TestSenz terms of service

This document lists the terms of service for the TestSenz application. By making use of the TestSenz application from any of the servers or domains that it is offered from ("Service") you are agreeing to be bound by all of the terms and conditions detailed below ("Terms Of Service").

BlackNorth Software reserves the right to update, change or amend the Terms Of Service from time to time without notice. The addition of new functionality and features or enhancement or augmentation of existing functionality and features within the Service shall be subject to the Terms Of Service. Continued use of the Service after such changes shall constitute consent to such changes.

Violation of any of the conditions outlined in the Terms Of Service will result in termination of your Account. By using the Service you understand and agree that BlackNorth cannot be responsible for Content posted on the Service and agree that you use the Service at your own risk.

Account terms

  1. Accounts must be registered and used by people. Accounts registered by bots or automated methods are not permitted.
  2. All of the details provided in creating an account, including but not limited to organisation name, contact name and contact email address, must be valid.
  3. Security of the account and its associated passwords is the responsibility of the account holder and of any users granted access to the account by the account holder. BlackNorth Software cannot and will not be liable for losses or damages incurred from a failure on the part of the account holder to safeguard account security.
  4. The account holder has ultimate responsibility for all content posted on and all activity undertaken through the Service (even when such Content or activity is posted or undertaken by users other than the account holder).
  5. Use of the Service for illegal or unauthorized purposes is forbidden. The definition of an illegal purpose depends on the jurisdiction in which the account holder resides and includes but is not limited to copyright laws.
  6. Accessing the posted Content through means other than the TestSenz user interface is forbidden without the express written permission of BlackNorth Software.

Payments and refunds

  1. A valid credit card is required for all accounts. Accounts on a period of free service (as designated by BlackNorth Software) will not be billed.
  2. If the account holder elects to cancel their account before it is first billed no charge will be applied.
  3. Initial billing of an account will occur either after account sign up or after the end of any period of free service (as designated by BlackNorth Software).
  4. Billing for the Service occurs monthly in advance and is non-refundable. No refunds or credits will be made for partial months of service or for months unused on an open account. The application of this term is non-negotiable.
  5. All fees exclude taxes, levies or duties that may be due in the account holder's jurisdiction. Payment of such taxes, levies and duties remains the responsibility of the account holder.

Cancellation/termination of service

  1. Cancellation or termination of the service is the sole responsibility of the account holder. An account cannot be considered terminated until written confirmation of the cancellation, on paper or by email, has been provided. BlackNorth Software will endeavour to handle cancellation requests in a timely fashion but the turn around time on a cancellation request is not specified or guaranteed.
  2. Upon cancellation of the Service BlackNorth Software will be free to delete all Content posted using the Service. Content cannot be recovered from the Service once it has been cancelled.
  3. If a cancellation request is completed before the end of a currently paid for month no billing charge will be applied on the subsequent billing date or there after.
  4. BlackNorth Software reserves the right to, at its discretion, suspend or terminate an account or Service for any reason at any time. Such suspension or termination may result in access to the account being withdrawn from the account holder and/or deletion of all Content posted through the Service. BlackNorth reserves the right to refuse service to anyone for any reason at any time.

Service and price modification

  1. BlackNorth Software reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices for the Service are subject to change upon 30 days notice from BlackNorth Software. Such notice may be provided by publication on the TestSenz.com web site (http://www.testsenz.com) or via email sent to the primary account holder.
  3. BlackNorth Software shall not be liable to the account holder or to any third party for any modification, price change, suspension or discontinuation of the Service.

Content ownership

  1. BlackNorth Software claims no intellectual property rights over the material posted through the Service. Details and Content posted remain the property of the account holder and/or any users to whom the account holder has granted permission to use the Service.
  2. BlackNorth Software will not conduct screening of any content posted through the Service but reserves the right to refuse or remove content that it deems, at its discretion, to be unsuitable.
  3. With the exception of elements covered by other licenses, the look and feel of the TestSenz application is copyright ©2009 BlackNorth Software. Copying, use or duplication of any portion of the HTML/CSS or visual design elements is forbidden without express written permission from BlackNorth Software.

General terms

  1. Use of the Service is at your sole risk. The Service is provided on an "as-is" and "as-available" basis.
  2. Technical support for the Service is available only to customers with active accounts and is only available via email.
  3. You understand and accept that BlackNorth Software uses third party vendors and hosting partners to provide necessary hardware, software, networking and related technologies to operate the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, BlackNorth Software, or any other BlackNorth Software services or product offerings.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by BlackNorth Software.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violate any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any BlackNorth Software customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve:
    1. transmissions over various networks;
    2. changes to conform and adapt to technical requirements of connecting networks or devices.
  9. If your bandwidth usage exceeds a monthly limit as designated by BlackNorth Software, or significantly exceeds the average bandwidth usage (as determined solely by BlackNorth Software) of other TestSenz customers, we reserve the right to immediately disable your account or throttle your bandwidth usage until you can reduce your bandwidth consumption.
  10. BlackNorth Software does not warrant that:
    1. the service will meet your specific requirements
    2. the service will be uninterrupted, timely, secure, or error-free
    3. the results that may be obtained from the use of the service will be accurate or reliable,
    4. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  11. You understand and agree that BlackNorth Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BlackNorth Software has been advised of the possibility of such damages), resulting from:
    1. the use or the inability to use the service;
    2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
    3. unauthorized access to or alteration of your transmissions or data;
    4. statements or conduct of any third party on the service;
    5. or any other matter relating to the service.
  12. The failure of BlackNorth Software to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BlackNorth Software and govern your use of the Service, superceding any prior agreements between you and BlackNorth Software (including, but not limited to, any prior versions of the Terms of Service).

Questions and queries in relation to the Terms Of Service should be sent, via email, to support@blacknorth.com.