These terms and conditions constitute an agreement between Nordista Trading LLP and you as a subscriber to the addStore service.
By registering with addStore you as the subscriber expressly and irrevocably agree to follow and be bound with no exceptions and limitations by these terms and conditions of this agreement.
If you are entering into this agreement on behalf of an entity, you represent that you have the necessary authority to bind such entity to the terms and conditions of this agreement.
If you have no such authority, or if you do not agree to all terms and conditions in this agreement, do not register with addStore and you may not use addStore services under this agreement.
Service – means the right to use addStore's software through the SaaS model, hardware and consultancy services as more specifically described on www.addstore.com and in respective subscription (tariff) plans.
Subscriber – a user of the Service, which entered this Agreement, and respectively has the right to use or uses the Service to promote and distribute its products and services.
2.1. addStore hereby grants to the Subscriber the non-exclusive, non-transferable, worldwide, revocable right for the subscription (tariff) period and according to the subscription (tariff) plan to use the Service through the SaaS model, subject to the terms and conditions referred to in the Agreement.
2.2. addStore will provide software and hardware package (server software, user interface, program code and other necessary components), necessary for use of the Service, as well as data encryption, transmission, access and storage.
2.3. addStore will provide the Subscriber with software (API) to access the Service and instruction manuals free of charge. API, manuals and other Service components are provided digitally through the Service site or the Subscriber's Account after the registration with addStore is completed.
3.1. In order to access and use the Service, the Subscriber shall register (subscribe) and open the Account with addStore on www.addstore.com.
3.2. addStore reserves the right to refuse registration and opening the Account without providing reasons for.
3.3. Once all required information and documents (if necessary) have been submitted to the satisfaction of addStore, a unique Account will be opened and the Subscriber will be granted access to it.
3.4. The Subscriber is solely and fully responsible for confidential and secure access to and use of the Account and respectively Service.
3.5. addStore is not liable for any damages and losses which the Subscriber suffers or may suffer as a result of unauthorized (intentionally or accidentally) access to the Account and/or use of the Service.
4.1. addStore performs the Service according to different Service levels, each corresponds to a particular subscription (tariff) plan and period available as more described on www.addstore.com.
4.2. The Subscriber shall select a subscription (tariff) plan and period, and pay an applicable fee in due time. The Subscriber by notifying addStore in advance may change the subscription (tariff) plan and period as follows:
4.2.1. In case of changing the subscription (tariff) plan to the higher one, the new subscription (tariff) plan will take effect on the next day after a respective fee is paid. The set off between the previous fee (considering an unused period of a previous subscription plan) and the new fee shall be applied.
4.2.2. In case of changing the subscription (tariff) plan to the lower one, the new subscription (tariff) plan will take effect on the next day, following expiration of the previous subscription (tariff) plan. In such case, the set off between the subscription (tariff) plans is not applicable.
4.3. addStore may unilaterally change the subscription (tariff) plans, including increasing and decreasing fees, by notifying the Subscriber at least 1 (one) month in advance before the changes take effect.
4.4. All payment obligations of the Subscriber are non-cancelable and all amounts paid are nonrefundable even if the Subscriber changed the subscription (tariff) plan to the lower one or the Agreement was terminated for any cause and by any party before expiration of a period for which a respective fee was paid.
5.1. The Service is only accessible for a limited period equating to the respective Subscription (tariff) period reflecting the level of the Subscription (tariff) plan and respective fees. No Service is available on a perpetual subscription basis regardless of whether the Service is fee paying or free of charge.
5.2. The Subscriber may use the Service according to the respective Subscription (tariff) plan in respect of which it has paid fee (if applicable).
6.1. The Service is provided 24 hours 7 days a week, except for maintenance periods. addStore reacts to possible issues related to accessing the Service within 48 hours after receiving a notification from the Subscriber.
6.2. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. addStore is not responsible for any delays, delivery failures, or other damage resulting from such problems. However, addStore will endeavor to keep such delays to a minimum.
6.3. addStore does not guarantee network availability as network availability can involve numerous third parties and is beyond the control of addStore. addStore will not be liable for any downtime caused by its internet provider or for any downtime that the Subscriber experiences as a result of its own network connectivity issues.
6.4. Maintenance of addStore infrastructure, servers, software or other aspects of the Service may require interruption of the Service on scheduled and non routine (emergency) basis. Although addStore will use reasonable endeavors to undertake maintenance events outside normal business hours, addStore may undertake maintenance during business hours.
6.5. The Subscriber shall keep its website with the Service's software in good working condition and notify addStore of any event and changes that would result in downtime of the Service.
7.1. After registration with addStore, the Subscriber may access services that are controlled by third parties, which may include, amongst others, social network platforms and payment processing services.
7.2. In the course of performing the Service and with the aim to facilitate the Subscriber's e-commerce business, online payment solutions related to acceptance and receiving money by the Subscriber from the Subscriber's clients via the Subscriber's website are provided by third parties and not by addStore.
7.2.1. Such online payment solutions may be also provided by experts in online payments www.onlinepay.com, unless the Subscriber chooses other online payment service provider.
7.3. In the course of providing comprehensive Service, simultaneously with the registration with addStore and getting the Account, the Subscriber is automatically registered with www.onlinepay.com and gets the account (a personal cabinet) with www.onlinepay.com.
7.3.1. Simultaneously with the entering this Agreement with addStore, the Subscriber expressly and irrevocably agrees to follow and be bound with no exceptions and limitations by the terms and conditions of www.onlinepay.com available on www.onlinepay.com and applicable charges and fees, thus entering a separate payment service contract with an operator of www.onlinepay.com.
7.3.2. The Subscriber may not to use services of www.onlinepay.com, choosing other service provider, and is entitled to cancel its registration with www.onlinepay.com (closing a personal cabinet in www.onlinepay.com) and terminate the respective contract with the operator of that site.
7.4. Online payment solutions for the Subscriber's website and respective rights and obligations of the Subscriber are construed in accordance with and governed solely by terms and conditions of the respective payment service providers (www.onlinepay.com or any other online payment service provider chosen by the Subscriber), and not by the terms and conditions of this Agreement. The Subscriber shall enter into separate business relations with respective payment service providers.
7.5. addStore is excluded both from: (i) providing payment solutions to the Subscriber's website and (ii) the business relations between the Subscriber from the one side and www.onlinepay.com and/or another online payment service provider from other side. addStore takes no part in cash flow between the Subscriber's clients and the Subscriber.
7.6. The Subscriber is solely and fully responsible for reviewing and accepting applicable terms and conditions, fees and charges, policies, procedures and other applicable rules of third parties.
7.7. The Subscriber agrees that addStore and third parties may exchange and process information, which also may include the Subscriber's data, content uploaded to the Service, social network accounts and other sites.
8.1. The Subscriber is solely responsible for the quality and legality of its products and services distributed through the Service.
8.2. The Subscriber is prohibited to use the Service for any illegal activities, distribution of harmful virus software, accessing unauthorized data, misrepresentations, distribution of false information, harassment of any person, damage to any person or property, violation of privacy rights, infringement of proprietary rights, violation of laws and regulations governing activities of addStore, the Subscriber and its clients, etc.
9.1. addStore makes no warranty or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service or any its content. addStore does not warrant or represent that: (i) the use of the Service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (ii) the Service will meet the Subscriber's expectations or requirements; (iii) any stored data will be accurate or reliable; (iv) errors or defects will be corrected; (v) the Service is free of viruses or other harmful components.
9.2. The Service and content is provided strictly on an “as is” basis. The Subscriber uses the Service entirely at its own risk.
10.2. addStore reserves the right to provide the Service from any locations worldwide, as well as through use of subcontractors.
10.3. The Subscriber shall obtain any consent related to its use of the Service, including those related to the collection, use, processing, transfer and disclosure of any data and personal information.
11.1. While the Agreement is in force, addStore may collect and process, including back up, the Subscriber's and its clients’ data (together referred to as the Subscriber's data). addStore does not own the Subscriber's data, information or material that the Subscriber submits to the Service.
11.2. The Subscriber is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership of such data, as well as for the right to use all these data. addStore shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store and back up the Subscriber's data.
11.3. In case the Agreement is terminated or expired, addStore will make available to the Subscriber a file of the Subscriber's data within 30 (thirty) days of termination or expiration, if the Subscriber requests so at the time of termination or expiration.
11.4. If within 30 (thirty) days of termination or expiration of the Agreement, the Subscriber does not make a request for the return of the Subscriber's data, or does not make arrangements for the retrieval of such data, then addStore reserves the right to remove and/or discard the Subscriber's data without any notice to the Subscriber.
11.5. In the event of any breach of the Agreement by the Subscriber, including non-payment, then addStore reserves the right to withhold the Subscriber's data until the breach has been remedied.
12.1. In the course of performing the Service, addStore may use software and related technologies, methods, techniques, know-how, processes, instructions and the like that have been previously developed by addStore and that the same shall remain the sole and exclusive property of addStore.
12.2. addStore retains all ownership and intellectual property rights to anything developed and delivered under the Agreement.
12.3. Some third party technologies may be appropriate or necessary for use with the Service. The Subscriber's rights to use such third parties technologies and related obligations are governed by the terms and conditions of such third parties.
12.4. The Subscriber may not: (i) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service, or access or use the Service in order to build or support, and/or assist any third party in building or supporting, products or services competitive to addStore; (ii) no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means.
12.5. Neither in the Agreement shall be construed to grant to the Subscriber any ownership, including intellectual property rights, or other interest in the addStore's proprietary rights.
12.6. The provisions of this section shall survive the termination/expiration of the Agreement.
13.1. In no event addStore shall be liable for any indirect, incidental, special, punitive, or any type of damages, including loss of revenue, profits and data, arising out of or in connection with the Agreement.
13.2. addStore's maximum liability for any damages arising out of or related to the Agreement, whether in contract or tort, or otherwise, shall in no event exceed, in the aggregate, a sum equal to the fees received by addStore from the Subscriber in the 12 (twelve) month period immediately preceding the date of any claim by the Subscriber.
14.1. The Subscriber shall indemnify and hold addStore and its officers, directors and employees harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with the Subscriber's activities that are related to the Service.
15.1. addStore has provided various express assurances in the Agreement. Hence, to the maximum extent permitted by applicable laws, addStore excludes all and any other assurances (including without limitations, warranties and conditions) with respect to the Service, including any assurances relating to satisfactory quality or fitness for any particular purpose.
16.1. addStore shall not be liable for delays or any failure to provide the Service due to causes beyond its control. Such delays and failures include, but are not limited to, an act of war, hostility, sabotage, act of God, fire, explosion, and flood or other natural or industrial catastrophe, electrical, internet or telecommunication outage, governmental legislation, acts, orders, or regulation, strikes or labor difficulties.
16.2. However, addStore shall use its best efforts to minimize the delays or failures and take reasonable steps to resume provision of the Service. addStore, if possible, must notify the Subscriber upon the occurrence of any such event and inform of its plans to resume provision of the Service.
16.3. This section does not exclude the Subscriber's obligation to pay for the Service and not extent a Subscription (tariff) plan.
17.1. The Agreement constitutes the entire agreement (including the information which is incorporated into the Agreement by reference, including to information contained in URL or referenced document) and understanding between the parties with respect to the Service.
17.2. addStore may amend the Agreement from time to time at its sole discretion without providing notice to the Subscriber by posting the amended Agreement on addStore site at least 7 (seven) days prior to the new Agreement taking effect. The latest version of the Agreement replaces and supersedes all previous versions and can be reviewed on www.addstore.com.
18.1. The Agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus, and shall be subject to the exclusive jurisdiction of Cyprus courts.
18.2. If any provision in the Agreement is deemed to be, or becomes invalid, illegal, void or unenforceable under applicable laws, such provision will be deemed amended to conform to applicable laws so as to be valid and enforceable, or if it cannot be so amended without material altering the intention of the parties, it will be deleted, but the validity, legality and enforceability of the remaining provisions of the Agreement shall not be impaired or affected in any way.
19.1. The Agreement is legally binding and takes effect as of the Subscriber's registration with addStore is completed (the Account is opened) and shall continue until terminated or expired as provided for herein.
19.2. The right use the Service will be valid for the shorter of the following respective periods: (i) the expiration of the respective Subscription period (expiration of the Agreement); or (ii) the termination of the Agreement.
19.3. The Subscriber may terminate the Agreement with an immediate effect by notifying addStore.
19.4. addStore may terminate the Agreement with an immediate effect by notifying the Subscriber, if the Subscriber: (i) breaches any provision of the Agreement; or (ii) addStore is no longer able to make available the Service.
19.5. addStore may temporarily suspend the Service and/or making available any of materials for urgent operational reasons or because of emergency events, but where reasonably practicable, it will give the Subscriber advance warning of such suspension.
19.6. addStore may suspend the Agreement, access to the Account and right to use the Service without notifying the Subscriber, if any payment is not made by the respective due date by the Subscriber. Such suspension will not affect the Subscriber's obligation to pay the relevant charges for the suspended Service, nor will it extend the respective Subscription period; termination of the Agreement in such circumstances will also not entitle the Subscriber to any refund.
20.1. Any notice or other communication under the Agreement shall be given to either party via the Account or to the Subscriber by email to the Subscriber's email registered with addStore. Any such notice shall be deemed to have been delivered duly at the moment of its transmission.
20.2. As an essential part of addStore's services it is necessary for addStore to periodically email subscribers at the address provided at registration.
21.1. The Subscriber shall remove the Service software from its website once the Agreement is terminated/expired.
21.2. addStore may use the Subscriber's name, logo, trademark, images and products/services description for advertising and promotional purposes, in press releases and sales presentations.
Edition No 01 | Effective from 01.05.2014