Terms and Conditions
The terms and conditions below govern the relationship between NORTHWEB Ltd (herein also referred to as "The Company") and any registered member ("The Customer") of this website ("The Website") and the provided software to The Customer, the Website Design and Management Platform called eShopRobot ("The Platform"). By accessing and using any part of The Website or The Platform, The Customer agrees to be bound and abide by the terms and conditions in this section. In the event that The Customer does not agree to all or part of the terms and conditions described below, he/she shall not access or use The Website or The Platform in any way.
The Customer’s agreement to be bound by these terms is acknowledged by his/her use of The Website and The Platform which includes, but is not limited to visiting The Website or The Platform, using their internal and external links for search of information, ordering any of The Company services, contacting The Company representatives, Support Services and/or any software made available to The Customer by The Company.
The Company reserves the right to modify or revise the Terms of Use by updating this section. The Customer is solely responsible for staying up to date with these conditions by visiting the Terms of Use section of The Website regularly and checking for any updates.
Privacy Policy
The Company's Privacy Policy is incorporated herein by reference and governs all collection, storage and usage of personal data. By accepting the terms and conditions in this section, the Customer expressly consents to the use and disclosure of his/her personally identifiable and other information as described in the Privacy Policy.
The Company's Website Information Use
The Customer can use the information posted at The Company’s Website for informational purpose only. The information at The Website cannot be used in any other way without a prior written consent from The Company.
Third Parties Websites Use
The Company has no liability or responsibility for the accuracy or suitability of content on a third party website that can be reached by using The Company's Website. The Customer’s use of any content from a third party website, including but not limited to, information, downloadable files, etc. is at The Customer’s own risk.
Linked Websites
The Customer may find links to other websites on the Company’s Website. The published links are for informational purposes only. The Company does not control or endorse any information, products, or services offered at the linked websites. The Customer acknowledges that the access or use of any of the linked websites is at the Customer’s own risk and the Company shall not be liable for any loss or damage arising thereof.
Use of Website and Platform
On the Company's Website the visitor can create an account and, as a member and customer, purchase services for the creation of his own websites (hereinafter referred to as "Customer Websites") as well as additional services for them. Charges for services can be either one-time at the time of purchase, or periodic depending on the type of service. By purchasing services from the Company Website, the Customer gains access to the eShopRobot Website Design and Management Platform. The initial design of the Customer's Websites is the responsibility of the Company when this is included in the description of the service purchased by the Customer, while the Customer also has access to modify his Websites if he wishes.
The eShopRobot platform is a SaaS (Software as a Service) web application developed by NORTHWEB LTD. Its main function is the quick and easy design of e-commerce websites without any programming knowledge and without the use of code.
The goal of the Company is to provide quick and functional solutions to the online needs of small businesses. For this reason, the websites that are created are simple and easy to use, without complex and sophisticated graphics and themes.
There is a range of color themes that the Customer can choose. If simple graphic changes are requested by the Customer, beyond the available options, such as specific colors and fonts, they can be made with or without additional charge, depending on the complexity of the request.
The layout and functionality of the content are customizable to some extent, within the capabilities provided by the content editor. The Company will make an effort to satisfy the specialized requests of the Customer and to regularly upgrade the platform with new features, but it is not obliged to configure the sites with requests that the Platform cannot support at the current time. If the Company deems that a request would be useful for many of its customers, then its implementation can be scheduled and be available to all registered members. In this case, the Customer is not charged for the implementation of the request, as long as it is done in the priority set by the Company.
Transfer Client Website to another server
The Client Websites are stored on the Platform as a form of database information and there are no separate files for each of them. This makes it technically impossible to export a website from the platform in order to transfer it to another server of the Customer's choice. Also, it is not allowed to set up a copy of the Platform on a server that does not belong to NORTHWEB LTD. The eShopRobot Platform is a closed source software, copyright of NORTHWEB LTD, and is not distributed in any way or in any form, neither in the form of code, nor in the form of executable files. The above makes all the Customer's Websites rented by the Customer and not his property, in terms of their physical existence.
Payment methods
Payment for the services can be made either by electronic methods, such as charging credit and debit cards, from the cooperating electronic payment providers, or by deposit in a bank account of NORTHWEB LTD in Bulgaria, which is mentioned during the order completion process on the Company's Website.
Periodic charges can also be made automatically at the agreed intervals by the available electronic payment providers on the Company's Website, until we receive a written request for termination by email from the Customer. Upon receipt of the request for termination, the relevant services will stop at the end date of the last paid period.
Refunds
The Customer is entitled to a full refund within 14 days from the date of payment for any reason and without justification. Upon return of the money, all relevant services purchased with this money will be immediately canceled and the relevant data and the Customer's websites will be deleted, without the possibility of their recovery in the future.
The Company also has the right to make a full refund to the Customer, after contacting him, if it appears within 14 days from the date of payment that it cannot serve the customer to his requirements, due to technical limitations, such as too high traffic or too large volume of information that the server cannot handle.
Unlimited definition
The Company provides multiple resources without a defined limit or with unlimited resources. Unlimited means there are no hard limits specified in the customer account for the mentioned resources. The Company provides those unlimited resources under fair usage. Fair usage means that The Customer can use as much of the unlimited resources he needs until the Company's costs for the maintenance of those resources don't exceed the price of the subscription plan of The Customer. In case of unfair usage of the unlimited resources, The Customer will get contacted by the Company's staff to discuss the setting of hard limits to The Customer's account or upgrade The Customer's subscription plan.
Intellectual Property and Customer Content
The Customer is responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with the Customer's Platform account (“Materials”).
The Company does not claim any intellectual property rights over the Materials that the Customer provides to the Platform. All Materials that the Customer uploads to the Platform remain his.
The Customer can delete his Websites at any time from within the Platform's Administrator Console.
By uploading Materials to the Platform, the Customer agrees:
- to allow other internet users to view the Materials that are posted publicly to the Customer's Websites
- to allow the Company to store, and in the case of Materials that are posted publicly, display and use the Customer's Materials
- that the Company can, at any time, review and delete all the Materials submitted to the Platform
The Customer retains ownership over all Materials that he uploads to the Platform; however, by making the Websites public, the Customer agrees to allow others to view Materials that are posted publicly to the Customer's Websites. The Customer is responsible for compliance of the Materials with any applicable laws or regulations.
Public relations
By using NORTHWEB LTD services, The Customer agrees his business name and/or business logo to be shared on The Website and related marketing materials. The Customer can withdraw this approval anytime by contacting NORTHWEB LTD.
Abuse of services
The Customer is responsible for the Materials of his Websites, which must not violate these terms and conditions. The Customer's Websites must not contain any Material that is listed in the following list and is considered prohibited:
- Material that offends the personality or beliefs of any person
- Material that is or has reasonably been interpreted as illegal, defamatory, confidential, or that is racist, racial, gender or discriminatory, or that requires them to commit a criminal or political offense, to promote violence or to incite hatred
- Material that promotes addictive or illegal substances
- Adult Material, such as pornographic material
- Material that violates the intellectual property of others
- Material that discloses personal data of any individual or legal entity without their consent
- Material that causes problems in the smooth operation of the Platform or the server
In the event that any prohibited Material is detected, the Company has the right to withdraw it immediately or to deactivate the Customer's account and Website, even without notice and without refund. The Company has the right to decide which of the above actions will take depending on its judgment on the severity of the event.
The Company also has the right to temporarily disable the Customer's Website if it creates a large workload that the server can not handle due to very high traffic or a very large amount of information that may have accumulated in any way. In this case the Company will look for the cause of the burden and will contact the Customer to agree on a settlement.
Termination of services
The Company may terminate the services to the Customer, without necessary justification, with a written notice sent to the Customer's Email which is registered in the platform, at least 3 months before the final termination and with regular reminders, at least once a month. The Customer during this period will have to look for an alternative provider for his services and will have no further claims from NORTHWEB LTD after their termination, apart from the deletion of his personal and non-personal data.
Disclaimer
You expressly understand and agree that, to the extent permitted by applicable laws, The Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
To the extent permitted by applicable laws, in no event shall The Company be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Company's Website, the Platform or these Terms of Use (however arising including negligence).
Your use of the Company’s services is at your sole risk. The Company’s services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
The Company does not warrant that the provided services will be complete, accurate, uninterrupted, secure, or error-free.
The Company does not warrant that the results that may be obtained from the use of the provided services will be accurate or reliable.
The Company is not responsible for any of your tax obligations or liabilities related to the use of the Platform.
The Company does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Company's Website will meet your expectations, or that any errors in the Company's Website or the Platform will be corrected.
All information and functionality on The Website and the Platform is subject to change without notice.
Indemnification
The Customer agrees to indemnify and hold the Company harmless from and against any claims, losses, damages, liabilities, costs or expenses, attorneys’ and courts’ fees included, arising or related to the use of The Website or any violation of the terms and conditions, described herein.
Governing Law
The Customer agrees that this Agreement shall be governed in all respects by the laws and courts of the Republic of Bulgaria. The Customer agrees that any claim or dispute The Customer may have against NORTHWEB LTD must be resolved by a court located in the Republic of Bulgaria without reference to any governing law rules that would result in the application of the substantive law of any other jurisdiction. The Customer hereby waives all rights to any kind of legal actions in any other court and/or under any other law except those of the Republic of Bulgaria. The Customer agrees to submit to the personal jurisdiction of the courts located within the Republic of Bulgaria for the purpose of litigating all such claims or disputes. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. These Terms are effective unless and until terminated by the Company.