Last modified: December 4, 2017
UPCOMING TERMS OF SERVICE (MAY 15TH, 2018)
Terms of service
The services provided by 123FormBuilder can be used by any person, if the terms of service are respected. We have the right to disable accounts that are suspect of using our service for illegal activities.
We offer 3 service plans for individuals and small businesses: Basic, Gold and Platinum, as described here; and 3 corporate plans: Professional, Enterprise and Compliance, as described here. Gold and Platinum customers can use extra Premium features and have priority for support. Professional, Enterprise and Compliance customers can use our Corporate features, have priority for support and receive dedicated 1-on-1 onboarding assistance.
We collect just the amount of personal information that is needed to create and maintain your account. Users can access and update personal information in the My Account section. We will neither disclose your personal information, nor sell it to anyone. We never read the messages received through your forms. Your IP, personal information and received data are confidential, except for the case in which authorities request it. We always include an opt-out method to our direct marketing messages.
Form records are private and can be used exclusively by the account owner. 123FormBuilder never discloses the content of submissions under any circumstance, unless specifically requested by legal state authorities. Submissions are stored securely on our Amazon hosted servers, and are protected against misuse, interference and loss, as well as against from unauthorized access, modification and disclosure.
The forms you create on our site can be shown, unfilled, to the visitors of our site, in order for them to understand better what results can be achieved with the solution we provide. You are invited to recommend our services to any persons who might find them useful.
Any web form or survey created by the end user using the translated versions of 123FORMBUILDER framework and products along with any information gathered through those web forms and surveys belong to the end user and neither 123FORMBUILDER nor the PARTNER can hold ownership over them or be liable for it.
Platinum, Professional users and above can create secure forms (SSL encrypted). The other forms are non-secure forms and we are not responsible for any sensitive data that might be intercepted by other persons that monitor the computers where the forms are filled.
Our security measures are more extensively described here.
We are totally against spam, this being one of the reasons why we started this service. To fight spam, we implemented Captcha protection. If our Captcha protection is defeated by spammers, let us know – we will improve the difficulty of the Captcha.
You can use smart Captcha images, which means that the verification code shows up only when the form receives more than one submissions from the same IP address. Also, the number of submissions coming from the same IP address per day can be limited in your Settings → Security section.
Our HIPAA compliant solution is only available on our compliance cloud and includes coverage for all HIPAA statutes, safeguards, protocols, BAA's or business associate agreements, signed confidentiality agreements and NDA's.
On our HIPAA compliance cloud, we offer several different levels of indemnification clauses in our BAA's or business associate agreements plus the availability of two separate insurance policies for professional services and data loss covering you for up to 1 million dollars for each.
Our HIPAA compliance cloud accounts are only supported on our compliance cloud. It is not possible to be HIPAA compliant on our Basic, Gold, Platinum, Professional or Enterprise plans, even though they do offer the SSL encryption, they do not offer the rest of the HIPAA regulations and safeguards. Furthermore, 123FormBuilder cannot be held liable for any HIPAA violations through the use of our platform and services on any of the non-compliant native plans (Basic, Gold, Platinum, Professional or Enterprise).
It is forbidden to create forms that request sensitive data, e.g.: passwords, email credentials or other credentials, from form users. Such forms/accounts will be deleted. It is also prohibited to ask for credit card information via web forms. We offer several user-friendly payment processors. For assistance in choosing the necessary payment method, please contact us.
We do our best to track down and ban all the forms created by users of our service for data phishing purposes. We do this both manually and automatically, through a form validation script.
We strongly disagree the usage of our services for activities related to racisms, segregations, religious hatred or to any activities that are illegal.
We take immediate action upon any user that violates these terms, and such accounts will be immediately disabled.
Accounts may be limited for the reasons listed below. Once the issue is solved, users will have access to all complete submissions.
Payment problems. If there is a payment problem with your account, you will have 7 days to resolve the problem, otherwise you will have limited access to your account and your account will be scheduled for downgrade to the Basic plan after 15 days. While your account is limited, you will be able to access your account and your forms, but you will receive incomplete submissions and you will not be able to access your form settings and submissions. Usually updating your credit card information will resolve the problem or you can contact us for help solving the issue. If you solve the payment problem within the 15 days, the account limitation will automatically be removed and your account will no longer be subject to a downgrade.
Old paid account. If you are an old user on a paid subscription, you will receive incomplete messages. Contact us and we will update your account. You will not be required to pay any additional charges.
Too many submissions. If you are on the free plan and receive more than 100 submissions per month, at first, you will receive incomplete submissions. If your account continues to exceed the submission limit, it will be suspended. Submissions use bandwidth that we can't offer you for free. Upgrade to the Gold plan to receive a higher number of submissions.
Missing backlink. If you are on the free plan and remove the backlink to 123FormBuilder from your forms, you will receive warning messages and, if you don't add the link back to your forms, the account will be limited. Insert the backlink in your forms to resolve this issue or upgrade to the Gold plan.
Phishing. Forms used for phishing purposes are suspended. Owners will not be able to log in and forms will not be functional.
If you use the Basic service plan, you are required to keep the backlink to 123formbuilder.com below your web form. We reserve the right to remove/block any account that does not comply with our terms of service. Repeated usage of our contact forms by Basic users who remove the link to our site may lead to messages not being delivered until the account is upgraded to Gold.
Basic accounts are subject to several limitations, among which the limitation according to which you can have at most 5 forms, each form having at most 10 controls. It is forbidden to create more than one account with the purpose of avoiding this limitation. We reserve the right to disable/delete duplicate accounts.
Each time a form user fills out your form, you receive a form submission. Basic accounts can receive at most 100 form submissions per month. The number of submission is calculated for all of the forms existing in an account, not separately. The submission counter is reset on the first day of every month. Therefore, if you create your free account on October 17, the counter is first reset on November 1 and, then, on December 1 etc.
If you exceed the submission limit in one month, the exceeding submissions will be carried over to next month. If the submission limit is exceeded repeatedly (for three months), the account is limited. Exceeding the submission limit results either in receiving incomplete messages or in having the account suspended and not receiving any messages. This can be solved by upgrading to a paid plan, where there is no submission limit.
Forms created by free users cannot be published on Craigslist.
Users who want to create forms with advanced features, like file upload, custom multiple recipients, data validation etc., are required to upgrade their accounts to Gold, Platinum, Professional, Enterprise or Compliance plans. The payments are handled by our third party payment processor – 2Checkout. If the subscription payment fails (expired credit card, insufficient money etc.), you have 15 days to solve the problem; otherwise, the account will be downgraded to Basic membership.
123FormBuilder reserves the right to change its pricing levels and to establish new charges at any time upon notice (i.e. on the website and by email). Monthly paying users will still pay the old price for at least 6 months, while yearly paying users for at least 1 year. From that point, the new pricing levels will go into effect.
When signed up for a paid monthly or yearly plan, you are charged automatically on a monthly/yearly basis from the payment source you have provided. If you do not want to use the service anymore, you need to cancel your subscription (from the section My Account).The recurring payment terminates only when you cancel the subscription.
Changing payment details
Changing payment details equals to a new subscription. If, for example, you have a Gold monthly subscription that is charged on the 15th of every month and you upgrade to Platinum on January 30, we will refund half of the amount last charged for your Gold subscription, cancel that subscription and upgrade your account to the Platinum plan. The account will then be charged with the Platinum price, on the 30th of every month.
If you exceed your account plan limits, we reserve the right to modify your subscription. You will be notified by email a number of times before this step occurs. If you do not reply to any of our emails, your subscription plan will be upgraded automatically in order to ensure your account's continuity.
We provide a 30-day money back guarantee for all plans purchased from 123FormBuilder. In case of unwanted duplicate payments or fraudulent orders, we will refund the money immediately. Refund requests for reasons like I did not understand what your service offers, I thought it is a one time payment, not a subscription, I don't like how the form/code looks (after the first 30 days) are not accepted – our free membership and all the information on our website makes it very clear, what we offer in exchange for the money you paid, so just cancel your subscription by logging into your 123FormBuilder account and use the remainder of your subscription until it expires.
Our 30 day money back guarantee does not apply when purchasing additional user licenses, sub-user accounts or additional SMS and PDF form layout credits as it is implied that if you are purchasing additional users/licenses or additional SMS and PDF form layout credits you are satisfied with our product and services.
Paypal / Google Checkout order forms
Platinum users and above can create forms with payment integration, that can collect money from the visitors. 123FormBuilder is integrated with several payment gateways, including PayPal, Authorize.Net and Stripe. 123FormBuilder does not accept any liability for the contracts that are not honored. The form owner and his customers must solve their payment problems (if any), without involving 123FormBuilder, which simply provides the framework for the payments and does not take any responsibility for such payment problems.
The electronic signature service is provided "as is" with no express or implied warranty for compliance with state laws. 123FormBuilder is not liable in which concerns the legal validity of the electronic signatures collected within our forms. The form submitter is the sole responsible for the veracity of the signature provided.
Our services are hosted by Amazon Web Services (AWS), which is today's hottest cloud computing service provider. They offer the most stable and scalable hosting services, great uptime, quick support. All data is kept securely on Amazon's servers in multiple data centers located across the United States and in Europe. We have the latest security packages installed and we upgrade the server when necessary. Still, the possibility exists for temporary downtimes independent of our control, as for any other website. It happens very rarely and, when it happens, we do our best to solve the problem as soon as possible.
To minimize latency please email us 1-2 days in advance at support[at]123formbuilder.com and let us know if you expect a submission rate greater than 5000 submissions per day or a large burst. We will take all the precaution measures to prevent any latency. However, we are not responsible for any data loss that might occur to you when the server is not accessible. If you have a commercial website, we cannot be held responsible for the data loss; the best we can offer you is a partial/full refund of the money you paid to us for the month when the server issue occurred.
Because we are located in the European Union, we are subject to the Council Directive 2002/38/EC regarding European regulations on software VAT. The VAT rate in the EU varies between 15-25% depending on the rate determined by the member state the customer is located in. Companies or taxable persons are not charged VAT, but only if they have registered for a VAT ID number, provided that the annual sum exceeds a level established by their residential country.
Individuals and businesses located outside the European Union will not be charged VAT. To find out the VAT rate of your country, follow the list here.
Wix Partner Program
We offer a Partner Program, hereinafter referred to as ‘Program’ or ‘Partner Program’. A participant in the Program is hereinafter referred to as ‘Partner’ or ‘You’.
By signing up to the Partner Program via our Partner Program sign up form and clicking the ‘I agree with the T&C’ box you agree to sign up and certify that a) you have read this agreement and understand all of its contents; and b) you agree to be bound by all terms and conditions of this agreement, including without limitations, all documents, policies and procedures incorporated herein by reference and any possible future amendment thereof or additions thereto; and c) you have no conflict or other restriction in entering or performing this agreement or any part thereof, including receipt of all the applicable approvals required under the applicable law for the performance of this agreement by you.
By signing up to the Partner Program and clicking the ‘I want to receive the newsletter’ box you agree to sign up for the newsletter that we send periodically and that at times contains coupon codes for distribution to your Clients, tips and tricks in making the best use of our product, success stories, and any information that may help you grow and understand the product better.
Violation of any of the terms or any other document incorporated into this program by reference will result in the immediate termination of your participation in the program, without any need to inform you in writing, and for forfeiture of any outstanding Partner fee payments earned during the violation. You agree to participate in the Program at your own risk and expense.
The following terms shall mean:
“Commission’ means the approved and undisputed amount due and payable as follows referral Clients that purchased any of our paid plans, as referred to us by you, our Partner. The commission applies in accordance with our campaigns and may differ at specific moments in time. The exact percentage paid from the net amount from all paid plans purchased by any Clients referred by you is always seen on our Partner Program page.
‘Platinum plan’ is one of our paid plans that we offer to you, our Partner, complimentary, to support getting you up to speed with the use of our advanced product features & help you grow. It is at our own decision for how long we offer your this paid plan complimentary. We reserve the right to offer special discounts to certain paid plans, excluding however a mandatory rule of running these complementary offerings. Make sure you follow the updates to our Partner Program page for any new updates for specifics of the period of your complimentary offering.
‘Coupon codes’ are all the promotional codes we choose to offer to specific events we participate, specific promo campaigns we send via our Newsletter for our Partners, specific cases chosen by your Account Manager, to help you grow and maximise your revenue. They always apply to our paid plans and are usually activated for a determined period.
‘Minimum withdrawal commission amount’ or ‘minimum transaction amount’ is the minimum amount value subject to a commission withdrawal by you, our Partner. It’s calculated as commission percentage from the net amount of all the paid plans sold as referred by you, and needs to have a minimum of at least $50 total value, so that a withdrawal to be possible.
‘Referred Client’ means someone that purchases any paid plan of ours and that has been referred by you. The Partners will have a Reporting section in the product where they will be able to see a status of their progress.
“Confidential Information” shall include, but not be limited to ((a) any modifications to the terms and provisions of the Program made specifically for the Partner and not generally available to other partners of the Program; (b) price guidelines, future service releases, trade secrets, know-how, inventions, processes, programs, schematics, data, pricing and discount schedules, customer lists, financial information and sales and marketing plans relating to Partner Program provider’s services. Confidential Information shall also include any information that we designate as confidential during the term of this Program.
Joining the Program
To being the enrollment process, the Partner shall submit a Signup form via our website. The partner must provide full, true and accurate information in the application. We will then evaluate in good faith the information received and may notify of the Partner’s acceptance or rejection within 30 business days.
Partners may be rejected if the Partner Program provider for any unsuitable reasons and it’s at the sole discretion of the Partner Program provider to be marked as unsuitable for the Program. We reserve the right to terminate a Partner’s participation in the Program at any time. A rejection of a Partner shall not derogate from the right to reapply to the Program at any other time thereafter provided that the Partner complies with the Partner Program provisions.
Unsuitable reasons or activities may include, but not be limited to, sites or activities containing illegal, offensive, abusing, infringing content, or in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethnically or otherwise objectionable, including without limitation, sites or activities that: promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities or incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights of any third party
Confidential Information shall not include information which is: (a) previously known to the other party without obligation of confidence or without breach of this Partner Program; (b) which is publicly disclosed (other than by the Partner) either prior or subsequent to the Partner’s receipt of such information; c) required to be disclosed by the other party by law or by the order of a court or similar judicial or administrative body.
The Partner shall at all times, keep and hold Confidential information in strict confidence and shall not use it for any purpose other than as may be reasonably necessary for the performance of its duties pursuant to this Program.
The partner will not redistribute any coupon codes received via the Partner Program Newsletter or via the Account Manager of the Program, outside of the scope of the respective coupon code campaign, as communicated.
The Partner Program’s materials are provided ‘As is’ without any express or implied warranty of any kind. We do not warrant the accuracy of completeness of the information, text, graphics, links or other items contained on the Program’s site. Any of the information may change at any time without notice.
If you have any questions or want to give us feedback, please contact us.