Categories

Terms and Conditions / Privacy Policy

Terms and Conditions

Bigcommerce, Inc. and BigCommerce Pty. Ltd. ("BigCommerce") provides a collection of tools

and resources to manage an online store, process orders and sell products online and other

services (collectively, the " Services"). The following are the terms and conditions for use of the

Services (the " Terms"), along with any amendments thereto and any operating rules or policies

that may be published from time to time by BigCommerce. You agree that you have read and

understand, and have the capacity and authority to accept, agree to and be bound by these Terms.

1. Service and Terms

1. The Services are provided subject to these Terms and any operating rules or

policies that BigCommerce may publish from time to time (collectively, the "

Agreement"). BigCommerce may make changes or modifications to this

Agreement at any time, and such changes or modifications are effective

immediately upon the earliest of (a) BigCommerce’s email notification to you

advising you of such changes or modifications, (b) your electronic acceptance of

this Agreement after such changes or modifications have been made to this

Agreement as indicated by the "Date of Last Revision" date at the top of the

Terms, or (c) your continued use of the Services after BigCommerce posts the

updated Agreement to bigcommerce.com. In addition, when using particular

BigCommerce services, Customer and BigCommerce will be subject to any

posted guidelines or rules applicable to such Services that may be posted from

time to time.

2. Customer will be one party to this contract. For Customers resident in the United

States, BigCommerce, Inc. will be the other contracting party. For all other

Customers (non-residents of the United States), BigCommerce Pty. Ltd. will be

the other contracting party.

3. The Services are available only to persons who can form legally binding contracts

under applicable law. Without limiting the foregoing, the Services are not

available to individuals under the age of 18. If you do not qualify, please do not

use the Services.

4. The Services provides a collection of tools and resources to manage an online

store, process orders and sell products online. In addition, the Services may

include migration services relating to your use of the BigCommerce's tools and

resources.

5. Customer must complete a registration form in order to use the Services.

Customer will provide true, accurate, current, and complete information about

Customer as requested in the registration form, and will update the information to

keep it current. As part of the registration process, Customer will identify an

email address and password for Customer's BigCommerce account. Customer is

responsible for maintaining the security of Customer's account, passwords, and

files, and for all uses of Customer's account and of the Services in Customer's

name. BigCommerce reserves the right to refuse registration of, or cancel,

accounts it deems inappropriate.

6. BigCommerce acknowledges that BigCommerce is responsible for the security of

credit cardholder data to the extent that BigCommerce has control of that data. To

that end, BigCommerce undertakes regular assessments consistent with the

Payment Card Industry Data Security Standards. Customer acknowledges that

Customer is responsible for determining the PCI DSS merchant requirements

applicable to the Customer and Customer's unique use of the BigCommerce

platform and tools.

2. Restrictions and Responsibilities

1. This is an Agreement for Services, and Customer is not granted a license to any

2. Customer represents, covenants, and warrants that Customer will use the Services

3. For every email message sent in connection with the Services, Customer

4. In using the varied features of the Services, Customer may provide information

5. Customer acknowledges and agrees that: (a) the Services including without

software by this Agreement. Customer will not, directly or indirectly: reverse

engineer, decompile, disassemble, or otherwise attempt to discover the source

code, object code, or underlying structure, ideas, or algorithms of or included in

the Services or any software, documentation or data related to the Services ("

Software"); modify, translate or create derivative works based on the Services or

any Software; or copy (except for archival purposes), distribute, pledge, assign or

otherwise transfer or encumber rights to the Services or any Software; use the

Services or any Software for timesharing or service bureau purposes or otherwise

for the benefit of a third party; or remove any proprietary notices or labels.

only in compliance with these Terms, BigCommerce's published privacy policies

or otherwise furnished to Customer (the " Privacy Policy ") and all applicable

laws (including but not limited to policies and laws related to spamming, privacy,

obscenity, or defamation). Customer may not access or otherwise use third party

mailing lists in connection with preparing or distributing unsolicited email to any

third party. Customer hereby agrees to indemnify and hold harmless

BigCommerce and its Content Providers and the respective directors, officers,

employees and agents of each against any damages, losses, liabilities, settlements,

and expenses (including without limitation costs and reasonable attorneys' fees) in

connection with any claim or action that arises from an alleged violation of the

foregoing. Although BigCommerce has no obligation to monitor the content

provided by Customer or Customer’s use of the Services, BigCommerce may do

so and may remove any such content or prohibit any use of the Services it

believes may be (or alleged to be) in violation of the foregoing.

acknowledges and agrees that the recipient has agreed to receive such

communication and that Customer will not engage in the act of sending

unsolicited emails.

(such as name, contact information, or other registration information) to

BigCommerce. BigCommerce may use this information and any technical

information about Customer's use of this website to tailor its presentations to

Customer, facilitate Customer's movement through this website, or communicate

separately with Customer. BigCommerce will not provide information to

companies Customer has not authorized, and BigCommerce will not authorize the

companies that get such information to sell and redistribute it without Customer’s

prior consent.

limitation, any modifications, enhancements and updates, and any originals and

6. BigCommerce Trademarks. "BigCommerce" and our logos (both words and

7. Reservation of Rights. Except for the rights expressly granted to Customer

copies thereof, in whole or in part, and all intellectual property rights therein

(collectively, " Proprietary Information") are owned by BigCommerce and/or

its third party sponsors, partners, and other co-branders (collectively, " Content

Providers"), (b) the Proprietary Information contains valuable copyrighted

material and is protected by U.S. and international copyright and other intellectual

property laws, (c) the Proprietary Information is licensed, rather than sold, to

Customer pursuant to these Terms, and (d) Customer has no rights in the

Proprietary Information, other than the rights and licenses granted to Customer

herein.

design) either are trademarks, service marks, or registered trademarks of

BigCommerce or its Content Providers, and may not be copied, imitated or used,

in whole or in part without BigCommerce's prior express written consent or that

of our Content Providers. In addition, all page headers, custom graphics, design

and user interface elements, and scripts are service marks, trademarks, and/or

trade dress of BigCommerce and may not be copied, imitated, or used, in whole

or in part without our prior written permission, which consent may be withheld in

our sole discretion. All other marks or logos not owned by BigCommerce are the

property of their respective owners.

pursuant to these Services, Customer acknowledges that it has no right, title or

interest in or to this website, the Services or Proprietary Information. All rights

not expressly granted by BigCommerce in these Terms are hereby reserved by

BigCommerce. There are no implied rights.

3. Term and Termination

1. Customer may terminate this Agreement at any time. To learn more about how to

2. BigCommerce may terminate this Agreement or the Services at any time with or

3. Upon termination or expiration of this Agreement by either party for any reason,

4. Upon termination or expiration of this Agreement by either party for any reason,

terminate this Agreement, please click here . See also Section 7 below (Fees and

Payment; Upgrade, Downgrade and Cancellation of Services) for more

information regarding termination of this Agreement or related Services.

without cause, and with or without notice. BigCommerce will have no liability to

Customer or any third party because of such termination.

(a) BigCommerce will cease providing the Services, (b) you will not be entitled to

any refunds of any usage fees or any other fees, pro rata or otherwise and (c) any

outstanding balance owed to BigCommerce for your usage of the Services

through the effective date of such termination or expiration will immediately

become due and payable in full. All sections of this Agreement which by their

nature should survive termination will survive termination, including, without

limitation, warranty disclaimers and limitations of liability.

BigCommerce may delete any Customer archived data within 30 days after the

date of termination.

4. Disputes Regarding Account or Site Ownership

1. The entity or person creating a BigCommerce account and designated as the

owner will be deemed the account owner. For security reasons, only the account

2. If multiple persons are claiming ownership of or rights in a site, store or account,

owner or the point of contact designated by the account owner will be allowed to

make changes, cancellations, or designate a new point of contact. Disputes

sometimes arise between or among multiple persons claiming ownership of or

rights in a site, store or account. BigCommerce is not obligated to, and will not,

resolve any such disputes.

and, in BigCommerce's sole judgment, there is uncertainty as to the ownership of

or rights in such site, store or account, then BigCommerce will, to the extent of its

knowledge and ability, notify such persons of the dispute and demand that such

persons promptly, conclusively, and finally resolve the dispute in a manner which

makes clear who the owner(s) and/or interest holder(s) is/are and in a manner

which relieves BigCommerce of all liability and obligations concerning the

dispute and such site, store or account. If the disputing persons fail to resolve the

dispute within what BigCommerce, in its sole judgment, deems to be a reasonable

time, then BigCommerce, at its sole option and without any obligation to do so,

may suspend or terminate the account until such persons resolve such dispute and

reach certainty regarding ownership of or rights in such website, store and/or

account. The person or persons conclusively and finally determined by court

order, binding arbitration or settlement agreement to be the rightful owner(s) or

interest holder(s) of such website, store and/or account will be obligated to pay all

amounts due and comply with the then current BigCommerce policy regarding

transfers of accounts, if required, to transfer ownership of the site, store and/or

account to the rightful owner. Failure of the rightful owner of such site, store

and/or account to timely pay in full all of such amounts will be deemed a breach

of these Terms and will subject the account to immediate termination.

5. Customer's Name and Trademarks; Customer Feedback; Customer Submissions

1. Name and Trademarks. Customer hereby grants BigCommerce a non-exclusive

2. Customer Voluntary Suggestions. Some of the features of this website or the

right and license to use Customer’s name and such of Customer’s trade names,

trademarks, service marks and logos ("Customer’s Marks") as are used by

Customer on Customer’s hosted sites in connection with this Agreement, and

images and publically-facing information about Customer on Customer’s hosted

sites including, but not limited to, screenshots of Customer’s hosted sites and

associated photographs appearing on Customer’s hosted sites ("Customer Public

Information and Images"): (a) on BigCommerce's own websites describing and

promoting BigCommerce's Services, (b) in printed and online advertising,

publicity, directories, newsletters and updates describing and promoting

BigCommerce's Services, and (c) in applications reasonably necessary and

ancillary to the foregoing. Customer (i) represents and warrants to BigCommerce

that Customer has all necessary rights to grant BigCommerce the foregoing rights,

and (ii) agrees that neither Customer nor anyone else will be entitled to any

compensation for BigCommerce's exercise of the foregoing rights.

Services found at this website may allow Customer to view, post, publish, share,

store, or manage (a) ideas, opinions, recommendations, feedback or advice ("

Customer Feedback"), or (b) literary, artistic or other content, including but not

limited to photos and videos (" Customer Submissions") (Customer Feedback

together with Customer Submissions, " Customer Voluntary Suggestions"). By

providing Customer Voluntary Suggestions to BigCommerce via any method (e.g.

site submission, email, survey responses, etc.), Customer represents and warrants

to BigCommerce that (i) Customer has all necessary rights to distribute Customer

Voluntary Suggestions via this website or via the Services found at this website,

either because Customer is the author of the Customer Voluntary Suggestions and

has the right to distribute the same, or because Customer has the appropriate

distribution rights, licenses and/or permissions to use, in writing, from the

copyright or other owner of the Customer Voluntary Suggestions, and (ii)

Customer does not violate the rights of any third party by providing the Customer

Voluntary Suggestions.

3. License to BigCommerce. BigCommerce will have the right to use and disclose

any Customer Voluntary Suggestions posted to BigCommerce's corporate

websites or submitted directly to BigCommerce for any lawful purpose. In no

event will Customer or anyone else be entitled to any compensation or

acknowledgement for BigCommerce's use of any Customer Voluntary

Suggestions. Customer's provision of Customer Voluntary Suggestions is entirely

voluntary and will not create any confidentiality obligation for BigCommerce. By

submitting Customer Voluntary Suggestions, Customer hereby grants

BigCommerce an irrevocable, perpetual, transferable, non-exclusive, fully-paid-

up, royalty-free, worldwide license (sublicensable through multiple tiers) to: (a)

use, copy, distribute, reproduce, modify, create derivative works of, adapt,

publish, translate, publicly perform, and publicly display Customer Voluntary

Suggestions (or any modification thereto), in whole or in part, in any format,

medium or application now known or later developed, and (b) use (and permit

others to use) Customer Voluntary Suggestions in any manner and for any

purpose (including, but not limited to, commercial purposes) that BigCommerce

deems appropriate in its sole discretion (including, but not limited to, to

incorporating Customer Voluntary Suggestions (or any modification thereto), in

whole or in part, into any technology, product or service. The provisions in this

Section apply specifically to BigCommerce's use of Customer Voluntary

Suggestions posted to BigCommerce's corporate websites or submitted directly to

BigCommerce, and not to Customer’s hosted sites. Customer will be solely

responsible for any and all of the Customer Voluntary Suggestions that are

submitted through Customer’s account, and the consequences of, and

requirements for, distributing it.

4. Discussion Areas. BigCommerce makes no representations or warranties with

respect to any forums, blogs, private messages, emails, or other electronic

discussion mediums made available on or via the Services (collectively, "

Discussion Areas") or with respect to any messages, information, or materials

contained in the Discussion Areas. Customer's use of, or reliance upon, any such

messages, information, or materials is at Customer's sole risk and expense.

BigCommerce does not, and cannot, review all of the information and materials

provided in the Discussion Areas and has no responsibility or liability for any

such information or materials or their use. If BigCommerce becomes aware of any

information or materials that it determines violate these Terms or the Discussion

Areas' policies promulgated by BigCommerce from time to time or that

BigCommerce otherwise deems inappropriate in its sole discretion, BigCommerce

reserves the right to delete, move, or edit any such information or materials.

6. Export of Services or Technical Data

1. Customer may not remove or export from Australia or the United States or allow

the export or re-export of the Services, or any direct product thereof, including

technical data, in violation of any restrictions, laws, or regulations of Australia,

the United States or any other applicable country.

7. Fees and Payment; Upgrade, Downgrade and Cancellation of Services

1. Fees. In consideration of the Services provided, Customer will pay BigCommerce

2. Taxes. All fees are exclusive of all federal, state, and/or other governmental sales,

3. Billing Policies and Cycles. All billing invoices and payment notifications will

4. Payment. A valid credit card is required for accounts to process payment.

5. Unpaid Accounts. Unpaid amounts are subject to a late payment charge of 1.5%

6. Disputed Charges/Billing Inquiries. It is Customer's obligation to review all

all fees due according to the prices and terms listed on this website.

BigCommerce reserves the right to modify its pricing and terms at any time, and

such changes or modifications will be posted on this website and effective

immediately upon the next renewal, billing period, upgrade or downgrade of the

Services with and/or without notice to Customer. All payments are NON-

REFUNDABLE.

goods and services, value-added, harmonized or other taxes, fees or charges.

Customer shall be responsible for all sales, goods and services, value-added,

harmonized or other taxes, fees or charges.

be maintained directly in Customer's Account Portal. The billing cycle begins on

the day Customer converts to a paid store (the "Billing Date") and is due on that

day each month, partial year or year thereafter, depending on the Service plan

selected and billing terms for individual Services. Billing related to the purchase

of SSLs or Domains are billed once these products/services have been purchased

by Customer.

BigCommerce will automatically charge Customer's credit card on file based on

Customer's billing cycle (monthly, partial yearly or yearly, depending on the

Services selected and billing terms for individual Services) until Customer validly

terminates the Services. Fees for prepaid Services are based on Services

purchased, regardless of actual usage and payments made for such Services are

NON-REFUNDABLE. BIGCOMMERCE DOES NOT PROVIDE REFUNDS

OR CREDITS FOR ANY PARTIAL DAYS, MONTHS OR YEARS AND

DOES NOT PROVIDE REFUNDS TO CUSTOMERS WHO DO NOT USE

THEIR ACCOUNTS OR LOG IN.

per month, or the maximum legal rate allowed by law, whichever is less. If

payment is not received within 30 calendar days of the billing date, BigCommerce

will automatically revoke access to Customer's account. BigCommerce may or

may not contact Customer directly to notify Customer of its unpaid account.

Accounts past due over 90 days will automatically be deactivated.

charges for accuracy. Customer has 30 days from the date of billing to contact

BigCommerce and/or dispute the charge. Failure to do so within the specified

time frame will constitute Customer's agreement that all charges are valid and

Customer thereby waives any claims it may have had regarding such charge.

7. Upgrades. Should Customer elect to upgrade its prepaid Services or if such

Services are automatically upgraded pursuant to the last sentence of this Section

7.7, the Billing Date of the next renewal period will remain the same; however,

Customer will be billed immediately for the pro-rata portion of the upgraded

Services fee for the remainder of the current billing period. For example, if a

month-to- month customer is billed on October 9th for monthly prepaid Services

from October 9th to November 8th, and such Customer’s account is upgraded

effective on October 30th, then such Customer will be charged immediately for

the pro-rata usage of the upgraded plan from October 30th to November 8th. On

November 9th such Customer will be charged for the full monthly fee amount of

the upgraded plan.

8. Downgrades. Should Customer elect to downgrade its prepaid Services, the

downgrade will take effect on the commencement of the next renewal period. In

other words, BigCommerce DOES NOT provide credits or refunds on

downgrades that are effective during the applicable billing period (whether such

period is a month, quarter or year). For example, if a month-to- month customer is

billed on October 9th for prepaid Services from October 9th to November 8th and

such customer downgrades the prepaid Services effective on October 30th, then

the downgrade will take effect on the next billing date, i.e. November 9th.

9. BigCommerce Analytics. Payments for the BigCommerce Analytics Service are

made in arrears and are based on Customer's store order volume. Should

Customer add the BigCommerce Analytics Service, Customer will be billed for

that Service on the monthly anniversary of Customer's Billing Date, regardless of

the Service plan selected for Customer's prepaid Services. The BigCommerce

Analytics fees due each month will be calculated based on Customer's store order

volume for the preceding 30 days which will determine the applicable pricing tier

as posted on this website. For example, if Customer's Billing Date is the 15th of

every month and Customer adds BigCommerce Analytics on June 1, Customer

will be billed for BigCommerce Analytics on June 15 based on the applicable

pricing tier using Customer’s store’s order volume for the preceding 30 days with

the fee prorated 15 days based on usage. Thereafter, Customer will be billed for

BigCommerce Analytics on the 15th of every month based on the store's order

volume during the preceding 30 days from the Bill Date.

10. Cancellations. BigCommerce Services will continue in effect until Customer

validly terminates the Services.

Customer must notify BigCommerce of its intent to terminate prepaid Services at

least 5 calendar days before the billing renewal date. If notice is not received

before such date, such Services will automatically renew for the subsequent

renewal period. For example, if a month-to- month customer is billed on October

9th for monthly prepaid Services from October 9th to November 8th and such

customer provides a valid notice to terminate its account on November 6th,

Customer will automatically be charged for prepaid Services from November 9th

to December 8th and the prepaid Services will terminate on December 8th. If the

same customer provides notice to terminate its account on November 4th, then the

account will terminate on November 8th and such customer will not be charged

for any further prepaid Services on such account.

Customer may terminate BigCommerce Analytics upon request. If the termination

date is after the Billing Date for the Service, Customer will be billed for

BigCommerce Analytics based on the applicable pricing tier using the Customer's

store’s order volume for the preceding 30 days from the termination date and

prorated based on usage. For example, if Customer's Billing Date is the 15th of

every month and Customer terminates with an effective date of termination on

June 8, Customer's final bill for BigCommerce Analytics will be calculated based

on Customer's store’s order volume for the proceeding 30 days as of the

termination date and the applicable tiered pricing will be pro-rated from May 15

through June 8. If Customer terminates BigCommerce Analytics prior to the first

Billing Date after Customer adds the Service, Customer's final bill for

BigCommerce Analytics will be based on the applicable pricing tier using

Customer's store’s order volume for the preceding 30 days and prorated for usage.

Please click here for instructions on how to terminate Services .

8. Prohibited Practices

1. Prohibited Offerings. Customer may not utilize the Services to provide, sell or

2. Profanity. Profanity, profane or otherwise inappropriate subject matter in the site

3. Private Information and Images. Customers may not post or disclose any

4. Violations of Intellectual Property Rights. Any violation of any person's or

5. Misrepresentation of Transmission Information. Forging, misrepresenting,

6. Viruses and Other Destructive Activities. Use of the Services for creating or

offer to sell the following: replicas; controlled substances; illegal drugs and drug

contraband; weapons; pirated materials; instructions on making, assembling or

obtaining illegal goods or weapons to attack others; information used to violate

the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual

property or information; information used to illegally harm any people or animals;

pornography, nudity, sexual products, programs or services; escort services or

other content deemed adult related.

content and in the domain name are prohibited.

personal or private information about or images of children or any third party

without the consent of such party (or a parent's consent in the case of a minor).

entity's intellectual property rights, rights of privacy, rights of publicity or other

personal rights is prohibited. BigCommerce may remove or block access to

content appearing on or through the Services upon receipt of proper notice of

copyright infringement (see "Reporting Claims of Copyright Infringement"

below).

omitting, or deleting message headers, return mailing information and/or Internet

protocol addresses to conceal or misidentify the origin of a message is prohibited.

sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail

bombing, or engaging in denial of service attacks is prohibited. It is also

prohibited for Customer to engage in other activity that is intended to disrupt or

interfere with, or that results in the disruption of or interference with, the ability of

others to effectively use the Services (or any connected network, system, service

or equipment) or conduct their business over the Internet.

7. Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but

is not limited to, the following activities: illegally or without authorization,

accessing computers, accounts or networks, penetrating or attempting to penetrate

security measures, port scans, stealth scans, and other activities designed to assist

in hacking.

8. Anonymous Proxies. BigCommerce does not allow the use of anonymous proxy

scripts on its servers. They can be very abusive to the server resources, affecting

all users on that server. Customer will not access or copy any portion of the

Services through any automated viewing, downloading or crawling systems.

9. Export Control Violations. The exportation of encryption software outside of

Australia or the United States and/or violations of Australian or United States law

relating to the exportation of software is prohibited. Customer may not export or

transfer, directly or indirectly, any regulated product or information to anyone

outside Australia or the United States without complying with all applicable

statues, codes, ordinances, regulations, and rules imposed by Australian and

United States federal, state or local law, or by any other applicable law.

10. Child Pornography. The use of the Services to store, post, display, transmit, sell,

advertise or otherwise make available child pornography is prohibited.

BigCommerce is required by law to, and will, notify law enforcement agencies

when it becomes aware of the presence of child pornography on, or being

transmitted through, the Services.

11. Other Illegal Activities. The use of the Services to engage in any activity that is

determined by BigCommerce, in its sole and absolute discretion, to be illegal is

prohibited. Such illegal activities include, but are not limited to, storing, posting,

displaying, transmitting, selling or otherwise making available ponzi or pyramid

schemes, fraudulently charging credit cards or displaying credit card information

of third parties without their consent, and failure to comply with applicable online

privacy laws. BigCommerce will cooperate fully with appropriate law

enforcement agencies in connection with any and all illegal activities occurring on

or through the Services.

12. Other Activities. This list of prohibitions provides examples of prohibited

conduct, and is not intended to be a complete or exclusive list of all prohibitions.

Engaging in any activity that, in BigCommerce's sole and absolute discretion,

disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or

be harmful to) the Services, BigCommerce's business, operations, reputation,

goodwill, customers and/or customer relations, or the ability of BigCommerce's

customers to effectively use the Services is prohibited. Such prohibited activities

include making available any program, product or service that is designed to or

could be used to violate these Terms. In addition, the failure of Customer to

cooperate with BigCommerce in correcting or preventing violations of these

Terms by, or that result from the activity of, a customer, patron, subscriber,

invitee, visitor, or guest of Customer constitutes a violation of these Terms by

Customer. Without limiting the rights and remedies available to it, BigCommerce

reserves the right in its sole discretion, to suspend or terminate Customer's access

to its account and the Services, with or without notice, and to take any other

action that BigCommerce determines in its sole discretion is necessary as a result

of any behavior by Customer that is illegal, inappropriate, disruptive to this

website, the Services, or to any other user of this website or the Services, or which

otherwise breaches these Terms. BigCommerce may report to law enforcement

authorities any actions that may be illegal, and any reports it receives of such

conduct. When legally required, or otherwise in BigCommerce's sole discretion,

BigCommerce will cooperate with law enforcement agencies in any investigation

of alleged illegal activity conducted using this website or the Services. These

prohibitions do not require BigCommerce to monitor, police, remove or reject any

content, information, graphics, photographs or links on Customer’s hosted sites or

any Customer Voluntary Suggestions or other information submitted by Customer

or any other user.

9. Backup Storage

1. BigCommerce offers its Services to host ecommerce websites, not to store data.

Using an account as an online storage space for archiving electronic files is

prohibited and will result in termination of Services without prior notice. For its

own operational efficiencies and purposes, BigCommerce from time to time backs

up data on its servers, but is under no obligation or duty to Customer to do so

under these Terms. IT IS SOLELY CUSTOMER'S DUTY AND

RESPONSIBILITY TO SEPARATELY BACKUP CUSTOMER’S FILES AND

DATA WHICH MAY RESIDE ON BIGCOMMERCE SERVERS. UNDER NO

CIRCUMSTANCES WILL BIGCOMMERCE BE LIABLE TO ANYONE FOR

DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF

CUSTOMER’S FILES AND/OR DATA ON ANY BIGCOMMERCE SERVER.

10. Copyright Infringement

1. Reporting Claims of Copyright Infringement. BigCommerce will respond to

notices of copyright infringement that comply with applicable law. If a copyright

holder believes that there has been a violation of his/her copyright on a site that is

hosted by BigCommerce or a BigCommerce subsidiary, the copyright holder may

request that BigCommerce remove or disable the material by submitting written

notification to our Copyright Agent (designated below). In accordance with the

Digital Millennium Copyright Act (" DMCA"), the written notice must include

substantially the following:

 A signature (physical or electronic) of a person authorized to act on the

copyright owner's behalf.

 Identification of the copyrighted work that is claimed to have been

infringed, or, if the claim involves multiple copyrighted works, a

representative list of such works.

 Identification of the material that is claimed to be infringing, with

information sufficient to permit us to locate the material.

 Contact information for the person giving the notification, including name,

address, telephone, and email address.

 A statement that the person giving the notification has a good faith belief

 A statement that the information in the notification is accurate, and under

that use of the copyrighted material is not authorized by the copyright

owner, its agent, or the law.

penalty of perjury, that the person giving the notification is authorized to

act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA notices is:

Copyright Agent

11305 Four Points Drive

Building II, Third Floor

Austin, TX 78726

1-888- 699-8911

copyright@bigcommerce.com

Please be aware that if you knowingly make a material misrepresentation

that material or activity is infringing your copyright, you may be held

liable for damages under the DMCA.

2. Copyright Counter-Notifications. If Customer believes that it has had material

removed or disabled by mistake or misidentification, Customer may file a

counter-notification with BigCommerce by submitting written notification to our

copyright agent (identified above). Pursuant to the DMCA, the Counter-Notice

must contain substantially all the following:

 A signature (physical or electronic) of the person submitting the counter-

 Identification of the material that has been removed or to which access has

 Contact information for the person submitting the counter-notification,

 A statement under penalty of perjury by the person submitting the counter-

 A statement by the person submitting the counter-notification that

notification.

been disabled and the location at which the material appeared before it

was removed or access disabled.

including name, address, telephone, and email address.

notification that he/she has a good faith belief that the material was

removed or disabled as a result of a mistake or misidentification.

Customer will consent to the jurisdiction of the Federal District Court for

the judicial district in which it is located (or if Customer resides outside

the United States for any judicial district in which Customer's website may

be found) and that Customer will accept service from the person (or an

agent of that person) who submitted the DMCA notice at issue.

The DMCA allows BigCommerce to restore the removed content if the

party filing the original DMCA Notice does not file a court action against

Customer within ten business days of receiving the copy of Customer’s

Counter-Notice.

3. Repeat Infringers. It is BigCommerce's policy in appropriate circumstances to

Please be aware that if you knowingly make a material misrepresentation

that material or activity was removed or disabled by mistake or

misidentification, you may be held liable for damages under the DMCA.

disable and/or terminate the accounts of Customers who repeatedly infringe

copyrights.

11. Miscellaneous

1. Governing Law; Jurisdiction. If you are a resident of the United States, the laws

2. WARRANTY DISCLAIMER. CUSTOMER SPECIFICALLY

of the State of Texas will govern the validity and construction of these Terms and

any dispute arising out of or relating to these Terms, without regard to the

principles of conflict of laws. Customer hereby consents (and waives all defenses

of lack of personal jurisdiction and forum non conveniens with respect to the

jurisdiction and venue of the federal and state courts located in Travis County,

Texas (USA). If you are not a resident of the United States, the laws of Australia

will govern the validity and construction of these Terms and any dispute arising

out of or relating to these Terms, without regard to the principles of conflict of

laws. Customer agrees to waive the right to trial by jury in any action or

proceeding that takes place relating to or arising out of this Agreement. The

United Nations Convention on Contracts for the International Sale of Goods will

not apply to these Terms and is hereby expressly excluded.

ACKNOWLEDGES AND AGREES THAT ITS USE OF THIS WEBSITE AND

THE SERVICES FOUND AT THIS WEBSITE WILL BE AT ITS OWN RISK

AND THAT THIS WEBSITE AND THE SERVICES FOUND AT THIS

WEBSITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL

FAULTS". BIGCOMMERCE, ITS OFFICERS, DIRECTORS, EMPLOYEES,

AND AGENTS DISCLAIM ALL WARRANTIES, CONDITIONS,

REPRESENTATIONS, STATUTORY, EXPRESS OR IMPLIED, INCLUDING,

BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS

AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

BIGCOMMERCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND

AGENTS MAKE NO WARRANTIES, CONDITIONS OR

REPRESENTATIONS ABOUT (A) THE ABILITY OF THE SERVICES OR

SOFTWARE TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN

ANY GIVEN ENVIRONMENT, (B) THE ACCURACY, COMPLETENESS,

OR CONTENT OF THIS WEBSITE OR THE SERVICES OR SOFTWARE, (C)

THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES

LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR

OTHERWISE) TO THIS WEBSITE, AND/OR (D)) THE SERVICES FOUND

AT THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS,

BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, AND

BIGCOMMERCE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR

THE SAME.

IN ADDITION, CUSTOMER SPECIFICALLY ACKNOWLEDGES AND

AGREES THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE

PROVIDED BY BIGCOMMERCE, ITS OFFICERS, DIRECTORS,

EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS

CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES),

WHETHER DIRECTLY OR INDIRECTLY, WILL (A) CONSTITUTE

PERSONAL, LEGAL OR FINANCIAL ADVICE OR (B) CREATE A

WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND WITH

RESPECT TO THIS WEBSITE OR THE SERVICES FOUND AT THIS

WEBSITE. CUSTOMER SHOULD NOT RELY ON ANY SUCH

INFORMATION OR ADVICE, AND CUSTOMER SHOULD CONSULT AN

APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO

ITS SITUATION.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS, CONDITIONS

AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT

PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR

EXPIRATION OF THIS AGREEMENT OR CUSTOMER’S USE OF THIS

WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR

LIMITATION OF IMPLIED REPRESENTATIONS, CONDITIONS OR

WARRANTIES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED

WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS

MAY NOT APPLY TO CUSTOMER. IN SUCH EVENT, BIGCOMMERCE’S

WARRANTIES, CONDITIONS AND REPRESENTATIONS WITH RESPECT

TO THIS WEBSITE, THE SERVICES, AND SOFTWARE WILL BE LIMITED

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN

SUCH JURISDICTION.

3. LIMITATION OF LIABILITY. BIGCOMMERCE, ITS OFFICERS,

DIRECTORS, EMPLOYEES, AND AGENTS ASSUME NO

RESPONSIBILITY WITH RESPECT TO CUSTOMER’S OR ITS END USER'S

USE OF THE SERVICES AND WILL NOT BE LIABLE FOR

CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE,

EXTRAORDINARY, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING

BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS

OF DATA, LOSS OF PROFITS, AND LOST REVENUE, WHETHER SUCH

DAMAGES ARE ALLEGED IN TORT, CONTRACT OR ANY OTHER

LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT

BIGCOMMERCE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

BIGCOMMERCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND

AGENTS WILL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE

THAN THE TOTAL FEES ACTUALLY RECEIVED BY BIGCOMMERCE

FROM CUSTOMER FOR THE SERVICES DURING THE 12-MONTH

PERIOD BEFORE THE CLAIM OR CAUSE OF ACTION AROSE.

MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS

WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE MUST BE

COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION

ACCRUES, OTHERWISE SUCH CAUSE OF ACTION WILL BE

PERMANENTLY BARRED.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR

LIMITATION OF CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER

DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT

APPLY TO CUSTOMER. IN SUCH EVENT, THE LIABILITY OF

BIGCOMMERCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND

AGENTS FOR SUCH DAMAGES WITH RESPECT TO THIS WEBSITE AND

THE SERVICES WILL APPLY TO THE FULLEST EXTENT PERMITTED

BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF

THIS AGREEMENT OR CUSTOMER’S USE OF THIS WEBSITE OR THE

SERVICES FOUND AT THIS WEBSITE.

4. Indemnification of BigCommerce. Customer agrees to defend, indemnify and

hold BigCommerce and its Content Providers and the respective directors,

officers, employees and agents of each harmless from and against any and all

claims, losses, damages, liabilities and costs (including, without limitation,

reasonable attorneys' fees and court costs) arising out of or relating to Customer's

breach of any of these Terms or use by Customer or any third party (authorized,

permitted or enabled by Customer) of the Services, except to the extent the

foregoing directly result from BigCommerce's own gross negligence or willful

misconduct. BigCommerce reserves the right, at its own expense, to assume the

exclusive defense and control of any matter otherwise subject to indemnification

by Customer. THIS FOREGOING INDEMNIFICATION WILL SURVIVE ANY

TERMINATION OR EXPIRATION OF THIS AGREEMENT OR

CUSTOMER'S USE OF THIS WEBSITE OR THE SERVICES FOUND AT

THIS WEBSITE.

5. Severability. If any provision of this Agreement is found to be unenforceable or

invalid, that provision will be limited or eliminated to the minimum extent

necessary so that this Agreement will otherwise remain in full force and effect

and enforceable.

6. No Assignment by Customer. Customer may not assign this Agreement without

the prior written consent of BigCommerce, which BigCommerce may refuse in its

sole discretion. Any attempt by Customer to assign this Agreement without prior

written consent from BigCommerce will be deemed null and void. BigCommerce

may assign this Agreement at any time. Subject to the foregoing, this Agreement

will bind and inure to the benefit of the parties, their respective successors and

permitted assigns.

7. Waiver. The failure of BigCommerce to exercise or enforce any right or

provision of these Terms or this Agreement will not constitute a waiver of such

right or provision.

8. Entire Agreement. Both parties agree that this Agreement is the complete and

9. Independent Contractors. No agency, partnership, joint venture or employment

10. Attorneys' Fees. In any action or proceeding to enforce rights under this

11. Force Majeure. BigCommerce will have no liability to Customer or any third

exclusive statement of the mutual understanding of the parties and supersedes and

cancels all previous written and oral agreements, communications, and other

understandings relating to the subject matter of this Agreement, and that all

waivers and modifications must be in a writing signed by both parties, except as

otherwise provided herein. The section headings and titles in these Terms and this

Agreement are for convenience only and have no legal or contractual effect.

These Terms and this Agreement will be interpreted without application of any

strict construction in favor of or against Customer or BigCommerce.

is created as a result of this Agreement, and Customer does not have any authority

of any kind to bind BigCommerce in any respect whatsoever.

Agreement, the prevailing party will be entitled to recover its costs and attorneys'

fees.

party for any failure by BigCommerce to perform its obligations under these

Terms in the event that such non-performance arises as a result of the occurrence

of an event beyond the reasonable control of BigCommerce, including without

limitation an act of war or terrorism, natural disaster, failure of electricity supply,

riot, civil disorder, or civil commotion or other event of force majeure.

12. Additional Service Specific Terms

In addition to the Terms above, Customer also agrees to be bound by the additional

service specific terms applicable to the Services Customer purchases or uses provided by

BigCommerce or its partners. The following Service Specific Terms are hereby

incorporated by reference and are binding upon Customer.

1. Third Party Services, Websites, Links and Information. BigCommerce or its

personnel may from time to time recommend or enable third party software,

products, services or website links for Customer’s consideration or use. Such

software, products, services, and links are provided only as a convenience to

customers of the Services. Some of the Services made available through this

website may be subject to additional third party licensing terms or third party

terms of use, including the ones posted here and incorporated herein by reference.

Inclusion of any of the foregoing in the Services does not constitute or imply an

endorsement, authorization, sponsorship, or affiliation by or with BigCommerce

with respect to any third party, any third party's website or its content, or any

information, products, or services provided by a third party.

These Terms and the Privacy Policy do not apply to such third party websites, and

Customer should review such third party websites' privacy policies, terms and

conditions and business practices as they may be different than BigCommerce's

Terms and it is Customer's sole responsibility to comply with such third party

terms. Access to any other website is at Customer's own risk, and Customer's

dealings and communications with any third party in connection with such third

party’s website are solely between Customer and such third party.

BIGCOMMERCE MAKES NO REPRESENTATIONS OR WARRANTIES

REGARDING THIRD PARTY SOFTWARE, PRODUCTS OR SERVICES

AND WILL NOT BE LIABLE FOR ANY SOFTWARE, PRODUCTS OR

SERVICES CUSTOMER RECEIVES FROM THIRD PARTIES.

2. BigCommerce Theme Marketplace

 Except as otherwise expressly provided at checkout when licensing a

 All Design Themes are licensed to customers on a non-exclusive basis and

 BigCommerce grants to Customer, for so long as Customer continues to

 If Customer licenses a Design Theme for its website, BigCommerce may

 If Customer customizes a Design Theme via any tool other than Theme

 It is the responsibility of Customer, and not BigCommerce, to ensure that

Design Theme, refunds will not be issued to Customers for Design

Themes once they are purchased.

can be reproduced and redistributed an unlimited number of times by

BigCommerce. All references to Design Themes in these Terms include

any styles associated with the licensed Design Theme.

subscribe and pay for the Services, a nonexclusive license to modify,

make derivative works of and use, each licensed Design Theme solely in

conjunction with the BigCommerce platform and the Services. For clarity,

the foregoing license only allows Customer to use each licensed Design

Theme for a single BigCommerce store/website per license purchased. If

Customer desires to use a Design Theme for more than one BigCommerce

store owned or operated by Customer, a new Design Theme license must

be purchased for each such store using the Design Theme. Design Themes

may only be used by a Customer and may not be transferred by Customer

to any unaffiliated third party without the prior written consent of

BigCommerce. For clarity, Customer may not license, sublicense, assign,

transfer, redistribute or sell any Design Themes or derivative works

thereof to any other parties. Design Themes are the exclusive property of

BigCommerce or our design partner, and all right, title and interest in each

Design Theme shall remain exclusively with BigCommerce or the

applicable design partner.

provide your personal information to our design partner to facilitate the

design partner's provision and/or offer of support/services and/or products

to the Customer. Technical support for a Design Theme is the

responsibility of the designer partner, and BigCommerce does not accept

any responsibility to provide such support.

Editor or with Style Editor, neither BigCommerce nor its design partners

are obligated to support that Design Theme.

the installation of a new Design Theme does not overwrite or damage the

current or preexisting theme, or UI, of Customer.

3. Migration and Onboarding Services

 BigCommerce offers migration services ("Migration Services") to

Customers purchasing select Service plans as described on our website for

an additional fee. BigCommerce supports most standard shopping cart

database schemes by default. Our Migration Services do not guarantee

proper migration of the custom data, fields or information handled by

third-party modules and/or contributions.

 We recommend that data is migrated into a store which is not live (visible

to the public and/or transacting). If for any reason you require Migration

Services to transfer data into a live store we recommend that your store is

placed in “maintenance mode” during the data transfer as importing large

amounts of data can disrupt business flow within a live store site.

 Our onboarding services (“Onboarding Services”) include configuration of

basic BigCommerce store settings and is available to Customers

purchasing select Service plans as described on our website or for an

additional fee.

 Unless included in a select Service plan, Migration Services and

Onboarding Services are Services for which we charge a one-time, upfront

fee. All such Services are non-refundable, except solely at the discretion

of BigCommerce in the case of a major technical issue that is exclusively

the fault of BigCommerce and that BigCommerce is unable to resolve

within 30 days of receipt of written notification from you.

Privacy Policy

Last updated: March 20, 2014

This is the website of BigCommerce.

Our postal address is:

Level 6, 1-3 Smail St

Ultimo NSW 2007

Australia

We can be reached via email at sales@bigcommerce.com or you can reach us by telephone at

(US) 1-888- 699-8911 or (Int) +1-512- 758-7588.

We take your privacy seriously. Because we gather certain types of information about our users,

we want to help you understand the terms and conditions surrounding the collection and use of

that information. This privacy statement discloses the types of information we gather, how we

use it, and how to correct or change it. These privacy practices apply to the website located at the

www.bigcommerce.com and related BigCommerce websites, pages, applications, and mobile

applications (collectively, the "Site"), that you were viewing when you clicked through to this

policy, which is operated directly by us or by our affiliated companies.

For each visitor to our Site, our web server automatically recognizes no information regarding

the domain or email address except for information gathered utilizing Google Analytics. We

collect the email addresses of those who communicate with us via email. These email addresses

are used for internal review only. We use cookies to allow BigCommerce customers to log in to

their account.

If you do not want to receive email from us in the future, please let us know by sending us email

at the above address.

When you interact with our Site, for example by making a purchase or subscribing to an email

list, we may collect information about you including but not limited to your name, address,

telephone number, and email address.

We may share this information with our affiliated companies who are controlled by, who control

or who are under common control with BigCommerce.

We may share this information along with a record of any transactions you conduct on our Site

or offline with us with a third-party advertising partner and its service providers in order to

deliver you advertising tailored to your interests when you visit certain other websites. Data

shared with our third-party partner is made anonymous.

We may use third parties to help us provide services and marketing to you, such as processing

payments, fulfilling orders or designing website templates for your use. If personally identifiable

information is provided to any of these third parties, we will require that such information be

maintained by them in strictest confidence.

We use cookies to allow BigCommerce customers to login to their account. We may use

technologies such as our own cookies to provide you with enhanced online display advertising

tailored to your interests. To opt out of advertising provided by us, click here.

We may participate in behavioral-based advertising. This means that a third party may place a

cookie on your browser, or use a web beacon, to collect information about your use of our

website so that they can provide advertising about products and services tailored to your interest.

That advertising may appear either on our website, or on other websites. If you would like to opt-

out from having the behavioral-based advertising companies with whom we have a relationship

use your information for advertising purposes you can do so by visiting the Network Advertising

Initiative or Digital Advertising Alliance. Opting out will not in any way affect your use of our

Site.

We may participate in demographic, interest, and location based advertising. If we do so, we will

not use personally identifiable information (PII) in conjunction with this information. You may

opt out or customize your demographic and interest based settings, on the Google Display

Network, using Ad Settings.

At times, you may be directed to third party websites and/or offered the option to download an

application using a third party platform. Our provision of a link to any other website or our

provision of an application using a third party platform is for your convenience and does not

signify our endorsement of such other website, platform or its contents. When you click on such

a link or download and use such an application, you will leave our Site and go to another

website. During this process, a third party may collect personally identifiable information from

you. We have no control over, do not review, and cannot be responsible for, these outside

websites or their content. Please be aware that the terms of this privacy policy do not apply to

these outside websites or content, or to any collection of data after you click on a link to a third

party. You will need to contact them to understand their privacy policies.

We are always seeking to improve our business. In accomplishing these objectives, we may buy

or sell a company, or one or more of the companies in our corporate family may merge with or

be acquired by another company. If we sell a business, we may transfer some or all of your

information as a part of the sale in order that the service being provided to you may continue or

for other business purposes.

Our Site is not directed to individuals under the age of thirteen (13), and we request that these

individuals do not provide personal information through our Site. We do not knowingly collect

information from children under thirteen (13) without parental consent. Visit the Federal Trade

Commission website for more information about the Children's Online Privacy Protection Act

(COPPA).

This privacy policy is subject to change. Please review it periodically. If we make changes to the

policy, we will revise the "Last Updated" date at the top of this policy. Any changes to this

policy will become effective when we post the revised policy on the Site. Your use of the Site

following these changes means that you accept the revised policy.

Upon request, we provide Site visitors with access to all information (including proprietary

information) that we maintain about them.

We have appropriate security measures in place in our physical facilities to protect against the

loss, misuse or alteration of information that we have collected from you at our Site.

If you feel that this Site is not following its stated information policy, you may contact us at the

above addresses or phone numbers.

IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE

REPRESENTING WITH RESPECT TO BIGCOMMERCE SERVICES, DO NOT AGREE TO

ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF

ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS,

DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A

MEMBER, CANCEL YOUR ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY

YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED

BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE

TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF

THESE TERMS.