Terms of Service

BestWebby provides a Unified Business Operating System that enables merchants to manage their commerce operations, including but not limited to: storefront management, inventory control, point-of-sale operations, marketplace integrations, and automated business insights.

BestWebby does not process, hold, or intermediate payments between merchants and their customers. All customer payments are processed directly through the merchant's connected payment gateway, and BestWebby takes no percentage of your sales. Separately from your sales, you pay us for the Platform.

Setup fee. Before we activate your account, you pay a one-time setup fee plus any tax that applies. It is US$999 if you sign up yourself. If you sign up through our sales team, it is the amount in the quote we approved for you. Once your account is activated, the setup fee is not refundable, except where the law requires a refund.

Monthly fee, paid after each month. Your billing months start on the day your account is activated. Each one ends on the same day of the next month, or on the last day of that month if it has no such day. At the end of each month we issue an invoice for that month and send a payment link to your billing email. Payment is due by 11:59 pm Toronto time on the 15th day after we issue the invoice. Every month you use is invoiced, including your first. We do not charge for time when your account was disabled for non-payment or closed, as described below. Invoices are issued by Joorus Inc. in the currency of your price and include any tax that applies.

Your price. If you signed up yourself, your price is our published price for your plan on the day you signed up. If we agreed a price with you in writing, for example in an approved quote, that agreed price applies, and changes to our published prices do not change it. A discount appears on your invoice as its own line against the list price. If a discount is for a set number of months, the list price applies from the month after those months.

Automatic payment (optional). You can choose to save a card with our payment processor. We never see or store your full card number. If you do, we charge that card for each invoice when we issue it, and we email you the amount at least 3 days before. If the charge fails, or the amount would differ from what we emailed, you pay using the payment link within the same time. You can turn automatic payment off or remove your card at any time in Billing.

Accounts billed by subscription.If your account is paid through a card subscription with our payment processor rather than by monthly invoices, it is billed on that subscription's schedule instead: your fee is charged in advance for each billing period, and the setup fee is charged with the first payment and is not refundable once your account is activated, except where the law requires a refund. If you later move to monthly invoicing, the paragraphs above apply from then. In the price-change commitments below, a billing month means the subscription's billing period.

Changes to your price. Where a change increases what you pay:

• we will give you at least one month's written notice, counted from the day we send it;
• it takes effect at the start of your first billing month that begins after the notice period, never partway through a month;
• increases will not add up to more than 10% of your fee in any twelve-month period; and
• you may close your account at any time before it takes effect, without penalty, and pay only for the time you used at your current price.

A reduction applies from your next invoice and needs no notice. We will not raise a price we agreed with you in writing beyond the limit above unless you accept a new quote in writing.

We send reminders to your billing email, and by text message or WhatsApp if you gave us a mobile number. If an invoice is still unpaid at the end of the 15th day (Toronto time) after we actually sent you its payment link, we will disable your account. While your account is disabled:

• your storefronts show that the store is temporarily unavailable, with the public contact details you gave us, and cannot take new orders;
• your mailboxes, automations, scheduled messages, integrations, webhooks and API access stop; and
• you can still sign in to view and pay your invoices and to export your data.

If you pay everything that is overdue at any time before your account is deleted, your account is turned back on automatically, usually within minutes. If a payment you made is later reversed through your bank or card issuer, that amount is unpaid again. We will send you a new payment link, and the same 15 days apply.

If your account stays disabled for 30 days, we will permanently delete it and everything in it, including stores, products, orders, customer records, content, files, domain settings and mailboxes. We will warn you at least 14, 7 and 2 days before, and we will not delete your account until we have sent each of those warnings. Deleted data cannot be recovered. Any payment that reaches us after deletion has started is refunded. Deleting your account does not cancel what you owe for time you used.

Accounts billed by subscription. If a payment on a subscription fails and is still unpaid 7 days later, we may suspend your account until it is paid. That suspension does not delete your data. If the subscription then ends unpaid, we keep your data for 90 days so your account can be restored, then delete it.

After an account is deleted, whether for non-payment or after it was closed, we keep the invoices, payment records, and records of your acceptance of these terms and of the notices we sent you, for 6 years, as the law requires or as we need to show what happened. Our Privacy Policy describes these records.

You may close your account at any time, except while it is disabled for non-payment. You can export your data before you close it. When you close it, we send a final invoice for the part of the current billing month up to the moment you closed. We keep your data for 90 days in case you change your mind, then delete it. If you restore your account within those 90 days, billing resumes from the moment you restore it, and the time it was closed is not charged.

We may end this agreement on reasonable notice, or immediately where an account is suspended, disabled or deleted as described in these terms. If we delete an account for non-payment, this agreement ends on the day of deletion.

You agree not to use the Platform to conduct illegal activities, infringe on intellectual property, distribute malware, or engage in fraudulent activity. What you may sell, and your duty to follow the law in every market you sell into, are set out in the Acceptable Use Policy; repeated or serious breaches of it may result in suspension.

We may suspend an account that we reasonably believe is being used unlawfully, or that puts the Platform or other merchants at risk. Where we can do so safely, we will tell you why and give you a chance to put it right. A suspension for these reasons does not delete your data.

Your use of the Platform is also governed by our Privacy Policy and, where applicable, our Data Processing Agreement (DPA). We process your data as described in those documents.

We take regular backups and check that they are being produced. You can export your data at any time while your account exists, including while it is disabled for non-payment. Keep your own copy of anything you cannot afford to lose. We do not guarantee recovery of data you deleted yourself. Data deleted for non-payment or after closure cannot be recovered; remaining copies in our backups are overwritten in our normal backup cycle.

You will defend and indemnify BestWebby against claims, penalties, fines and reasonable costs arising from:

• products you list or sell, including their safety, legality, labelling and intellectual property;
• your relationship with your own customers, including their statutory rights;
• your breach of these Terms or the Acceptable Use Policy; and
• your breach of law, licensing or regulatory obligations in any market you sell into.

We will tell you promptly of any such claim and will not settle it without your agreement, which you will not unreasonably withhold.

Nothing in these terms limits liability that cannot lawfully be limited, and your statutory rights are unaffected. Subject to that, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings, and BestWebby's total aggregate liability arising in any twelve-month period is limited to the fees you paid us in that period. These exclusions do not apply to your indemnity under the Indemnity section above.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, and the courts of Ontario have non-exclusive jurisdiction. This does not deprive you of the protection of mandatory consumer or local law in your own country where such law applies.

Questions about these Terms should be directed to us through our contact form.