Last Revised: 16-07-2020
This ("Agreement") is by and between Big Assert Pvt Ltd, a private limited company ("Big Assert" and you, your heirs, assigns, agents and contractors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of our cart brick service, which is a dedicated platform for hosting woo commerce stores (the "Service") and represents the entire Agreement between You and Big Assert. By using the Service, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and the Universal Terms of Service, along with any new, different or additional terms, conditions or policies which Big Assert may establish from time to time.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Big Assert, whether or not the transactions were in Your behalf.
As consideration for the Service purchased by You and provided to You by Big Assert, You agree to pay Big Assert a sale share, one time, monthly or annual fee, depending on which payment plan You signed up for when You purchased the Service. If You signed up for a monthly payment plan, Your monthly billing date will be the 1st of each month. If You signed up for an annual payment plan, Your annual billing date will be the 1st of January. If you fail to pay within 7 days of invoice being mailed to your authorized email id as per our records, You agree that Big Assert may pursue all available remedies in order to obtain payment. In the event that You exceed the scope of the Service as set forth in Your Agreement, You shall pay Big Assert for such additional service not within the scope of Your Agreement as specified. Big Assert reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to you outright
Term The term of this Agreement shall commence on the date You purchase the Service, and will continue in full force and effect as long as Big Assert is providing the Service to You.
Termination You agree that You will be responsible for notifying Big Assert should You desire to terminate Your use of the Service. Notification of Your intent to terminate must be provided to Big Assert no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date. In the absence of notification from You, Big Assert will automatically continue providing access to the Service indefinitely and will charge accordingly. It is Your responsibility to keep Your personal information current, at all times by notifying any changes to your account manager or support team numbers without default. Big Assert reserves the right, in its sole discretion and without notice, at any time and for any reason, to suspend Your access to or use of the Service.
Modifications You agree that Big Assert may modify this Agreement from time to time. Big Assert may also discontinue the Service. You agree to be bound by any changes Big Assert may reasonably make to this Agreement when such changes become effective.
With cart brick woo commerce online store solution, Big Assert will provide You with the ability to create, manage and maintain an online storefront provided, however, that You abide by the terms and conditions set forth herein and in each of Big Assert's policies and procedures.
This service allows You to:
Storefront Content You shall be solely responsible for providing, updating, uploading and maintaining Your storefront and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your storefront, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Service.
SSL Certificates Any SSL certificate deployed for the storefront will not be exported from the hosting server to be used with any other web hosting service.Big Assert will generate and securely store a corresponding private key. For security reasons, at no time will Big Assert release Your private key, even if You request it.
Availability of Services Subject to the terms and conditions of this Agreement, Big Assert shall attempt to provide the Service for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time, the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Big Assert may undertake from time to time; or (iii) causes beyond the control of Big Assert or which are not reasonably foreseeable by Big Assert, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Big Assert has no control over the availability of the Service on a continuous or uninterrupted basis.
Unlimited Product Catalog You agree the performance of Your storefront may begin to slow at varying number of products depending on potential physical and practical constraints, including (but not limited to): system architecture, system capacity, system load, end-user internet connectivity and end-user computer configurations. You agree Big Assert has no control over potential physical and practical constraints You may experience at an uncertain number of products in a category.
By using the Service, You agree You are age 18 or over. The Service is available only to persons who can make legally binding contracts under applicable law.
You agree You have provided accurate, current and complete information in the application process and that You will notify Big Assert within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Big Assert to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Big Assert has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Big Assert has the absolute right, in its sole discretion, to terminate the Service and close Your account.
Intellectual Property Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in the Service and all rights are reserved by Big Assert or its licensor. You agree that cart brick, the names and logos of Big Assert and all related product and service names, design marks and slogans, are the property of Big Assert and its affiliates, and that You are not authorized to use any of them in any advertising, publicity, or other commercial venture without the prior written consent of Big Assert. You are responsible for ensuring Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by Big Assert. You affirmatively acknowledge Big Assert is relying on Your representation concerning Your proper use of all content on any web site You create or control. Moving Your web site from one hosting server or provider to another is Your responsibility. Big Assert will not transfer or FTP Your Web site to another hosting provider.
Product and Service Agreements You agree to enter into any Third Party User Agreements necessary before You may use any of the Payment, Shipping, Tax Calculations or other options associated with the Service. You further agree to enter into any Big Assert and affiliate User Agreements required for the customization and operation of the Service, including, but not limited to, agreements for domain registration, hosting, and products.
End Customer Payment and Taxes You understand You are responsible for collecting, and managing all end customer payments. Similarly, You are responsible for the payment of all applicable state, federal or international taxes on products You sell using the Service. It is Your responsibility to read and agree to all End User License Agreements required for use of Your selected Payment Methods and Tax options. Big Assert is not responsible for the accuracy of information obtained through the Payment Method and Tax options. You are responsible for any additional taxes and duties imposed on the transaction. You may be subject to foreign tax obligations by selling to buyers. You are solely responsible for complying with all domestic and foreign tax, shipping, and export laws with respect to the sale of Your items to purchasers internationally.
Storage and Security At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on Big Assert's servers; and (iv) ensure the confidentiality of Your password. Big Assert's servers and hosting services are not an archive and Big Assert shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify Big Assert, whereupon Big Assert shall suspend access to Your web site by use of such password and issue a replacement password to You or Your authorized representative. Big Assert will not be liable for any loss You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Big Assert or another party due to someone else using Your account or password. If Big Assert terminates Your Service, it may, at its own option, remove and destroy data and files stored by You on its servers. Big Assert has no obligation to monitor Your use of the Service, but reserves the right in its sole discretion to do so.
Server Resources If You are hosting Your web site on Big Assert's servers, You are responsible for ensuring there is no excessive overloading on Big Assert's DNS or servers. You may not use Big Assert's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Big Assert reserves the right to remove sites that contain information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. Big Assert prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Big Assert. You agree Big Assert reserves the right to remove Your web site temporarily or permanently from its hosting servers if Big Assert is the recipient of activities that threaten the stability of its network.
General Rules of Conduct; Facebook Restrictions In addition to General Rules of Conduct contained in the Universal Terms of Service Agreement, You specifically acknowledge and agree that: