Terms and conditions
1. Introduction1.1 These terms and conditions ("Terms and Conditions") apply to the provision of services to create and manage an ecommerce store based on an Add2Cart platform (powered by Prestashop), as described below under Paragraph 2 ("Services") provided by Add2Cart S.r.l. ("Add2Cart") through the website www.add2cart.com ("Website").
1.2 Use of Services is reserved exclusively to professionals, meant as natural or legal persons acting in the exercise of their professional activity (“Clients” or “Client”).
1.3 Access to and use of Services are conditioned on Clients’ acceptance of and compliance with these Terms and Conditions and imply their full knowledge of the same. We may amend these Terms and Conditions at any time without prior notice. Clients are invited to carefully read these Terms and Conditions, made available on the Website, before using the Services.
2. Services2.1 Services include, in particular:
- hosting of the Add2Cart platform;
- domain name registration on behalf of Clients;
- technical support;
- graphic customization;
- creation of customized modules;
- modules and additional template.
3. Purchases3.1 To use the Add2Cart platform, Clients shall choose a monthly profile among those available on the Website, create a client account by fill in the registration form available on the Website and indicating the domain name upon which they want the Add2Cart platform installed. Clients may also decide to install the Add2Cart platform upon an already owned domain name.
3.2 To create a client account, Clients shall provide an email address and a password, as requested by the registration form. Client is the sole responsible for maintaining the security of his/her account, password and files, and for all the uses of his/her account and of the Services. We reserve the right to refuse or close those client account which are deemed inappropriate, at our sole discretion.
3.3 After creating a customer account and indicating the domain name as per Paragraph 3.2, Customers shall select the desired payment method, consistently with Paragraph 4. Once acknowledged these Terms and Conditions, Customers shall choose the “Send Order” option.
4. Price and Payment Method4.1 Prices of the Services are expressed on the Website in Euros. Customers may pay for Services by credit card, with the options indicated on the Website, or with PayPal.
4.2 We undertake to activate the platform within 48 hours from our acceptance of the order.
5. Domain Names5.1 We register domain names in the Customer’s name and on his/her behalf, through Registrant eNom. Domain names registered by us will remain the property of the Customer, also after deactivation of a customer account.
5.2 By sending the order, Customer gives us mandate to perform all those activities which are necessary for purposes of registration of the desired domain name, included the acknowledgment of terms and conditions and privacy notices made available from time to time on the websites of Registrant used for the domain name registration.
6. Renewal of the Customer Account or Domain Names6.1 Customers acknowledge and agree that customer account or domain names renewal is their sole responsibility. We do not have obligation to the Customers in this respect. Customers acknowledge and agree that we are not and will not be responsible for failed renewal, for any reason, of customer account or domain names. Customers acknowledge that we may not be able to renew the customer account or domain names for many reasons, such as, without limitation, our impossibility to charge the renewal costs on the Customers’ credit card or PayPal account, for any reason. Customers acknowledge that such customer account and/or domain names, where not timely renewed, will be automatically closed.
7. Termination of the Automatic Renewal of the Customer Account or Domain Names7.1 To terminate the automatic renewal of the customer account or domain names, Customer must send an email to firstname.lastname@example.org at least 16 (sixteen) days before the date of expiry of the customer account or domain name, asking termination of the automatic renewal of the customer account or of the automatic renewal of the domain name. Customer may also terminate the automatic renewal of the customer account or of the domain name directly from his/her control panel for management of the customer account. We agree that at the moment of receipt of the termination request no additional costs will be charged to the Customer, and that the hosting account and/or the domain name will be deactivated in the same day of request of termination. Data archived in the account (if any) will be completely deleted.
8. Backup8.1 To keep a high standard of efficiency, we carry out regular back-up of data on our servers, but will not have an obligation or duty to the Customer to carry out such a back-up. Customer acknowledge that is his/her sole responsibility carrying out back-up of data and files hosted on our servers.
9. Intellectual Property Rights9.1 Services are based on Prestashop, the open source software designed for the ecommerce, and are integrated with modules, codes and graphics which are our exclusive property and creativity. Use of Services does not imply any grant to the Customer of a license to use our modules, codes and graphics. We reserve the right to authorize any reproduction, permanent or temporary, in whole or in part, by any means and in any manner, of the same; their translation, adaptation, elaboration and any distribution to the public. Customer may not, directly or indirectly, amend, decompile, or disassemble the source code of our modules.
9.2 Use of Services does not imply grant to the Customer of any right or interest in our trademarks, products, project, intellectual property right, trade names, slogan or other distinctive mark belonging to us. In particular, Customer may not, without our prior and express authorization, use any name, trademark or other distinctive mark for brochure, advertising or other communications with promotional and commercial purpose, nor he/she may refer to the professional relation with us to promote himself/herself or his/her business, services or affiliated companies, also after deactivation of a customer account or after the withdrawal.
10. Liability10.1 Customer undertakes to use Services in the full observance of the applicable law, and is the sole responsible for the content of his/her website(s). Customer also undertakes to assume:
- any risk related to the use or failed use of the Services, as well as to the content of his/her website(s);
- full liability in connection with prejudice caused to third parties due to the use of the Services, or by the content of the Customer’s website(s), even after deactivation of a customer account or after withdrawal of the Customer.
Other than mandatory provisions, Customer undertakes not to hold us liable for any damages deriving from the use of Services or from the content of his/her website(s).
10.2 Use of the Services is at the Customer’s own risk. We make any effort to provide Services on a continuative basis, without however assuming any obligation in this respect. In particular, we make no warranty and disclaim all responsibility in connection with functionality of the Website, modules, codes and graphics under our property and the Services, and whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis, or that the Website will be errors-free.
10.3 We cannot be held liable, in any circumstance, for loss of Customers’ data or files hosted on our servers.
10.4We cannot be held liable for use of domain name(s) chosen by Customers at the moment of installing an Add2Cart platform. Customer undertakes to indemnify us with respect to any claim of third parties in connection with Customer’s domain name(s), such as, for example, trademark claims, even after deactivation of a customer account or after withdrawal of the Customer.
11. Deactivation of a Customer Account and Withdrawal11.1 We may deactivate a customer account at our sole discretion whenever we deem that it infringes a third party’s rights or is in any other manner contrary to applicable laws, or when requested by the competent authorities.
11.2 We may deactivate a customer account also in the event the Customer does not pay the balance on the latest two or more invoices.
11.3 Customer may withdraw from the contract at any time with the following modalities:
- sending an email to email@example.com;
- sending a written communication to the following address: InMedio LTD, 3 More London Riverside - London SE1 2RE - UK;
- asking deactivation of the client account directly from the Client’s client area.
11.4 In case of withdrawal, Customer does not have any right either to reimbursement of the price paid to us nor to any refund.
11.5 In case of deactivation of a customer account or withdrawal, we may delete any Customers’ archived data within 30 days after the date of deactivation or withdrawal. In case of deactivation of a customer account for reasons under paragraph 11.2 above, we will immediately delete all Customer’s data.
12. Data Export12.1 After termination of the Services or in any other circumstance, Customer may export the following data:
- customers list in csv/xml format;
- products list in csv/xml format;
- products images folder;
- template images folder;
- files of the Prestashop community edition platform on which Customer’s Add2Cart platform is based.
12.2 Customer cannot in any circumstance export the Add2Cart modules included into /app folder, and related sub-folders. If Customer wants to change the modality of using the platform or to continue using it with modalities different from those normally included into the Services, Customer may agree with us costs and modalities.
13. General Clauses13.1 In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions will remain in full force and effect.
14. Governing Law and Jurisdiction14.1 These Terms and Conditions are governed by, and shall be interpreted in accordance with, the laws of Romania.
14.2 The Romanian courts shall have exclusive jurisdiction in relation to all disputes, claims, legal proceedings arising out of or in connection with the Services and these Terms and Conditions.
15. Contacts16.1 For any further information and assistance on the Website or on the modalities of purchasing on-line the Services Customers may contact us to the following email address e-mail: firstname.lastname@example.org, or write to the following address:
3 More London Riverside
London SE1 2RE - London (UK)