Hosting Terms of Service

Terms and Conditions covering all Hosting Services offered by Bench Studios

These Terms of Service (the “Agreement”) are an agreement between benchstudios.com (“Bench Studios” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the hosting products and services made available by Bench Studios and of the benchstudios.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the hosting Services provided by Bench Studios.

  1. Additional Policies and Agreements

    1. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
      1. Privacy Policy
      2. Acceptable Use Policy
    2. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable.

  2. Account Eligibility

    1. By registering for or using the Services, you represent and warrant that:
      1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorised and is a violation of this Agreement.
      2. If you use the Services on behalf of another party you agree that you are authorised to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
    2. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Bench Studios is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may contact our support desk here to update your contact information. Providing false contact information of any kind may result in the termination of your account. Under certain circumstances you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes, we will advise you if a service you are applying for will require this. Failure to provide the information requested may result in your order being denied.
    3. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
    4. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilisation.
    5. The Service and any data you provide to Bench Studios as part of your hosting package is hosted in the United States (U.S.) unless otherwise specified by us. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.

  3. Transfers

    Bench Studios will make every effort to help you move your website to us. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. Transfers will incur a charge; please contact us to receive a quote for this. In no event shall Bench Studios be held liable for any lost or missing data or files resulting from a transfer to or from Bench Studios. While we do provide systematic backups, ultimately you are solely responsible for ensuring you maintain back ups of all your data in all circumstances.

  4. Bench Studios Content

    Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Bench Studios Content”), are the proprietary property of Bench Studios or Bench Studios’ licencors. Bench Studios Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Bench Studios Content. Any use of Bench Studios Content, other than as specifically authorised herein, is prohibited and will automatically terminate your rights to use the Services and any Bench Studios Content. All rights to use Bench Studios Content that are not expressly granted in this Agreement are reserved by Bench Studios and Bench Studios’ licencors.

  5. User Content

    1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you, by users acting on behalf of you, or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Bench Studios that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

      Solely for purposes of providing the Services, you hereby grant to Bench Studios a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Bench Studios does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

    2. Bench Studios exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Bench Studios’ computers, network hubs and points of presence or the Internet. Bench Studios does not monitor User Content. However, you acknowledge and agree that Bench Studios may, but is not obligated to, immediately take any corrective action in Bench Studios’ sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Bench Studios shall have no liability due to any corrective action that Bench Studios may take.

  6. Third Party Products and Services

    1. Third Party Providers
      Bench Studios may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

      Bench Studios does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Bench Studios is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

    2. Bench Studios as Reseller or Licencor
      Bench Studios may act as a reseller or licencor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Bench Studios Products”). Bench Studios shall not be responsible for any changes in the Services that cause any Non-Bench Studios Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Bench Studios Products, either sold, licensed or provided by Bench Studios to you will not be deemed a breach of Bench Studios’ obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Bench Studios Product are limited to those rights extended to you by the manufacturer of such Non-Bench Studios Product. You are entitled to use any Non-Bench Studios Product supplied by Bench Studios only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Bench Studios Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Bench Studios Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
    3. Third Party Websites
      The Services may contain links to other websites that are not owned or controlled by Bench Studios (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

  7. Prohibited Persons (Countries, Entities, and Individuals)

    Due to the servers for the Services being based in the U.S. the Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organisation or entity organised or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Bench Studios also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

  8. Account Security and Bench Studios Systems

    1. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
    2. The Services, including all related equipment, networks and network devices are provided only for authorised customer use. Bench Studios may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorised, to facilitate protection against unauthorised access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorised purposes. By using the Services, you consent to monitoring for these purposes.
    3. Any account found connecting to a third party network or system without authorisation from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Bench Studios may, at our discretion, request documentation to prove that your access to a third party network or system is authorised.
    4. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Bench Studios of an issue, we reserve the right to leave access to services disabled.
    5. Bench Studios reserves the right to migrate your account from one data centre to another in order to comply with applicable data centre policies, local law or for technical or other reasons without notice.

  9. HIPAA Disclaimer.

    We are not “HIPAA compliant.”
    You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Bench Studios does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the U.S. federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Bench Studios is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact us.

  10. Compatibility with the Services

    1. You agree to cooperate fully with Bench Studios in connection with Bench Studios’ provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Bench Studios is not responsible for any delays due to your failure to timely perform your obligations.
    2. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Bench Studios to provide the Services, which may be changed by Bench Studios from time to time in our sole discretion.
    3. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Bench Studios does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

  11. Billing and Payment Information

    1. Prepayment
      It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
    2. Autorenewal
      Unless otherwise provided, you agree that until and unless you notify Bench Studios of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
    3. Taxes
      Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Bench Studios’ invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
    4. Late Payment
      All invoices must be paid by the invoice due date, or where a due date is not specified within thirty (30) days of the invoice date. Any invoice that is outstanding after the due date or for more than thirty (30) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Bench Studios may suspend or terminate your account and pursue the collection costs incurred by Bench Studios, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Bench Studios will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
    5. Domain Payments
      It is solely your responsibility to notify Bench Studios after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Bench Studios is not responsible for your failure to renew a domain or a failure to notify you about a domain’s renewal.
    6. Fraud
      It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Bench Studios may report any such misuse or fraudulent use, as determined in Bench Studios’ sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
    7. Invoice Disputes
      You have ninety (90) days to dispute any charge or payment processed by Bench Studios. If you have any questions concerning a charge on your account, please contact our support desk here.
    8. Payment Card Industry Security Standard Disclaimer
      Bench Studios complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Bench Studios does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

  12. Money-back Guarantee

    1. Hosting
      Bench Studios offers a thirty (30) day money- back guarantee for Bench Studios’ managed hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.

  13. Cancellations and Refunds

    1. Payment Method
      No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, cheques and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
    2. 30 Day Money-back Guarantee.
      If within the initial 30 days of service you are not satisfied with the Services you will, upon your written request to Bench Studios (the “Refund Request”) within ninety (90) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic hosting fees previously paid by you to Bench Studios for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to Bench Studios. Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
    3. Refund Eligibility.
      Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up for hosting services again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
    4. Non-refundable Products and Services.
      There are no refunds on administrative fees, and install fees for custom software.
    5. Cancellation Process.
      You may terminate or cancel the Services by giving Bench Studios 14 days written notice. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Bench Studios may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

      Once we receive your cancellation request and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been cancelled. Your cancellation confirmation will contain your account reference in the subject line for your reference and for verification purposes. Bench Studios will confirm your request and process your cancellation once your request has been submitted. If you do not hear back from us, please contact our Support Desk here.

      We require all cancellations to be done through our Support Desk to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

    6. Foreign Currencies

      Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Australian (AUD) dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Bench Studios is not responsible for any change in exchange rates between the time of payment and the time of refund.

    7. Termination

      1. Bench Studios may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Bench Studios or others or cause Bench Studios or others to incur liability, as determined by Bench Studios in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Bench Studios shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Bench Studios may charge you for all fees due for the Services for the remaining portion of the then current term.
        UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

  14. CPU, Bandwidth and Disk Usage

    1. Permitted CPU and Disk Usage
      All use of hosting space provided by Bench Studios is subject to the terms of this Agreement and the Acceptable Use Policy.

      1. Hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Bench Studios expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Bench Studios may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Bench Studios’ terms and conditions.
    2. Bandwidth Usage
      Hosting services are limited in their bandwidth allowance, subject to the terms of the plan you purchased and can be viewed in your control panel.

  15. Price Change

    Bench Studios reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Bench Studios through the user billing tool or through other methods of communication, including notices sent or posted by Bench Studios.

  16. Limitation of Liability

    IN NO EVENT WILL BENCH STUDIOS, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF BENCH STUDIOS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BENCH STUDIOS’ LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BENCH STUDIOS FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

  17. Indemnification

    You agree to indemnify, defend and hold harmless Bench Studios, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

  18. Independent Contractor

    Bench Studios and User are independent contractors and nothing contained in this Agreement places Bench Studios and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

  19. Governing Law; Jurisdiction

    Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Victoria, Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

  20. Disclaimer

    Bench Studios shall not be responsible for any damages your business may suffer. Bench Studios makes no warranties of any kind, expressed or implied for the Services. Bench Studios disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Bench Studios or our employees.

  21. Backups and Data Loss

    Your use of the Services is at your sole risk. Bench Studios’ backup services run periodically and may overwrite any of our previous backups. This service is provided only within account packages that include it. Bench Studios is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Bench Studios’ servers.

  22. Limited Warranty

    THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, BENCH STUDIOS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. BENCH STUDIOS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENCORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. BENCH STUDIOS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENCORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

  23. Disclosure to Law Enforcement

    In order to comply with, and subject to, any applicable laws, including without limitation the Australian Telecommunications Act 1997 and the Telecommunications (Interception) Act 1979, Bench Studios may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

  24. Entire Agreement

    This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

  25. Headings

    The headings herein are for convenience only and are not part of this Agreement.

  26. Changes to the Agreement or the Services

    1. Bench Studios may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Bench Studios website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
    2. Bench Studios reserves the right to modify, change, or discontinue any aspect of the Services at any time.

  27. Severability

    If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

  28. Waiver

    No failure or delay by you or Bench Studios to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

  29. Assignment; Successors

    You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Bench Studios. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Bench Studios may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

  30. Force Majeure

    Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

  31. Third-Party Beneficiaries

    Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

 

Last Updated : November 4th 2017