Last modified: September 30, 2019
These Terms of Service (these “Terms”) constitute the agreement (this “Agreement”) between Calenek, LLC. (the “Company”) and the User (as defined below) of the Calenekmobile application (the “App”). These Terms are subject to change at any time and for any reason, without notice. Please note that the Company may terminate this Agreement or discontinue your use of the App or any portion or feature for any or no reason at any time.
1. ACCEPTANCE OF TERMS
By downloading, installing and registering to use the App, you expressly agree to be bound by these Terms as published from time to time at www.calenek.com. You may not use the App and you may not accept the terms of this Agreement if you are not of a legal age to form a binding contract with the Company.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity, that you have the authority to bind such entity.
Please review these Terms carefully before installing and registering to use the App. Before you continue, you should print or save a local copy of this Agreement for your records. The Company is sometimes referred to herein as “we,” “us,” or “our” and the User is sometimes referred to as “you,” “your,” or “customer.”
The App offers services to two types of Users: Business Owners and Clients.
Users who are Business Owners can use the various tools and functions of the App to set up and update their business profile, upload their work schedule, schedule appointments with Clients, send reminders to Clients for upcoming appointments, send invoices, collect payment, send and receive messages with Clients, and other features (the “Business Services”). Client Users have access to different tools and functions which allow them to schedule bookings, view upcoming appointments, pay for services, send and receive messages service providers, and other features (“Client Services” and together with the Business Services, the “Services”).
The App is designed to facilitate business transactions between Business Owners and Clients, starting with initial appointment scheduling by Business Owners with Clients. The App allows Business Owners to send appointment requests directly to Clients along with specific Prices (as defined in Section 3) for the associated job request. The Client is able to review the appointment request and Price, and if both price and future appointment dates are agreed upon by both parties, then the Client can confirm, and Business Owner and Client are locked into a service agreement. Once the appointment date has arrived, and the service has been completed by Business Owner to Client’s satisfaction, the Client is charged the Price amount and the Business Owner is compensated accordingly.
The App also allows Business Owners to send invoices to Clients, requesting immediate payment for services rendered. Clients can review the invoice in detail, and pay at his or her convenience by entering a credit card in a secure browser or within the app. All invoice payments are processed immediately.
The App is designed for Business Owners who sell services, and is not designed for Business Owners who sell goods or product online, such as e-commerce businesses.
3. YOUR USE OF THE SERVICES
To use the Services, you will need to register as a Business Owner at https://www.calenek.com/myaccount You must provide accurate, complete and forthright information in response to this data gathering.
By using the App, you expressly authorize the Company to take all reasonable steps to perform the Services including scheduling bookings, facilitating business transactions, and making payments to and accepting payments from Users of the App.
Business Owners, you hereby authorize and permit the Company to charge the Client’s credit card, on your behalf, a predetermined amount for services rendered by the Client (the service “Price”). Said Price shall be agreed-upon by both Business Owner and Client over the App prior to the scheduled date of service completion. Once services have been successfully rendered, the Business Owner shall mark as such through the App, and the Company will charge Client’s credit card the Quote amount. Business Owners also authorize and permit the Company to charge the Client’s credit card for invoices sent to, received by and accepted by Clients.
Clients, you hereby authorize and permit the Company to charge your credit card the predetermined Price amount once services have been successfully rendered by the Business Owner, hired by you, or once you accept and pay any invoices sent to you by the Business Owner. You also authorize the Company to charge your credit card a fee if you cancel your service appointment with the Business Owner (the “Cancellation Fee”). The Cancellation Fee (both price and general terms) are determined by the Business Owner and are at the Business Owner’s discretion to inform you of his or her Cancellation Fee policy. If the Cancellation Fee applies, then the aforementioned Price is null and void, and the Client will not be charged said Price amount as it relates to the associated cancellation of service.
Users, you hereby authorize and permit the Company to use and store information submitted by you to accomplish the foregoing and to configure the Services so that they are compatible with third party sites for which funds are transferred.
Your right to access and use the App and use the Services is personal to you and is not transferable by you to any other person or entity, and you may only access and use the App and the Services for lawful purposes.
Accurate records enable us to provide the App and the Services to you. You agree to provide true, accurate, current, and complete information about your accounts, and you may not misrepresent any Account Information. In order for the Services to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services provided to you will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services and the App.
In order to allow you to use certain Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to take steps to confirm ownership of your email address, sending your mobile device a text message or working with third parties to confirm your banking information. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services and the App.
Your access and use of the App or the Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the App, or other actions that the Company, in its sole discretion, may elect to take. In no event will the Company be liable to any party for any loss, cost, or damage that results from any period of downtime of the App or the Services.
4. DATA PROTECTION
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
When you download the App, you will be prompted to login to your account by entering in identifying information. We strongly recommend that you exit and sign out of your account at the end of each session.
If you believe that the device that you use to access the App has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transfer of funds has occurred, you must notify us immediately in order to minimize your possible losses.
The following is our contact information:
Address: 3995 W Quail Ave Ste C Las Vegas NV 89118
6. TERM AND TERMINATION
This Agreement is effective from the date you first download and register the App. You may terminate your account with the Company at any time. The Company may terminate or revise these Terms at any time with or without notice. The provisions and all obligations of and restrictions on you and any User of your account with respect to the App or Service shall survive any termination of these Terms.
You agree that the Company, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of the App or any Service, for any reason, including for lack of use or if the Company believes that you have violated or acted inconsistently with the spirit of these Terms. The Company may, also, in its sole and absolute discretion, and at any time, discontinue providing the Services or maintaining the App, or any part thereof, with or without notice. You agree that any termination of your access to the App or Service under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and prohibit any further access to all files, the App, or the Services by you. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the App or the Services.
You can cancel your registration with the App at any time. To cancel your account, email firstname.lastname@example.org .
7. CONDITIONS OF USE.
(a) You will not, nor allow third parties on your behalf, to (i) make and distribute copies of the App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; or (iii) create derivative works of the App of any kind whatsoever.
(b) “Calenek” and all logos related to the Services are either trademarks or registered trademarks of the Company. You may not copy, imitate or use them without the Company’s prior written consent.
(c) You agree not to use the App or the Services on any mobile or handheld device which you do not own or control and you agree not to distribute or make the App or the Services available over any network where it could be used by multiple devices at the same time.
(d) The App is currently made available to you free of charge for your personal and commercial use. The Company reserves the right to amend or withdraw the App, or charge for the App or the Services provided to you in accordance with these Terms, at any time and for any reason.
(e) You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise.
(f) If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
(a) The Company will use reasonable efforts to make the App available at all times. However you acknowledge the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors outside the Company’s reasonable control.
(b) The Company and sub-contractors do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
(c) The Company will not be responsible for any support or maintenance for the App.
9. SYSTEM REQUIREMENTS
(a) In order to use the App, you are required to have a compatible mobile or handheld device, internet access, and the necessary minimum software specifications (“Software Requirements”).
(b) The Software Requirements are as follows: Apple iOS devices running iOS 7 & Android devices. Currently, the App is available in the English language only.
(c) The version of the App software may be upgraded from time to time to add support for new functions and services.
The Company may terminate your use of the App and the Services at any time by giving notice of termination to you. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App and the Services.
11. UNAUTHORIZED OR ILLEGAL USE
The Company may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of this Agreement, or that it exposes you, your customers, or the Company to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your Calenek account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Calenek account, and any of your transactions with law enforcement. In addition, the Company reserves the right cancel, suspend, or refund any payment transactions that have been completed through Calenek until suspected unauthorized or illegal use allegations have been settled. The Company reserves the right to debit any Business Owner’s bank account pertaining to any and all fraudulent transactions that have suspected to have occurred until said matters have been resolved.
12. PAYMENT FEES FOR BUSINESS OWNERS
(a) For payment transactions, the Company charges the payment recipient (i.e., in most cases the Business Owner) a processing fee of 2.70% per transaction (the “Processing Fee”). The Processing Fee is calculated as 2.70% multiplied by the gross payment amount through the App, and is debited from the gross payment amount. The Company charges said Processing Fee in order to cover its own processing fees and expenses.
(b) The Company reserves the right to change, alter, add or remove fees at any time at its sole discretion, provided the Company notify its Business Owners and Clients beforehand.
13. SUBSCRIPTION PLANS FOR BUSINESS OWNERS
Business Owners can choose four (4) different plans when they register for Calenek, LLC Including three (4) paid-subscription plans, as outlined below:
(1) Bronze: $39.00 per month, with a 3.1% + $.35 per transaction . Business Owners get Scheduling/Calendar, App, Time Sheets, Team Communication, SMS Notifications for Client Reminders/Followups (First 500 Free) $10 after exceeding 500 messages.
(2) Silver plan: $89.00 subscription fee per month, with a a 3.1% + $.35 per transaction. Premium plans come with Bronze Features+ Payment Reconciliation & Manager Logbook
(4) PremiumTeam plan: $179 subscription fee per month, with a a 3.1% + $.35 per transaction. PremiumTeam plans are Silver Features+ Advanced Marketing Tools And Analytics, GPS Tracking With Timeclock Audit.
(5) PremiumSuite plan: $219 subscription fee per month, with a a 3.1% + $.35 per transaction. PremiumSuite plans included Gold Features+ Dedicated Account Rep On Call, Includes All Upgrades As Rolled Out.
Business Owners can subscribe to Premium plans (both the “Premium plan” and “Premium+ plan”) directly from the Calenekwebsite (https://www.calenek.com/pricing#pricing plans are on a rolling month-to-month basis, with each month’s fee paid upfront (at the beginning of each 30 day plan period), automatically auto-renewing each month. Subscription fees are non-refundable once paid. The Company reserves the right to change, alter, add or remove subscription fees and plans at any time at its sole discretion, provided the Company notify its Business Owners and Clients beforehand.
Premium plans come with a unique phone number that is assigned to your account. Business Owners who are assigned said unique phone number, are free to use said number as a new business line throughout the course of the subscription plan. If at any time the Business Owner cancels a Premium plan, then the unique phone number assigned to that Business Owner will be cancelled and will no longer reserve the right to use said number to make or receive phone calls or SMS texts.
By accepting payment through Calenek, you agree to provide refunds and adjustments for, your goods or services in accordance with this Agreement. The amount of the refund cannot exceed the amount shown as the total on the original sales data. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the Buyer, you may still receive a Chargeback relating to such sales.
You can process a refund by contacting Calenekat email@example.com . Calenek will request your authorization to withdraw up to the requested refund amount from your bank account. Calenek will then withdraw the amount you were paid for said services from your bank account, and credit it back into your Buyer’s account.
Calenek has no obligation to accept any returns of any of your goods or services on your behalf. For any returns on products sold, the Business Owner must resolve said returns directly with their customers and Calenek will not be required to be involved in the refund process. Similar chargeback and fee policies apply, however, in addition to sales taxes and postage fees for product specific refunds. As mentioned in Section 2 above, Calenek is not designed nor recommended for e-commerce types of businesses selling goods or products.
15. YOUR LIABILITY FOR CHARGEBACKS
The amount of a transaction may be reversed or charged back to your Calenek account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a Buyer or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.
The Company reserves the right to hold any pending payout(s) of a business owner depending on the chargeback rate of said business as a way to manage risk across the Calenek platform.
16. OUR COLLECTION RIGHT FOR CHARGEBACKS
For any transaction that results in a Chargeback, we may debit the amount of any Chargeback and any associated fees, fines, or penalties by our processor from your Calenek account (including a $15 chargeback fee), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay payouts from your Calenekaccount. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a Buyer’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the Buyer may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all Calenek account deficit balances unpaid by you.
17. ACCOUNT VERIFICATION
In order to accept payment as a Business Owner through Calenek, each Business Owner must go through Account Verification. Account Verification is required to prevent fraudulent accounts from accepting payment through Calenek. In order to get verified, each Business Owner must submit a driver’s license (in the Settings -> Help & Admin tab within the Calenekapp), and wait 3-5 days before verification is put into effect. Once verified, Business Owners can seamlessly begin accepting credit and debit card payments from Clients through PocketSuite.
18. STRIPE CONNECTED ACCOUNT AGREEMENT
Payment processing services for Business Owners on Calenek are provided by Auth.net and are subject to the Auth Account Agreement, which includes the Auth Terms of Service (collectively, the “Auth Services Agreement”). By agreeing to Calenek Terms of Service or continuing to operate as a Business Owner on Calenek, you agree to be bound by the Auth Services Agreement, as the same may be modified by Auth from time to time. As a condition of Calenek enabling payment processing services through Auth , you agree to provide Calenek accurate and complete information about you and your business, and you authorize Calenek to share it and transaction information related to your use of the payment processing services provided by Auth .
19. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
20. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
21. GOVERNING LAW
The laws of the State of Nevada, excluding its conflicts of law rules, govern these Terms and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.