1) Subject of the Agreement
Subject matter of this Agreement, the use of the Internet application by the customer via the Internet or similar network connection (s).The application remains at all times the property of GetSocialShops.com, hereinafter referred to as provider, and will be made available to the customer on behalf of its online store operations. The application allows the customer to sell through social networks / websites. Products The application offers customers a powerful e-commerce tool, leveraging the well-known social networking features.
The customer can open an online store or marketplace through the provider or service packages using one of the affiliated provider websites, by obtaining a hair fee. Provider offers a variety of shopping options from which customers can choose. Provider offers a thoughtful and very user friendly interface, which the customer with a few simple steps can install without any need a domain name and hosting server or an online store.
Customer and store related information is stored on the servers of the Provider. The customer via the web anytime access to his shop (s). Provider enables (re) buyers are able to access the online stores via the common internet browsers, and use.
2) Licence, application use and intellectual property
(A) The customer has "right of use" of the application software and never will own the application. The "right to use" includes all software features, which are described in the section "Software Specifications". The provider acts as an "Application Service Provider (ASP)" and offers the application as a service. The application remains physically present at the server systems of the provider. The provider allows the customer storage facilities on its server systems for store-related matters such as: product images, product information, logos and the like.
(B) The provider sets itself obliged to correct the application. Permanently The provider is innovative and always looking for new opportunities and added value for its customers. New products, services or shop options are communicated via the website or email.The customer can not claim newly added functionality. The provider only assesses whether new functionality offered within the existing service packages, or within newly added service packages.
(C) The provider uses the following availability windows for its application:
24x7 network uptime of 99.9%
24x7 Hardware availability 99.9%
Customer acknowledges that the provider if necessary preventive and corrective maintenance commits between 00:00 to 6:00 on weekdays. The provider, the customer will be informed by e-mail promptly inform.
The provider must at all times service and maintenance consultations in case of major incidents: capacity expansions, hacking attempts, deliberately induced digital nuisance in any form and related incidents of that nature. Customer understands that in such cases there is kind of impotence and force majeure and accept this.
(D) Customer acknowledges and agrees that the website files, other content and application features (s), licensors and / or users of provider, which are protected by applicable intellectual property, including but not limited to copyright, database rights, neighboring rights and trademark rights.
(F) It is explicitly not allowed to download files, data, programs and / or materials to copy, modify, publish, use for direct or indirect commercial purposes or for any different purpose other than the purpose of the application as described in these terms and conditions.It is therefore include, but are not limited to, not allowed without written permission from provider to request or to reuse or to request repeated and systematic non-substantial parts of the website or reuse as substantial parts of the website specified in the Database.
(I) It is not permitted to remove notices or statements with respect to intellectual property to make illegible, hide or change.
(J) The customer may not make changes to the software. This does not apply to changes that are necessary for the correction of errors, given that the provider has been to correct this error in default.
(K) It is the provider in relation to Article 2 of this Agreement permitted to deny the use of the website and application for a client and or remove, if the customer is in violation of any of the items listed under Article 2 D to customer data with J. The provider, the customer will be notified of in writing or by e-mail notify.
(L) If the customer is liable for the damage, the provider of the customer's claim damages under Article 14)
3) Data storage, transport and storage
(A) The customer shall store the possibility to store. Related data The data may be accessed by the customer. Benefit of the applicationThe provider only guarantees the provision of storage space. The provider is not required to keep the information processed by the customer or transmitted data or to maintain. The customer is responsible to adhere to the valid trading and tax retention periods.
(B) The storage capacity available to the client set is further explained in these terms.
4) The processing of personal data
(A) The customer is responsible for complying with all legislation and regulations on data protection. The provider processes the personal data furnished by the customer, exactly as those offered by the customer. The provider can not be held responsible for incorrect entry of personal data by customer liable. The provider will notify the customer immediately if it considers that offers customers personal data, processed and or mutate, contrary to legislation and regulations on personal data.
(B) The provider uses the customer data entered solely for the purpose of exports, concluded between the customer and provider agreement on the provision as an ASP service of an online shopping system. The customer agrees to the collection and use of its data serving to perform this Agreement.
5.) Data released
(A) The provider will inform the customer without charge forward of customer data only in the following cases, a copy upon request:
the client has at least 3 months and paid services declined
the contract between the customer and the provider officially ended
the customer has timely filed its request in accordance with conditions by e-mail, with the correct data
and taking into account the following conditions:
the customer must submit the request before the client terminates the contract by removing the account. If the customer first account deleted not to reproduce customer data
the application is submitted by e-mail, using the e-mail address that the client has registered itself
the customer accepts a delivery of a compressed copy via the Internet / e-mail: yousendit.com or similar
(B) The provider has no right to information about customer retention and right of lien in accordance with Articles (BW3 / 290 & BW3 / 237).
(3) The provider customer information removed 30 days after the agreement between the customer and provider is officially canceled by customer. The customer is responsible for requesting a copy of the customer data before themselves the agreement between the customer and provider terminated by removing the account by customer. The provider can not be held responsible if customer failed within 30 days of end of contract, asking its customer data. Copies liability The customer is responsible for checking legibility and completeness of the information provided by the provider a copy of customer data. The provider will put the customer informed during the process of data transfer.
The provider is responsible for the backup of all customer data on its server systems.
7) Access rights
The customer will receive a username and password, which the customer can log in to the client area of the site safely. The customer is obliged to keep his access information confidential and may be username and password only and only use to access the application using the Web site portal.
8) Obligations customer
(A) The customer provides a data connection between his PC and server systems provider with a view of the application to use. It is the provider allowed to settle in a different network connection if it appears to be a further optimization of its services required. If necessary, the customer needs to adapt in order to make this new network connection. Use the data connection
(B) The agreement between the customer and provider for the use of the application depends on the extent to which the use of different network components: PC, network, router, access point, firewall and antivirus software, OS software, network protocols, etc., by the customer, meet the minimum system requirements further in these conditions is explained. The configuration of the IT systems used by the customer is a responsibility of the customer.
(C) The customer is responsible for ensuring that published it online store is in no way detrimental to the rules used by the customer social network / website. The customer will regularly check its online store will still satisfy the rules of the social network used by the customer / website. The customer is solely responsible for the content of the online shop, the provider can this not be addressed.
9) Technical requirements, limitations and exclusions
The application makes it possible to start a social network or a website an online store. Provider has no effect on the operation and availability of the Internet, used social network and the website used. It may be necessary to open a social networking website or an account. The customer is responsible for establishing and maintaining such an account.
10) Rights to data usage, format and storage
(A) The customer gives the provider the right to store the data furnished by the client and reproduce so that the provider is able to perform. ASP service, as set out under this agreement, The provider has the right to bring in one or more data centers the information provided by the customer and if necessary file and or changing provider if deemed necessary. Structure of the data
(B) The customer is not allowed to have third parties to use. Services provider This includes not those of the service may use only under an existing agreement between the customer and service provider, such as employees of the customer free of charge.
11) Database Use
The customer has the right to the created by the customer databases and database content, both during the term of the agreement between the customer and provider and after termination of this Agreement. The client will have the recording. Article 5A in eight
12) Pricing & Billing
(A) Provider brings charges for the services provided for application use, data processing, data storage and backup. The rate will be charged monthly. Presented prices are inclusive of VAT.
(B) The fee must be paid, including the applicable rate of VAT by the customer. Customer must for VAT settlement to take care.
(C) Provider charges the customer by e-mail. Payment must be made within 15 days of receipt of the invoice.
If the customer has not paid within the 1st period of 15 days, one provider sends an email reminder invoice with the request within 10 working days to pay. The 1st reminder invoice also includes the information that the customer € 2.50 incl. VAT handling fee is charged if the customer invoice does not comply within the 2nd period of 10 working days into account.
A second email reminder invoice is sent in which the rate is increased by € 2.50 administration fee, if it appears that the client has not paid the bill. well within the second payment period of 10 days The 2nd reminder invoice is also equipped with the announcement that all the services that the client be closed decreases as the 2nd reminder invoice is not paid. Within 6 working days
If the client still remains in default after the second email reminder bill, the provider has the right, after 6 days after the second emailreminder invoice exit. services for the customer immediately The customer will be informed by e-mail which also indicate that in the absence of the payment account and associated data will be deleted after 30 days. This is the agreement between the customer and provider immediately dissolved and the customer must observe. Article 5A
D.) Provider uses the Facebook API. The provider is entitled to charge any costs arising in the monthly or annual fee to the customer. Changes through out the Facebook API
13) Contract cancellation &
(A) The contractual relationship begins immediately upon purchase of the chosen package of services by client and indefinitely.
(B) The agreement between the customer and provider can be terminated by both parties. The customer may terminate the contract at any time by removing the account. Already paid subscription fees for services not used / period are non-refundable.
(C) A termination of a contract by the provider as a result of or in connection with a violation of human rights, is possible only after prior written notice, with a reasonable response period of not less than five days.
(D) The provider may terminate the agreement between the customer and provider terminate without advance notice if the customer a monthly invoice does not comply, despite repeated warnings in accordance with Article 12.
(A) Provider is not liable under the law or under the contract, known as consequential damages the customer or a third party may suffer in respect of the performance by the provider of the agreement or the use by the client of the ASP service , below also includes business interruption, loss of data and material damage. In particular, also mean consequential damages, relating to or resulting from interruptions in or blocking of access to the application with provider or third parties, a lack in the security of the stored by the client information on the server systems operations from other customers or other internet users, login procedures, username and email address.
(B) Provider to the customer per event shall be liable only up to twice the amount paid by the customer to provider monthly fee for the service (s). Per year compared to the same provider customer is only liable up to a maximum of twice the monthly rate payable by the customer for the service provider (s).
(C) The provisions of the previous provider's liability under Title 3, Section 3, Book 6 BW (product liability) unaffected.
(D) In addition, providers will not appeal to the limitations on liability provided that the damage is the direct result of intent or gross negligence of provider OR ITS staff.
(E) Damage should as soon as possible but no later than four weeks after the occurrence thereof, to provider reported writing or electronically. Damage not brought to the attention of provider within that period shall not be recoverable.
15) Applicable law and disputes
(A) In these Terms and Conditions as well as the agreement between customer and provider is governed by Dutch law.
(B) Any dispute between the customer and provider of conclusion or implementation of the agreement can be made to the arbitration committee. Before both the customer and by provider
(C) A dispute by the arbitration committee discussed only if the customer complaint submitted under Article 14E. Provider at first
(D) The dispute must be seized. Later than three months after it has arisen with the Disputes Committee
(E) If the customer makes a dispute to the Disputes Committee, provider bound by this choice. If provider wishes to the Disputes Committee, a dispute should provider to the customer requests within five weeks indicate whether the customer agrees. Provider should specify that provider will consider freely make. Dispute before the competent civil court proceedings after the expiry of the period of five weeks at the request
(F) The Arbitration Commission shall decide in accordance with the provisions of the regulations applicable to her, which will be forwarded on request. The decisions of the Disputes Committee shall be construed as binding advice. For the treatment of a dispute to a fee.
(G) The applicability of the Vienna Sales Convention 1980 (CISG) is excluded.
APPENDIX I - functional description application
Provider shall notify the customer, the shop owner, is able to:
Use to register and log in with your email address and password of our website;
Find out if you hit it accidentally lost your password;
To launch Facebook pages, depending on the chosen by the customer service a marketplace;
Create / edit various online stores on Facebook to provide a name, logo, business hours, contact information, and more ..);
To use with different currencies, payment methods, shipping and languages online store;
Each online store to assign to one or more Facebook pages;
Removing stores and products altogether or temporarily 'not visible' set;
The customer can use the following shopping options, depending on the chosen subscription:
Uploading multiple products with title, description and up to 4 pictures and video;
Setting up shipping by product;
Offering product variations;
Applying different product discounts-and marketing options: Product Discounts, Daily offers, Pay with Likes, I Like Sticky Shop discounts and depending on the service selected by the customer;
Several store data im-and export using CSV files.
The assignment of products to a category;
Marking products as 'Recommended' making them featured on the front page of the store are displayed;
Sorting of products and or categories;
The search for products by name or product number;
Removing products and whether the temporary publishing products;
The customer can use the following administration features:
View orders like: price, quantity, variations, payment method, shipping method and more ..;
View Client Details including: contact details and delivery address;
Reading and processing messages from buyers;
Tracking of sales statuses;
The search for orders;
Exporting customers and orders to CSV file;
The customer can use next billing options :
Invoices can be sorted by date;
Invoices can be downloaded as PDF;
Invoices can be searched based on invoice number;
The invoice contains all sales data
Annex II - Glossary
Provider: Finkel BV, PO Box 42, 4200 AA, Gorinchem, Netherlands
Customer: The person entering into a contract with Provider
Buyer: The person who enters into a contract me the Customer
Application: Online Shop System Provider
ASP: Application Service Provider