Terms & conditions for the license of Bango Services

Definitions

"Bango" or "us" means Bango.net Limited, 5 Westbrook Centre, Cambridge CB4 1YG, United Kingdom. "You", "your" or "you" means the signatory to this agreement or the entity entering into this agreement by agreeing to these terms by registering at www.bango.com.

"Product" means a product or service provided by Bango as specified in detail at the Bango.com web site or attached to this contract. Products identified in Schedule 1 of this contract and modified from time to time by you by using the product selection facilities at the Bango web site ("Product List") are subject to these General Terms and Conditions (T&C).

You agree:

to provide sufficient identification of yourself to enable Bango to meet its "Know your customer" obligations under anti-money laundering legislation and regulations.
to be responsible for the hosting, selection, updating, encoding, marketing, pricing and support of the content and services you offer.
to ensure your content complies with all applicable laws, regulation, licenses, codes and guidelines and you indemnify Bango for any loss or damage that Bango incurs by reason of your breach of this provision.
that you have all necessary rights to products or services delivered in conjunction with Bango in the countries that you host it, deliver it or transport it and you indemnify Bango for any loss or damage that Bango incurs by reason of your breach of this provision.
to correctly categorize the content using the tools provided by Bango and you indemnify Bango for any loss or damage that Bango incurs by reason of your breach of this provision.
to comply with our content abuse processes in Schedule 2 (Abuse Process)
to give Bango the rights to defend ourselves against claims resulting from your content, and indemnify Bango against fines or damages that result from your misuse of our services.
to pay for all items on the Product List monthly in advance or as specified otherwise in writing by Bango.
to allow Bango to deduct any payments owed to Bango from any amounts we may be due to pay you.
to allow Bango to delay payment to you until the payment due has reached a minimum amount as specified in the Product description.
to follow the technical guidelines provided by Bango for integration with the Bango systems.
to keep confidential and secure any passwords or other security credentials supplied by Bango.
to market your services only in accordance with all appropriate regulations and guidelines that apply to you and confirm that Bango can withhold payments resulting from marketing that does not so comply.

Bango agrees:

to provide the Products on the Product List.
to allow you to add or remove Products from your Product List, subject to the relevant notice periods.
to use best reasonable endeavors, competence, diligence and skill to keep the Product operating as specified.
to communicate with you if any Product on the Product List stops working for any significant period.
to provide you with 30 days advance notice of any changes to pricing or payment rates in a Product.
to provide you with a procedure for reporting and rectification of problems with a Product.
to pay you on time (subject to any regulatory investigation, court order or suspected fraud) the amounts specified for the Product.
to pay you in US Dollars, British Pounds Sterling or Euros at your choice.
to pay you by electronic bank transfer or other equivalent method chosen by Bango.
to keep confidential any information provided by You or generated by your interactions with Bango except where you are using Bango to make the information accessible to third parties or as required by law.
to allow an independent appropriately qualified auditor to examine Bango’s records of transactions relevant to You to verify the amounts payable to You under this agreement, provided that this shall be no more than once per year. The costs of this will be paid by you unless Bango has underpaid you by more than 1%, in which case Bango will pay.

General:

These Terms and Conditions are under the laws of England.
The "place of business" for VAT purposes is the United Kingdom.
Data collected by Bango is retained confidentially and used as permitted by the laws of England.
Bango will offer payment methods and apply currency conversion rates determined by the Product.
Provided it implements the product functionality you choose, Bango may choose to act as a re-seller of your content (a "principal") or as a payment agent, at Bango’s discretion.
Payment by end-user customers who access content made available by you may be subject to minimum transaction values, roll-over of unused pre-payment and taxes as defined in the technical guidelines posted at the Bango web site.
Bango can suspend items on your Product List if we have reasonable grounds for suspicion that you are in breach of your agreement with Bango or if we are responding to a complaint under the Abuse Process.
Bango reserves the right to make changes to the functionality of items on the Product List from time to time if required due to third party actions outside Bango’s control or due to regulations or legislation.
Bango warrants to you that it is the owner of or is licensed to use all copyright, trademarks and other intellectual property rights relating to Bango and all items in the Product List.
Bango will not have rights in or to exploit any content provided by You save is as necessary to provide any Products and then only for the period of this agreement.
You will gain no rights whatsoever in any software, hardware or any matter or thing comprising the Bango platform or any Product.

Indemnification and Termination:

Bango accepts no liability for loss of service caused by third parties over which Bango has no control. Nothing in this contract excludes Bango’s liability for fraud caused by the actions or omissions of Bango, personal injury or death. Bango is not liable for loss of profit or damage to reputation.
Bango’s liabilities are limited to the amounts paid by you over the last twelve months. The parties agree that this is a reasonable pre-estimate of the maximum damage that could be caused by loss of the services. Damages up to this amount are the only remedy that you have for breach of this agreement except were otherwise agreed in writing.
This agreement is terminated by you by removing all items on the Product List. The notice period for terminating a specific item is twelve months from initial adding of a product to the product list and thereafter one month unless otherwise specified in writing in the product description or agreed by Bango in writing by being written on an accepted Bango order form.
This agreement may be terminated by Bango if Bango notifies you of violation of the terms of this agreement and you have not corrected that violation within 7 days of Bango giving you written notification of that violation.
Items on the Product List may be suspended by Bango if you are in breach of the contract.
Bango may terminate the supply of any Product with 60 days notice unless otherwise specified in writing in the product description.

Schedule 1: Bango Product List

The Bango services covered by this agreement are: The services you have selected using the facilities at www.bango.com.

Schedule 2: The Bango Abuse Process

People are encouraged to inform Bango if they suspect content providers using the Bango service are doing anything illegal or infringing relevant regulations. Reports can be made by email to support@bango.com or abuse@bango.com, via Bango WAP or web pages, by telephone to a Bango employee or in writing to Bango.

When such a report is received by Bango, Bango activates its Abuse Process to investigate and resolve the situation swiftly and effectively, and to ensure compliance with relevant laws and regulations.

The abuse procedure is:

Bango’s support team attempts to identify the "Content Provider" (CP) to which the report refers.
Bango contacts the Reporter, if possible, to confirm it has received the report and potentially to clarify what they have seen or how to reach it. Bango advises them that it is investigating, that Bango may notify law enforcement authorities, of the role and responsibilities of Bango and if appropriate suggests they contact law enforcement or other organizations
If Bango can identify the CP, Bango will provide them with details of the report we have received and remind them of their obligations under the T&C and remind them of the reach of the Global Mobile Internet.
Bango will advise the CP that it has activated its investigative procedures, which may include involvement of law enforcement or other competent bodies to investigate the report.
If the complaint appears to involve Children, Bango immediately refers the complaint to the Internet Watch Foundation, www.iwf.org.uk
If the report appears to Bango staff to breach T&C and a Bango company officer agrees, the content will be reviewed, and a decision taken by a Bango company officer on "immediate take-down".
The Bango Support department will keep as an "open issue" any allegations, and the status is reviewed weekly until Bango takes a view that the report no longer poses a significant risk to Bango or Bango staff and that the CP concerned is now in compliance with T&C.

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