are registering on behalf of another person, you must have prior authorization to do so, as this action binds them to the terms of this contract. It is mandatory to use the email address of the individual on whose behalf you are registering. MonoBill permits only one owner per store.
1.2 Staff Accounts
MonoBill permits the addition of multiple administrators based on the pricing plans. The addition of store administrators is the responsibility of the store owner. You are obligated to ensure that all individuals utilizing staff accounts consent to these Terms of Service. They are subject to and bound by these terms, and any violation of this contract may result in the suspension or termination of services. Vnox shall not be held liable for any damages arising from the actions of individuals added as additional accounts to your store.
1.3 Account Security
You are responsible for maintaining the security of your account. It is strongly advised to use long, complex passwords and refrain from storing them in easily accessible locations. Vnox bears no responsibility for any account losses or damages resulting from breaches of account security attributable to your actions or negligence.
1.4 Prohibition of Tampering
You agree not to alter or manipulate Vnox's software to gain unauthorized access to elevated privileges on the platform or to modify your account in ways not originally permitted. Any such unauthorized actions will lead to immediate termination of your account. Additionally, you may be held liable for damages resulting from such tampering, including but not limited to costs associated with restoring system integrity and compensating for any losses incurred by Vnox or third parties.
2.1 Service Provision
Vnox reserves the right to provide services to anyone, including your competitors. Employees, contractors, or associates of Vnox may also engage in selling activities on the MonoBill platform. However, they are expressly prohibited from using any confidential information obtained through their association with Vnox for personal gain or competitive advantage.
2.2 Platform Features
Vnox reserves the right to modify, remove, or add features to the MonoBill platform at any time, with or without prior notice. These modifications may be made to enhance functionality, improve user experience, comply with legal requirements, or for any other reason deemed necessary by Vnox.
2.3 Feedback and Suggestions
If you provide feedback or suggestions to Vnox regarding the MonoBill platform, you acknowledge that Vnox may use this feedback or suggestions without any obligation to compensate you. This includes implementing changes, enhancements, or additions to the platform based on such feedback.
2.4 Content Removal
Vnox reserves the right to remove any uploaded content that you add to the MonoBill platform if it violates these Terms of Service, infringes upon intellectual property rights, or is otherwise deemed inappropriate or unlawful. Vnox may exercise this right at its discretion and without prior notice to you.
2.5 Account Validation
Vnox reserves the right to validate account ownership, as well as proof of address and citizenship, as part of its account management procedures. This validation process may include requesting additional documentation or information from you to verify your identity. Vnox also reserves the right to transfer account ownership to the rightful owner as necessary, to ensure compliance with security protocols and legal requirements.
3.1 Accepting Payments from Customers
By utilizing MonoBill as your ecommerce platform, you explicitly agree to exclusively accept payments through the MonoBill checkout interface. Failure to adhere to this requirement constitutes a breach of this contract.
3.2 Payment Compliance
All payments processed through MonoBill must comply with applicable laws and regulations. Vnox reserves the right to suspend or terminate services if payments are found to violate legal requirements or if fraudulent activity is suspected.
3.2 Transactions and Disputes
You acknowledge that MonoBill is not a marketplace, and any transactions between you and your customers are solely between the parties involved. Any disputes or legal proceedings arising from these transactions are the responsibility of the parties involved. Vnox shall not be liable for any issues or claims arising from these transactions.
3.3 Store Information and Policies
You agree to maintain basic contact information for yourself or your business on your online store. If you engage in sales, you are required to display and maintain a refund policy, privacy policy, shipping or delivery policy, and terms and conditions on your store.
3.4 Content Management
You are solely responsible for all content within your store, including but not limited to images, products, services, customer data, installed themes, marketing materials, shipping information, and settings. You are expected to independently manage and maintain these aspects of your store. While Vnox may provide support for using these features, ultimate responsibility for their management lies with you.
3.5 Theme Maintenance
It is your responsibility to ensure that your installed themes are regularly updated with theme updates provided by Vnox. This ensures that your store functions as intended and remains compatible with the latest platform enhancements.
3.6 Customer Relations and Support
You are responsible for maintaining customer relationships and providing adequate support for products and services offered through your store. Vnox does not assume responsibility for managing customer interactions or providing customer support services.
3.7 Non-Exhaustive Responsibilities
Vnox is not obligated to perform any tasks outlined above, as these responsibilities are exclusively yours or those of your business. This includes, but is not limited to, content management, theme updates, and customer support activities.
4.1 Definition of Confidential Information
Confidential information, as used in these Terms of Service, encompasses any non-public information pertaining to a party's business. This includes, but is not limited to, product designs, business plans, unpublished financial information, customer data, pricing lists, sales figures, costs, marketing strategies or data, and any other proprietary information. Confidential information of Vnox specifically refers to any information disclosed to you by Vnox through any means that is not publicly available.
4.2 Obligations of Confidentiality
Both Vnox and the client agree that any confidential information shared between them shall remain strictly confidential and shall only be used to facilitate and enhance their business relationship. Both parties further agree to take reasonable steps to safeguard their own confidential information from unauthorized disclosure or use. Confidential information shall not be considered confidential if the receiving party can demonstrate that such information: (a) was already in the public domain at the time of disclosure or subsequently becomes publicly available through no fault of the receiving party; or (b) was independently developed by the receiving party without reference to or use of the disclosing party's confidential information, or in breach of these Terms of Service.
5.1 Ownership and License
Vnox acknowledges that you retain full ownership of all content uploaded to the MonoBill platform. By uploading any content, you grant Vnox a royalty-free, transferable, sublicensable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content worldwide. This license enables Vnox to utilize your content for promotional and marketing purposes on any platform, including but not limited to television, social media, and radio, without requiring further consent from you. You affirm that you possess all necessary rights, licenses, and permissions to grant Vnox the aforementioned license for the content uploaded.
5.2 Continuation of License
Upon granting this license to Vnox, even if you terminate your services with Vnox, Vnox retains the rights granted under Section 5.1 to continue using the licensed content for the purposes specified therein.
5.3 Use of Logos and Trademarks
Furthermore, you grant Vnox a non-exclusive license to use any logos, trademarks, service marks, or other branding associated with your store for the purposes outlined in Section 5.1. This license allows Vnox to incorporate your branding into promotional and marketing materials across various platforms, facilitating the promotion of your store and the services provided through MonoBill.
6.1 Respect for Privacy
Vnox is committed to respecting the privacy of its Clients and website visitors. The practices and procedures regarding the collection, use, and disclosure of personal information are comprehensively detailed in our Privacy Policy.
6.2 Accessibility of Privacy Policy
The Privacy Policy is made readily accessible on every page of our website via a link located in the footer section. For full details, the Privacy Policy can be reviewed and downloaded at the following URL: https://monobill.com/legal/privacy.
7.1 Client Responsibility
The Client acknowledges and accepts full responsibility for all data stored on, or manipulated through, any and all services provided by Vnox that facilitate data storage or data manipulation.
7.2 Data Retention and Deletion:
Suspension: In the event of a service suspension, Vnox may retain data associated with the affected services for a period determined by Vnox’s policies.
Termination or Cancellation: Upon termination or cancellation of a service by the Client, all data associated with the terminated or cancelled service may be irreversibly deleted. The Client acknowledges and agrees that cancellation or termination of a service may result in the complete and permanent loss of data.
8.1 Prohibition of Illegal Use
The services provided by Vnox shall not be utilized for any illegal purposes or in support of any illegal activities. This encompasses all activities that are unlawful under applicable local, national, or international laws.
8.2 Cooperation with Legal Authorities
Vnox reserves the right to fully cooperate with legal authorities in the investigation of any suspected criminal or civil wrongdoing. Any material or activity that is deemed illegal under the laws of Anguilla or any other jurisdiction in which our servers are located is strictly prohibited from being hosted on our servers.
8.3 Prohibition on Transmission, Distribution, or Storage of Prohibited Material
The transmission, distribution, or storage of any material in violation of applicable laws or regulations is strictly prohibited. This includes, but is not limited to, material that is protected by copyright, trademark, trade secret, or any other intellectual property rights, unless the proper authorization has been obtained. Furthermore, any material that is obscene, defamatory, or constitutes an illegal threat is also prohibited.
8.4 Prohibited Content and Grounds for Account Termination
Accounts may be terminated if they contain or provide links to the following types of content:
Material that is grossly offensive, including but not limited to expressions of prejudice, racism, or hatred towards Vnox employees or any other individuals or groups.
Content that promotes or provides instructional information regarding illegal activities or encourages physical harm or injury to any group or individual.
Material that exploits minors under the age of 18 in any manner.
Acts of copyright infringement, including but not limited to, the offering of pirated computer programs or links to such programs, the distribution of information used to bypass manufacturer-installed copy protection devices (such as serial or registration numbers for software programs), or any utilities designed for cracking software protection mechanisms.
Vnox adheres strictly to the Digital Millennium Copyright Act (DMCA) takedown procedures.
If it is believed that any content on the MonoBill platform infringes upon somone's intellectual property rights, please promptly notify us by opening a support ticket. This can be done by submitting a ticket to the legal department on our support ticket portal.
If a DMCA takedown notice is filed against content hosted on your store, the following steps will be taken:
Investigation and Ticket Opening: Vnox will initiate an investigation upon receipt of the DMCA takedown report. A support ticket will be opened regarding the reported material notifying the store owner.
Temporary Removal of Material: Vnox reserves the right to temporarily remove the allegedly infringing material from your store pending resolution of the DMCA claim.
Counter Notification Process: If you file a counter notification asserting that you have the rights to the material in question, Vnox will notify the complainant. The complainant will then have 14 business days to obtain a court order confirming their claim of intellectual property rights over the material. Failure to obtain such an order within this timeframe will result in Vnox restoring the removed material.
Final Determination: Vnox will assess the validity of the DMCA claim and the counter notification based on applicable laws and regulations. Decisions regarding the restoration or permanent removal of the material will be made in accordance with the DMCA guidelines and legal advice.
Liability: Vnox bears no responsibility or liability for damages arising from the temporary removal or restoration of material pursuant to DMCA takedown procedures, provided such actions are taken in good faith and in accordance with applicable laws.
10.1 Bandwidth Usage
Vnox does not impose specific limits on bandwidth usage; however, any misuse of services resulting in excessive bandwidth consumption or any use unrelated to ecommerce or commercial activities may result in the suspension or termination of services.
10.2 Liability for Excessive Bandwidth Usage
The Client shall be liable for any costs incurred due to misuse or abuse of bandwidth. Such costs shall be billed to the responsible Client.
11.1 Submission of Support Requests
All requests for support must be submitted exclusively through the billing system. Submission through this system verifies and certifies the authenticity of the request as originating from the Client.
11.2 Limitations on Support Channels
Vnox reserves the right to refuse support requests submitted via any channels not linked to the authenticated billing system, including, but not limited to, telephone calls, emails, live chat, social media, or any other unverified communication methods. Such channels lack the necessary protocols to adequately confirm the identity and ownership of the account holder.
To maintain security and service integrity, Vnox will employ additional verification procedures to confirm the identity of individuals requesting support through methods outside the authenticated billing system. These procedures may include, but are not limited to, the solicitation of supplementary information or other identity verification techniques.
12.1 Maintenance of Payment Method
The Client agrees to maintain an updated credit card on file with sufficient funds to cover all fees associated with their services provided by Vnox.
12.2 Fee Disclosure
All fees associated with the Client’s services are detailed and accessible within the billing menu of MonoBill. The Client is responsible for reviewing these fees.
12.3 Payment Schedule
Payment for all services is due on the first day of each month. The Client must ensure timely payment to avoid service interruptions.
12.4 Proration Policy
Vnox offers proration of payments solely for applications and upgrades to store plans. This proration is subject to a minimum fee of $5.00 USD. Fees for themes are non-prorated, as they are classified as one-time payments.
12.5 Refund Policy
Vnox maintains a strict no-refund policy.
12.6 Pre-Pay Basis and Price Changes
All services are activated on a pre-pay basis. Pricing is guaranteed for the duration of the prepayment term. Vnox reserves the right to modify prices at any time unless otherwise stipulated in a written agreement.
12.7 Responsibility for Fees
The Client is responsible for all fees owed on the account from the time it is established until Vnox receives a termination request as per the designated procedure.
12.8 Chargebacks and Invalid Payments
Vnox reserves the right to charge the Client $50.00 USD for each credit card chargeback or invalid cheque received in relation to payments made.
12.9 Late Payments
Payments not made by the due date are considered late. The Client is obligated to pay a late fee equivalent to 25% of the total invoice amount for each calendar week that the payment remains outstanding until terminated. If payment remains overdue for two consecutive calendar weeks, the service will be suspended. Should the payment remain outstanding after an additional two calendar weeks of suspension, the service will be deemed abandoned and terminated. The Client remains liable for all outstanding charges, including late fees, related to the service.
13.1 Termination Rights
Vnox reserves the absolute right to cancel, suspend, or terminate any service at its discretion, at any time, and for any reason. The Client acknowledges that any violation of Vnox’s policies resulting in additional costs shall obligate the Client to pay such costs.
13.2 Service Termination Procedure
The Client must initiate any service cancellation through the designated cancellation form available within the Billing System. This formal procedure is mandatory, and any cancellation requests submitted via phone, live support, or email shall not be recognized as valid or accepted.
Upon cancellation, all outstanding fees owed up to the date of cancellation become immediately due and payable in full.
14.1 Accuracy of Billing Information
You agree that all billing information provided during checkout is accurate, up-to-date, and legally permissible. Any inaccuracies or suspicious information discovered may lead to the suspension or termination of your account, with or without prior notice.
14.2 Prohibition of Fraudulent Activity
Our services and software must not be used for any fraudulent purposes or activities. This includes, but is not limited to, unauthorized access, unauthorized transactions, identity theft, or any form of financial fraud. Engaging in such activities will result in immediate termination of services and may lead to legal action.
14.3 Reporting Fraudulent Activity
If you suspect or become aware of any fraudulent activity involving your account or our services, you are obligated to report it to Vnox immediately. Failure to report such activity may result in liability for any damages incurred.
15.1 Unauthorized Access
Clients shall not use the Vnox network in an attempt to circumvent user authentication or security measures of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Client, logging into a server or account without express authorization, password cracking, probing the security of other networks to identify vulnerabilities, or violating any organization's security policies.
15.2 Denial of Service
Clients may not engage in activities that interfere with or deny service to any user, host, or network. Prohibited activities include, but are not limited to, flooding, spamming, conducting Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks, or any deliberate attempt to overload or crash any host or network.
15.3 Cooperation with Investigations
Vnox will fully cooperate with investigations into violations of system or network security, including collaboration with law enforcement authorities to investigate suspected criminal activities. Clients who violate system or network security may be subject to criminal or civil liability.
16.1 Definition and Application
Vnox shall be absolved of liability to the Client in cases where the execution of our obligations under these terms is wholly or partially prevented due to Force Majeure. Force Majeure events include, but are not limited to, natural disasters (such as earthquakes, typhoons, floods, and fires), acts of war, terrorism, civil unrest, government actions, strikes, and any other unforeseen and uncontrollable events beyond our reasonable control. Vnox shall undertake all necessary and reasonable measures to mitigate the effects of such events.
16.2 Consequences of Force Majeure
During a Force Majeure event, Vnox reserves the right to suspend, delay, or modify the performance of our obligations under these terms as deemed necessary. We shall promptly notify the Client of any Force Majeure event that impacts our ability to fulfill contractual obligations. Any delay or non-performance resulting from Force Majeure shall not constitute a breach of contract, and Vnox shall not be liable for any damages or losses incurred by the Client as a result thereof.
16.3 Resumption of Services
Upon the conclusion or cessation of the Force Majeure event, Vnox will make commercially reasonable efforts to resume normal operations and fulfill our obligations under these terms as soon as practicable.
17.1 Exclusion of Damages
Vnox shall not be liable for any damages suffered by you or your business. We make no warranties of any kind, whether expressed or implied, for the services we provide. This includes, but is not limited to, losses of data resulting from delays, non-deliveries, incorrect delivery, or any service interruptions caused by our service providers, Vnox, or its employees.
17.2 Indemnification
You agree to indemnify, defend, and hold harmless Vnox and its directors, officers, employees, agents, and affiliates (collectively, "the parties") from and against any liability, damage, loss, or expense, including reasonable attorneys' fees and expenses, incurred by or imposed upon the parties in connection with claims, suits, actions, demands, or judgments directly or indirectly related to or arising from a breach of your representations, warranties, or obligations under this agreement.
17.3 Limitation of Damages
To the maximum extent permitted by applicable law, Vnox shall not be liable for any lost profits, costs of procurement of substitute goods or services, damages for the inability to use equipment or access data, business interruption, or any other indirect, special, incidental, punitive, or consequential damages arising out of or in connection with this agreement, even if Vnox has been advised of the possibility of such damages.
17.4 Right to Terminate
Vnox reserves the right to terminate, suspend, block, or cancel any client account or service at any time. Clients acknowledge that changes made to the Terms of Service or any Vnox policy do not entitle them to a refund, early contract termination, or exemption from payment for any service provided by Vnox
17.5 Survival of Terms
This Section 17 (Limitation of Liability) shall survive any termination or expiration of this agreement.
18.1 Headings
Headings are included for the convenience of the parties and shall not affect the interpretation of this Agreement.
18.2 Singular and Plural
Words in the singular include the plural, and vice versa.
18.3 Severability
If any term, covenant, condition, or provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the parties intend that such provision be modified by the court to the extent necessary to make it reasonable and enforceable. The validity of the remaining provisions of this agreement shall not be affected.
18.4 Policy Revisions
Vnox reserves the right to revise our policies at any time. Changes to our policies will be communicated via email at least 30 days prior to the effective date of the change, unless immediate action is necessary to prevent abuse of our services under these terms or to comply with specific legal requirements within a shorter timeframe. The revision date will be updated on this page.