- Support Area
- info@eBiziner.com
Please read our universal terms and conditions of using products and services carefully, as it contains very important information regarding your legal rights.
This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage, export, and delete your information.
eBiziner Privacy Policy and Terms and Conditions - Last Revised: 2026-09-06
Last Revised: September 12, 2026
Please read these Terms and Conditions carefully. They contain important information regarding your legal rights, responsibilities, remedies and limitations.
These Terms and Conditions govern your use of the eBiziner website, accounts, products and services.
They consist of the Universal Terms of Service Agreement and, where applicable, the Service Agreements and policies identified below.
If a Service-specific agreement conflicts with the Universal Terms, the Service-specific agreement controls only with respect to that particular Service.
Universal Terms of Service Agreement
Our Privacy Policies
Our Use of Cookies, Web Beacons, and Similar Technologies
Domain Name Registration Agreement
Uniform Domain Name Dispute Resolution Policy
Email Marketing Services
Website Builder / Website Services Agreement
Websites + Marketing / Assisted Website Services
Arabic / Multilingual Website Services
Online Stores / E-Commerce Services
Storefront and Appointment Services
Hosting Agreement
Managed SSL
Support Plans
WordPress Premium Support
Website Care
Starter Website – Built For You
Website Makeover Services
Logo Design Services
eBiziner Social
Digital Marketing Suite
eBiziner Conversations
Analytics
e-Business Builder / Online Branch
B2B / B2B2C Services
Market Builder / Multi-Vendor Marketplace
SEO / SEM / Digital Marketing Services
Professional and Consulting Services
Third-Party Software, Themes, Plugins and Licences
AI-Generated Content
Customer Content, Data and Website Portability
Backups and Data Recovery
Security
Third-Party Payment Services
Customer Legal and Regulatory Compliance
Data Processing Addendum
GDPR Policy
Refund Policy
Service Level Agreement
Acceptable Use Policy
Trademark and Copyright Policy
Licences Terms
Freelancer Terms
Academy Terms
Market Terms
Customer Negligence and Inaction
Third-Party Infrastructure and Integrations
Marketing and Customer Showcase
Electronic Communications
Notices
Language
Survival
Service-Specific Interpretation
Services Not Currently Offered
Governing Law and Venue
Contact Information
This Universal Terms of Service Agreement (“Agreement”) is entered into between eBiziner Inc. (“eBiziner”, “we”, “us” or “our”) and the individual or legal entity using or purchasing the Services (“Customer”, “you” or “your”).
This Agreement becomes effective when you access the Site, create an Account, purchase a Service, electronically accept these Terms, or otherwise use a Service.
This Agreement governs your use of the eBiziner website (“Site”), your eBiziner Account and the products and services purchased or accessed through the Site (collectively, the “Services”).
Additional Service Agreements and policies apply to certain Services and form part of this Agreement.
If a Service-specific agreement conflicts with this Agreement, the Service-specific agreement controls only with respect to the applicable Service.
The terms “we”, “us” and “our” refer to eBiziner.
The terms “you”, “your”, “Customer”, “User” and “customer” refer to the individual or entity using the Services and, where applicable, any person authorized by that Customer to access the Account.
Nothing in this Agreement is intended to confer rights upon a third party unless expressly stated.
You represent that you are legally capable of entering into a binding agreement.
If you accept this Agreement on behalf of a company, organization or other legal entity, you represent that you have authority to bind that entity.
Certain Services require an Account.
You agree to provide accurate, current and complete information and to keep that information updated.
Customer is responsible for all activity conducted through its Account.
Accounts may not be sold, transferred or assigned except with eBiziner’s prior written consent or where otherwise permitted by applicable law.
Customer is responsible for maintaining the confidentiality and security of Account credentials.
Customer must use appropriate passwords, authentication methods and access controls.
Customer must promptly notify eBiziner of suspected unauthorized access.
eBiziner is not responsible for losses resulting from Customer’s failure to maintain appropriate Account security, except to the extent liability cannot lawfully be excluded.
Customer is responsible for:
Customer Content;
website content;
products and services;
product descriptions;
pricing;
inventory;
taxes;
shipping;
refunds;
warranties;
customer communications;
payment configuration;
domain information;
privacy notices;
cookie notices;
consent mechanisms;
third-party integrations;
plugins;
themes;
custom code;
Account security;
business operations;
legal compliance; and
obtaining all permissions, licences and consents required for Customer’s activities.
eBiziner provides technology, hosting, software-related and professional services within the applicable Service scope.
eBiziner does not become the operator of Customer’s business merely because it provides the Services.
Customer is responsible for reviewing information, configurations, website content, AI-generated content, product information, marketing material, technical changes and other work before publication or use.
Customer approvals may be provided electronically.
Failure to review or approve information does not transfer responsibility for that information to eBiziner.
Descriptions on the Site, demonstrations, marketing materials, examples, screenshots and general support communications are informational unless expressly incorporated into an applicable Order, Service Agreement or written commitment.
No marketing statement creates a warranty, guarantee, SLA or other contractual commitment unless expressly stated as such.
Customer agrees to pay all applicable fees when due.
Prices may vary by Service, plan, billing term, currency, taxes, promotional offer or other applicable conditions.
Customer is responsible for applicable taxes unless expressly stated otherwise.
Where automatic renewal is offered and enabled, the applicable Service may renew according to the terms presented at purchase.
Customer is responsible for maintaining a valid payment method.
eBiziner may suspend or restrict Services where reasonably necessary because of:
non-payment;
material breach;
unlawful activity;
security risks;
abuse;
infringement;
excessive resource use;
risk to infrastructure;
legal or regulatory requirements;
risk to other customers; or
other circumstances reasonably requiring protective action.
Where reasonably practicable, eBiziner may provide notice and an opportunity to remedy the issue.
Immediate action may be taken where circumstances reasonably require it.
Customer may terminate a Service according to the applicable cancellation procedure.
eBiziner may terminate or discontinue a Service where permitted by this Agreement and applicable law.
Termination does not eliminate payment obligations accrued before termination.
eBiziner may modify the Site, Services, features, pricing and Terms from time to time.
Where required by applicable law, material changes will be communicated through an appropriate method.
Continued use of a Service following the applicable effective date may constitute acceptance of revised Terms to the extent permitted by law.
Except for express commitments specifically applicable to a purchased Service and rights that cannot legally be excluded, Services are provided subject to the applicable Service description and these Terms.
eBiziner does not guarantee that any Service will be uninterrupted, error-free, completely secure, compatible with every third-party product, or suitable for every particular business purpose.
To the maximum extent permitted by applicable law, eBiziner shall not be liable for indirect, incidental, special, consequential or punitive damages.
This includes loss of:
profits;
revenue;
sales;
business opportunities;
anticipated savings;
goodwill;
customers;
data;
business interruption; or
other indirect commercial loss.
This limitation includes losses arising from Customer Content, Customer configurations, Customer negligence or inaction, unsupported software, third-party services, payment providers, registrars, networks, integrations and other matters outside eBiziner’s reasonable control.
To the maximum extent permitted by applicable law, eBiziner’s aggregate liability arising from a particular Service shall not exceed the fees actually paid by Customer to eBiziner for that particular Service during the three (3) months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot legally be excluded.
Customer agrees to defend, indemnify and hold harmless eBiziner and its officers, directors, employees, contractors and service providers from claims, liabilities, damages, losses and reasonable costs arising from:
Customer Content;
Customer’s business;
Customer’s products or services;
Customer’s violation of law;
Customer’s violation of third-party rights;
Customer’s misuse of the Services;
Customer’s negligence or intentional misconduct; or
claims arising from Customer’s customers, vendors, employees or users.
Last Revised: September 12, 2026
eBiziner respects the privacy of individuals whose personal information it processes.
eBiziner collects and uses personal information as necessary to operate its business, provide requested Services, maintain Accounts, process transactions, provide support, communicate with customers, meet legal obligations and perform other lawful activities.
Personal information may include:
name;
address;
telephone number;
email address;
billing information;
payment-related information;
Account information;
communications with eBiziner;
job applicant information;
technical information;
website and service usage information; and
other information that may directly or indirectly identify an individual.
Information may be collected when you:
create an Account;
purchase or use Services;
contact support;
complete forms;
request information;
subscribe to communications;
participate in surveys or promotions;
apply for employment; or
otherwise interact with eBiziner.
eBiziner may also receive information from service providers, payment processors, analytics providers, security providers and other third parties.
eBiziner may contact you regarding:
Account activity;
transactions;
billing;
security;
technical matters;
Services you purchased;
service changes;
support requests; and
other communications permitted by law.
Marketing communications will be handled according to applicable law and available subscription preferences.
eBiziner is not responsible for the privacy practices of third-party websites or services.
You should review the privacy policies of third-party services before using them.
Personal information may be processed in countries other than the country in which you reside where permitted by applicable law and where necessary for the provision of Services or operation of eBiziner’s business.
Where legally required, appropriate transfer mechanisms will be used.
eBiziner may retain information for as long as reasonably necessary to provide Services, meet contractual and legal obligations, maintain business and financial records, resolve disputes, enforce agreements and protect legitimate business interests.
Subject to applicable law, individuals may have rights to access, correct, delete, restrict or otherwise control certain personal information.
Requests may be submitted to:
Some information may be retained where required by law or where necessary for legitimate business purposes.
Privacy concerns may be submitted to eBiziner at:
Where applicable, individuals may also have the right to contact the relevant data protection authority.
Last Revised: September 12, 2026
eBiziner and authorized service providers may use cookies, web beacons, pixels, tags, local storage and similar technologies.
These technologies may be used for:
authentication;
security;
website functionality;
preferences;
analytics;
performance;
service improvement;
fraud prevention; and
marketing where permitted.
Third-party services may use their own technologies according to their own policies.
You may control certain cookies through browser settings and, where available, eBiziner’s cookie or privacy settings.
Disabling essential cookies may affect certain website functionality.
Customer is responsible for implementing legally required cookie notices and consent mechanisms on Customer’s own website.
eBiziner does not sell personal information as part of its ordinary business model.
Domain registrations are subject to applicable registrar, registry, ICANN, TLD and country-code policies where applicable.
Customer agrees to comply with all applicable registry and registrar requirements.
Customer is responsible for providing accurate registration information and keeping it current.
Customer is responsible for monitoring domain expiration dates and maintaining access to the Account associated with the domain.
Domain registration, transfer, renewal, suspension, deletion and restoration may be affected by third-party registry or registrar policies.
eBiziner does not guarantee availability of any requested domain name.
Where a third-party registrar or registry is used, its applicable terms may apply.
eBiziner does not represent that it is an ICANN-accredited registrar unless expressly identified as such for the applicable domain service.
Pre-registration does not guarantee successful registration.
A requested domain may be registered by another party or may be unavailable under applicable registry policies.
Country-code domains may be subject to local eligibility requirements, registration restrictions and local dispute policies.
Customer is responsible for satisfying applicable requirements.
Restricted domains may require additional verification, documentation or government/registry approval.
Registration may be delayed, rejected, suspended or cancelled where required by applicable rules.
Where applicable, domain registrations are subject to the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and applicable registry or country-code dispute policies.
Customer agrees to comply with applicable dispute-resolution procedures.
The applicable current policy and mandatory registry rules control where they conflict with this Agreement.
Customer is solely responsible for:
mailing lists;
recipient permissions;
consent;
email content;
sender identity;
physical address requirements;
unsubscribe mechanisms;
suppression lists;
claims made in communications; and
compliance with applicable anti-spam laws.
Customer represents that email marketing content will not be false, deceptive or misleading.
eBiziner does not guarantee:
delivery rates;
inbox placement;
open rates;
click rates;
conversions;
sales; or
marketing results.
eBiziner may restrict or suspend campaigns that create legal, security, abuse, spam or deliverability risks.
Website Services may include WordPress, WooCommerce, themes, plugins, templates, hosting, SSL, design tools, AI-assisted tools and related components depending on the selected Service.
Customer acknowledges that WordPress, WooCommerce, themes, plugins and other third-party components remain subject to their applicable licences.
Customer is responsible for Customer Content, products, pricing, business information, legal notices and website configuration.
eBiziner may decline to install or support software that is:
incompatible;
unsupported;
insecure;
unlicensed;
malicious;
obsolete; or
otherwise unsuitable for the environment.
Third-party plugin or theme troubleshooting may be separately chargeable.
Customer remains responsible for all information published through the website.
Any sample Terms, Privacy Policy, Cookie Policy or similar text supplied by eBiziner is provided for informational purposes only.
Customer must obtain appropriate legal advice and determine whether such content is suitable for its business.
eBiziner does not guarantee the legal sufficiency of sample legal text.
Where offered, Websites + Marketing or Assisted Website Services may include website creation, content assistance, marketing tools, social-media integrations, analytics and related functionality.
The exact scope depends on the applicable Service.
Customer remains responsible for final content approval.
eBiziner does not guarantee particular marketing or commercial outcomes.
Any website components supplied through third-party platforms remain subject to applicable third-party terms.
Multilingual or Arabic website services may include RTL configuration, language setup, translation assistance or related services depending on the applicable Service.
Customer remains responsible for reviewing translations and ensuring that translated content is accurate and legally appropriate.
eBiziner does not guarantee translation accuracy, legal equivalence or cultural suitability unless expressly agreed in writing.
eBiziner may provide technology enabling Customer to operate an online store.
Customer is solely responsible for:
products;
descriptions;
pricing;
inventory;
taxes;
shipping;
returns;
refunds;
warranties;
consumer rights;
payment methods;
customer service; and
legal compliance.
eBiziner is not the seller, merchant of record, payment processor or supplier of Customer’s products unless expressly agreed in writing.
Where available, Storefront and Appointment Services may provide tools for displaying products, services, schedules, appointments or related information.
Customer is responsible for:
appointment availability;
pricing;
service descriptions;
customer communications;
cancellations;
refunds;
staff availability;
business rules; and
legal compliance.
eBiziner does not guarantee bookings, appointments, attendance, sales or business results.
eBiziner may provide web hosting, managed WordPress hosting, business hosting, VPS hosting, dedicated hosting or other hosting configurations depending on the selected Service.
Resources, storage, CPU, memory, bandwidth, databases, processes, accounts and other limits depend on the applicable plan.
Customer must not use hosting Services for unlawful, abusive, fraudulent, malicious or prohibited activities.
Customer remains responsible for software and content installed or supplied by Customer.
If Customer requests installation of Third-Party Software, Customer represents that Customer has the right and licence to use that software.
eBiziner may use third-party infrastructure providers where appropriate.
Where SSL is included or purchased, eBiziner may facilitate installation, configuration or management of SSL certificates.
Certificate issuance and validation may depend on third-party certificate authorities.
eBiziner does not guarantee certificate issuance where validation requirements are not satisfied.
Customer remains responsible for maintaining accurate domain and validation information.
Support is provided according to the applicable support plan.
Support may be provided on a best-effort basis unless a specific written SLA applies.
Support does not automatically include:
custom development;
unsupported third-party software;
business consulting;
legal advice;
data recovery outside available backups;
third-party service failures; or
work outside the purchased scope.
Out-of-scope work may be separately charged.
WordPress Premium Support may include troubleshooting, updates, configuration, maintenance or other WordPress-related assistance.
Services are generally provided on a best-effort basis unless expressly stated otherwise.
eBiziner may use administrative tools or plugins necessary to perform requested maintenance.
Customer authorizes eBiziner to access relevant WordPress files and configurations solely as reasonably necessary to provide the applicable Service.
eBiziner does not guarantee resolution of every WordPress issue.
Customer remains responsible for maintaining independent backups.
Website Care may include updates, maintenance, monitoring or other routine assistance according to the selected plan.
Customer remains responsible for:
website content;
business-critical decisions;
unsupported software;
custom code;
third-party integrations; and
independent backups of critical data.
Where offered, Starter Website – Built For You provides a limited website setup service according to the applicable offer.
The scope, duration and included features are determined by the applicable purchase or promotion.
Customer remains responsible for supplying required content and information.
eBiziner does not guarantee that the resulting website will satisfy every business or design preference.
Website Makeover Services may include design, layout, content presentation, configuration or other improvements.
The applicable order defines the scope.
Customer is responsible for reviewing and approving the final result.
Additional revisions or requests outside the agreed scope may be separately charged.
Logo Design Services, where offered, are provided according to the applicable order.
Customer is responsible for ensuring that supplied names, symbols, images and other materials may lawfully be used.
eBiziner does not guarantee trademark registration or worldwide non-infringement unless expressly agreed in writing.
Where eBiziner Social is offered, it may provide tools or services for social-media publishing, management, content or related functionality.
Customer remains responsible for:
social-media accounts;
content;
permissions;
copyright;
claims;
advertising compliance;
platform rules; and
final approval of published material.
eBiziner may remove or restrict content where reasonably necessary to address legal, security, abuse or platform-policy concerns.
eBiziner does not guarantee social-media reach, engagement, followers, leads or sales.
Digital Marketing Suite may include combinations of:
email marketing;
social-media connections;
SEO tools;
analytics;
marketing dashboards; and
related digital marketing features.
The actual features depend on the selected Service.
Third-party platforms may modify or discontinue integrations.
eBiziner does not guarantee rankings, traffic, leads, engagement, conversions or sales.
Where eBiziner Conversations is offered, it may provide tools enabling website visitors or customers to communicate with the Customer through supported messaging, communication or related functionality.
Customer is responsible for:
the content of communications;
contact lists;
consent;
lawful use;
customer communications;
applicable messaging rules; and
compliance with telecommunications and privacy requirements.
Use may require an eBiziner Account and additional authentication information.
Customer is responsible for Account security.
eBiziner Conversations may depend on telecommunications networks, mobile carriers, Internet connectivity and third-party communication services.
eBiziner is not responsible for failures caused by third-party telecommunications providers.
Unless expressly stated otherwise, eBiziner Conversations must not be relied upon for emergency services.
Customers should use their applicable local emergency service for emergency calls.
Customer is responsible for Internet, mobile-data and telecommunications charges imposed by its provider.
Message data may be stored, processed, synchronized or transmitted as reasonably necessary to provide the Service.
Retention depends on the applicable Service and applicable law.
Following cancellation, access to historical message data may no longer be available.
Customer should retain independent copies of critical information where appropriate.
Where eBiziner Conversations connects to third-party services, those services may impose their own technical and privacy limitations.
Customer authorizes only those integrations that Customer activates or otherwise requests.
Where a plan includes messaging allowances described as unlimited or otherwise subject to fair use, eBiziner may apply reasonable usage controls to prevent abuse, excessive automated use or material impact on infrastructure.
Any applicable overage or fair-use terms presented at purchase or in the applicable plan will apply.
Where analytics are included, analytics may collect technical and usage information such as:
IP address;
visit time;
browser information;
device information;
referring information;
approximate location; and
other permitted analytics information.
Customer is responsible for determining whether Customer’s use of analytics requires notices, consent or other legal measures.
Customer must not use analytics tools to collect information in violation of applicable law or the applicable analytics provider’s terms.
eBiziner does not guarantee accuracy of third-party analytics data.
e-Business Builder provides digital tools intended to function as a customer-facing digital extension or “Online Branch” of a business.
The Service may facilitate:
customer self-service;
requests;
communication;
digital interactions;
sales;
services;
information delivery; and
business workflows.
eBiziner provides the technology.
Customer remains responsible for operating its business, responding to customers, fulfilling orders and requests, and complying with applicable laws.
The Service does not make eBiziner an operator, seller, agent, employee or representative of Customer.
B2B and B2B2C Services may provide tools for business-to-business transactions, workflows, pricing, accounts, ordering or related functionality.
Customer remains responsible for its relationships with:
distributors;
resellers;
business customers;
suppliers;
partners; and
other commercial counterparties.
Customer is responsible for commercial terms, taxes, contracts, pricing, credit decisions and legal compliance.
eBiziner does not guarantee B2B sales, contracts, customers or revenue.
Market Builder may provide technology for a multi-vendor or multi-seller marketplace using WordPress, WooCommerce and applicable marketplace software.
Customer/operator is responsible for:
vendor onboarding;
vendor verification;
vendor agreements;
vendor content;
products;
pricing;
commissions;
payouts;
taxes;
shipping;
refunds;
consumer protection;
disputes;
intellectual-property complaints; and
marketplace operations.
eBiziner is a technology provider unless expressly agreed otherwise.
eBiziner does not automatically become:
the marketplace operator;
the seller;
the vendor;
the merchant of record;
the payment intermediary; or
the party responsible for vendor conduct.
eBiziner does not have a general obligation to proactively monitor marketplace activity unless expressly agreed or required by law.
SEO, SEM, advertising, content marketing and digital marketing services are provided according to the applicable scope.
Search engines, advertising platforms and social networks may change algorithms, policies and availability without notice.
eBiziner does not guarantee:
rankings;
traffic;
leads;
advertising approval;
conversions;
sales;
revenue; or
return on investment.
Professional and consulting Services are provided according to the applicable scope.
Unless expressly agreed otherwise, eBiziner does not guarantee any particular financial, technical, operational or commercial outcome.
Legal, tax, accounting or regulatory advice is not included unless eBiziner is expressly engaged and legally qualified to provide such advice.
Customer acknowledges that third-party software remains subject to its own licence terms.
eBiziner may provide, install, activate, procure, sublicense or make available third-party software only where permitted by the applicable licence.
No third-party licence shall be considered transferable or sublicensable unless the applicable licence permits it.
Customer must comply with all applicable third-party licence terms.
eBiziner does not guarantee continued availability of third-party software.
A third-party vendor may change, discontinue or restrict its product independently of eBiziner.
eBiziner may provide AI-assisted tools for generating or assisting with:
website content;
product descriptions;
text;
images;
suggestions;
code;
marketing content; or
other material.
AI output may contain errors, omissions, inaccuracies or unsuitable content.
Customer must review and approve AI-generated content before publication or use.
eBiziner does not guarantee that AI output is:
accurate;
complete;
original;
non-infringing;
legally sufficient; or
suitable for a particular purpose.
Customer remains responsible for final use of AI-generated content.
Subject to third-party rights and applicable licences, Customer retains ownership of Customer Content.
Customer Content includes information, text, images, products, data and other materials supplied by Customer.
eBiziner retains ownership of:
eBiziner software;
automation;
proprietary systems;
platform components;
documentation;
trademarks;
branding;
internal processes; and
other eBiziner intellectual property.
Where technically and legally permitted, Customer may migrate Customer-owned data and content.
eBiziner does not guarantee compatibility of every theme, plugin, integration, custom code or configuration with a destination provider.
Migration assistance may be separately chargeable.
Where backups are included in a Service, they are intended to support operational recovery.
Backup frequency, scope and retention depend on the applicable Service.
Backups are not an absolute guarantee against data loss.
Customer should maintain independent backups of critical data.
eBiziner is not responsible for loss resulting from:
Customer deletion;
changes made after a backup;
corrupted source data;
unsupported configurations;
third-party failures;
expired retention periods;
Customer-requested deletion;
force majeure; or
other matters outside eBiziner’s reasonable control.
eBiziner may implement reasonable technical and organizational measures appropriate to the applicable Service.
No Internet-connected system can be guaranteed to be completely secure.
Customer remains responsible for:
credentials;
passwords;
devices;
plugins;
themes;
custom code;
third-party integrations;
connected services; and
access permissions under Customer’s control.
Customer must promptly notify eBiziner of suspected security incidents affecting eBiziner infrastructure.
Payment services may be provided by third-party providers.
Customer is responsible for selecting, configuring and maintaining payment providers.
Customer is responsible for:
payment-provider agreements;
verification;
settlement;
refunds;
chargebacks;
taxes;
fraud controls; and
compliance.
eBiziner does not control payment authorization, settlement, chargebacks or payment-provider availability.
Customer is solely responsible for determining the laws and regulations applicable to Customer’s business.
This may include:
consumer protection;
privacy;
data protection;
tax;
advertising;
product safety;
intellectual property;
accessibility;
e-commerce;
payments;
shipping;
export controls; and
industry-specific requirements.
Customer should obtain appropriate legal, tax or professional advice where necessary.
Where eBiziner processes Personal Data on behalf of Customer in connection with a Covered Service, this Data Processing Addendum (“DPA”) applies.
“Personal Data” means information relating to an identified or identifiable individual as defined by applicable data-protection law.
“Processing” has the meaning assigned by applicable data-protection law.
“Controller” means the entity determining the purposes and means of processing.
“Processor” means the entity processing Personal Data on behalf of a Controller.
“Covered Services” means hosted Services where eBiziner processes Personal Data on behalf of Customer.
Where Customer determines the purposes and means of processing Personal Data, Customer generally acts as Controller and eBiziner acts as Processor where legally applicable.
eBiziner may act as an independent Controller for Personal Data it processes for its own legitimate business purposes.
eBiziner will process Personal Data according to Customer’s documented instructions to the extent required by applicable law and the applicable Service.
Customer is responsible for ensuring that its instructions are lawful.
eBiziner will use appropriate confidentiality measures for personnel authorized to process Personal Data.
eBiziner may maintain technical and organizational measures appropriate to the nature of the processing and risks involved.
Such measures may include access controls, authentication, encryption where appropriate, monitoring, backup processes, physical security and security procedures.
No security measure eliminates all risk.
eBiziner may use service providers and subprocessors where reasonably necessary to provide the Services.
Where required by applicable law, applicable authorization and notification procedures will apply.
Where reasonably required, eBiziner may assist Customer with data-subject requests relating to Personal Data processed on Customer’s behalf.
Customer remains responsible for responding to data subjects unless applicable law provides otherwise.
Where required by applicable law, eBiziner will provide appropriate notice of confirmed security incidents affecting Personal Data processed on behalf of Customer.
Where Personal Data is transferred internationally, the parties will use legally recognized transfer mechanisms where required by applicable law.
Following termination of a Covered Service, eBiziner may delete or return Customer Personal Data according to the applicable Service, retention requirements and applicable law.
eBiziner may retain information where legally required or reasonably necessary to establish, exercise or defend legal claims.
Where required by applicable law, Customer may request reasonable information regarding eBiziner’s data-processing measures.
Audits shall be subject to reasonable security, confidentiality, operational and cost limitations.
Where the EU General Data Protection Regulation (“GDPR”) or another applicable data-protection law applies, eBiziner will address applicable obligations according to its legal role.
eBiziner may maintain policies and procedures relating to:
data protection;
data retention;
data deletion;
data subject rights;
access requests;
privacy by design;
security;
breach response; and
records of processing where required.
Individuals may have rights including:
access;
correction;
deletion;
restriction;
objection;
portability; and
other rights provided by applicable law.
The availability and scope of these rights depend on the circumstances and applicable law.
eBiziner does not promise that every request will result in deletion or other action where retention is legally required or otherwise permitted.
Refund eligibility depends on the applicable Service and the refund terms presented at purchase.
Where permitted by law, the following may be non-refundable:
domain registration;
domain renewal;
third-party licences;
custom work;
professional Services already performed;
completed setup work;
consumed usage; and
other Services specifically identified as non-refundable.
Where a refund is available, Customer must request it according to the applicable procedure and within the applicable refund period.
Nothing in this Refund Policy limits mandatory statutory consumer rights.
An SLA applies only where expressly incorporated into the applicable Service plan, Order or written agreement.
General marketing statements do not create an SLA.
An applicable SLA may define:
uptime;
maintenance windows;
exclusions;
response times;
service credits;
measurement methodology; and
Customer eligibility.
Where an SLA provides service credits as a remedy, those credits constitute the applicable remedy for the relevant SLA failure to the maximum extent permitted by law.
No universal uptime commitment is created by these Terms.
Customer shall not use the Services for:
unlawful activity;
fraud;
malware;
phishing;
unauthorized access;
infringement;
abuse;
spam;
harassment;
distribution of malicious software;
activities creating unreasonable security risk;
activities causing material harm to infrastructure; or
other prohibited activities under applicable law.
eBiziner may restrict, suspend or terminate activity reasonably believed to violate this Policy.
Customer must not use eBiziner trademarks, logos or brand assets in a manner that suggests unauthorized endorsement, ownership or affiliation.
Customer remains responsible for ensuring that Customer Content does not infringe third-party intellectual-property rights.
Where eBiziner receives a valid infringement notice, it may investigate and take action as appropriate.
eBiziner does not guarantee that every complaint will result in removal or other action.
eBiziner retains ownership of its proprietary software, trademarks, systems and intellectual property.
Customer receives only those rights expressly granted under the applicable Service.
Third-party software is governed by applicable third-party licences.
No transfer of a third-party licence is promised where such transfer is prohibited or restricted.
Cancellation of a Service may terminate rights that were provided solely through that Service, subject to Customer’s rights under applicable third-party licences.
Where eBiziner engages independent freelancers or contractors, those relationships may be governed by separate agreements.
Freelancers are responsible for complying with applicable confidentiality, intellectual-property, privacy and contractual obligations.
Nothing in these Terms creates an employment relationship between eBiziner and a freelancer unless expressly agreed.
Where eBiziner provides educational, training or Academy content, such content is provided for informational and educational purposes.
Educational content does not constitute legal, tax, financial or professional advice unless expressly stated.
Results from applying educational material may vary.
Market-related programs, services or participation may be subject to additional Market Terms.
Participation does not make eBiziner responsible for products, services, vendors, sellers or transactions unless expressly agreed.
Customer acknowledges that successful use of the Services may depend on Customer actions, information, approvals, configurations, renewals, payments and cooperation.
To the maximum extent permitted by law, eBiziner shall not be responsible for loss, damage, interruption, delay, security incident, data loss or other consequences resulting from Customer’s:
failure to provide information;
failure to review or approve materials;
failure to respond to communications;
failure to maintain credentials;
failure to renew a domain;
failure to renew a licence;
failure to renew a third-party service;
failure to maintain compatible software;
failure to follow instructions;
failure to maintain independent backups;
use of unsupported software;
installation of incompatible plugins;
changes to website configuration;
use of insecure passwords;
failure to configure business settings;
failure to comply with applicable law;
failure to comply with third-party terms; or
other negligent or intentional act or omission.
Nothing in this section excludes liability that cannot legally be excluded.
Services may depend on:
registrars;
registries;
payment providers;
telecommunications providers;
cloud or infrastructure providers;
software vendors;
APIs;
plugins;
themes;
networks;
advertising platforms;
social-media platforms; and
other third-party services.
eBiziner is not responsible for failures caused exclusively by third parties outside eBiziner’s reasonable control.
Changes or discontinuation of third-party services may affect the availability or functionality of a Service.
Subject to applicable law and confidentiality obligations, eBiziner may identify Customer as an eBiziner customer and display Customer’s name, logo or website for ordinary marketing or portfolio purposes where permitted.
Customer may request removal where an applicable agreement or law provides such right.
Customer agrees that eBiziner may communicate electronically regarding:
Accounts;
transactions;
invoices;
Services;
security;
support;
legal notices; and
other matters related to the Customer relationship.
Electronic communications may satisfy legal communication requirements where permitted by law.
Notices to eBiziner may be sent to:
Notices to Customer may be sent to the email address associated with the Account or through another appropriate electronic method.
Customer is responsible for maintaining current contact information.
eBiziner is not responsible for failure to receive communications resulting from inaccurate or inaccessible Customer contact information.
The English version of these Terms is intended to be the controlling version where permitted by applicable law.
Where mandatory law requires another language to have equal or controlling effect, the applicable law will govern.
Provisions concerning:
payment obligations;
intellectual property;
confidentiality;
privacy;
data processing;
indemnification;
limitation of liability;
dispute resolution;
ownership;
Customer obligations; and
other provisions intended by their nature to survive
shall survive termination or expiration of the applicable Service.
If a Service-specific agreement conflicts with these Universal Terms, the Service-specific provision controls only for that Service.
A provision applicable to one Service does not automatically create an obligation for another Service.
No Service description shall be interpreted as creating obligations beyond its stated scope.
The following services are not currently offered by eBiziner and should not be interpreted as active Services merely because historical references may remain in legacy documentation:
Facebook Page Designer is not currently offered by eBiziner.
ChowNow integration or service is not currently offered by eBiziner.
IDX Broker services are not currently offered by eBiziner.
Historical references to these services do not create an obligation for eBiziner to provide them.
If any of these Services are reintroduced in the future, they will be subject to applicable current terms.
TO BE CONFIRMED BY EBIZINER’S LEGAL COUNSEL BEFORE PUBLICATION.
This Agreement shall be governed by the laws of [JURISDICTION], without regard to conflict-of-law principles, subject to mandatory laws applicable to Customer.
Any dispute shall be subject to the courts of [VENUE], except where applicable law requires otherwise.
eBiziner Inc.
30th Floor, 360 Main Street
Winnipeg MB R3C 4G1
Canada
Email: info@ebiziner.com
Last Revised: September 12, 2026
Last Revised: September 12, 2026
eBiziner Inc. (“eBiziner”, “we”, “us” or “our”) respects the privacy and protection of personal data and is committed to processing personal data in accordance with applicable data protection and privacy laws, including, where applicable, the European Union General Data Protection Regulation (EU) 2016/679 (“GDPR”) and applicable data protection legislation implementing or supplementing the GDPR.
This GDPR Policy explains the general principles and framework that eBiziner applies when processing personal data.
This Policy should be read together with our Privacy Policy, Data Processing Addendum (DPA), applicable Terms & Conditions and other service-specific agreements.
This Policy applies to personal data processed by eBiziner in connection with its websites, platforms, products, services, customer accounts, support services and other business activities, to the extent that applicable data protection law applies.
The GDPR may apply to particular processing activities depending on factors including the location of the individual, the location of the organization, the nature of the services and the circumstances of the processing.
The applicability of the GDPR to a particular Customer, end user, website visitor or processing activity does not automatically mean that every eBiziner service or processing activity is subject to the GDPR.
eBiziner is committed to:
processing personal data lawfully, fairly and transparently;
collecting and using personal data only for legitimate and specified purposes;
limiting personal data to what is reasonably necessary for the relevant purpose;
taking reasonable measures to maintain the accuracy of personal data;
retaining personal data only for as long as reasonably necessary or legally required;
protecting personal data against unauthorized access, alteration, disclosure, loss or destruction;
respecting applicable data subject rights; and
maintaining appropriate technical and organizational measures appropriate to the risks associated with processing.
Nothing in this Policy constitutes a representation that eBiziner is subject to every provision of the GDPR in every circumstance or that a particular processing activity is automatically GDPR-regulated.
Depending on the service and processing activity, eBiziner may act as either a Data Controller or a Data Processor under the GDPR.
eBiziner generally acts as a Controller when it determines the purposes and means of processing personal data for its own business purposes, including where applicable:
customer account administration;
billing and payment administration;
customer communications;
service administration;
security and fraud prevention;
website and platform analytics;
legal and regulatory compliance;
marketing activities where permitted; and
operation and improvement of eBiziner’s own services.
The applicable Privacy Policy provides additional information regarding these processing activities.
eBiziner may act as a Processor where it processes personal data on behalf of a Customer and in accordance with the Customer’s documented instructions.
Examples may include personal data contained in a Customer’s website, online store, CRM-related functions, forms, customer accounts, appointment systems, mailing lists or other applications operated through eBiziner services.
In such circumstances, the Customer generally remains the Controller of that personal data and is responsible for determining the lawful purposes and means of processing.
The applicable Data Processing Addendum (DPA) governs Processor activities where required by applicable law.
Where the Customer uses eBiziner services to collect, store, transmit or otherwise process personal data relating to its own customers, users, employees, vendors or other individuals, the Customer is responsible for:
determining the lawful basis for processing;
providing appropriate privacy notices;
obtaining consent where consent is required;
responding to requests from its data subjects;
ensuring that its collection and use of personal data is lawful;
configuring its website, forms, cookies, analytics and marketing tools appropriately;
determining appropriate retention periods;
ensuring that its content and processing instructions are lawful;
obtaining any required permissions or authorizations;
selecting and configuring third-party services;
maintaining appropriate access controls; and
complying with applicable privacy, consumer protection, marketing, employment and other laws.
eBiziner is not responsible for the Customer’s failure to comply with applicable data protection laws or for unlawful processing carried out through a Customer-controlled website, application, account or service.
Where eBiziner acts as Controller, eBiziner determines the appropriate legal basis for processing personal data based on the relevant processing activity.
Depending on the circumstances, lawful bases may include:
performance of a contract;
compliance with a legal obligation;
legitimate interests;
consent; or
another lawful basis recognized by applicable data protection law.
Where the Customer acts as Controller, the Customer is responsible for determining and documenting the lawful basis for its own processing activities.
eBiziner seeks to process personal data only for specified, explicit and legitimate purposes and to limit the collection and use of personal data to what is reasonably necessary for those purposes.
eBiziner does not intend to collect personal data merely because it is available or technically accessible.
eBiziner retains personal data only for as long as reasonably necessary for the relevant purpose, contractual relationship, legitimate business need, security requirement or legal obligation.
Retention periods may vary depending on:
the type of data;
the purpose of processing;
the nature of the service;
contractual requirements;
security and operational requirements;
accounting and tax requirements; and
applicable legal obligations.
When personal data is no longer required, eBiziner may delete, anonymize or otherwise securely dispose of it, subject to applicable legal, contractual, backup and technical requirements.
Data contained in backups may remain for a limited period after deletion from active systems in accordance with applicable backup and retention procedures.
Subject to applicable law and any applicable legal exceptions, individuals may have rights including:
the right to access personal data;
the right to obtain information about processing;
the right to correct inaccurate or incomplete personal data;
the right to request erasure;
the right to request restriction of processing;
the right to object to certain processing;
the right to data portability where applicable;
the right to withdraw consent where processing is based on consent; and
the right to lodge a complaint with a competent supervisory authority.
These rights are not absolute and may be subject to legal conditions, exemptions and limitations.
Individuals may submit applicable privacy requests through the contact method identified in eBiziner’s Privacy Policy.
Where eBiziner acts as a Processor on behalf of a Customer, requests relating to Customer-controlled personal data should generally be directed to the relevant Customer.
Where required by applicable law and the applicable DPA, eBiziner will provide reasonable assistance to the Customer in responding to valid data subject requests.
eBiziner may take reasonable steps to verify the identity and authority of a requester before disclosing, modifying or deleting personal data.
Where GDPR applies, eBiziner generally seeks to respond to valid data subject requests within one month, subject to the conditions, extensions and exceptions permitted by applicable law.
Personal data may be processed or transferred across countries where eBiziner, its service providers, infrastructure providers or other authorized recipients operate.
Where the GDPR applies to a transfer, eBiziner will seek to use an appropriate lawful transfer mechanism where required, which may include:
an adequacy decision;
Standard Contractual Clauses (“SCCs”);
another lawful transfer mechanism recognized under applicable law; or
another applicable safeguard or exemption.
The availability and use of a particular transfer mechanism may depend on the specific processing activity, destination country, service provider and applicable law.
eBiziner may engage third-party service providers to support the delivery, security, operation and administration of its services.
Depending on their role, such providers may process personal data on behalf of eBiziner or a Customer.
Where eBiziner acts as a Processor and applicable law requires authorization or other contractual controls for Sub-processors, eBiziner will apply the requirements set out in the applicable DPA.
Third-party providers may include, depending on the services used, providers of:
hosting and infrastructure;
data storage and backup;
email and communications;
payment processing;
analytics;
security and fraud prevention;
customer support;
domain and DNS services;
software and integrations; and
other technology services.
Customers remain responsible for reviewing and configuring third-party services that they independently select or connect to their websites or accounts.
eBiziner maintains technical and organizational measures designed to protect personal data against unauthorized access, accidental or unlawful destruction, loss, alteration or disclosure.
Depending on the relevant service and risk, such measures may include:
access controls;
authentication mechanisms;
authorization controls;
encryption where appropriate;
secure transmission mechanisms;
system monitoring;
logging;
vulnerability management;
backup and recovery procedures;
security updates;
administrative controls; and
incident response procedures.
Security measures may differ depending on the nature of the service, technical environment and risk involved.
No Internet-based system can be guaranteed to be completely secure. Accordingly, eBiziner does not warrant that unauthorized access, security incidents or data breaches can never occur.
eBiziner maintains procedures for identifying, assessing, containing and responding to suspected personal data breaches.
Where eBiziner acts as a Processor and becomes aware of a personal data breach affecting Customer-controlled personal data, eBiziner will notify the Customer in accordance with the applicable DPA and applicable law.
Where eBiziner acts as Controller, eBiziner will handle applicable personal data breaches in accordance with the legal obligations applicable to the relevant incident.
Notification obligations may depend on the nature, scope and risk of the incident.
Where required by applicable law, eBiziner may conduct or support Data Protection Impact Assessments (“DPIAs”) for processing activities that are likely to result in a high risk to individuals.
Where eBiziner acts as Processor, it may provide reasonable assistance to the Customer in connection with the Customer’s DPIA obligations, subject to the applicable DPA, service scope and reasonable technical capabilities.
eBiziner does not generally require Customers to provide special categories of personal data through its services.
Where a Customer chooses to process special categories of personal data through an eBiziner service, the Customer is responsible for ensuring that such processing has an appropriate legal basis and satisfies all applicable requirements.
eBiziner may restrict, refuse or suspend processing that creates an unacceptable legal, security, operational or technical risk, subject to applicable law and the applicable agreement.
Where eBiziner processes personal data for its own direct marketing purposes, it will do so in accordance with applicable privacy and electronic communications laws.
Marketing communications will include appropriate mechanisms for opting out where required.
Customers using eBiziner services for their own email marketing, SMS marketing or other direct marketing activities are independently responsible for ensuring that their campaigns comply with applicable law, including requirements relating to consent, lawful basis, transparency, unsubscribe mechanisms and recipient rights.
eBiziner does not guarantee delivery, open rates, engagement or other results from Customer marketing campaigns.
eBiziner may use cookies and similar technologies for purposes such as:
essential website functionality;
authentication;
security;
preferences;
analytics;
service improvement; and
marketing, where applicable and legally permitted.
Additional information is provided in the applicable Cookie Policy and Privacy Policy.
Customers are responsible for properly configuring cookies, consent mechanisms and tracking technologies used on their own websites where required by applicable law.
Where reasonably appropriate, eBiziner considers privacy and data protection requirements when designing and operating services and systems.
The extent of such measures depends on the nature, purpose, scope and risk of the relevant processing activity.
Where required by applicable law, eBiziner may maintain appropriate records, policies, procedures and documentation relating to its personal data processing activities.
The nature and extent of such documentation may vary depending on the applicable legal requirements and eBiziner’s role in the relevant processing activity.
eBiziner may use automation or artificial intelligence (“AI”) technologies in certain services.
Where personal data is processed through such technologies, eBiziner will apply appropriate safeguards required by applicable law where applicable.
Customers remain responsible for reviewing and appropriately configuring AI-powered features that they use through their own websites or services.
AI-generated or automated outputs should not be assumed to be accurate, complete, legally compliant or suitable for a particular purpose without appropriate human review.
Where a Customer operates a website, online store, B2B/B2C platform, Online Branch, Marketplace or other digital service using eBiziner technology, the Customer remains responsible for the privacy practices of that digital service unless eBiziner has expressly assumed a specific responsibility in a written agreement.
This includes, where applicable:
privacy notices;
cookie notices;
consent mechanisms;
customer data collection;
customer accounts;
marketing permissions;
data retention;
data deletion;
user requests;
vendor and employee data;
third-party integrations; and
regulatory compliance.
eBiziner provides technology and services and does not automatically become the legal Controller of personal data processed through a Customer’s independent business activities.
eBiziner maintains a privacy and data protection framework designed to support compliance with applicable laws.
However, compliance depends on the nature of the processing activity, applicable jurisdiction, Customer configuration, third-party services, applicable laws and other circumstances.
Accordingly, eBiziner does not represent or warrant that the use of any particular eBiziner service will, by itself, make a Customer or any Customer-controlled website compliant with the GDPR or any other privacy law.
Customers should obtain independent legal advice where they require advice regarding their specific legal obligations.
Where eBiziner processes personal data on behalf of a Customer as a Processor and the GDPR or another applicable data protection law requires a data processing agreement, the eBiziner Data Processing Addendum (DPA) will govern the relevant Processor activities.
In the event of a conflict between this general GDPR Policy and the applicable DPA regarding Processor obligations, the DPA will prevail to the extent of the conflict.
Individuals may contact eBiziner regarding privacy-related concerns using the contact information provided in the Privacy Policy.
Individuals may also have the right to lodge a complaint with the competent data protection supervisory authority in accordance with applicable law.
eBiziner may update this GDPR Policy from time to time to reflect changes in its services, processing activities, legal requirements, technology or business practices.
The latest version will be made available through the applicable eBiziner website or service.
Changes will apply prospectively unless otherwise required by applicable law.
Last Revised: September 12, 2026
This Service Level Agreement (“SLA”) defines the service availability commitments and related service-credit terms applicable to eligible eBiziner services.
This SLA forms part of the eBiziner Terms & Conditions. Unless expressly stated otherwise in the applicable service plan, order, proposal, or written agreement, no specific uptime or availability commitment applies.
This SLA applies only to services for which eBiziner expressly provides an uptime commitment.
The applicable uptime commitment is the percentage expressly stated for the relevant service or plan. An uptime commitment applicable to one service, plan, server, website, or infrastructure component shall not automatically apply to any other eBiziner service.
For the avoidance of doubt, eBiziner does not provide a universal 99.9% uptime guarantee for all products or services.
Where a plan or service expressly specifies a 99.9% monthly uptime commitment, that commitment applies only to the service and scope identified in that plan or service description.
Where an uptime commitment applies, eBiziner will use commercially reasonable efforts to make the applicable production service available during the relevant calendar month.
Unless expressly stated otherwise, availability refers to the availability of the eBiziner-controlled hosting or network infrastructure required for the applicable production service to respond to normal connection requests.
Availability does not constitute a guarantee that:
the website or application will always function without errors;
all software, plugins, themes, integrations or custom code will operate correctly;
the website will achieve any particular performance, speed, sales, conversion or business result;
third-party services will remain available;
data will never be lost, corrupted or unavailable; or
the Customer’s website will be accessible from every Internet connection, location, device or network.
Where applicable, monthly availability will generally be calculated as:
Availability % = (Total Minutes in the Measurement Period − Eligible Downtime) ÷ Total Minutes in the Measurement Period × 100
Only downtime that is within eBiziner’s responsibility and that qualifies under this SLA will be considered Eligible Downtime.
The beginning and end of an incident will be determined using eBiziner’s monitoring systems, infrastructure records, support records, logs and other reasonably reliable technical information.
Where Customer-provided information conflicts with eBiziner’s technical records, eBiziner’s records will be used for SLA calculation unless the Customer provides reasonably sufficient evidence demonstrating an error.
The following events are excluded from Eligible Downtime and do not qualify for SLA credits:
Scheduled maintenance announced or otherwise reasonably communicated by eBiziner.
Emergency maintenance reasonably required to protect security, infrastructure, data, systems or other customers.
Maintenance, upgrades, migrations, repairs or configuration changes requested or approved by the Customer.
Downtime caused by the Customer, the Customer’s users, administrators, contractors or other persons acting on the Customer’s behalf.
Incorrect configuration, misuse, negligence, failure to follow eBiziner instructions, or failure to perform required Customer actions.
Problems caused by Customer-installed or Customer-requested themes, plugins, extensions, scripts, applications, custom code or configurations.
Problems caused by unsupported, incompatible, outdated, modified or improperly configured third-party software.
Domain registration, expiration, suspension, transfer, verification or registrar-related problems.
DNS propagation, DNS configuration or DNS provider problems outside eBiziner’s control.
Failures of third-party hosting, cloud, CDN, DNS, payment, email, API, software, integration or other external providers.
Internet Service Provider (“ISP”), telecommunications, bandwidth carrier or other Internet connectivity failures outside eBiziner’s reasonable control.
Distributed Denial-of-Service (“DDoS”) attacks or other malicious activity to the extent that the resulting impact is outside eBiziner’s reasonable control or mitigation capability.
Suspension, restriction or termination of a service resulting from non-payment, violation of the Terms & Conditions, Acceptable Use Policy, applicable law, security requirements or other legitimate eBiziner action.
Traffic, resource consumption or usage exceeding the applicable service or plan limits.
Acts of God, natural disasters, fire, flood, war, terrorism, civil unrest, governmental action, regulatory action, sanctions, power-grid failure or other force majeure events.
Failures or interruptions caused by data-center facilities, utilities or infrastructure that are outside eBiziner’s reasonable control.
Initial deployment, provisioning or migration activities where the applicable service is expressly identified as best-effort.
Data restoration, website migration, operating-system installation, software installation or similar professional services unless a specific SLA for such service has been expressly agreed in writing.
Any outage that cannot reasonably be distinguished from an event described above.
Any period during which the Customer has not provided eBiziner with reasonable access, information, authorization or cooperation required to diagnose or resolve the issue.
Scheduled maintenance is excluded from SLA calculations.
eBiziner may perform scheduled maintenance when reasonably necessary to maintain, secure, upgrade, repair or improve its infrastructure and services.
Where reasonably practicable, eBiziner will provide advance notice of material scheduled maintenance.
Failure to provide advance notice will not automatically convert otherwise legitimate maintenance into Eligible Downtime where advance notice was not reasonably practicable.
eBiziner may perform emergency maintenance without advance notice where reasonably necessary to address:
security vulnerabilities;
active attacks;
infrastructure failures;
critical software vulnerabilities;
data protection risks;
network instability;
hardware failures; or
other circumstances where delay could materially increase risk or damage.
Emergency maintenance is excluded from SLA calculations.
The Customer acknowledges that availability and proper operation of a website or application may depend on factors controlled by the Customer.
The Customer is responsible for maintaining appropriate:
account credentials and access controls;
domain and DNS settings;
website content and configuration;
plugins, themes and custom code;
third-party integrations;
payment services;
email services;
external APIs;
business applications; and
security practices.
eBiziner shall not be responsible for downtime, malfunction, degradation or unavailability caused by the Customer’s acts, omissions, negligence, configuration, software or failure to perform required actions.
eBiziner may use third-party providers, networks, registrars, data centers, software vendors, APIs, payment providers, telecommunications providers and other external services.
Unless expressly agreed otherwise, eBiziner does not guarantee the continuous availability, performance, compatibility or functionality of third-party services.
An interruption of a third-party service does not constitute Eligible Downtime where eBiziner does not control the affected service and the interruption is outside eBiziner’s reasonable control.
The SLA applies to infrastructure availability only and does not constitute a guarantee regarding the functionality, compatibility, security or performance of WordPress, WooCommerce, themes, plugins, extensions, scripts, custom code or other software.
Changes made by the Customer or by a third party acting on the Customer’s behalf may affect website availability or performance.
Where technically necessary, eBiziner may temporarily disable, restrict or isolate software that creates a material security, stability or infrastructure risk, subject to the applicable Terms & Conditions.
Where the applicable service plan expressly includes a hardware availability or hardware replacement commitment, eBiziner will use commercially reasonable efforts to diagnose and address qualifying hardware failures within the timeframe stated in that plan or written agreement.
A hardware issue does not qualify for an SLA credit merely because hardware is suspected to be defective. Eligibility begins when eBiziner reasonably determines that the issue is attributable to qualifying hardware failure.
Hardware upgrades, configuration changes and customer-requested hardware changes are not subject to a hardware SLA unless a specific commitment has been expressly agreed in writing.
Where an applicable service plan expressly provides SLA credits, credits will be calculated according to the SLA credit schedule applicable to that specific service or plan.
Unless otherwise stated in the applicable plan or written agreement, the following credit schedule applies to a service carrying a 99.9% monthly uptime commitment:
| Monthly Availability | Maximum Service Credit |
|---|---|
| 99.9% or higher | 0% |
| 99.5% – 99.89% | 10% |
| 99.0% – 99.49% | 25% |
| Below 99.0% | 50% |
The applicable credit is calculated against the monthly recurring fee for the affected eligible service only.
SLA credits:
are applied to a future invoice or billing cycle;
are not redeemable for cash;
are not transferable;
cannot be sold or assigned;
cannot exceed the applicable monthly recurring fee for the affected service; and
do not constitute a refund of amounts already paid.
If a service plan contains a different SLA credit schedule, the schedule expressly stated in that plan will prevail.
A hardware SLA or hardware replacement credit applies only where expressly included in the applicable service plan or written agreement.
Where a qualifying hardware failure is covered by a specific hardware SLA, the applicable response, repair, replacement and credit terms will be those stated in that service plan or agreement.
No hardware credit will apply to:
customer-requested upgrades;
scheduled configuration changes;
software-related problems;
unsupported configurations;
customer-caused damage;
problems caused by third-party software; or
events excluded under this SLA.
For incidents requiring Customer cooperation, the SLA measurement period may be paused while eBiziner is waiting for information, authorization, access, testing, confirmation or other action reasonably required from the Customer.
Where an incident is reported through a support ticket, the Customer must provide sufficient information to allow eBiziner to investigate the reported issue.
Opening a ticket does not by itself establish that an SLA event has occurred.
SLA eligibility will be determined after technical investigation and confirmation that the incident falls within the scope of this SLA.
The Customer must submit an SLA credit claim within seven (7) calendar days after the end of the month in which the alleged SLA failure occurred, unless a different period is expressly stated in the applicable service plan or written agreement.
The claim must be submitted by an authorized account user and must identify:
the affected service;
the relevant period;
the alleged outage or incident;
the applicable plan or SLA commitment; and
any reasonably available supporting information.
eBiziner may request additional information reasonably necessary to verify the claim.
Approved SLA credits may take up to fifteen (15) days after approval to be processed and applied to the Customer’s account.
A single incident may qualify for only one SLA credit.
The Customer may not claim multiple SLA credits for different infrastructure components arising from the same underlying incident.
SLA credits under this SLA may not be combined with other credits, refunds or compensation for the same incident unless expressly agreed by eBiziner in writing or required by applicable law.
To the maximum extent permitted by applicable law, an SLA credit is the Customer’s sole and exclusive remedy for failure to meet an applicable uptime commitment.
The payment or issuance of an SLA credit does not constitute an admission of liability by eBiziner and does not create any additional warranty, guarantee or obligation beyond the express terms of this SLA.
Nothing in this section excludes or limits any liability or statutory right that cannot lawfully be excluded or limited.
The SLA relates solely to the availability of an eligible eBiziner service.
It does not guarantee:
website traffic;
sales;
revenue;
leads;
conversions;
search-engine rankings;
email delivery;
advertising performance;
payment processing;
customer engagement;
business continuity;
profitability;
data integrity; or
any other commercial or business result.
Backup services, where included in the applicable service or plan, are separate from the uptime commitment.
The existence of backups does not constitute a guarantee that data can always be restored, that every change can be recovered, or that no data loss will occur.
The Customer remains responsible for maintaining independent backups of important Customer Content and data where appropriate.
Backup retention, frequency, restoration and related services are governed by the applicable service description and Terms & Conditions.
Security incidents, attacks, vulnerabilities and malicious activity may temporarily affect service availability.
eBiziner may take any reasonable technical action necessary to protect its infrastructure, customers, systems or data, including temporarily restricting, isolating, suspending or disabling affected services.
Such actions will not constitute Eligible Downtime where they fall within the exclusions of this SLA.
A service suspended or restricted because of:
non-payment;
violation of the Terms & Conditions;
violation of the Acceptable Use Policy;
unlawful activity;
security risks;
abuse;
excessive resource consumption; or
other circumstances permitted under the applicable agreement
is not eligible for SLA credits for the period of suspension or restriction.
The Customer must maintain its account in good financial and contractual standing to remain eligible for SLA credits.
An account that is overdue, suspended, restricted or otherwise not in good standing at the time of the relevant incident may be ineligible for SLA credits, to the maximum extent permitted by applicable law.
Repeated payment defaults or repeated material violations may also affect eligibility for SLA credits where reasonably related to the Customer’s account status.
eBiziner shall not be responsible for failure to meet an SLA commitment to the extent caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, governmental action, regulatory restrictions, sanctions, widespread Internet failures, telecommunications failures, major infrastructure failures, power-grid failures, cyberattacks or other force majeure events.
eBiziner may modify, replace or update this SLA from time to time.
Unless otherwise required by law, changes will apply prospectively and will not retroactively eliminate an SLA credit that had already accrued before the effective date of the change.
The SLA applicable to a specific service may also be modified by the applicable service plan, order, proposal or written agreement.
This SLA must be read together with the eBiziner Terms & Conditions, Acceptable Use Policy, applicable service plan, order and other applicable service-specific terms.
If there is a conflict between this SLA and a service-specific written SLA expressly applicable to the Customer’s service, the service-specific SLA will govern for that service to the extent of the conflict.
Except for an expressly applicable SLA commitment, nothing in this document creates a guarantee of uninterrupted or error-free service.
Nothing in this SLA is intended to exclude, restrict or limit any right, remedy, warranty or liability that cannot lawfully be excluded, restricted or limited under applicable law.
Questions or SLA claims should be submitted through the Customer’s authorized eBiziner support channel or by contacting:
eBiziner Inc.
30th Floor, 360 Main Street
Winnipeg, MB R3C 4G1
Canada
Email: info@ebiziner.com
