Client Centric Communications, Inc. and www.WISPbuilder.com hereby grant you access to this Website and its Software as a Service product (SAAS). By using and accessing this website, WISPBuilder.com (the “Site”), you (“you”, “user” or, “end user”) agree to these Terms of Service (collectively, the “Terms of Service” or “Agreement”).
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE AND ITS RELATED SERVICES.
This Site and the Client Centric Communications, Inc. (the owner of the Site) herein referred to Company and its content are intended solely for customers of The Written Information Security Plan or WISP Builder. You may not use this Site or any of the content for any purpose not related to your business with WISP Builder and www.WISPbuilder.com. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the content without, or in violation of, a written license or agreement with the Company; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the content by using navigational technology, framing, or similar technology; and (d) using the Site or the content other than for its intended purpose. Such unauthorized use may also violate applicable laws including but without limitation to copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
1.1 Definitions
“Affiliate” means a company controlling, controlled by, or under common control with a Party (not a part of the Company) but associated with the Company to provide services including but not limited to support services or sales and distribution services.
“Authorized Users” means employees, agents, consultants, contractors, or vendors authorized by Customer to use the SaaS Products solely for the internal use of Customer and its Affiliates, subject to the terms and conditions of this Agreement. “Compliance Documents” means the privacy policy, third party access agreement, cyber incident response plan, information security plan, IT and internet usage policy, and any other compliance documents that are made available from time to time by the Company in electronic or tangible form.
“Confidential Information” means all information provided by the disclosing Party to the receiving Party concerning the disclosing Party or its Affiliates’ business, products or services that is not generally known to the public, including information relating to customers, vendors, trade secrets, prices, products, services, computer programs and other intellectual property and any other information which a Party should reasonably understand to be considered Confidential Information whether or not such information is marked “Confidential” or contains such similar legend by the disclosing Party at the time of disclosure.
“Customer Data” means all data and/or content uploaded by Customer (including where applicable Authorized Users), and in all data derived from it, including personal data. For the avoidance of doubt, Customer Data does not include Usage Data.
“Documentation” means the user guides, installation documents, security fundamentals documentation, and specifications for the WISP Builder Service that are made available from time to time in electronic or tangible form, but excluding any sales or marketing materials.
“Sales Taxes” means excise, sales, use, gross-turnover, value added, goods and services tax or other similar types of indirect taxes, duties, customs or tariffs levied on the services provided by individual states.
“Intellectual Property” means a Party’s proprietary material, technology, or processes (excluding the WISP Builder and related Documentation), including services, software tools, proprietary framework and methodology, hardware designs, algorithms, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned or licensed by a third party) and any derivatives, improvements, enhancements or extensions of such Intellectual Property conceived, reduced to practice, or developed.
“Loss” means any liability, cost or expense suffered or incurred by a party (whether actual or contingent).
“Notice” means any notice or other communication required or permitted under this Agreement.
“Order” means Company’s terms are accepted by Customer via the online automated subscription portal as submitted to Company for SaaS Products, which references the SaaS Products, pricing, payment terms, quantities and other applicable terms set forth in this Agreement and the subscription portal.
“Prohibited Persons” means anyone on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists or the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list.
“Subscription Term” means the period of time during which Customer is subscribed to the WISP Builder, as specified in an Order and which shall begin upon delivery of the Service.
“Suggestions” means, any ideas or suggestions for improvements, new features, functionalities, corrections, enhancements or changes to the any part of the Service or a new offer of the Service suggested by Customer which may constitute Intellectual Property rights under applicable law.
“Third-Party Materials” means open-source software programs that are made available by third parties under their respective Licenses.
“Usage Data” means data generated in connection with Customer’s access, use and configuration of the WISP Builder and data derived from it (e.g., types of applications or accounts utilized or interacting with the Service).
“WISP Builder” means the software as a service (SaaS) Product that is subscribed for by the user. It includes all component programming, custom programming, third-party programming, any content and any and all elements that make up all component parts of the WISP Builder Service, including support and training.
“WISP Builder Service” means the software-as-a-service products specified as further described in the Documentation (including any updates and upgrades to the Services provided by the Company in its sole discretion, and any software, systems and locally-installed software agents and connectors that interact with the Service). Also referred to as “Service”.
Any words following the terms including or include shall be regarded as examples only and not construed as an exhaustive list.
2.1 Access once applicable fees outlined in Section 7 are paid and the Order form is filled in full, are to be in compliance with the Terms of Service as outlined here by the Company and the WISP Builder Service.
2.2 User Restrictions
Customer shall not (directly or indirectly): (a) copy or reproduce any or all part of the WISP Builder and related Services or the Documentation provided unless as permitted under this Agreement; (b) exceed the subscribed quantities, users or other entitlement measures of the Service as set forth in the applicable Order; (c) remove or destroy any copyright, trademark or other proprietary marking or legends placed on or contained in the Service; (d) assign, sell, resell, sublicense, rent, lease, time-share, distribute or otherwise transfer the rights granted to Customer under this Agreement to any third party except as expressly set forth herein; (e) modify, reverse engineer or disassemble the Service; (f) except to the limited extent applicable laws specifically prohibit such restriction, decompile, attempt to derive the source code or underlying ideas or algorithms of any part of the Service, attempt to recreate the Service or use the Service for any competitive purpose; (g) create, translate or otherwise prepare derivative works based upon the Service, Documentation or Company Property; (h) interfere with or disrupt the integrity or performance of the Service; (i) attempt to gain unauthorized access to the Service or its related systems or networks, or perform unauthorized penetrating testing on the Services (j) use the Services to infringe on the Intellectual Property rights, publicity rights, or privacy rights of any third party, or to store or transfer defamatory, trade libelous or otherwise unlawful data; or (k) send, store or process in the Service any personal health data, credit card data, personal financial data or other such sensitive regulated data not required by the Documentation, or any Customer Data that is subject to the International Traffic in Arms Regulations maintained by the United States Department of State. Customer’s authorized use of the Service is subject to the purchased quantities and features set forth in the applicable Order for Service. Fees for the Service are based on use of the Service in a manner consistent with the Documentation. If Customer uses the Service in a manner that is outside or in violation of the Documentation, then Customer will cooperate with WISP Builder Staff to address any applicable burden on the Service or pay an additional mutually agreed upon fee.
2.3 Login Access
Customer is solely responsible for ensuring: (i) that only appropriate Authorized Users have access to the Service, (ii) that such Authorized Users have been trained in proper use of the Service, and (iii) proper usage of passwords, tokens and access procedures with respect to logging into the Service. Company reserves the right to refuse registration of, or to cancel, login IDs that it reasonably believes to violate the terms and conditions set forth in this Agreement, in which case it will promptly inform Customer in writing of such refusal or cancellation. In addition to the rights set forth in this Agreement, Company may suspend Customer’s access and use of the Service if there is an unusual and material spike or increase in Customer’s use of the Service and the Company reasonably suspects or knows that such traffic or use is fraudulent or materially and negatively impacting the operating capability of the Service, the Company will provide notice prior to such suspension if permitted by applicable law or unless it reasonably believes that providing such notice poses a risk to the security of the Service. Service will promptly reinstate Customer’s access and use once the issue has been resolved.
2.4 Third Party Service
The Customer understands the Service includes and uses Third-Party services to help provide functionality to the Service. In all cases such Third-Party services are under license with the owner of said services.
2.5 Support
Base level support is part of this Service. The Company shall make support staff available during normal business hours and make the support available as part of its provision of the Service. WISP Builder will have no liability for system performance, security or other issues or actions that result from Customer’s failure to properly configure its systems as part of the implementation process.
2.6 Acceptable Use Policy
All Customers and Authorized Users may receive base level support as long as it reasonably adheres to our Acceptable Use Policies including;
a. Proper decorum:
There is zero tolerance for abuse or staff. Should you have a complaint please contact our customer support team.
b. Excessive use of support:
Our business models understand the average level of support for the average Service. Should a Customer habitually go over this amount by over 50%, WISP Builder reserves the right, at its sole discretion, to terminate the agreement. The same holds true for Users of their related Customers.
c. Right to review:
WISP Builder reserves the right to review the Customer and related Users use of the
Service including what is stored within the service for the purpose of proper use of
the Service. Should the review identify risky practice or inappropriate use of the Service, the Service may, at its sole discretion, terminate the Service.
3.1 Non-modification and Rights
You acknowledge and agree that all content and information on the Site is protected by proprietary rights and laws. You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, transfer, create derivative work from, sell or re-sell any content or information obtained from or through the Site.
3.2 License
Client Centric Communications, Inc. and WISP Builder grant the Customer a non-exclusive, non-transferable license to access and use the WISP Builder application and related content for the duration of the Subscription Term as defined in Section 7 in consideration of Customer paying for all applicable fees and provided the Customer complies with the terms and conditions of this Agreement. Upon the expiration of the Subscription term and lacking any renewal, the license and access to use the Service and related Content immediately ceases and the Customer will have no further right to access or use the Service or related Content.
3.3 Intellectual Property
Except for the rights granted in this Agreement, all rights, title, and interest in and to the Service, Documentation, Practice and all other Intellectual Property are hereby reserved by Client Centric Communications, Inc. and WISP Builder, its Affiliates or assigns except as provided herein. All interest in and to Customer Intellectual Property are hereby reserved by Customer, its Affiliates or licensors. Nothing in this Agreement shall (a) transfer ownership of any Intellectual Property rights from one Party to the other, or (b) provide either Party a right to use the other Party’s trade names, logos, or trademarks.
3.4 Customer Data
Customer Data entered and owned by Customer remains the property of the Customer. No transfer of ownership is offered or implied.
3.5 Data Usage and Suggestions
WISP Builder shall be permitted to collect and use the Usage Data for its reasonable business purposes and for Customer’s benefit. In the event Usage Data or any part thereof is disclosed to third parties (either during the Subscription Term or thereafter), such data shall be anonymous and presented in the aggregate so that it will not identify the Customer or its Authorized Users. The disclosure shall not limit WISP Builder confidentiality obligations pursuant to this Agreement. To the extent that Customer provides suggestions, such Suggestions shall be free from any confidentiality restrictions that might otherwise be imposed pursuant to this Agreement, and may be implemented by the Service in its sole discretion. Customer acknowledges that any Client Centric Communications, Inc. Products or materials incorporating any such Suggestions shall be the sole and exclusive property of Client Centric Communications, Inc.
4.1 Limitation of Liability for Data Loss
WISP Builder, www.WISPbuilder.com, including its parent Company shall not be held liable for any loss, corruption, or damage to user data arising from the use of the WISP Builder Service or any other service promoted on this site. The responsibility for data, its related backup, and integrity rests solely with the user. While WISP Builder allows users to store related materials for their firm’s Written Information Security Plan, including but not limited to The Plan, contact persons, training and education materials, parts of disaster recovery procedures and related services and their security protocols, the User understands they are solely responsible to keep their materials secure. In no case is the Company or WISP Builder responsible for any loss or theft of data, and the User understands this or will not enter into business and storage for their plan and related services. Users are strongly encouraged to ensure that all necessary data is securely stored and follows the plan as published by the User within the tool. This includes having secure backups.
This Site may contain links to other websites maintained by third parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the Company or WISP Builder.
5.1 Confidential Information
The Parties acknowledge that they may disclose valuable confidential information to each other during the course of using the Service. The receiving Party may only use the Confidential Information to fulfill the purposes of this Agreement. The Confidential Information will be protected using no less than a reasonable degree of care to prevent the unauthorized use, dissemination, disclosure or publication of such Confidential Information. Not withstanding the foregoing, the receiving Party may disclose the Confidential Information to its employees, advisors, consultants and agents on a need-to-know basis and providing that such party is also bound by this clause or one of a similar nature. This statement does NOT apply to any information if it is: (a) known to the receiving Party prior to receipt from the disclosing Party; (b) becomes known independently; (c) becomes publicly known or otherwise ceases to become secret; (d) it becomes independently developed; or (e) is legally required to be disclosed by a court action or similar nature.
5.2 General Communication and Publicity
Neither Party shall make public announcements regarding the relationship between the Parties without the prior written consent of the other Party. This does not prohibit the Company or WISP Builder from publishing case studies and Customer Feedback. WISP Builder will seek permission to use identities, and such consent will not be unreasonably withheld.
6.1 Data Protection Laws
The Parties shall comply with their respective obligations under the Applicable Data Protection Laws. For instance, if Customer is established in California, or will, in connection with the SaaS Products, provide the Company with personal data relating to an individual located within California, the Parties shall comply with the Applicable Data Protection Laws as required within such jurisdiction. In this respect, the Company shall be deemed a subprocessor or service provider (as the case may be) and is authorized to process data on Customer’s behalf in accordance with this authorization.
6.2 Security of Customer Data
The Company shall: (a) ensure that is has in place appropriate administrative, physical and technical measures designed to protect the security and confidentiality of Customer Data against any accidental or illicit destruction, alteration or unauthorized access or disclosure to third parties; (b) have measures in place designed to protect the security and confidentiality of Customer Data; and (c) access and use the Customer Data solely to perform its obligations in accordance with the terms of this Agreement, and as otherwise expressly permitted in this Agreement. The Company shall not materially diminish its security controls with respect to Customer Data during a particular SaaS Products term.
6.3 Insurance
On and from the commencement of this Agreement, in addition to effecting and maintaining all compulsory insurances, the Customer will maintain cyber insurance with an independent and reputable insurance provider.
a. Upon request from the Company, the Customer must provide certificates of active policies in relation to the above insurance. The Company may at its discretion request, and the Customer must promptly provide, a copy of any required insurance policy (including the policy wording, schedule and any renewal certificates).
b. Without limiting the obligations, the Customer must give the Company immediate notice of any proposed cancellation of the insurance. In the event that the Customer breaches its obligations, it releases the Company and/or its Affiliates and their officers, directors and employees from and against any Claims or Loss arising out of or in connection with the Customer’s failure to obtain the insurance specified by this clause, including (for the avoidance of doubt) for any Claims or Loss that you suffer or incur as a result of an event that would have been insured had you complied with your obligations under this clause.
c. The Customer shall defend and indemnify the Company and/or its Affiliates and their officers, directors and employees against any Claims or Loss arising out of or in connection with a breach of this clause.
6.4 Standard and Default Security Measures
If the Standard and Default Security Measures are not implemented and a breach occurs, the Customer:
(a) Assumes all responsibility and liability for any Claim or Loss; and (b) releases and indemnifies the Company from and against any Claim or Loss, arising out of or in connection with the Standard and Default Security Measures not being implemented.
The Company shall have the right to immediately terminate or suspend, at its sole discretion, your access to all or part of the Site with or without notice for any reason.
8.1 SUBSCRIPTION PLANS
a. The prices, features, and options of the WISP Builder and related services depend on the Subscription Plan you select as well as any changes instigated by you. WISP Builder does not warrant that a particular Subscription Plan will be offered indefinitely and reserves the right to change the prices for or alter the features and options of a particular Subscription Plan without notice.
b. Refunds. There are no refunds of fees unless WISP Builder discontinues a service or plan prior to the end date of your subscription. You agree to timely pay all fees associated with your Subscription Plan, Account, or use of the WISP Builder Service and understand that your Service will be cancelled and your plan removed if fees are not paid and that the unpaid fees will still be owed and will not be refunded. Refund policies specific to your payment choice our outlined here;
8.2 MONTHLY SUBSCRIPTIONS. Terminating a monthly billing service, if made available must be done 30 days in advance of the next calendar month of billing. Your service will remain open through the month paid. There are no refunds of monthly billing services.
8.3 ANNUAL SUBSCRIPTIONS Annual subscription fees are fully earned upon payment. Should you choose to be billed annually, you understand your service will remain available to you through the entire annual billing cycle. Your payments are non-refundable and there are no refunds for partially used periods.
8.4 TAXES The Customer is ultimately responsible for paying any and all taxes related to the WISP Builder Service. This includes, but is not limited to, any and all sales taxes and related fees. The WISP Builder Service will collect appropriate sales and related taxes for states with clear rules requiring their collection. These taxes will be submitted to the appropriate authorities on behalf of Subscribers and will be noted on Subscriber Invoices and Orders. You acknowledge and understand WISP Builder Service collects sales taxes from you ON BEHALF of taxing authorities. If a taxing authority, through a back audit, believes there is tax owed on an historical service, WISP Builder will inform you of this finding and communicate this amount owed by you.
8.5 CHARGEBACK ARRANGEMENTS AND RELATED DAMAGES Upon signing up for the WISP Builder Service you acknowledge the Customer and WISP Builder will be expending significant resources to ensure you have the benefit of the Service under the terms of this Agreement; and will suffer loss and damage if you procure any chargeback arrangement with your financial institution once WISP Builder has supplied you with access to the WISP Builder Service. In the event you procure a chargeback arrangement with your financial institution after granting access to the WISP Builder Service, you MUST PAY WISP Builder, as liquidated damages $1,000 on account of the loss and damage that WISP Builder stands to suffer or incur. You acknowledge that the liquidated damages is a genuine pre-estimate of the damages WISP Builder stands to suffer or incur in the event that you procure a chargeback arrangement after being supplied with access to the Service. Should your chargeback request be made in error, WISP Builder will allow you fourteen days to remove your chargeback request with your financial institution.
You expressly agree that use of the Site is at your sole risk and discretion. The Site and all content and other information contained on the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, whether express or implied. The Company and WISP Builder makes no warranty that (a) the Site and content or information will be uninterrupted, timely, secure, or error-free, (b) the results that may be obtained from use of this Site will be effective, accurate or reliable. The Site may include technical mistakes, inaccuracies, or typographical errors. The Company reserves the right to change the Site content and information at any time without notice.
10.1 General Statement of Liability
In no event shall the Company the WISP Builder Service or its Affiliates be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the Site, the content and other information obtained therein. Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages; thus, the above limitations may not apply to you.
10.2 Customer Acknowledges Protection Obligation
You understand there are bad people on the internet, and those bad people like to hack, threaten, steal private information and plant bad code. Because of this it is important that you protect your login in credentials and all your related data. You will ensure you have appropriated, encrypted backups and review and follow all available guidelines for best practices to minimize the risk of theft. In any case, as already stated, you are solely responsible for the security of your information and the Company and WISP Builder will not be liable for any and all theft, deletion, or any other act detrimental to the User or other users.
10.3 Maximum Liability
Except for liability caused by the Company as noted specifically in this Agreement, in no event will either Party’s maximum aggregate liability arising out of or related to this Agreement, regardless of the cause of action and whether in contract, tort (including negligence), warranty, indemnity or any other legal theory, exceed the total amount paid or payable to the Company or WISP Builder under this Agreement during the twelve (12) month period preceding the date of initial claim.
10.4 No Consequential Damages
Neither Party will have any liability to the other Party for any loss of profits or revenues, loss of goodwill, or for any indirect, special, incidental, consequential or punitive damages arising out of, or in connection with this Agreement, however caused, whether in contract, tort (including negligence), warranty, indemnity or any other legal theory, and whether or not the Party has been advised of the possibility of such damages.
Any disputes arising out of or related to these Terms of Service and/or any use by you of the Site shall be governed by the laws of Delaware, USA, without regard to the conflicts of law’s provisions therein.
The Company respects the intellectual property rights of others and expects our users to do the same. Our Terms prohibit Users from violating someone else’s intellectual property rights, including copyright and trademark.
If you believe content that belongs to you is being used through our Services without
your permission, we want to know about it. You can send notice of the alleged infringement to our designated agent at:
7901 4th St N, STE 300
St. Petersburg, FL 33702
Phone: 1.800.724.6404
Email: support@WISPbuilder.com
If you do send us a notice, please note that we may forward your notice, including your
contact information, to the user who posted or used the content that you are complaining about. If you’re not sure whether content on one of our websites or sent through our Service infringes your intellectual rights, then you may want to speak with legal counsel in your area before notifying us.
Finally, before sending us a notice you may want to reach out to the person or organization who posted or used the content you believe infringes your rights. You may be able to resolve the issue directly with that person or organization without contacting the Company.
When reporting a claim of copyright infringement, please ensure your notice includes the following:
When reporting a claim of trademark infringement, please ensure your notice includes the following:
This agreement was last updated on June 30, 2024
The Company reserves the right to change or modify any of the Terms and Conditions contained in this Agreement at any time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service from time to time. Your continued use of the Site after such modifications to this Agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
You can contact the Company with any questions at:
7901 4th St N, STE 300
St. Petersburg, FL 33702
Phone: 1.800.724.6404
Email: support@WISPBuilder.com
1.800.724.6404 | 7901 4th St N, Suite 300 - St. Petersburg, FL 33702
