Shopcat e-commerce cart software services
- Web Ecommerce Cart Owner, the Client, and
- Service Provider, the Company, GLH Group Ltd. (trading as Shopcat )
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to establish a continuous contract arrangement under which Company will provide Web Service Hosting on behalf of Client and Software as a Service (hereafter referred to as the “Service”) for the Client.
Subject to the terms and conditions of this Agreement, Company will provide Service for the Client subject to the following terms:
Service Start Date.
Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
Within the first 30 days, if the Client is not satisfied with the service for any reason, a full refund will be offered, excluding payments to 3rd party services (such as payment or delivery providers).
Length of Service & Renewal by Client.
Client agrees to 1-month contractual term of service (“Term”) and automatic renewal and billing. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes.
This Agreement will automatically renew for successive month, unless canceled in writing by Client prior to the end of Term renewal date. Client can cancel the Service at Client’s discretion, the Service will remain valid until the last paid Term renewal date.
Cost will be $ amount per month in US dollars and includes the services as described in the selected Plan
Any additional services as agreed per relevant addendum.
TERMS OF PAYMENT
Terms of payment are C.O.D. upon signing up for the service. In case of any rejected billings Company reserves rights to cancel the Service.
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.
PERSONAL DATA PROTECTION
Company commits to protect any personal user data gathered during providing the services for the Client. Personal Data can be removed at any request and will not be used for Company own marketing purposes. Personal data will not be shared without service user permission. Users, who use the Service need to agree to share their personal data with the Client. Company will provide access to related personal data to Client. Clients commits to exercise Personal Data protection measures as deemed required in Client’s jurisdiction. Client agrees to delete any Personal Data records as per any Personal Data deletion request conveyed via Company.
Company will exercise no control whatsoever over the content of the information passing through the web site.
Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client's own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
THIRD PARTY SERVICES
Company provides within its services links and connection to third party services and APIs such as payment gateways, delivery gateways and advertising services. Company takes no responsibility for Quality of Service, availability or feature set of such services.
TRADEMARKS AND COPYRIGHTED MATERIAL
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the English laws. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.