SERVICES AND SUBSCRIPTION PLANS
- 1. Services provided by the Provider are:
- - the right to use the Provider’s platform for creating an Online Store and
- - Shared 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.
- 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.
- 3.4.3. 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:
- 1) A domain name;
- 2) A subdomain;
- 3) An account;
- 4) A password;
- 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.
- 3.11.4. 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.
CONTENT AND USE OF THE SERVICES
- 4. The Services provided by the Provider to the User include the following:
- 4.1. Providing different opportunities for publication and management of publications, including through the creation and maintenance of an Online store, granting free space on the Provider‘s Server, in which the User has the right to publish and share information with others on the Internet and store it in the abovementioned Online Stores created by the User;
- 4.2. Providing access to the administrative panel for publication, processing and management of information in the Online stores created by the User and shared on the provided space;
- 4.3. Providing shared hosting.
- 4.4. Providing technical support for the Services. This service is only available for Users with a paid subscription plan and is provided by e-mail.
- 4.6. The Provider provides to the User access to the administrative panel for remote use of the Online Store Services.
- 4.7. The User has the right to manage the Services only through the administrative panel provided by the Provider and by verifying their identity using the provided user name and password.
- 4.8. The user has the right to share information by recording it on the space provided by the Provider on a server connected to the Internet.
- 4.9. The Provider ensures the connection of the server to the Internet and the technical condition of their equipment within the selected subscription plan.
- 4.10. The User has the right to use the Services - Online Store and Shared hosting - in good faith and for a purpose.
- 4.11. When using the Service, the User must not use software, scripts, programming languages and other technologies that might disrupt the integrity or proper functioning of the system or create difficulties in its use by other users.
- 4.12. The Online Stores created by the User through the Services should not create server load, which exceeds the normal practice for consumption of "Shared Hosting" Services.
- 4.13. The User does not have the right to use the Services to create a "proxy" and launch resident programs.
- 4.14. The User undertakes not to use the Services for the following:
- • infringement of copyright or related rights, trademarks, patents or other intellectual property rights, ownership and any other material or moral rights or legitimate interests of third parties;
- • representing commercial, personal or professional secrets or other confidential information;
- • publication, distribution or provision of software or other computer files that contain viruses or other risk programs or their components; publication or transfer of illegal and pornographic materials; publication of data, messages, text, computer files and other materials containing a threat to the life and physical integrity of a human being, promoting discrimination, preaching fascist, racist or other undemocratic ideology with a content which violates the rights or freedoms under the Constitution and laws of the Republic of Bulgaria or international regulations calling for violent change of the constitutional order, for committing offense, etc.
- 4.15. The User agrees not to use the Services to send junk mail - "spam". Violation of this requirement is grounds for suspension of the Services for which the Provider notifies the User. In case of a repeated action the Provider has the right to unilaterally terminate the provision of the Services without notice.
- 4.16. The User provides their own equipment to be able to access and manage the Services.
- 4.17. Provision of the Services includes the provision of a domain name.
- 184.108.40.206. The User can create a design ("Theme") for their Online Store or choose to use any of the generic designs available in the CloudCart Theme Store and pay the price (for the assignment of the right to use it), which is listed at: https://cloudcart.com/en/pricing. If the User chooses to use a generic design ("Theme"), they can use it for only one of their Online Stores. If the User cancels one of their Online Stores, they can use the design for another Online Store. The User who is using a generic design ("Theme") by the CloudCart Theme Store may not sell, or provide or assign the rights to use the design to third parties. The Provider does not guarantee that the generic designs ("Theme") will be maintained, and available for the duration of the subscription plan paid by the User and the latter expressly agrees that the Provider has the right to remove, modify or suspend the support in their discretion which automatically terminates the right of the User to use the design.
- 220.127.116.11. The User can modify the purchased design ("Theme"). The Provider reserves the right, and the User expressly agrees that the Provider at their discretion is entitled to change, amend or otherwise modify the design ("Theme") of the Online Store if the Provider considers that it violates an applicable law or rights of third parties. The Provider may change the design ("Theme") of an Online Store in case of technical modifications or updates of the design ("Theme"), if necessary.
- 18.104.22.168. Intellectual property rights on design ("Theme") are owned by the designer of the Theme. In the event that during the use of a design ("Theme") the User exceeds the granted rights to use the selected design ("Theme"), the designer can initiate legal proceedings against the User. In this case, the Provider is entitled to change the controversial design ("Theme") or close the Online Store.
- 22.214.171.124. The User expressly agrees that the maintenance of the design ("Theme") is the responsibility of the holder of rights (the designer) of the Theme and the Provider has no obligations in this regard.
- 126.96.36.199. The user expressly agrees that the Provider is not responsible for the installation of the initial design ("Theme") or the installation of a new one, and the problems that may arise in this connection.
- 5. The user expressly agrees that in order to improve the quality of the Services, perform maintenance, troubleshooting and other related activities, the Provider may temporarily restrict or suspend the provision of the Services.
PAYMENT METHODS AND SHIPPING
- 6.1. CloudCart enables the User to choose the ways in which end-users will pay for the purchased products. The User selects from the payment methods integrated in the CloudCart technology platform. The User may also select payment methods different from the ones integrated with the CloudCart platform if this is technically possible and the parties reach a mutually acceptable agreement.
- 6.3. The User agrees that the Provider will not be liable to the User in connection with receiving from the end customers the purchase price of the products offered.
- 7.1. CloudCart enables the user to choose the means by which end users will receive the purchased products. The Provider offers a mechanism for calculating the cost of transport, but does not provide the transport itself. The User is responsible for signing a contract with a courier or providing other means for the delivery of products to the end users. The Provider will not be liable to the User and end-users for the delivery of the products purchased through the Online Store.
- 7.2. If a problem with the access and use of the Online Store occurs, the User will notify the Contractor of the following telephone numbers or e-mail address: [email protected] .
- 9. The Provider is a data controller registered under the Law for protection of personal data.
- 9.1. By entering personal data the User confirms that they have provided the personal data voluntarily and give their express permission and consent for the collection, processing, storage and distribution of the data in accordance with Bulgarian legislation.
- 9.2. When entering the data the User is required to provide complete and accurate information concerning their identity and other required data. If the User has provided incorrect or incomplete information, the Provider is not liable for breach of commitments.
- 9.3. The User is responsible for entering someone else’s personal data.
- 9.4. The User expressly agrees that the Provider has the right to send unsolicited commercial communications in accordance with the Bulgarian Law on E-Commerce in order to make inquiries, conduct surveys or offer advertising and information of their own or of other vendors’ goods or services. Data may be used to send unsolicited commercial communications. By entering their data the User agrees for the Provider to collect other data about the User and end-users, such as IP address, time of visit, the point of access of the websites, name and version of the web browser, operating system and other parameters provided by the web browser through which the Internet and the website have been accessed and any other information. The data collected may be used by the Provider for statistical and market research, and to improve the services provided.
- 9.6. In case that for any reason the User has forgotten or lost his name and password, the Provider has the right to apply the announced "Procedure for lost or forgotten names and passwords", available at cloudcart.com.
- 9.7. The User expressly confirms that they agree for the content / data available or related to the Online Store (excluding data on credit / debit cards):
- 1) to be transferred and processed unencrypted,
- 2) the transfer of such data to be carried out through various networks, and
- 3) the content / data available or related to the Online Store to be reprocessed / processed for the purposes of their adaptation to technical requirements of various networks or devices through which information is being transferred.
- 9.8. Information on credit / debit cards is processed and transferred only in an encrypted form.
- (2.) conducting market research or reporting the degree of customer satisfaction with the quality of services and activities implemented by the Provider;
- (3.) performing various calculations for statistical purposes.
The foregoing consent to the processing of personal data also applies if the User does not enter into a contractual relationship with the Provider for any other reason.
- 9.11. The User has the right to access their personal data stored by the Provider as well as the right to request modification, updating, deletion, correction or blocking if the processing does not meet the requirements of current legislation. The User has the right to ask the Provider to inform the third parties to whom their personal data had been disclosed about any deletion, rectification or blocking, carried out in accordance with the preceding sentence, with the exception of cases where this is impossible or involves a disproportionate efforts. The User has the right to object to the Provider to the processing of their personal data if there is legal basis for this. When the objection is justified, the User’s personal data will no longer be processed. The User has the right to object to the processing of their personal data for direct marketing purposes, and to be informed before their personal data are disclosed for the first time to third parties or used on their behalf for the purposes of direct marketing, as well as they may object to such disclosure or use. The rights under this provision shall be exercised at cloudcart.com.
RIGHTS, DUTIES AND RESPONSIBILITIES OF THE PARTIES
- 10.1. The User does not have the right to add / configure in the control panel any domain or subdomains, that they do not have the right to use, control and manage.
- 10.2. The User undertakes not to publish materials containing viruses or other programs intended to destroy or harm the platform or another system. The Provider reserves the right to remove and / or edit such materials.
- 10.3. The Provider reserves the right to terminate the provision of the Services to Users whose online stores cause loads, or other events that disrupt the normal operation of the Online Store including if the User has exceeded the limits established by the Provider.
- 10.4. When the User grants access to third parties to use and manage their online store, the User is responsible for the actions of such persons as their own.
- 10.5. The User is responsible for the confidentiality of their data for accessing the Online Store (username and password) and assumes full responsibility for the activities / actions performed in their Personal Account and Online Store.
- 10.7. The user undertakes not copy, modify, configure, sell or resell the Services in whole or in part, without the express written consent of the Provider.
- 11.2. Under the foregoing conditions the Provider may, at their sole discretion, remove individual items from the User’s online store rather than discontinue its use entirely by the User.
- 11.3. The Provider may, at their own discretion and instead of terminating the Services, require from the User to remedy the breach and the User is obliged to take action to remedy the breach within 24 hours after receiving the notification if the Provider has not specified another period.
- 11.4. In all cases the User owes to the Provider a compensation for any damages or losses caused as a result of the breach.
SIGNALS AND COMPLAINTS
- 12.2. The address for filing the complaint in written is: Sofia "Manastirski livadi" residential area, 55A Todor Kableshkov Blvd
- 12.3. The address for filing a complaint in electronically is [email protected].
- 12.4. The deadline for filing a complaint is 3 days after the event.
- 12.5. The team of the Provider will consider properly filed complaints within 14 days from receiving them and will respond to the e-mail address specified by the User.
- 13.1. All content on the CloudCart platform including all published texts, images, photos, videos, articles, source code (except those that have been entered and implemented by the User in relation to the products offered), is copyrighted. It belongs to the Provider or the Provider has the rights to use it and it is protected under the Copyright Law and related rights. Copying and using it without obtaining the necessary rights violates the rights of the author and the mandatory provisions of Bulgarian legislation.
- 13.2. In case of default, the Provider has the right to immediately terminate the use of the online store from the customer without notification or notice, and to claim compensation for all damages and lost profits from the actions of the User.
- 13.3. The User is obliged to ensure the consent of the end users for respecting the copyright and other intellectual property rights of the Provider.
- 14.1. The Provider has the right at any time to make changes and improvements to the platform, as well as the form and content of the services provided, as long as they do not violate the basic functions of the online store.
- 14.2. The Provider is entitled to suspend services if necessary for their updating.
- 14.3. In these cases, the Provider is not liable for damages or lost profits of the Users.
- 15. By entering the contact data and coordinates, the User gives their express consent to the Provider to use all means of communication with the client, for which the User has specified contact information, and that the User has the consent of the client to provide their data and contact details to the Provider.
- 16. Providing data and contact information by the client does not mean that the Provider is obliged to make contact with the User.
- 17.2. The User agrees to the distance contract conclusion, as well as advances and prepayments for product delivery.
- 18. Unless expressly stated otherwise, all notifications shall be made through the contact addresses announced prominently on the website of the Provider and respectively to the e-mail and contact address of the User.
TERMINATION OF CONTRACT AND PENALTIES
- -with the expiry of the contract, according to the subscription period selected by the User;
- -in case of termination or declaration of liquidation or bankruptcy of one of the parties;
- -by mutual agreement of the parties in writing;
- -with the expiration of the thirty day test period and failure to pay the price, according to the chosen subscription plan;
- -objective inability of any of the parties to perform their obligations;
- -in case of expropriation or sealing of the equipment by the government authorities;
- 21.2. If the Provider has received the full amount for the contract period, the price paid by the User will be taken to compensate the Provider for the early termination of the contract.
- 21.4. In case of failure to fulfill the obligations of the User for the provision of the Service, the Provider is entitled to claim a penalty in the amount of the price due for the remaining period of the contract.
- 21.6. The User shall indemnify and discharge the Provider in lawsuits and other claims from third parties (whether justified or not) for all damages and expenses (including attorneys' fees and costs) arising from or in connection with (1) failure to do any of their obligations under this contract, (2) breach of copyright, producing, broadcasting rights or other intellectual or industrial property rights, and (3) the unlawful transfer to third parties of the rights granted to the User, during the period and under the terms of the contract.
- 21.7. The Provider is not liable in the event of failure to provide connectivity or operation of the equipment over a period of time due to force majeure, fortuitous events, problems in the Internet, technical or other objective reasons, including orders of the competent state authorities.
- 21.8. The Provider is not liable for any damages caused by the User to third parties.
- 21.9. The Provider is not liable for any material or immaterial damages, resulting in lost profits or damages caused to the User in the process of using or not using the Services.
- 21.10. The Provider is not liable in cases of overcoming security measures of the technical equipment through by which the Services are provided and this results in loss of information, dissemination of information, access to information, restricting access to information, changes to the information published in the User’s sites and other similar effects.
- 21.11. The Provider is not liable in case of provision of access to information, loss or alteration of data or parameters of the Services as a consequence of false identification of a third person pretending to be the User, if the circumstances show that this person is the User.
- 21.12. The Provider is not liable for failure to partially or fully accomplish obligations and commitments as a result of force majeure. In case of force majeure the Provider must inform the User as required by Bulgarian law.
- 21.14. The User agrees that in any event the responsibility of the Provider cannot exceed the amount of a three-month subscription according to the subscription plan selected by the User.
- 23.2. The User and the Provider shall, during and after the period of the contract not make any written or verbal correspondence held between them public. The publication of correspondence in the print and electronic media, internet forums, personal or public websites and others can be considered public.
An investor in CloudCart AD. is New Vision 3 Fund, which is co-financed by the European Structural and Investment Funds under the Operational Programme for Innovation and Competitiveness 2014-2020 managed by the Fund of Funds in Bulgaria