1. Our services
Web-Art Solutions Limited (a company registered within England & Wales under the number 07488780, in whose registered office is at 24 Huxley Close, Northolt, Middlesex, London, United Kingdom or perhaps (unless we have notified one to the contrary) in the case exactly where Services are provided to individuals ("us And we") provide eBay stores, listing templates, eBay web template themes, associated services (the actual "Services"). We may provide some or all of the Services through an alternative party chosen by us.
You should read these Terms & Conditions carefully, as they govern your use of our Services. Through the use of our Services, you accept these Terms & Conditions completely. If you disagree with any kind of these, please do not use our Services.
We may amend these Terms & Conditions from time to time. Please check this site regularly to ensure that you are familiar with the current version.
2. Intellectual property rights
Unless otherwise stated, we (or our licensors) personal all intellectual property privileges in our Services and all substance on our website. Usage of this material is permitted just where expressly authorised simply by us and under no circumstances will the use of our Services offer to you any interest in virtually any copyrights, trademarks or other intellectual home rights belonging to us or any third party. For the prevention of doubt, you are not allowed to download or use virtually any widgets or other material our own website or arising from our Services other than as allowed by section 5.
3. Use of our Services
The help and material provided via our Services is to improve your online product. You might use the Services solely for this purpose just, subject to the prohibitions in section 5. Any other type of use requires our prior written arrangement.
4. Our respective commitments
You shall permit us to position discrete " store design simply by ebaystoredesign.org" or similar branding upon any store design or perhaps template created, designed with all the Services You must not remove, protect or otherwise interfere with this personalisation, and have no claim over revenues derived by us from such branding.
You agree to provide us with true, precise, current and complete information since reasonably required by us, and promptly notify us associated with a changes to that information.
When using our Services, you mustn't:
(a) transmit or rotate material contained on the website or our Providers to a third party (including republication about another website) other than contacting extracts or the page link for personal, non-commercial review purposes or perhaps where we have specifically and also expressly created such material to be made available for redistribution through you;
(b) sell, lease or otherwise sub-licence our Services or even material on our web site;
(c) reproduce, duplicate, replicate or otherwise exploit material from your Services or from our internet site for a commercial purpose (besides in respect of enhancing your online product listings;
(d) modify or otherwise modify the Services or perhaps any material contained upon our website or straight or indirectly disrupt associated with interfere (or attempt to disrupt or interfere) with our Providers or website;
(e) develop a database (electronic or otherwise) which includes material downloaded or otherwise extracted from our Services or web site;
(f) post, upload, e-mail or otherwise transmit any materials the publication, dissemination, use or possession of which intrudes the rights of any particular person of which is unlawful in almost any other respect;
(g) duplicate, email or upload any kind of content or otherwise transmit substance which is in any way abusive, misleading, deceptive, threatening, defamatory, indecent or obscene, that can harass, distress or inconvenience any person or which might limit or inhibit the use and also enjoyment of our Services or website by any person;
(h) post, upload, email or otherwise transmit any unsolicited or even unauthorised advertising, promotional materials, junk mail, spam, chain letters, chart schemes or any other form of solicitation or commercial exploitation;
(i) post, publish, email or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to disrupt, restrict, destroy, limit the functionality of or compromise the integrity of any software applications or hardware or telecoms system;
(j) remove the trademark or trade mark discover(s) from any copies of the material owned by us or our licensors;
(k) do so for almost any unlawful purpose or in any manner that will bring us in to disrepute;
(l) do so in breach of any terms and conditions or procedures of eBay or their business partners from time to time;
(m) do this in any way that causes, or may cause, damage to our Services or website or impairment with the availability or accessibility of our own Services or website;
(in) attempt to gain unauthorised usage of any restricted area of our own Services or website; or
(o) breach any of our own terms of business or conditions or policies.
We may consider such action as we deem appropriate to deal with the breach of any of the above terms, such as suspending or cancelling your account, limiting your access to our Services, or commencing legal proceedings in opposition to you.
Whist we all make every reasonable work to provide uninterrupted and protected access to our services and web site, your access may be restricted, suspended or terminated anytime and we will not be liable for any kind of loss, damages or costs incurred by you as a result of the lack of availability or accessibility of the services or website.
While we endeavour to ensure that the info forming any part of our solutions and on our website is actually correct, we do not warrant the completeness, accuracy nor fitness for purpose, nor do we agree to ensuring the material forming any area of our services or simply no our website is kept up-to-date.
We reserve the right to eliminate from your Website, online store or product listings (to the level that we are able to do so) any content that we reasonably feel fails to comply with these Relation to Business.
7. Our liability
OUR SERVICES AND OUR WEBSITE ARE PROVIDED ON AN 'AS IS' FOUNDATION. TO THE MAXIMUM EXTENT AUTHORIZED BY APPLICABLE LAW, WE ALL EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND SCENARIOS (INCLUDING THE CONDITIONS IMPLIED LEGALLY OF SATISFACTORY QUALITY, HEALTH AND FITNESS FOR PURPOSE, THE USE OF AFFORDABLE CARE AND SKILL, OUR SERVICES AND WEBSITE'S FREEDOM FROM VIRUSES OR OTHER CONTAMINATION, AVAILABILITY, FREEDOM FROM PROBLEMS, UNINTERRUPTED ACCESS, RESULTS OF LOOKUP OPTIMISATION PROJECTS, OR THAT OUR SERVICES OR WEBSITE WORKS WITH ANY COMPUTER SYSTEMS, SOFTWARE OR PERHAPS BROWSERS) IN RELATION TO OUR SERVICES OR OUR WEBSITE OR YOUR EBAY STORE. WE ALL SHALL NOT BE LIABLE FOR ANY WEBSITE, PRODUCTS, SERVICES OR DETAILS OF OTHER PARTIES LINKED TO THE SERVICES OR WEBSITE.
HELP SAVE AS OTHERWISE STATED, WE MAKE NO WARRANTY IN ANY WAY AS TO ANY GOODS OR SERVICES BOUGHT OR OBTAINED OR OFFERED TO YOU THROUGH THE USE OF OUR PROVIDERS OR WEBSITE, WHETHER USED DIRECTLY OR OTHERWISE. FURTHER, WE ALL SHALL NOT BE LIABLE FOR THE INFORMATION OF YOUR EBAY STORE/WEBSITE, ANY DEALINGS CONDUCTED THROUGH YOUR EBAY STORE/WEBSITE OR EVEN ANY EVENT BEYOND OUR REASONABLE CONTROL INCLUDED THE ACTS AND OMISSIONS OF YOU OR ANY THIRD PARTIES.
IN THE NOT LIKELY EVENT THAT WE ARE PRONE TO YOU, OUR LIABILITY WILL BE LIMITED TO THE FEE PAYABLE SIMPLY BY YOU TO US. WE (INCLUDING OUR DIRECTORS AND STAFF) WILL NOT BE LIABLE FOR ANY IMMEDIATE OR INDIRECT LOSS OR DAMAGE (INCLUDING LOSS OF REVENUE, CONTRACTS, BUSINESS, GOODWILL, DATA, INCOME, REVENUE OR ANTICIPATED SAVINGS) ARISING UNDER THESE KINDS OF TERMS OF BUSINESS OR IN EXPERIENCE OF OUR SERVICES OR WEBSITE, WHETHER ARISING IN TORT, AGREEMENT OR OTHERWISE.
NOTHING IN THESE REGARDS TO BUSINESS SHALL EXCLUDE OR LIMIT OUR LIABILITY WITH REGARD TO FRAUD, DEATH OR INJURIES CAUSED BY OUR NEGLIGENCE AND ANY OTHER LIABILITY WHICH CAN'T BE EXCLUDED OR LIMITED BELOW APPLICABLE LAW.
8. Your own liability
YOU AGREE TO COMPENSATE US IN FULL FOR ANY DEBTS, LEGAL FEES, DAMAGES, LOSSES AND OTHER EXPENSES RESULTING FROM ANY STATE MADE BY A THIRD PARTY ARISING FROM YOUR OWN BREACH OF THESE TERMS OF COMPANY, YOUR BREACH OF ANY REGULATION OR THE RIGHTS OF ANY THIRD PARTY OUT OF YOUR USE OF THE SERVICES OR EVEN WEBSITE, OR ANY DEFECTS IN GOODS OR SERVICES SOLD USING YOUR EBAY STORE/WEBSITE.
9. Restricted entry
Access to certain areas of the Services or website is bound. We reserve the right to reduce access to other Services or another areas of our website, or perhaps indeed our whole website, at our sole foresight.
If we provide you with a user Identification and/or password to enable you to access limited areas of our website or any other content or Services, you must ensure that such user Identity and/or password are kept secure and confidential. You are responsible for all activities that take place under your user ID and/or pass word.
We may disable your user ID and/or password at our own sole discretion for any reason anytime, including if you breach these Terms of Business or any other contractual duty you owe to us.
We may place limits on your use of our Services, including the maximum disk space that will be allotted to Your EBay Store/Website, the computers and the bandwidth and contention for that bandwidth allotted to Your internet site and associated traffic.
We shall be not obliged to provide any of the Services for you until we receive total payment of the quoted payment (or, with our agreement, total payment of a non-refundable deposit). Simply no refund will be made if we have commenced providing the Services. All other payments shall be produced in pounds sterling (unless otherwise decided by us) on or perhaps before the agreed due dates with regard to payment, and the Services will never be permitted to operate in a live environment until the balance of the cited fee and initial month-to-month subscription fee is received by us in full. Repayment remains due during any period of suspension or otherwise till such time as you cancel your subscription in accordance with section 12. Payments in respect associated with periods after termination or even cancellation of your subscription will not be refundable.
We use PayPal along with other such secure electronic way to manage credit/debit card payments. After subscription to our services from this method, you authorise us to adopt an immediate payment and duplicate payments in accordance with the arranged fees. Our fees are subject to change upon observed.
The fee does not cover improvements and upgrades, training, The particular EBay store and listing subscription fee covers the ceaseless dynamic delivery of your custom web design templates, including promotional as well as custom boxes, search features and flash elements. The fee does not cover updates and also upgrades, training, guaranteed reactions to queries, email and also telephone support, free amends and also repairs to Your Website or listing (all of which are subject to late charges).
11 Cancellation and Concessions
The maximum refund available, once you've been sent a brand survey (referred to as a jpeg) is up to 50% of the complete value of the invoice. Low payments of any amounts at any agreed dates to be able to us will mean that we possess the right to suspend any work or provision of service till resolved.
For all other refunds, cancellation must be notified in order to us within 7 days of the invoice date. Cancellations made beyond 7 days of the invoice date may incur a £100 administration which will be taken off from the refundable amount.
12. Supplies provided by you to us
And we don't claim ownership of any supplies provided by you to us. However, you grant to all of us a worldwide, irrevocable, non-exclusive, royalty-free licence to utilize, reproduce, adapt, publish, translate and distribute such materials in any media, together with the right to sub-licence such rights in respect of material provided by you to us all.
By providing materials to us all, you warrant to all of us that you are either the owner of these kinds of materials, or have the master's express permission to provide these kinds of materials to us.
WE CANNOT GUARANTEE SAFEKEEPING OR SAFE Storage space OF ANY IMAGE OR DATA THAT YOU UPLOAD WHEN USING Our own SERVICES OR OUR Internet site OR ANY OTHER MATERIALS PROVIDED BY You to definitely US, AND WE ACCEPT NO LIABILITY FOR LOSS OF ANY IMAGES, DATA OR Components. YOU ARE STRONGLY ADVICED TO KEEP COPIES OF ALL SUCH IMAGES, Information AND MATERIALS.
13. Cancelling AND/OR Suspension
We reserve the authority to terminate and/or suspend our Solutions and obligations to you immediately upon notice in the event that:
(a) we have not received instructions or otherwise not made contact with you simply by email for a period of 5 working days or more, provided that we have sent at least 5 email messages to your specified email address requesting a response;
(b) any amount due from you to us all remains unpaid 14 days following your agreed due date;
(c) Your own EBay Store/Website remains inactive (for example. has not commercially transacted) for a period of 180 days;
(d) you fail to provide us with true, accurate, current and complete information as reasonably required by us, and promptly notify us of the changes to that information;
(e) you create any website, blog or other publicly visible text message that criticises us or otherwise could reasonably be considered to decrease the value of our reputation, or which invites, incites, encourages or otherwise not provides a forum for organizations to criticise or otherwise devalue our reputation; or
(f) you fail to comply with these Relation to Business or we reasonably believe that you have acted inconsistently using the spirit of these Terms of Enterprise.
If we terminate your subscription, we reserve the right to delete Your EBay Store/Website and its contents immediately and without more notice. We shall not be liable to you for any loss arising as a result of any such end of contract or suspension.
You can terminate your subscription to our Services by giving us not less than 1 months notice in writing, upon expiry of which Your Website will probably be locked and become inaccessible.
These Terms & Conditions set out the complete agreement between us. Any kind of legal proceedings instituted against an individual by us shall be earned the courts of your country/state associated with domicile and any legal proceedings towards us by you shall be brought in the courts of England and Wales. For the reason for all such proceedings, the law governing this Agreement and such procedures shall be the laws of England and Wales. For the purpose of process brought against it by the other party, each celebration agrees to submit to the actual jurisdiction of the courts because set out above.
If any of these Terms of Business are regarded invalid, void or unenforceable, in which term shall be deleted from the Terms of Business and such removal shall not affect the validity or enforceability of the remaining provisions.
WE SHALL NOT BE Accountable for ANY FAILURE TO COMPLY WITH OUR OBLIGATIONS UNDER These kinds of TERMS OF BUSINESS OR OTHERWISE When SUCH FAILURE IS Due to AN EVENT OUTSIDE OF OUR Affordable CONTROL.
These Terms of Enterprise do not affect your legal rights under law. For more details of the rights as a consumer, make sure you contact your local Citizens Guidance Bureau or Trading Specifications. Some jurisdictions do not allow the actual exclusion or limitation of our liability when dealing with consumers, and for that reason some of the provisions in part 7 may not apply to you.