Terms

Terms & Conditions

Last Updated on: August 28th, 2019

1. Introduction

By signing up or using any of the services of Terra Forma Inc. (“BloomsBy”), the BloomsBy user (“you”) are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by BloomsBy under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), by contract (“Proposal Services”) or all. Any such services offered by BloomsBy are referred to in these Terms of Services as the (“Services”). Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.bloomsby.com/terms.

BloomsBy reserves the right to update and change the Terms of Service by posting updates and changes to the BloomsBy website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement before you may become a BloomsBy user.

Terra Forma, Inc
BloomsBy
www.BloomsBy.com
www.support.BloomsBy.com


2. Account Terms

1. You must be a registered business (e.g. LLC, Corporation) in order to use the BloomsBy service.

2. To access and use the Services, you must register for a BloomsBy account (“Account”) by providing your full legal name, Business address, phone number, a valid email address, and any other information indicated as required by the BloomsBy Sales Department.

3. You acknowledge that BloomsBy will use the phone number and or email address you provide as the primary methods for communication.

4. You are responsible for keeping your password secure. BloomsBy cannot and will not be liable for any loss, damage, or misuse from your failure to maintain the security of your Account and password.

5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of BloomsBy will result in an immediate termination of your service.

7. BloomsBy provides cloud-based software to help your flower shop keep track of proposals, take payments and maintain a website.

8. BloomsBy is responsible for server maintenance, addressing bugs with BloomsBy software and SSL on the website checkout page.

9. It is the responsibility of the customer to ensure all orders are entered properly, payments are recorded and any applicable credit card payments are deposited.

10. At no time will your data nor your customer’s personal data be sold.

11. The customer is responsible for orders and communicating with their customers. BloomsBy will not interact with customers on your behalf.


3. Account Services

 

3.1 BloomsBy Account

The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any correspondent account we may provide to the Account Owner in connection with the Service.

If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3.2 Deposit

A one-time, non-refundable deposit (see Deposit’ on Cost List) will be collected upon signing up. This deposit will be applied as a credit to your first month’s bill. Successful receipt of the deposit is required to begin using BloomsBy. Should you choose not to complete onboarding, this deposit is non-refundable.

3.3 Package Pricing

Your package and monthly price can be found in the Billing section of your BloomsBy Dashboard. To find your Billing section, see this article.

3.4 Billing

Once BloomsBy is made live, billing will begin. We will grant a 30 day period thereafter to make the other product of your package live or your package will be changed accordingly.

To receive discount package price, all products of the package must go be live, on billing.

The credit card on file will be charged a prorated amount for the first month and then the recurring package amount will be automatically processed on the 1st of each month. Billing details including price, the credit card on file and history can be found in the Billing section of your BloomsBy Dashboard.

3.5 Suspension

BloomsBy may suspend your service after three attempts to charge the card on file. You will be notified by email and by a note on the top of your BloomsBy Dashboard of any failed credit card attempts. It is up to you to update the card on file or contact the Billing department to arrange payment.

3.6 Cancellation

You may cancel your BloomsBy package any time by contacting us by via chat BloomsBy.com or email ([email protected]). You may specify a cancellation date of the current day or any date in the future. No prorated refunds are offered if you cancel mid-month. If you wish to avoid charges for the following month, you must cancel by the last day of the current month.

3.7 Change of Ownership

You must notify BloomsBy if your Business is changing owners. An account specialist will coordinate the change.


4. Onboarding

A BoomsBy Onboarding representative will introduce themselves via welcome email and phone call. They will be your account manager to help you set up your BoomsBy software. They will provide you with resources needed to get setup and will work with you for the period between signing up and Proposal Manager/proposal manager iPad app live. After your onboarding is complete, you are entitled to support services as stated in this document.

4.1 Onboarding Representative

Onboarding representatives are generally available by appointment only to ensure their full attention can be given at each appointment. Your onboarding representative will schedule, confirm and honor any appointments agreed upon. If your representative is running late, they will notify you by phone or email to reschedule or postpone. We aim to keep all appointments but may need to postpone due to circumstances out of our control.

You may contact your onboarding representative at their direct email, at [email protected] during their specified hours (we have representatives in all U.S. time zones.) Shall your representative not be available at the time you reach out, we aim to contact you within 2 hours of your reaching out to us during the representative’s business hours. Please note your representative has many appointments during the day and may not be readily available to answer an unscheduled email.

4.2 Minimum Requirements

See minimum requirements: Minimum Software and Computer Requirements for BloomsBy

4.3 Hardware & Equipment

BloomsBy does not provide, sell, set up, connect or maintain computers, hardware or equipment. All devices, including monitors, printers, credit card swipers are the responsibility of the customer to connect and install. If assistance is needed, we recommend finding a local computer tech.

For recommended hardware, see Recommended Hardware.

We will do our best to configure your installed and functioning printers to print BloomsBy documents, but do not guarantee all devices are compatible or configurable. We maintain the right to decline configuration of any printer if deemed abnormally installed or time-consuming at the discretion of the BloomsBy representative. We recommend purchasing the recommended hardware for best results.


5. BloomsBy  Proposal Manager / iPad Proposal App

The Proposal Manager is software to create and manage proposals. Your onboarding representative will send access to your Proposal Manager in an email along with links to tutorials that will aid in complete setup. Your representative will follow up with you to go over basic settings and any questions you may have. We offer a complimentary 30-minute training session should you wish to schedule one.


6. Merchant Services

See article, Credit Card Processing Options. Your onboarding representative will review the options and complete the setup.

6.1 PCI Compliance

Depending on your merchant account provider your shop may be required to complete a PCI Compliance questionnaire and scan, with an occasional email survey. These items are provided and sent by your merchant account provider, not BloomsBy.

Any PCI compliance questionnaires or scans that may be required by your chosen merchant account provider are your responsibility to complete.

6.2 Stripe

BloomsBy can be connected to your Stripe Standard account to allow payments to be accepted on your Stripe account. BloomsBy does not administer, set up, have access to or maintain your Stripe account. It is your responsibility to address issues including, but not limited to, disputes, security rules, and business settings. Please contact your Onboarding Representative to discuss pricing, compatibility and setup needs.

6.3 USAePay

BloomsBy can also be connected to your merchant account providers credit card processing services via a USAePay gateway. Please contact your Onboarding Representative to discuss pricing, compatibility and setup needs.

6.4 Taxes and Other Expenses

You are solely responsible for determining what, if any, taxes or fees (“Taxes”) apply to your Transactions; and assessing, collecting, reporting, or remitting Taxes to the appropriate tax authority. We are not obligated to nor will we determine the applicability of any Taxes, or calculate, collect, report, or remit any Taxes to any tax authority arising from any Transaction.


7. Customer Support

You can contact support at our help desk, which is located at https://bloomsby.kayako.com or by email at [email protected]

Customer Support Hours:

Monday – Friday 6 am to 5 pm PST
Saturday 9 am to 12 pm PST

Please see our help desk https://bloomsby.com/hours/ for holiday and/or extended hours.

Description Of Services

Upon joining BloomsBy and put on recurring billing, Business is eligible to receive the following services via phone, email, help desk, chat, and remote support.


 

Wedding/Event Proposals

What BloomsBy Covers:

Support – assisting customers with questions on the use and functionality of the BloomsBy wedding/event proposal software.

Troubleshooting – any system issues that are in related to the BloomsBy wedding/event software.

What BloomsBy Does Not Cover:

Desktop/Laptop/iPad/Printer Hardware – BloomsBy customer support does not cover the setup, connecting, installation, updating, support, troubleshooting or configuration of hardware. A third party service would need to be hired. If BloomsBy is requested to support hardware, an hourly fee will be applied. Se printer section for more information.

Browser – BloomsBy customer support does not support the updating, clearing cache/cookies/history, etc.

Internet connection – BloomsBy customer support does not support the setup, connecting installation, updating, support, troubleshooting or configuration of your internet connection.  A third party service would need to be hired. If BloomsBy is requested to support, a fee will be applied.

Router / Networking – BloomsBy customer support does not support the setup, connecting, installation, updating, support, troubleshooting or configuration of your router/network. A third party service would need to be hired. If BloomsBy is requested to support, a fee will be applied.

Image Editing and Design – BloomsBy support does not cover the image editing or design of photos, including product images, etc.


Credit Card Services

What BloomsBy Covers:

USAePAY

Setting up/switching  Merchant profiles – These inquiries will be directed to the merchant services department at BloomsBy.

Fraud Modules – BloomsBy will help assist with setting up Fraud Modules.

Troubleshooting – BloomsBy will help assist in support and troubleshooting of charges and refunds via BloomsBy & Usaepay.

Stripe

Setting up/switching  Merchant profiles – These inquiries will be directed to the merchant services department at BloomsBy.

Troubleshooting – BloomsBy will help assist in support and troubleshooting of charges and refunds via BloomsBy & Stripe.

What BloomsBy Does Not Cover:

Fees related to customer-merchant services – This support should be directed to the gateway or merchant services.

Fees related to PCI compliance – Should be directed to the gateway or merchant services.

Deposit times/dates – These are to be referenced to customer-merchant services.


Appointments

BloomsBy Support will schedule appointments based on the task and severity. Appointments will be scheduled 24 hours in advance with a BloomsBy support agent.

Feature Requests

BloomsBy is always improving the software programs and will take any submissions from feature requests from shops. In regards to feature requests, we cannot guarantee this feature will be created or implemented and will go through a screening process from BloomsBy Product team.