Terms and Conditions
These general terms
& conditions apply to all offers, quotations and subsequent agreements
between Start-Business-Today.com and its
counterpart (“Reseller”). The application of any purchasing terms of Reseller
are expressly rejected. Any terms & conditions that deviate from these
general terms & conditions are valid only if expressly confirmed in writing
1. Reseller signup
Reseller can sign up online, accepting these terms and conditions. Upon
acceptance by Start-Business-Today.com (which may be refused without reason)
Reseller will be granted access to an administrative account with which
Reseller can operate the services at his discretion, within the limits set by Start-Business-Today.com
as agreed during signup.
Start-Business-Today.com may assume that all activities that occur using the
administrative account or any additional account are authorized by Reseller. If
Reseller suspects an unauthorized third party has gained access to a password,
Reseller shall change its password as soon as possible and/or contact Start-Business-Today.com
as soon as possible so appropriate action can be taken.
Reseller must reference a working dedicated e-mail mailbox in the
administrative account and consult this mailbox at least once a day for notices
Reseller must use its best efforts to keep up to date on domain name
registration and usage rules, including without limitation rules set by domain
name registries. Start-Business-Today.com will use its best effort to supply
relevant information, but failure by Start-Business-Today.com to supply certain
pertinent information does not discharge Reseller from knowing same.
2. Start-Business-Today.com Services
The Start-Business-Today.com system offers a variety of online services, such
as a brandable store front, a complete backoffice solution and a customer
control panel (“Services”). Furthermore, Start-Business-Today.com offers a
variety of products such as domains,
email hosting, instant website builder, and OX App Suite. Reseller
elects itself which Services to use or resell. When electing a Service, Start-Business-Today.com
shall indicate the cost and contract period during which the Service will be
available for the benefit of Reseller.
Reseller can configure and use the Services within the limits set by Start-Business-Today.com,
which may change from time to time. Specific Services may set specific
additional terms and conditions which Reseller must accept prior to being able
to use the Service. In case of a conflict between these specific terms and the
present document, the specific terms shall prevail.
Reseller is itself solely responsible for maintaining copies of data stored
using these online services. While Start-Business-Today.com backs up such data
for recovery of catastrophic events, the recovery of individual files or data
items from a backup is only possible in exception cases and against payment of
the customary hourly rate of Start-Business-Today.com.
All software provided by Start-Business-Today.com in the context of the
agreement is licensed and not sold. Start-Business-Today.com and its licensors
retain all right, title and interest in the software and any updates thereto.
Except to the extent permitted in article 3 below, Reseller only holds a
limited, personal, revocable, non-exclusive, non-transferable,
non-sublicenseable license to use the software for the term of the agreement.
3. Reseller Authorization
Reseller is authorized to resell the services offered by Start-Business-Today.com
to third parties, in a multi-tier fashion if desired. Reseller acts towards
these third parties at its own risk and reward. Start-Business-Today.com shall
not be a party to any such reselling agreements. Reseller shall at all times
comply with Guatemalan and applicable local law.
Where in these terms and conditions a reference is made to a customer of
Reseller, this reference shall include all parties that have a direct or
indirect relationship with Reseller, including through multi-tier levels of
Reseller must present and enforce adequate general terms and conditions to its
customers, and demand that any customers that themselves resell the Services do
the same. The terms and conditions must be at least a strict as the present
terms, and must provide for indemnification of Start-Business-Today.com by
claims from its customers.
The terms and conditions of Reseller must pass on all obligations imposed on
Reseller to all of its customers, including through multiple levels of
reselling. Reseller is itself at all times liable for a failure by one of its
customers to comply with such obligations as if it committed the failure
Reseller may determine its own prices and packaging of services. Reseller may
not misrepresent the content of packages, and may only use the name and logo of
Start-Business-Today.com in a businesslike, neutral fashion to indicate Start-Business-Today.com
is a supplier of Reseller.
Start-Business-Today.com shall not contact customers of Reseller except in case
of emergencies where Reseller is not responsive, or where Start-Business-Today.com
is obligated by domain name registries to contact customers directly. However,
in case the agreement with Reseller is terminated, Start-Business-Today.com has
the right to make an offer to such customers for the continued provisions of
services with Start-Business-Today.com or another customer of Start-Business-Today.com.
4. Service Levels
Start-Business-Today.com shall use commercially reasonable efforts to ensure
continued availability and good quality of the Services, but cannot guarantee
that these will be available for the benefit of Reseller or its customers at all
In case of any interruption or limited availability, Start-Business-Today.com
shall make commercially reasonable efforts to remedy interruptions as soon as
possible. Reseller shall provide all necessary support upon request. If the
interruptions are attributable to third parties, such as a telecommunication
provider, Start-Business-Today.com’s only obligation is to urge that third
party to ensure efficient remedy of that interruption.
From time to time Start-Business-Today.com may perform maintenance on the
Services or upgrade their functionality. This will be announced at least 30
days in advance, except in case of emergency maintenance. Maintenance will be
carried out when usage of the service in question is low.
As some Services are offered on a Software-as-a-service basis, Start-Business-Today.com
can only upgrade or modify these Services for all its customers at the same
time. No exceptions for Reseller can be made to retain functionality or to
revert certain upgrades.
Start-Business-Today.com may discontinue Services at its discretion, at the end
of a Service contract period or upon discontinuation of services of third party
5. Acceptable Use Policy
Reseller shall not use the services or allow its customers to use the services
in any manner that violates any applicable civil or criminal law or that
negatively affects the performance of the service provision by Start-Business-Today.com.
The preceding includes but is not limited to:
storage or distribution of materials in violation of applicable intellectual
property rights, which materials include (but are not limited to) torrent
files, magnet links, hash codes and the like; or
storage or distribution of materials with evidently defamatory, libelous,
harassing, threatening, child pornographic, racist, homophobic content; or
storage or distribution of content relating to fraud, misleading trade
practices, pyramid schemes, Ponzi schemes or multi-level marketing systems; or
sale or marketing of products in violation of applicable law in the target
market, e.g. pharmaceutical products or weapons storage or distribution of
materials that violate the privacy of third parties; or
the operation or control of botnets, viruses, Trojan horses or the like; or
storage or distribution of viruses, Trojans, spyware or other malicious
running or controlling Internet Relay Chat bots, bots for multiplayer games,
cloning scripts, proxy or redirection services; or
initiation or toleration of processes which reasonably can be assumed to be a
nuisance to the general public and/or to have a detrimental effect on the
systems used for any service, including without limitation the execution of
denial-of-service attacks, port scanning or automated password cracking, or the
mass sending of e-mail; or
any violations of the generally accepted rules and codes of conduct regarding
the services, including those laid down in the Internet Request for Comments
(RFC) 1855 and its successors and companions.
Start-Business-Today.com may block, adapt or remove any materials or restrict
access to a Service or content if Start-Business-Today.com, at its sole
discretion, determines that such Service or content is likely to be unlawful or
in violation of the above terms. Start-Business-Today.com does not need to
consult or inform Reseller in such a case. Start-Business-Today.com is not
liable for any damages Reseller may suffer as a result of its actions under
In case Reseller’s use of a Service or associated resources substantially
exceeds reasonable use (e.g. extremely high data traffic or resource usage) Start-Business-Today.com
may suspend the offending usage until the matter has been discussed with
Reseller and an appropriate solution (such as a hard limit on the resource
usage or an upgrade to a higher offering) has been found.
In case a real or suspected violation of the above terms is raised by a third
party which claims harm from the violation, Start-Business-Today.com is
entitled to provide name, address, payment data and other information
identifying Reseller to the third party if applicable law requires it to do so.
Start-Business-Today.com will comply with all proper governmental or court
orders regarding the provision of any information or the suspension of services
in accordance with law.
Start-Business-Today.com is entitled to invoice Reseller at its customary
hourly rate for any actions carried out under this section if the material or
use in question can be attributed to Reseller.
6. Reseller Support
Reseller is itself responsible for all customer support to its customers.
Start-Business-Today.com shall offer a sufficient level of documentation to
allow Reseller to manage the Services for the benefit of its customers.
Start-Business-Today.com is available for a reasonable level of support to
Reseller itself, but only concerning technical issues regarding the Services as
offered by Start-Business-Today.com.
Fees for Services are paid from the account balance held by Reseller. Reseller
can make payments to the account balance at any time.
All fees charged by Start-Business-Today.com are due the moment a Service is
elected by Reseller and will be deducted from Reseller’s balance immediately.
In addition Start-Business-Today.com may charge certain penalties or
administrative charges as provided in these terms and conditions from the
For orders for certain Services Start-Business-Today.com will make a
reservation charge at Reseller’s account balance for the appropriate fees. Upon
completion of the order, the reservation charge will be finally deducted from
the account. If the order fails, the reservation charge shall be lifted from
the account balance by Start-Business-Today.com.
Reseller is itself solely responsible for ensuring sufficient balance is
available on the account. Start-Business-Today.com is under no obligation to
deliver any Service if the account balance is insufficient at the moment the
Service in question is requested, even if the Service is to be delivered to a
customer of Reseller.
8. Data protection
Personal data of registered domain name holders is processed by Start-Business-Today.com
on behalf of Reseller, where Start-Business-Today.com operates as a data
processor as that term is defined in applicable European data protection
Start-Business-Today.com shall comply at all times with such legislation during
the provision of services. In particular, Start-Business-Today.com shall only
allow access to personal data by its employees and contractors to the extent
necessary for the proper performance of its obligations. Start-Business-Today.com
shall ensure that all such employees and contractors shall maintain the
confidentiality and security of the personal data.
Reseller is responsible for obtaining appropriate consent or other proper legal
basis for the data processing, and must be able to supply proof of same to Start-Business-Today.com.
Reseller shall indemnify and hold harmless Start-Business-Today.com from all
claims from data subjects relating to missing consent or insufficient legal
Reseller is responsible for any requests for disclosure, correction or erasure
regarding personal data made by natural persons. In case Start-Business-Today.com
receives such a request, it shall be forwarded to Reseller for further
Start-Business-Today.com may store personal data with a third-party data escrow
service for security purposes. This includes third parties outside the European
Union, but only if Start-Business-Today.com has concluded a proper data
processing agreement with these parties and (if in the USA) the third parties
are included in the US Safe Harbor Program.
9. Confidentiality Obligations
Start-Business-Today.com shall not access any Reseller data, except and to the
extent strictly necessary for the provision of services, the solving of
problems associated therewith, or with the express permission of Reseller. In
such a case Start-Business-Today.com employees shall operate under strict
obligations of confidence.
No obligation to keep confidential exists for information that is available to
the general public, was already in possession of Start-Business-Today.com at
the time Reseller supplied such data, is supplied by an independent party or
was created by Start-Business-Today.com independently and without the use of
any information of Reseller.
In case of a lawful order by a competent authority Start-Business-Today.com is
entitled to supply Reseller data (including data of Reseller’s customers) to
such authority even if subject to an obligation of confidentiality. However,
unless the order forbids same, Start-Business-Today.com shall inform Reseller
prior to such disclosure in order to allow Reseller to take legal action
against the authority in question if desired.
10. Limitation of Liability
Start-Business-Today.com shall be liable to Reseller only for direct damages
arising out of its intentional misconduct towards Reseller or materially
negligent performance of any of its obligations under the agreement.
Start-Business-Today.com shall never be liable for any consequential, special,
punitive and/or incidental damages, including loss of profits, arising out of
or in connection with the agreement, even if advised of the possibility of such
Any liability of Start-Business-Today.com for an event shall be limited to the
amount actually paid by Reseller to Start-Business-Today.com in the two weeks
preceding the date the event occurred.
No liability shall exist for damages that have not been reported to Start-Business-Today.com
in writing within two weeks of their occurrence, or for damages where Reseller
failed to take appropriate measures to limit such damages.
Reseller shall indemnify, defend and hold harmless Start-Business-Today.com against
any and all losses, claims, damages, liabilities, actions, costs or expenses,
including reasonable attorneys’ fees incurred by it in connection with any
claim from third parties, including customers of Reseller, in connection with
Start-Business-Today.com shall not be liable for any failure to fulfill any of
its obligations under the agreement if that failure is due to force majeure. If
the force majeure lasts for more than thirty consecutive days, either party is
entitled to terminate the agreement with immediate effect. No obligation to
reimburse any costs, fees or expenses shall exist for either party in case of
11. Term and Termination
This agreement is entered into for one year upon activation of the
administrative account. Unless either party timely sends written notice of
termination to the other party, the agreement will at the end of that period
renew for an additional period of the same length.
Reseller may terminate by means of written notice at least one month prior to
the end of the period referred to in the previous section. Start-Business-Today.com
may terminate by means of written notice at least three months prior to the end
of this period.
In case a party blamefully fails to comply with the material obligations under
the agreement, the other party may terminate the agreement, but only after the
party that failed to comply has not remedied the failure within a reasonable
time period after having received a written notice of default that is adequate
and as detailed as possible.
A party may immediately terminate the agreement by written notice to the other
party, without the requirement for notice of default or intervention of the
Court, in the event of the following: if the other party has been granted
suspension of payments, whether provisionally or not; if a petition for
bankruptcy has been filed with respect to the other party and the petition has
not been revoked within seven days; if the other party files for bankruptcy
itself; or if the other party’s enterprise is dissolved or terminated, except
for the purpose of a merger with or absorption by another company.
If a credit balance remains upon termination, the balance is forfeited to Start-Business-Today.com.
12. Change of Agreement
The agreement, including these terms and conditions may only be modified by a
written document executed by the parties.
Start-Business-Today.com has the right to adapt or add to these terms and
conditions at any time. Such adapted or additional terms shall enter into force
30 days after communication thereof to Reseller. Adaptations to article 5
(Acceptable use policy) shall enter into force immediately after communication.
If Reseller does not wish to accept an adapted or additional term, Reseller
must raise its objection to Start-Business-Today.com within these 30 days after
being notified about these terms. Start-Business-Today.com then may, at its
discretion, withdraw the adaptation or addition. If Start-Business-Today.com
does not do so, Reseller has the right to terminate the agreement within these
60 days. Failure to terminate so constitutes acceptance of such terms.
13. Applicable Law and Disputes
The law of the Guatemala governs the agreement and these terms and conditions.
Any disputes arising between Start-Business-Today.com and Reseller in
connection with the agreement will be settled by the competent courts in Guatemala
for the principal place of business of Start-Business-Today.com.
In the event that any part of the agreement or these terms and conditions
become or are declared to be invalid by any court of competent jurisdiction,
such invalidity shall not affect the rest of this agreement. The parties shall
in such a case determine one or more replacement provisions that most closely
approximate the clause concerned and which is legal under applicable law.
The failure of either party at any time to require performance by the other
party of any provision of the agreement shall in no way affect that party's
right to enforce such provisions, nor shall the waiver by either party of any
breach of any provision of the agreement be taken or held to be a waiver of any
further breach of the same provision.
Neither party may bring an action, regardless of form, arising out of or
related to the agreement more than one year after the cause of action has
arisen or the date of discovery of such cause, whichever is later. However, in
no event can an action be brought more than one year after the date of
termination of the agreement.
14. Miscellaneous terms
The parties enter into the agreement as independent contractors. No employment
or agent/principal relationship is created by the agreement between Start-Business-Today.com
and Reseller or any of their respective employees or agents.
The agreement shall not be assigned or otherwise transferred by a party without
the prior written consent of the other party, which shall not be unreasonably
withheld. Any such assignment without such consent will be null and void.
However, no consent is necessary for an assignment or transfer of the agreement
to any affiliate of the transferring party or any company that succeeds to
substantially all of that party’s business. Furthermore, Start-Business-Today.com
is permitted to assign and transfer the agreement to any third party. The
agreement shall bind and inure to the benefit of the successors and permitted
assigns of the parties.
Any requirement for a “written” statement can be fulfilled by using fax or
e-mail, provided the identity of the sender and the integrity of such fax or
e-mail can be determined with sufficient certainty.
Terms and Conditions: Domain names
Domain Name Orders
Reseller can order
domain name registrations or transfers through the administrative account, or
any other interface offered by Start-Business-Today.com. Upon order placement Start-Business-Today.com
will attempt to register the domain name. Start-Business-Today.com will make
reasonable efforts to actually register or transfer an ordered domain name for
Reseller, but does not guarantee the success of registration or transfer.
Failure of completion of the order does not qualify for additional
Reseller must be able
to supply proof of authorization by the intended domain name holder for all
domain name orders and domain updates. If required by applicable domain name
registry rules, Start-Business-Today.com shall initiate a verification process
with the intended domain name holder and block usage of the domain name until
after completion of the verification process. Fees for the domain name,
including any renewal(s) thereof, are independent of when the verification
process is completed.
All domain name
registrations, transfers and usage are subject to the terms set by the
applicable domain name registry. The registry terms may change at any given
time. Reseller must agree with these changes in order to continue a
registration of a domain name managed by that registry. Reseller is itself
responsible for compliance with these terms. Start-Business-Today.com reserves
the right to decline any request for cancellation or deletion of a domain name.
In such case, the costs for maintaining the domain name are debited from
Reseller’s account balance.
Reseller is itself
responsible for operating one or more Domain Naming System (DNS) servers for
ensuring the technical availability of domain names for Internet users. As a
courtesy service, Start-Business-Today.com operates a DNS server free of charge
that can be used for such availability. Start-Business-Today.com shall use
commercially reasonable efforts to ensure continued availability of the domain
name records as supplied by Reseller in its DNS server systems, but makes no
guarantees whatsoever. Further, Start-Business-Today.com is under no obligation
to validate such records except for technical compliance with DNS
Reseller must ensure
all domain name registration information (including, but not limited to: the
registered domain name holder, admin, billing and tech contact details) are
complete and accurate. Start-Business-Today.com may suspend or delete a domain
name if information is found to be incorrect or incomplete and this is not
corrected within 14 days of notice to Reseller. Start-Business-Today.com may
permit the applicable domain name registry to inspect and validate such
information. Under no circumstances may the registered domain name holder data
be anything else than identification of the actual intended domain name holder.
The contract term for
domain names is one year unless specified otherwise. Contract terms are
silently renewed unless notice of termination is timely given by Start-Business-Today.com.
Name Terms and Conditions
Reseller shall comply
fully with all regulations set by domain name registries for which Reseller has
registered domain names, including but not limited to the RAA 2013 provided by
ICANN. In such regulations all references to a registrar (and, if applicable, a
reseller) shall be read to apply to Reseller. Start-Business-Today.com may
enforce all obligations imposed therein on registrars towards Reseller and its
customers, independently from actions taken by the registries. Start-Business-Today.com
determines if and how such terms and conditions apply in given situations,
subject to further clarification by the registry itself.
present and acquire explicit assent to the applicable domain registry(s)’s
terms and conditions from intended domain name holders shall enforce applicable
domain registry(s)’s terms and conditions upon its customers, including
registered domain name holders. Start-Business-Today.com has the right to do
the same directly, but only if within five working days after notice Reseller
does not itself appropriately enforce such terms and conditions.
Reseller shall fully cooperate with any domain name transfer
request by any of its customers and complete the request within five working
days. Unless a registry’s terms and conditions state otherwise, Reseller may
not suspend a transfer even when the domain name holder has outstanding
invoices with Reseller.