Terms and Conditions
SERVICES AND SUBSCRIPTION PLANS
1.Services provided by the Provider are:the right to use the Provider’s platform for creating an Online Store andShared Hosting included in a package for a price payable by the User on the basis of their choice of subscription plan.
2.1.The cost of the Services provided is determined by the subscription plan selected by the User.
2.2.1.You can find information about the subscription plans and the service packages included in them at: https://cloudcart.com/en/pricing.
2.2.2.All questions about the Services you can ask at: [email protected]
2.3.The User pays the price of the Services at the beginning of each subscription period, where the subscription period may be fixed on a monthly or annual basis. Upon receiving the payment of the subscription price and all information necessary to issue an invoice, if it was not provided when creating the personal profile, the Provider sends an electronic invoice to the e-mail address specified by the User. The latter agrees and accepts the electronic invoice as a sufficient and valid document on the basis of which the payment can be executed. In this regard, it is essential to provide a valid, correct and active e-mail address.
2.3.1.The User is obliged to pay the price of the Services by a credit or debit card.
2.3.2.The prices published on the Provider’s website include VAT.
2.4.The Provider confirms receiving the payment, through the activation of the Services and is not responsible if the User has not specified a valid e-mail address or does not receive the invoice due to any other reason that the Provider is not responsible for.
2.5.By accepting these General Terms of Use, the User explicitly declares that if they don’t pay the monthly subscription price for the period and / or for a specific Online store, they do not wish to use the Services for of this Online Store, or for the unpaid period. Failure to pay entitles the Provider to immediately remove the User’s Online store / Online stores from the server, without the need of a preliminary notice or compensation. The Provider reserves the right, in his sole discretion, to store all or part of the information contained in or linked to an online store within 30 days from the date of expiry of the last paid monthly subscription.
2.6.By agreeing to these General Terms of Use, the User confirms that the use of the Services, including the use of information processed or stored by CloudCart is carried out in accordance with paragraph 9 below.REGISTRY PROCEDURE
3.1.To start using the Services, the User needs to create a Personal profile and an Online store and in order to test the functionality of the system has the right to test it during a trial period of 30 (thirty) days. For the use of the Services throughout the test period, the user does not pay the subscription price.
3.2.During the trial period the User cannot actually sell goods through the established Online store.
3.3.During the trial period the User can use all the features of the established Online store, with the exception of those described under item. 3.2.3.4.To access the administration panel and thus start using the Services, the User needs to create a Personal account through the Provider’s platform introducing the necessary data and pressing the "Create Now" button. Simultaneously with the creation of the Personal account a unique client code is generated for each User. The code is used for the identification of the latter and for statistical purposes.
3.4.1.After entering the data referred to in each field, the User confirms by clicking on the "Register" button. Prior to the completion of the registration procedure, the User should be aware and confirm that they agree with these General Terms of Use. By filling in the details and clicking on the "Register" button, the User declares that they are familiar with these General Terms of Use, agree with their content and unconditionally undertake to respect them.
3.4.2.Once the Personal account has been created and if the rest of the procedure described in these General Terms of Use has been followed, the User needs establish a personal password for remote access.
3.4.3.The supplier confirms the User’s registration by sending an e-mail to an electronic address specified by the User to which the data for registration activation is sent. With the activation of the registration by the User, contractual relations arise between the User and the Provider in connection with the use and provision of Services.
3.4.4.The Provider is not responsible for incorrect or false data filled in. The User undertakes to promptly update the data mentioned in their registration in case of any changes therein.
3.5.After creating an account, the User can create their own Online store using the button "Create my store now".3.6.When creating an Online store the
User must indicate:)A domain name;2)A subdomain;3)An account;4)A password;
3.7.By clicking the "Create my store now" button, the User creates their own Online store according to the general provisions of these General Terms of Use and concludes an individual contract for the creation of a particular Online store.
3.8.For the creation of the Online store, the User receives a confirmation via the e-mail provided during the creation of their Personal account, according item. 3.4. above.
3.9.For the launch of the Online store, the User needs to use the password for account access. The User bears full responsibility for protecting their password and for all acts performed by them or a third person using it.
3.10.For the avoidance of doubt, the Parties agree that the Provider provides to the User an Online store without content; the user should introduce the name, description and price of the products offered, attach images of the products and create an individual design and overall concept of the Online store, their own marketing tools, individual conditions of sale and everything else that is necessary for the launch and operation of a legitimate Online store.
3.11.1.The registered User bears the sole responsibility for the veracity and lawfulness of the entered information on products and other content in the Online. The User agrees that the Provider is not responsible for the information, texts, images and materials published by the User, and their compliance with the applicable legislation.
3.11.2.The Provider will consider a contractor, the person indicated as the holder of Personal account. This person will also be the user of any other accounts that the Provider will create and provide to the User with regard to the use of the Services.
3.11.3.In the event that a person creates a Personal account, as an employee and within the scope of their employment obligations, the employer will be considered the holder of the Personal Account. In this connection, the employee, by creating a Personal account for their employer, within these General Terms of Use, declares that they are duly authorized to do so by the employer.
3.11.4.In the event of a dispute regarding the ownership of the Personal Account, the Provider will consider their counterparty the person by whose credit or debit card the subscription plan has been paid, and for the purpose of clarifying the dispute, the Provider reserves the right to require the provision and any other documents proving the rights of the parties. During the process of resolving the dispute, the Provider may at their discretion suspend access to a Personal Account.
3.12.As the Provider does not offer or sell the Products to the end users of the Online store, the Provider is not responsible for the sale, payment, delivery, complaints and return of products ordered by the end users of the Online store, which is a responsibility of the User.
3.13.As the provider does not offer or sell the Products to the end users of the Online store, the Provider does not assume and will not have any liability or responsibility to the end users of the Online store under the Consumer Protection Law, as well as to other vendors and enterprises under the Law on Protection of Competition, since the Provider is not a trader or supplier of the products sold, but only offers service for the creation and maintenance of the User’s Online store.
3.14.The User is responsible to provide all licenses, permits and registrations for the sale of legitimate products through the Online store.
3.15.The User is obliged not to modify and not to interfere in the proper operation of the system, including but not limited to not frustrating the procedure of identification of another User, not accessing beyond restrictions, not preventing other Users from using the platform for Online stores.
3.16.The User agrees that in case of any dispute with third parties or a penalty or any other kind of punishment for the Provider, the User will indemnify the Provider for all paid fines, damages and other expenses resulting from fraudulent or unlawful acts or omissions of the client, including in case the User has provided false data in the Online store, has violated consumer’s rights, copyright rights of third parties, personal data, competition rules and other legal requirements and regulations and so on.
3.17.The User confirms that they are aware that the Services may be provided to the public, including competitors of the User and the User agrees with this.