1. What these terms cover
These Reseller Terms apply when we give you a reseller account for BuiltByOtte Cloud ("Cloud"), so that you can sell Cloud panels to your own customers. A panel you order through your reseller account is a "Service" under our Cloud Terms. The Cloud Terms, our Terms of Service, our SLA and our Privacy Policy also apply to you. Where they differ, these Reseller Terms apply to resold panels.
A reseller account is for businesses only. These terms apply as soon as we create your reseller account, and you accept them when you first use a reseller API key.
2. You are our customer
- You are our only customer for every panel you order. We have no agreement with your customers and do not bill them.
- You sell to your customers in your own name, under your own terms and privacy policy, and at prices you choose.
- You handle support, billing, complaints and withdrawals for your customers. We support you, not them. If one of your customers contacts us, we send them to you.
- You make sure your customers follow the acceptable use rules in section 7 of the Cloud Terms, and you are responsible towards us for how your customers use their panels.
3. White label
- You may sell panels under your own brand. We do not contact your customers and do not send them e-mail. Messages about a panel, such as its login details, are sent by your own billing software.
- If you connect your own domain, new panels get an address under it. You give us access to that domain's DNS zone, limited to what is needed to create and remove the records of your panels. You can take that access away at any time; new panels then get an address on builtbyotte.cloud.
- You may not present yourself as BuiltByOtte or suggest that we endorse your offer. Paymenter, Pterodactyl, Pelican and Calagopus are open-source projects with their own licenses and names, which also apply to you.
4. Ordering and API keys
- You order, change and end panels through the reseller API, usually through the BuiltByOtte Cloud extension for Paymenter.
- Keep your API keys secret. Everything done with a key counts as done by you. Tell us straight away if a key may have leaked; you can revoke keys and we can issue new ones.
- We take an order when a location has room. We don't guarantee capacity, and we may limit how many requests or panels an account can make.
5. Prices and invoices
- Your prices are the Cloud prices minus the discount we agreed with you. The API shows your current prices.
- Each panel is charged per month, starting on the day you order it and renewing every month on that date until you end it. Addons you add are charged for the rest of the current month in proportion, and in full from the next month. Ending a panel or an addon does not refund the current month.
- Once a month, on your billing day, we send you one invoice by e-mail for everything charged since the last invoice. It has a payment link and is due within 7 days.
- No Dutch VAT is charged because we take part in the small business scheme (kleineondernemersregeling).
- We may change prices or your discount for the future. We tell you by e-mail at least 30 days before the change takes effect.
6. Unpaid invoices
- If an invoice is still open on its due date, we e-mail you a reminder.
- If it is still unpaid 7 days after its due date, we stop every panel on your reseller account and you cannot order new panels. Your customers' data is kept. Stopped panels are still charged.
- When the overdue invoice is paid, the panels start again on their own, usually within minutes.
- If the invoice is still unpaid 30 days after the panels were stopped, we may end your reseller account. The panels then end and their data is deleted as described in section 5 of the Cloud Terms.
7. Personal data
For the personal data in resold panels, section 9 of the Cloud Terms is our data processing agreement with you. You are the controller, or the processor for your customer; we are your processor, or your sub-processor. We follow your instructions, not those of your customers.
- Make sure your agreements with your customers allow the processing and the sub-processors listed in section 9 of the Cloud Terms, and pass on our notices to them where needed.
- We send you, and not your customers, our notices about changes to sub-processors, these terms and prices, and about data breaches.
- If one of your customers asks us about their data, we send the request to you.
8. Availability and liability
The SLA applies to resold panels; any credit under it goes to you. Section 10 of the Cloud Terms applies, and our total liability towards you for all resold panels together is limited to what you paid us in the 12 months before the event that caused the damage. You indemnify us against claims by your customers that come from your offer, your terms or a breach of these Reseller Terms.
9. Ending the reseller account
- You or we can end the reseller account at any time by e-mail, with 30 days' notice. Your panels then end when the notice period ends.
- We may end it straight away, or stop panels, for a serious breach of these terms or the Cloud Terms, or as described in section 6.
- Within 30 days after a panel ends, you can ask us for an export of its database and files, free of charge.
10. Changes to these Reseller Terms
We may update these Reseller Terms. The current version is always at builtbyotte.com/reseller-terms. We tell you by e-mail at least 30 days before a change that is to your disadvantage takes effect; you can end the reseller account before then.
11. Law and contact
Dutch law applies. Disputes go to the competent court in the Netherlands. Questions about reselling or these terms: contact@builtbyotte.com.