Terms of Service (TOS)
Effective Date: Today-the day you access the platform
Welcome to BMS Technologies Job Management Portal (PaaS).
By
accessing or using our Software-as-a-Service (SaaS) Job Management Portal (JMP
or Platform, http://bendmailing.com/), you agree to the following terms and
conditions. Please read them carefully. If you choose not to accept these
terms, the use of the platform will be restricted.
License Scope. This TOS clearly defines and limits the rights
transferred to clients and its users.
Acceptance of Terms and Subscription Plan
By accessing the Job Management Portal (JMP), you accept and agree to be bound by these Terms of Service and our Privacy Policy. These terms apply to all users, including client staff and others who access or use the platform.
Subscription Fees
If you are an active client engaged in professional services
provided by BMS Technologies (BMS), and in good standing, the JMP is included
as part of your ongoing service package at no additional cost. The use of the
platform is integrated into your existing monthly billing, providing seamless
access to job management and upload features without additional subscription
fees.
Payment Terms
Legacy clients without a formal Professional Services Agreement (PSA) are deemed to be on a monthly auto-renewal contract governed by this TOS. The following terms apply:
Auto-Renewal
Clients without a PSA are automatically renewed on a
month-to-month basis, with services continuing under their existing pricing
structure defined by their currently monthly invoice. This renewal occurs
without the need for formal contract execution, and services will continue to
be billed monthly.
Payment Due Date
Payment for services must be received by the 20th of each
month. Failure to make payment by this date may result in the following
actions:
Forfeiture of Services: BMS reserves the right to suspend or forfeit the
delivery of services
if payment is not received by the due date. Services will remain on hold until
full payment is made.
Reinstatement of Services: Once payment is received in full, services will be reinstated promptly, though BMS does not guarantee immediate resumption and reserves the right to adjust the timeline for service recovery.
Notice of Non-Payment
If payment is not received by the 20th, BMS will provide notice to the client, specifying the outstanding amount and informing them of the impending forfeiture of services if the payment is not remitted.
Bundled Services
Clients using the JMP are subject to pricing models depending on their level of engagement with bundled services offered by BMS.
Transactional Services with Online Presentment & Payment Services
Clients utilizing Transactional Services in combination with Online Presentment & Payment Services will receive access to the Job Management Portal at no additional charge. This bundled offering provides enhanced value, and clients are not subject to user fees for JMP.
Software with One Additional Service
Clients using Software Services in combination with at least one other service (e.g., Transactional Services, Professional Services, etc.) are also granted access to the Job Management Portal, with no additional charges.
Transactional Services Only
Non-legacy
clients utilizing Transactional Services without bundling any additional
services will be charged a nominal fee per user, per month, billed
monthly. This fee applies to all users accessing the JMP in this category.
BMS reserves the right to review and adjust the pricing structure based on service usage or changes in service offerings. Clients will be notified of any changes in advance. Please see your client estimate for current pricing.
Legacy Clients
If you are a client who has been grandfathered into the services provided by BMS and have not entered into a formal Professional Services Agreement (PSA), these Terms of Service still apply to your use of the Job Management Portal. However, additional fees may apply for access or extended use of the JMP if such fees were not covered under the terms of your original agreement. BMS reserves the right to charge such fees at its discretion, and clients will be notified in advance of any charges associated with JMP usage.
SaaS Services
The JMP is provided as a complimentary service ancillary to the professional services offered by BMS. The JMP is designed to support job management and file uploads for its clients and their staff. Fees may be charged for access to or use of the platform, and it is provided to improve efficiency and convenience in managing client workflows. If you are a legacy client, refer to Legacy Client section.
Service Level Agreement (SLA).
BMS strives to provide reliable and continuous access to the JMP to support
your business operations. While we aim to maintain a high level of
availability, we do not always guarantee uninterrupted access to the platform.
The platform may be subject to periodic maintenance, updates, or
other factors that could temporarily affect availability. In such cases, we
will make reasonable efforts to minimize disruptions and, where possible,
provide notice of scheduled maintenance. We do use cloud providers who state an
average 99% availability.
BMS does not commit to a specific uptime percentage or performance level, but
we will take appropriate measures to ensure that the platform remains
accessible and functional for critical business activities. In the event of
unexpected downtime or disruptions, we will work to restore access as promptly
as possible and will notify client management when deemed appropriate to do so.
Users acknowledge that certain factors outside of our control, such as
third-party service interruptions or force majeure events, may affect the
availability of the platform. BMS will not be held liable for such occurrences.
We may
perform maintenance, updates, or modifications to the platform, which could
temporarily affect availability. BMS is not liable for any downtime or
interruptions in service.
Third-Party Services
The
Job Management Portal (JMP) may integrate with, or provide access to,
third-party services or software ("Third-Party Services") that work
in collaboration with BMS's online SaaS. These Third-Party Services are
provided by entities that are not controlled or operated by BMS. While BMS
seeks to provide seamless integration and functionality, the performance,
availability, and security of Third-Party Services are beyond BMS’s control.
When utilizing Third-Party Services in conjunction with the JMP or other BMS
services, clients acknowledge that:
The terms of use and privacy policies of the respective Third-Party Service providers apply.
BMS is not responsible for managing or maintaining these Third-Party Services.
Any issues, downtime, or failures arising from the use of Third-Party Services should be addressed with the third-party provider directly.
Limitations of Liability
BMS
will not be held liable for any failures, disruptions, or damages that occur as
a result of Third-Party Services. This includes but is not limited to:
Service outages or interruptions caused by Third-Party Services.
Data breaches or security vulnerabilities that occur within the Third-Party Service environment.
Inaccuracies or errors caused by Third-Party Services integrated with BMS's SaaS platform.
Clients
agree that BMS’s liability is limited to its own platform and services, and BMS
cannot guarantee the functionality, availability, or security of any
Third-Party Service. In the event of an issue with a Third-Party Service, BMS
may offer reasonable assistance in facilitating communication with the
third-party provider but bears no responsibility for resolution.
Third-Party Service Failures
Should a Third-Party Service fail, BMS will make reasonable efforts to
minimize disruptions to its platform and services but does not assume liability
for any losses or damages caused by the failure of such services. Clients may
need to work with the third-party provider directly to restore functionality.
Company
Rights
BMS retains all ownership and intellectual property rights in the platform.
Users are granted a non-exclusive, limited license to use the platform solely
in conjunction with the professional services provided by BMS. The
platform is not intended to function as a standalone product.
Users and Access Rights
To access and use certain features of the JMP, users must register with a valid email to create an account. Users are defined as individuals specifically assigned by the client’s management group to access and use the platform for business-related activities. User access and permissions are determined and managed by the client’s designated administrators.
User Registration and Information
You agree to provide accurate, current, and complete information during registration and to update this information when necessary or upon request. Each user account must be assigned to a unique individual, and account sharing is strictly prohibited.
Assigned Users
Only
users authorized and assigned by the client’s management team may access the
platform. Clients are responsible for managing user permissions, which dictate
the level of access and functionality available to each user within the
platform.
User Permissions
Administrators assigned by the client can define different permission levels, such as standard users, admins, or restricted access users, ensuring that users can only access the appropriate sections of the platform based on their role.
Responsibilities and Confidentiality
Users are responsible for maintaining the confidentiality of their account credentials. You agree not to share your login credentials or allow unauthorized users to access the platform using your account. Any activities performed under your account are your responsibility.
Penalties for Abuse
BMS reserves the right to investigate and act against any abuse or misuse of user accounts or access rights, including but not limited to:
Unauthorized Access: Sharing account credentials or attempting to bypass assigned user permissions.
Misrepresentation: Providing false or misleading information during account registration.
Exceeding Authorized User Limits: Attempting to create unauthorized user accounts beyond the client’s designated number of authorized users.
In the event of such violations, BMS may impose penalties, including:
Temporary or permanent suspension of platform access for the offending user(s).
Additional fees for unauthorized users or misuse of user accounts.
Termination of the client’s access to the JMP in severe cases.
BMS reserves the right to suspend or terminate your access to
the platform at any time, particularly for non-compliance with these terms or
if the platform is discontinued. Termination of access to the platform does not
affect the delivery of other professional services you may receive from BMS.
Company
Penalty Rights
We reserve the right to suspend or terminate accounts at our discretion,
particularly if suspicious activity is detected or if account information is
found to be inaccurate.
Platform Use and User Conduct
The platform is designed to facilitate job management, file uploads, insert management and other workflows associated with the services BMS provides. You agree to use the platform only for these purposes and in compliance with applicable laws.
Prohibited activities include but are not limited to:
Company Monitoring Rights
We reserve the right to monitor activity on the platform to ensure compliance
and to remove or restrict access to users violating these terms.
Data, Ownership, and Privacy
The platform may collect, and store data related to job
management, uploads, and user activity. By using the platform, you consent to
our collection and handling of such data in accordance with our Privacy Policy
We will not sell or disclose your data except as required to
provide services or comply with legal obligations.
Client-Uploaded Data
All
data, files, and materials uploaded to the platform by clients, or their staff
("Client Data") remain the sole property of the client. By uploading
data, the client grants BMS a limited, non-exclusive, and royalty-free license
to access, use, and process the data solely for the purpose of providing
platform services. BMS will not use, sell, or disclose Client Data for any
purpose other than to fulfill its obligations as part of the platform’s
functionality, unless required by law.
Client Rights:
The Client retains full ownership of all Client Data uploaded to the platform. You have the right to request the return or deletion of your data at any time, subject to any legal or contractual obligations.
Company Data Rights
We strive to maintain high standards of security for your data but cannot
guarantee absolute security. BMS will not be liable for unauthorized access or
data loss unless caused by our negligence.
Platform and Ownership
THE PLATFORM, INCLUDING ALL SOFTWARE, CODE, DESIGNS, ALGORITHMS,
AND INFRASTRUCTURE USED TO OPERATE THE JOB MANAGEMENT PORTAL, IS AND REMAINS
THE EXCLUSIVE PROPERTY OF BMS. THIS INCLUDES ANY MODIFICATIONS, UPDATES, OR
IMPROVEMENTS MADE TO THE PLATFORM DURING THE COURSE OF PROVIDING SERVICES.
USERS ARE GRANTED A NON-EXCLUSIVE, LIMITED RIGHT TO USE THE PLATFORM SOLELY FOR
MANAGING JOB WORKFLOWS IN CONJUNCTION WITH BMS'S SERVICES.
Security Protections
We employ industry-standard security measures, including encryption protocols, to safeguard client data during transmission and storage. Access to the platform is protected by secure authentication methods, and regular security audits are conducted to detect and prevent vulnerabilities.
Data Storage and Backup
Client Data is stored securely on-premises and on cloud-based
servers and is regularly backed up to ensure data integrity. Backups are
performed daily to minimize data loss in the event of system failure or
disruption.
Customer Service and Support
BMS is committed to providing reliable support for the platform. Clients can
access support through email, phone, or the online help desk, and we strive to
respond to inquiries within 24-48 hours during normal business hours.
Limitation of Liability
TO
THE FULLEST EXTENT PERMITTED BY LAW, BMS SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE
OR INABILITY TO USE THE PLATFORM.
Changes to the Terms
BMS may update these Terms of Service from time to time. Users will be notified of any changes via email or through the platform itself. Continued use of the platform after changes take effect constitutes acceptance of the updated terms.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon. Any disputes arising from these Terms will be resolved through forced binding arbitration in accordance and through the America Arbitration Association, and users waive any rights to participate in class action lawsuits.
Professional Services Agreement
LEGACY CLIENTS without a formal Professional Services Agreement
(PSA) are bound by the Terms of Service (TOS) which serves as the governing
agreement for all services provided by BMS. By continuing to make monthly
payments on invoices issued by BMS, legacy clients implicitly accept and agree
to be bound by this TOS. Each payment constitutes acceptance of the terms for
the client’s current pricing and services at the time of payment.
Legacy Client Services
The services covered under this TOS, in the absence of a formal
PSA, are collectively referred to as Legacy Client Services. These services
include, but are not limited to:
Print Services
Mail Services
Online Presentment Services
Customer Payment Services
Software (SaaS) Services
The pricing for Legacy Client Services is determined by the most recent invoice issued to the client. By making payments, the client acknowledges and accepts the terms and conditions outlined in this TOS as well as the current pricing structure for the services provided.
Agreement by Conduct
Continued use of the services and ongoing payment of invoices constitutes agreement to the terms of this TOS, which acts as the binding agreement between the client and BMS. This TOS shall remain in effect unless or until a formal Professional Services Agreement (PSA) is signed between the client and BMS.
Rights to Physical Copy
Client has the right to print these terms of service at will. This document can be downloaded by clicking
here.
Contact Us
If you have any questions about this Privacy Policy, please contact us:
By visiting this page on our website: https://bendmailing.com/ContactUs
By phone number: 541-388-0789