Updated: 18th January 2021
THIS AGREEMENT FOR TECHNICAL SERVICES and The supply Of Hosted websites and related services
BY AND BETWEEN:
Likkletek Limited T/A Siteseller.net
(hereinafter referred to as “SUPPLIER )
- Any individuals or organizations who purchase our products and services, hereinafter referred to as “CUSTOMER”.
SUPPLIER and CUSTOMER are together referred to as the “Parties”, and each individually as a “Party”.
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Last updated on: December 10, 2020
Customers subscribing and signing up for a Siteseller website Account or using any related Siteseller Services, are in agreeance and understand that they are bound by the terms and conditions set out below otherwise know as (the “Terms of Service”).
All service provisions by Siteseller governed by these Terms of Service include a variety of services and products to assist you as a vendor in sell goods and services to third party customers, including online services by enabling the Customer to sell via their own online store. Any such services offered by Siteseller are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service.
1. Customer Account Term Stipulations
- Gaining access to Siteseller products and services - The Cusotmer must register for a Siteseller account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information stated as required or mandatory with form fields earmarked with an Asterix symbol. At the suppliers discretion, Siteseller reserves the irrevocable right to reject your application for an Account, or cancel an existing Account, if deemed necessary or for any reason.
- The Customer must be of a minimum age of 18 or the legal age of maturity in the country or state where they reside and from where they acquire and use Siteseller Services or purchase Siteseller products.
- As the Customer, you verify that you are engaging with Siteseller Services provided by Siteseller for the purposes of undertaking legal business activity and not for any personal reasons.
- The Customer understands Siteseller will use their email address given upon applying for an Account with Siteseller or as updated by you from time to time as the primary method for communication with you. The Customer must maintain a valid fully functioning email address that pertains to their Siteseller account.
- It is the Customer’s sole responsibility to keep their password(s) secure from theft or misuse. Siteseller will not be held responsible or liable for any damage or failure your failure to adhere and uphold the security of your customer Account and password credentials.
- The customer acknowledges that they are held solely responsible for populating their siteseller store front with proprietary products, services, images, css code, customisation and any and all other content, and to maintain a satisfactory state of operation of the customer’s Siteseller Store, under the terms of this agreement and Terms and Conditions.
- The customer must also acknowledge that Siteseller is not a 2 sided or multisided peer to peer marketplace platform. All contracts of sale actioned through the Customer’s Siteseller Store front is directly between the Siteseller customer and their respective third-party customers, clients or buyers.
- If the Customer violates any stipulation or recital in this Terms of Service Agreement, Siteseller may reserve the right to suspend or terminate the offending Customer account. The customer is solely responsible and will be held accountable for all content uploaded to the Siteseller Service. If customer uploads any content not aligned with or Terms and Conditions agreement Siteseller reserves the right to suspend or terminate the Customer account.
2. Customer Account Activation
- The Customer signing up for Siteseller products or services by opening an Account will be the sole contracting party herin after know as the “ Customer” or “Store Owner” for the purposes of this agreeement and is the sole entity authorized to use any related linked Account we may provide to the Customer or Store Owner in relation to Siteseller products and Services.
- The Store Owner’s name or trading name or company name if applicable, must be clearly displayed on the Customer’s website store front.
- In the case that you may sign up for a Siteseller account on behalf of your employer, it is your employer who shall be held accountable and deemed solely responsible for the account and it’s related website store front.
- It is mandatory that only one Siteseller website store front be associated with one registered Customer Store Owner with an active Siteseller account
2.2 Accounts For Staff ad Sub Admin/Editors
- The Customer acknowledges that as a Store Owner, they are solely liable and responsible for any actions, posts and malfunctions, or malpractice, generated from the utilisation of Staff accounts or sub accounts.
- The Customer or Store Owner and the users operating under sub Staff Accounts are each referred to as a “Siteseller User”.
2.3 Siteseller Payment Gateways
The customer acknowledges and understands that it is at the Supplier’s sole discretion to decide upon third party payment gateway providers deemed acceptable by Siteseller for integration with Siteseller Store Owner Websites. The Supplier referred to as Siteseller will not be held responsible for any loss or inconvenience caused by any third party payment gateway which Siteseller chooses to use.
2.6 Domain Names
- If a Customer purchases a domain website address name through Siteseller, website address registration will be by default, preset to renew automatically on yearly basis if your Siteseller Website Store remains published. The Customer understands that it is their sole responsibility to deactivate the auto-renewal function.
Siteselller on occasions, will automatically create payment gateway accounts for you to accept incoming payments from transactions. The Customer is responsible for the activation or decommissioning of such payment gateway accounts and the Customer must conduct business aligned and comply with their terms, which are which are determined by third party vendors.
All website domain names purchased via Siteseller will renew automatically. unless the customer chooses to opt-out.
3. Miscellaneous Conditions
- Technical support is provisioned for Siteseller Users only.
- The Siteseller Terms of Service shall be governed by jurisdiction and interpreted in accordance with the laws of the United Kingdom. The United Nations Convention on Contracts for the International Sale of Goods will remain not applicable to these Terms of Service and is expressly excluded from these terms.
- The customer agrees not to buy search engine or pay per click keywords (for instance Google Ads), or domain names that use Siteseller or Siteseller trademarks and/or variations and misspellings thereof and to do so is a breach of these terms.
4. Rights Of Siteseller
- Siteseller reserves the right update, modify or change it’s service for any reason.
- In some cases not all Service provisions and functionality is available in every country or state and siteseller are not obligated to do so.
- Siteseller reserve the right to refuse service to anyone for any reason at any time.
- Immediate Customer Account termination will be actioned by Siteseller if the Store Owner or anyone connected to Store owner, actions abuse of any type, or threatening behaviour towards of any Siteseller Store Owner, Customer, Siteseller staff, member.
- Siteseller reserves the right to mremove any content or material uploaded by Store Owners, if the material or content is deemed inappropriate or misleading or offensive.
- Siteseller provides services to all customers with some Customers who are competitors of other Siteseller Customers. There is no promise of exclusivity in the provision of our services and products to Customers. Store Owners also acknowledge that some Siteseller staff can and may be Customer competitors as well.
- Any dispute in relation to ownership of Store Accounts will result in Siteseller requesting official documents as proof of ownership of store accounts. Such official documents include: drivers license, passport, credit or debit cards on file, government photo id or any other proof we may see fit for the purpose of proving Store Account Ownership.
- Siteseller reserves the irrevocable right to conclude account ownership and reallocate Store Account Ownership rightfully to correct Store Account Owner. Siteseller also retains the right to suspend or terminate any such account under dispute until a resolution is achieved.
Party 1 herein after known as Siteseller.net
Party 2 herein after known as The Customer or Customers
Party 1 agrees:
- not to disclose any information to any third parties or associates, relatives or friends regarding any brand name concepts or designs, mailing lists, contacts or fees or product concepts or product designs or materials or service concepts that Party 2 discloses to Party 1 whether sent via email, verbally or hard copy, unless authorized to do so by Party 2 in writing or in an agreement subsequent to this agreement.
- not to file a patent application or copy or trade for commercial purposes or manufacturing and distribution or brand name concepts or designs, product concepts or product designs or materials or service concepts that party 2 discloses to Party 1 whether sent via email, verbally or hard copy, unless agreed by Party 2 in writing or in an agreement subsequent to this agreement.
Party 2 agrees:
- not to disclose any information to any third parties or associates, relatives or friends regarding any brand name concepts or designs, mailing lists, contacts or fees or product concepts or product designs or materials or service concepts that Party 1 discloses to Party 2 whether sent via email, verbally or hard copy, unless authorized to do so by Party 1 in writing or in an agreement subsequent to this agreement .
- not to file a patent application or copy or trade for commercial purposes or manufacturing and distribution or brand name concepts or designs, product concepts or product designs or materials or service concepts that Party 1 discloses to Party 2 whether sent via email, verbally or hard copy, unless agreed by Party 1 in writing or in an agreement subsequent to this agreement.
3. This undertaking will exclude any information which:
3.1 was already known to either party before the date of the receipt or exchange of the information from either party, except in the instance of business to business where by a third party company or client or service provider had disclosed such information with regards to implementation of such services or products in relation to either party’s brand name concepts or designs, product concepts or product designs or materials or service concepts.
3.2 has already been made available to the public by publication or otherwise in the UK or elsewhere, or subsequently becomes so without contravening either Party’s rights.
7. Liability Limitation
- The Customer acknowledges and understand that Siteseller and any of it’s 3rd party suppliers or vendors shall not be liable for a loss of profits, loss of data, damages or loss of property, personal injury or loss of life whether caused directly, indirectly including the downing of the Siteseller service due internal or external issues which may occur periodically but not often.
- The Customer agrees to indemnify and hold Siteseller and any related individuals, companies or organisations, harmless from any demand or claim against us, including legal fees, made by a third party entity due to or materialising out of the customer being in breach of this Terms of Service.
- Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- The Customer acknowledges and understands that Siteseller does not warrant in any way, that the Service provisions herein will perform uninterrupted, secure, timely or free from technical erroneous events which may or may not have an effect.
- The Customer acknowledges and understands that Siteseller does not warrant that any results obtained from our service provisions will be reliable or accurate.
- The Customer acknowledges and understands that Siteseller is not responsible for any Customer tax obligations including any financial liabilities related to the use of Siteseller Service or product provisions.
- The Customer acknowledges and understands that Siteseller does not warrant in any way that the quality of any service provisions, products, information, or other content or materials purchased or obtained by you through our service provisions will gratify Customer expectations, or any erroneous occurrences in service provisions or products will be reconciled.
8. Waiver, Severability, and Complete Agreement
The failure of Siteseller to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Siteseller and govern your use of the Services and your Account, superseding any prior agreements between you and Siteseller (including, but not limited to, any prior versions of the Terms of Service).
9. Customer Content – Copyright IP
- Siteseller does claim any intellectual property rights over content material provided by Customers as content for their Store.
- The customer agrees that by uploading content for trading purposes to any siteseller website or website store, the customer grants all internet users the right to view any Materials a Customer may post publicly to their Store and to allow Siteseller to store, and in the case of Materials you post publicly, display and use your Materials; and that Siteseller can and may at any time, currate and remove all Materials submitted or posted, although Siteseller is in no way obligated to do so at any point in time.
- The Customer retains ownership over all content uploaded to their respective account for the purposes of display on their Store fronts. The customer is responsible for complying with copyright infringement and plagiarism laws.
- The customer acknowledges that Siteseller retains irrevocable non-exclusive right and or license to use the names, trademarks, service marks and logos associated with the Customer’s Store to promote the Sitseller Service provisions.
10. Store Theme Template
- The Customer retains the right to customise or modify their Store but must not display any materials or content deemed offensive or threatening including hate speech, racist or gender based slurr or cruelty to animals or any living species know or unknown throughout the unverse including on earth.
- If the wishes to download their store there will be a fee of £400 incurred. Contact email@example.com to do so.
- The customer acknowledges and understands that Siteseller retains the intellectual property rights in original design of any prebuilt templates or themes supplied to Customers.
- It is the sole responsibility of the Customer if in the event the Customer damages their Store website by altering code or by any other means. Contact firstname.lastname@example.org
11. Email Stipulations
When sending emails from a Customer website store account including transactional and promotional, email sender Customers must comply with all laws and regulations set forth in the sender’s country of operational origin and recipient’s destination. It is the Customer’s responsibility to keep up to date with such laws and regulations globally.
- For the purposes of detecting malicious or fraudulent use of emails via any Siteseller Store, the customer grants Siteseller the irrevocable right to scan the content of emails the Customer sends using the Email Services prior to the emails being received by recipients.
- The Customer accepts that Siteseller cannot guarantee that any email service provision will be free from errors or threats, and individual Siteseller merchants will be solely responsible for all email content produced by their Store.
- The Customer agrees not to use our email service provision for: pyramid schemes, kidnapping, treason, spamming, genocide, dealing of illegal substances, firearms and other weapons designed to maim humans or animals or for any other purpose deemed illegal or unacceptable by Siteseller.
12. Fee Payments
- The customer warrants and agrees to pay all applicable subscription fees. No fee sales fees are charged by Siteselller, although intermediary payment gateways such as paypal and various others alike charge transaction fees. It is the Store Owners responsibility to keep up to date with 3rd party payment gateway fees.
- The Customer is obliged to keep a valid form of authorized payment on our system with us to cover monthly subscription fees or to cover the cost of any other products or services.
- All subscription fees are payable 30 days in advance and will reoccur every 30 days according to customer billing dates.
- In the event that Siteseller are unable to process subscription fees using an a method of authorized payment, Siteseller will attempt a 2nd time to process a payment using any Authorized Payment Method after 3 days of the 2nd attempt at processing payment. If payment continues to fail, Siteseller reserve the right to suspend or terminate the Customer account to which the failed payment attempts pertain.
- There are no refunds on fees.
15. Cancellation and Termination
- He customer reserves the right to cancel their account at any time. At such time, the Customer will have access to their cancelled account. No refunds whether pro rata or not will be actioned. Any outstanding subscription fees will be deemed payable in full. Your Store website will be removed from service and will not be visible on the internet although some links may still appear in search engines.
We may change or terminate your account at any time. Any fraud and we will suspend or terminate your account.
16. Service and Price Updates
- Siteseller will from time to time vary its pricing structure and service offerings.
Siteseller at anytime may alter or discontinue service provisions, without being liable to any claims.
17. Third Party Services
Siteseller is not responsible for any loss or damaged caused by using third party services or products. The Customer agrees to use third party services at the Customer’s own risk.
21. Third Party Rights
The Customer acknowledges that only Siteseller and Siteseller Users or Customers and any entities accessing Siteseller service provisions have rights under this Terms of Service Agreement.