1. Our services
eSeller Solutions Limited (a company registered in England under the number 7005174), whose registered office is at Suite 420, 41 Oxford Street, Leamington Spa, CV32 4RA, United Kingdom provides e-commerce web-stores, websites, eBay stores, eBay listing templates, eBay template themes, software platforms, website hosting and associated services (the “Services”).
Please read these Terms of Business carefully, as they govern your use of our Services. By using our Services, you accept these Terms of Business in full.
We may amend these Terms of Business from time to time. Please check this page regularly to ensure that you are familiar with the current version. Your continued use of our Services is deemed acceptance of the new Terms of Business. If you do not agree with the new Terms of Business then you should cease using our Services immediately.
2. Intellectual property rights
Unless otherwise stated, we (or our licensors) own all intellectual property rights in our Services and all material on our website. Use of this material is permitted only where expressly authorised by us and under no circumstances shall the use of our Services grant to you any interest in any copyrights, trademarks or other intellectual property rights belonging to us or any third party. For the avoidance of doubt, you are not permitted to download or use material on our website or arising from our Services other than as permitted by section
Your use of any software made available to you through our Services will be granted as a non-transferable licence to use the software for the purposes set out in and in accordance with these Terms of Business.
3. Use of our Services
The Services and material provided is for use only in relation to the enhancement of your online product listings. You may use the Services for this purpose only, subject to the prohibitions in section 5. Any other type of use requires our prior written agreement.
The Services provided are fully outlined in your quotation.
4. Our respective obligations
We will complete all bespoke work and install the Programs within the agreed timescale (subject to receiving all information requested). Once the final modifications are agreed and the software and programs are activated in a live environment you will have 10 (ten) working days within which to notify us of any errors. After this time you will be deemed to have accepted the final product.
Technical support will be offered in accordance with Schedule 3 of this agreement.
You shall permit us to place discreet “designed by eSeller Solutions” or similar branding (in a single image no bigger than 200×75 pixels, plus text) on any template, website or web-store created, designed or hosted using the Services. You must not remove, cover or otherwise interfere with this branding. You further agree that any designs created for you by “eSeller Solutions” shall be displayed in our website portfolio as an advertisement of work carried out. You shall have no claim over revenues derived by us from such branding and advertising.
You agree to provide us with true, accurate, current and complete information as reasonably required by us, and promptly notify us of any changes to that information.
When using our Services, you must not:
- transmit or circulate material contained on our website or our Services to a third party (including re-publication on another website) other than emailing extracts or the page link for personal, non-commercial review purposes or where we have specifically and expressly created such material to be made available for redistribution by you;
- sell, rent or otherwise sub-licence our Services or material on our website;
- reproduce, duplicate, copy or otherwise exploit material from our Services or from our website for a commercial purpose (other than in respect of enhancing your online product listings;
- edit or otherwise modify the Services or any material contained on our website or directly or indirectly disrupt of interfere (or attempt to disrupt or interfere) with our Services or website;
- create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from our Services or website;
- post, upload, email or otherwise transmit any material the publication, dissemination, use or possession of which infringes the rights of any person of which is unlawful in any other respect;
- copy, email or upload any content or otherwise transmit material which is in any way abusive, misleading, deceptive, threatening, defamatory, indecent or obscene, which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of our Services or website by any person;
- post, upload, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or commercial exploitation;
- post, upload, email or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications system;
- remove the copyright or trade mark notice(s) from any copies of any material owned by us or our licensors;
- do so for any unlawful purpose or in any way that will bring us into disrepute;
- do so in violation of any terms and conditions or policies of eBay or their business partners from time to time;
- do so in any way that causes, or may cause, damage to our Services or website or impairment of the availability or accessibility of our Services or website;
- attempt to gain unauthorised access to any restricted area of our Services or website; nor
- breach any of our terms of business or conditions or policies.
We may take such action as we deem appropriate to deal with the breach of any of the above terms, including suspending or cancelling your account, restricting your access to our Services, or commencing legal proceedings against you.
Whilst we make every reasonable effort to provide uninterrupted and secure access to our services and website, your access may be restricted, suspended or terminated at any time by factors beyond our control and we will not be liable for any loss damages or costs incurred as a result of the lack of availability or accessibility of our services or website.
Whilst we endeavor to ensure that the information forming any part of our services and on our website is correct, we do not warrant its completeness, accuracy nor fitness for purpose, nor do we commit to ensuring the material forming any part of our services or on our website is kept up-to-date.
We reserve the right to remove from Your Website, online store or product listings (to the extent that we are able to do so) any content that we reasonably believe fails to comply with these Terms of Business.
7. Our liability
Our services and our website are provided on an ‘as is’ basis. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions (including the conditions implied by law of satisfactory quality, fitness for purpose, the use of reasonable care and skill, our services and website’s freedom from viruses or other contamination, availability, freedom from errors, uninterrupted access, results of search optimisation projects, or that our services or website is compatible with any computer systems, software or browsers) in relation to our services or our website or your website. We shall not be liable for any website, products, services or information of other parties linked to our services or website.
Save as otherwise stated, we make no warranty whatsoever as to any goods or services purchased or obtained or offered to you through the use of our services or website, whether accessed directly or otherwise. Further, we shall not be liable for the content of your website, any transactions conducted through your website or any event beyond our reasonable control, including the acts and omissions of you and / or any third parties.
In the unlikely event that we are liable to you, our liability will be limited to the monthly fee payable by you to us at the date the liability arose. Where you are not paying any monthly fee, then your sole remedy shall be to cease using our services or website immediately. We (including our directors and employees) will not be liable for any direct or indirect loss or damage (including loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings) arising under these terms of business or in connection with our services or website, whether arising in tort, contract or otherwise.
Nothing in these terms of business shall exclude or limit our liability for fraud, death or injury caused by our negligence or for any other liability which cannot be excluded or limited under applicable law.
8. Your liability
You agree to compensate us in full for any liabilities, legal fees, damages, losses and other expenses resulting from any claim made by a third party arising from your breach of these terms of business, your breach of any law or the rights of any third party out of your use of the services or website, or any defects in goods or services sold though your website.
9. Restricted access
Access to certain areas of our Services or website is restricted. We reserve the right to restrict access to other Services or other areas of our website, or our whole website, at our sole discretion.
If we provide you with a user ID and/or password to enable you to access restricted areas of our website or other content or Services, you must ensure that such user ID and/or password are kept safe and confidential. You are responsible for all activities that occur under your user ID and/or password.
We may disable your user ID and/or password at our sole discretion for any reason at any time, including if you breach any of these Terms of Business or any other contractual obligation 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 Website, the servers and the bandwidth and contention for that bandwidth allotted to Your Website and associated traffic.
We shall be under no obligation to provide any of the Services to you until we receive full payment of the quoted fee (or, with our agreement, full payment of a non-refundable deposit). No refund will be made once we have commenced providing the Services. All other payments shall be made on or before the agreed due dates for payment. Where we are hosting the products, the Services will not be permitted to operate in a live environment until the initial monthly subscription fee is received by us in full. Payment remains due during any period of suspension or otherwise until such time as you cancel your subscription in accordance with section.
Payments in respect of periods after termination or cancellation of your subscription shall not be refundable.
We use SagePay and other such secure electronic means to manage credit/debit card payments. Upon subscription to our services by this method, you authorise us to take an immediate payment and repeat payments in accordance with the agreed fees. Monthly fees will be taken at the start of each month. Our fees are subject to change upon notice.
11. Cancellation and Refunds
Subscriptions are non refundable. Deposits paid on acceptance of the quote are not refundable. The maximum refund available if payment has been made in full will be based on the stage at which cancellation is notified and is subject to a maximum of 50% of the total contract value. Non payments of any amounts at any agreed dates to us will mean that we have the right to suspend any work or provision of service until resolved.
12. Materials provided by you to us
We do not claim ownership of any materials provided by you to us. By providing materials to us, you warrant to us that you are either the owner of such materials, or have the owner’s express permission to provide such materials to us.
We cannot guarantee safekeeping or safe storage of any image or data that you upload when using our services or our website or any other materials provided by you to us, and we accept no liability for loss of any images, data or materials. You are strongly advices to keep copies of all such images, data and materials.
13. TERMINATION AND/OR SUSPENSION
We reserve the right to terminate and/or suspend our Services and obligations to you immediately upon notice in the event that:
- we have not received instructions or otherwise made contact with you by email for a period of 5 working days or more, provided that we have sent at least 5 emails to your specified email address requesting a response;
- any sum due from you to us remains unpaid 14 days after the agreed due date;
- you fail to provide us with true, accurate, current and complete information as reasonably required by us, and promptly notify us of any changes to that information;
- you create any website, blog or other publicly visible text that criticises us or otherwise could reasonably be considered to devalue our reputation, or which invites, incites, encourages or otherwise provides a forum for third parties to criticise or otherwise devalue our reputation; or
- you fail to comply with these Terms of Business or we reasonably believe that you have acted inconsistently with the spirit of these Terms of Business.
If we terminate your subscription, we reserve the right to delete all products and contents hosted by us immediately and without further notice. We shall not be liable to you for any losses arising as a result of any such termination or suspension.
You can terminate your subscription to our Services by giving us not less than 3 months notice in writing, upon expiry of which Your Website and templates will be locked and become inaccessible if you have not made suitable arrangements to move to another provider. We will delete your Website and its contents 30 days thereafter.
These Terms of Business set out the entire agreement between us. Any legal proceedings instituted against you by us shall be brought in the courts of England and Wales and any legal proceedings against us by you shall be brought in the courts of England and Wales. For the purposes of all such proceedings, the law governing this Agreement and such proceedings shall be the laws of England and Wales. For the purpose of proceedings brought against it by the other party, each party agrees to submit to the jurisdiction of the courts as set out above.
If any of these Terms of Business are deemed invalid, void or unenforceable, that term shall be deleted from the Terms of Business and such deletion shall not affect the validity or enforceability of the remaining provisions.
We shall not be responsible for any failure to comply with our obligations under these terms of business or otherwise if such failure is caused by an event outside of our reasonable control, including but not limited to fires, strikes (of its own or other employees), insurrection or riots, embargoes, container shortages, wrecks or delays in transportation, inability to obtain supplies and raw materials, requirements or regulations of any civil or military authority, or in the case of the Company, lack of internet connectivity or termination of any agreement or arrangement with any auction website or other person..
These Terms of Business do not affect your rights under law. For more details of your rights as a consumer, please contact your local Citizens Advice Bureau or Trading Standards office .