Create your own ecommerce website and start selling successfully with ShopWired today
B. General conditions
- The Company reserves the right to refuse the Service to anyone for any reason at any time.
- The Company provides no warranty or guarantee that the Service will be uninterrupted, timely, secure or error-free at any time.
- The Customer uses the Service at their own risk. The Service is provided on an "as-is" basis. This means that it is provided without any warranty or condition whether written, oral, implied or statutory.
- The Company shall not be liable to the Customer for any loss incurred by the Customer as a result of the Customer's use of the Service. Whether the loss be direct, indirect, consequential or any other type of loss, the Company shall not be held liable by the Customer for such loss in any way whatsoever.
- Should the Service become unavailable (in any way whatsoever) for any point of time, the Company shall not be liable to the Customer for any loss incurred by the Customer as a result of the Service becoming unavailable. Whether the loss incurred by the Customer as a result of the Service being unavailable be direct, indirect, consequential or any other type of loss, the Company shall not be held liable by the Customer for such loss in any way whatsoever.
- Such losses referred to in terms B(4) and B(5) above include, but are not limited to, loss of sales, loss of profits, loss of customer goodwill, loss of search engine rankings, loss of advertising costs, loss of use, loss of data, or any other intangible losses whether or not explicitly referred to in this agreement.
- The failure of the Company to exercise or enforce any of the terms and conditions of this Agreement shall not constitute any type of waiver of such right or provision.
ShopWired is not obligated to provide you with service, if we don't want you to use ShopWired then we can deny access to it to you.
We can't guarantee that ShopWired will be error free, will always be available, or that you won't experience bugs or problems when using our service.
If you do experience a bug using ShopWired or the service or your website becomes unavailable for any period of time, and you lose money as a result, you cannot get compensation from ShopWired. You use ShopWired at your own risk.
These terms and conditions give us general rights (as well as obligations). If we don't exercise those rights at a particular time, it doesn't mean we can't exercise them in the future.
C. Payment for the service
- The Customer is obliged to pay for the Service on the payment date, according to the payment period selected by the Customer when placing their order. From time-to-time the Company may make available the ability to pay for either one or two years service upfront in order to obtain a discount on the usual monthly fee. Whether such a discount is available is at the entire discretion of the company and can be withdrawn at any time.
- The Customer must make the payment for the service on the Payment Date. Where the Customer pays for the service monthly, the Payment Date is defined as the day of the month that the Customer ordered the Service. Where the Customer pays for the service each year, the Payment Date is defined as the day of the year that the Customer ordered the Service. Where the Customer pays for the service every two years, the Payment Date is defined as the day of the year that the Customer ordered the Service plus one year.
- By ordering the Service, the Customer grants the Company the right to automatically charge the Customer's registered Credit or Debit card on the Payment Date, without prior notice to the Customer. Should the Customer not wish to be charged for the Service on the Payment Date they should notify the Company in writing in accordance with term D(1) of this Agreement.
- Where the Customer contacts their card issuing bank and initiates a chargeback on any payment made to the Company, the Customer will be liable to pay the Company a payment of £40 + VAT for each instance of a chargeback payment to cover the Company's administration costs in dealing with the chargeback.
- The Company only accepts payment for the Service by Credit or Debit card made through the ShopWired account. Exceptionally, and at the sole discretion of the Company, payment for the Service may be made by the Customer via Bank Transfer or Direct Debit (through our third party provider GoCardless). Where the Customer does not pay for the Serivce via a Credit or Debit card, through the ShopWired account, the Company will be entitled to charge a 10% fee to cover the additional costs of payment administration and invoice generation. Payment for the Service cannot be made by Cheque or Cash.
- Where the Customer does not make the payment on the Payment Date, the Company shall be entitled, at its sole discretion, to suspend the Service provided and charge 8% interest on any amount owing (the daily rate that will apply will be 0.0219%).
- Should the Customer not make the payment within 14 days of the Payment Date, the Company shall be entitled to terminate this Agreement and the provision of the service without notice.
- On the exercise of term C(7) of this Agreement, or the suspension of the service under term C(6) of this Agreement, the Company shall not be obliged to reactivate the Service under any circumstances.
- Should suspension of the Service occur, under term C(6) of this Agreement, the Customer may be required, at the sole discretion of the Company, to pay to the Company a reactivation fee to have the Service reactivated. The reactivation fee is in place solely to cover the costs of the Company in first suspending the service and in reactivating the service. The reactivation fee shall be no greater than £15.00 + VAT.
- The price for the Service may, from time to time, be varied by the company. If the price of the service is to change the Company undertakes to provide no less than thirty days written notice to the Customer.
- Such written notice, as described in term C(10), may be provided by email and sent to the ShopWired registered account email address.
In order to use ShopWired you have to pay for it. You can pay every month, every year or every two years. We may offer a discount if paying every year or two years but this might not always be available (it's at our discretion).
You have to pay for ShopWired on the payment date and when you enter your card details you grant us the rights to bill this card on the payment date until you cancel.
If you contact your card company and claim a payment to us was not authorised, we will charge you £40 + VAT to cover our time in handling the chargeback with our payment service provider.
In exceptional circumstances you may make a payment to us not through our automatic billing system. We will charge £10 + VAT to cover our time in manually generating an invoice/receipt for this payment.
If you don't make payment on the payment date, for example if we can't charge your stored card, we will charge 8% (per year) interest.
If you don't make payment within 14 days we will cancel your service. If you want to reactivate we may charge you a £15 + VAT fee to reconnect.
We can change the price of ShopWired by giving you 30 days written notice sent to your ShopWired account's email address. You don't have to accept the increase and can choose to cancel if you want to.
D. Cancellation of the service
- The Customer can cancel the Service at any time, subject to all the relevant provisions of this Agreement. Cancellation must be made in writing by emailing firstname.lastname@example.org. The Customer agrees to provide the Company with one month's notice of their wish to cancel. On receiving a cancellation request from the Customer the Company will cancel the Customer's subscription payments and will be entitled to charge the customer's payment method an amount equivalent to a pro-rata charge for the notice period.
- Where the Customer wishes to cancel the Service, no refunds for any prepayments made will be provided under any circumstances. Where the Customer purchases an SSL certificate from the Company, the SSL certificate cannot be transferred outside of the ShopWired Platform and used on a website not hosted on the ShopWired Platform. Should the customer cancel the Service, the Customer will not be entitled to a refund for any unused period of the SSL certificate.
- Once the Service has been cancelled, the Company shall be entitled, without any notice to the Customer, to immediately and irrecoverably remove all data held by the Company in relation to the Customer's Service. Such data includes, but is not limited to, images, text, product data, customer data, email addresses, and any and all data in relation to the Customer's online store.
- Should the Customer's registered payment method be unable to be charged successfuly by the Company, and should the Customer not submit a new, valid, payment method within 28 days of the payment date, the Company shall be entitled to cancel the service and act in accordance with the provisions of term D(3) above.
If you want to cancel ShopWired you must do so in writing by emailing email@example.com. Only cancellation requests sent to this email address will be accepted. You cannot cancel via live chat or phone.
If you want to cancel then you can't get a refund on any payments you've already made to us.
If you want to cancel then you must give us one month's notice. That means that we will charge you a pro-rata fee based on the package price that you pay to us.
Once you cancel ShopWired, after the notice period has elapsed, we will be entitled to permanently delete all of your data.
E. Restricted content / acceptable & fair use policy
- Use of the Service is prohibited where the content of the website or products or services for sale fall within those defined at term E(2) below. The examples described are not exhaustive and we may modify this policy at any time by posting a revised version on the ShopWired website.
You may not use, promote, facilitate, or instruct any third party to use, the Service for any illegal, harmful, offensive, fraudulent or infringing purposes or activities.
Offensive content is defined as any content which is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
Harmful and fraudulent activities include, but are not limited to, offering fraudulent goods or services, schemes or promotions (e.g. make-money-fast or Ponzi or pyramid schemes).
Infringing content is content that infringes the copyright, intellectual property rights or proprietary rights of others.
Harmful content is content or other technology that may damage or interfere with any system, program or data.
- We reserve the right to monitor the content uploaded by you to ensure your compliance with our Acceptable Use Policy and, where we deem appropriate, investigate violations of this policy. We will immediately remove, disable or modify any content we find that violates this policy without notice to you and agree to contact you within 24 hours of same being completed. We may report any content or activity we suspect violates any law or regulation to the appropriate law enforcement officials.
- At the sole discretion of the Company we may, on finding restricted content on your account, terminate this agreement without notice.
- The Service is subject to a Fair Use policy where the Customer has chosen a Standard ShopWired package (i.e. not Enterprise). Where the Customer’s use of the platform or visitor traffic exceeds a fair portion of the platform’s resources (such fair portion to be determined at the sole discretion of the Company) the Website may be disabled and the Customer will be invited in writing to upgrade your account to an Enterprise package. Where the Customer chooses not to upgrade the account to an Enterprise package, the Website may remain disabled and the Service will be refused to you in accordance with term A(6).
- Where the Customer expects an unusually large volume of website visitors and/or orders, the Customer is obliged to inform the Company in writing (to firstname.lastname@example.org) no later than 7 days prior to such an event. The Company will assess the likely impact of the increased usage of the Service by the Customer and may, at its sole discretion, request the customer makes payment to cover the deployment of additional server resources to ensure that the Service is provided by the Company to the Customer without interruption. Where the Customer does not provide notice of the Company in accordance with this term, the Company will be entitled to act in accordance with term E(5) above at its sole discretion.
- In accordance with terms B(1), B(2), B(3), B(4), B(5), B(6), the Company does not accept any liability for any loss suffered by the Customer where it acts in accordance with the terms of this agreement whether the loss be direct, indirect or consequential. Such losses include, but are not limited to, loss of sales, loss of profits, loss of goodwill, loss of search engine rankings, loss of advertising costs, loss of use, loss of data or any other intangible losses whether or not explicitly defined. For the avoidance of doubt, such losses also include those suffered as a result of any coding work that you ask the ShopWired to undertake on your ShopWired theme.
- Where the Company chooses not to exercise or enforce its rights under these terms and conditions such failure shall not constitute any type of waiver of such right or provision in the future.
You cannot use ShopWired to host certain types of content.
Prohibited content is content that is offensive, harmful, fraudulent, infringes someone else's copyright, or interferes with computer systems.
If you use prohibited content on your website we might remove that content without notice to you or remove your website. In some cases we might terminate your service and our contract.
Unless you're utilising one of ShopWired's Enterprise packages, your use of ShopWired is subject to a 'fair use' policy. If you experience a high volume of traffic to your website and have not notified ShopWired beforehand, ShopWired will ask you to upgrade to an Enterprise package. If you decline or do not respond in time we will suspend service to protect the integrity of our platform.
Where we do suspend service, and you suffer a loss as a result, you cannot ask ShopWired for compensation.
If you have a high volume of traffic at some point and we continue to provide service to you, we may still refuse service in the future.
F. The service
- The Service is the provision of the online capability of the Customer to manage an online store. This means that the Company provides to the Customer the ability for the Customer to operate a website that allows the Customer's customers to purchase goods, services or digital products with a credit/debit card, or to order such goods, services or digital products for payment offline.
- The Service comprises of a number of "tools", provided through the website at www.shopwired.co.uk, resources.shopwired.co.uk, our administration system at my.shopwired.uk and our API services at connect.shopwired.co.uk and applications.shopwired.co.uk. The "tools" provided by the Company shall vary from time to time, with the addition of new "tools" and the removal of others. The Service does not comprise, nor is it reliant, on one particular "tool", but rather the collection of a number of "tools".
- The "tools" provided by the Company are comprised at its sole discretion.
ShopWired allows its users to create their own ecommerce websites through the use of tools provided online and accessed through our platform and its associated websites.
The tools (functionality) that comprise ShopWired are subject to change at any time and are at our sole discretion. We don't guarantee that a particular tool will be available.
G. Copyright infringement
- The Company respects the rights of Copyright holders to protect their intellectual property and enforce the removal of intellectual property where consent for its use or display has not been obtained.
- Upon receiving notification from a Copyright holder that Copyright has been infringed on a store operated by the Customer, the Company shall contact the Customer immediately.
- The Customer will then be entitled to respond to this notification directly to the Company (who shall then forward the response to the Copyright holder).
- The Copyright holder shall then be entitled to respond to the Customer's response.
- In these cases, the Company shall be entitled to decide, as its sole discretion, whether the intellectual property is removed or not. If the Company deems that the property shall not be removed, the Copyright holder should then apply to the appropriate court for a court order seeking the immediate removal of the intellectual property.
- Where the Customer has been notified by the Company under term G(2) of this Agreement, and the Customer has not removed such material or the Company has decided not to remove the material under term G(5) of this Agreement, should the Company incur a loss as a result of the continued (or first instance) use of such material, the Customer hereby agrees to indemnify the Company for any and all such losses in relation to the Customer's infriging material, howsoever incurred by the Company.
ShopWired permits users to upload content (website text and images) to its platform for use on that user's website.
The permitted content that you can upload is at the sole discretion of the company.
You cannot upload content belonging to a third-party without their prior permission.
If you upload third-party content without prior permission, and the content owner contacts ShopWired we will contact you and ask for a response. If you don't respond quickly enough in removing the content or proving that you are allowed to display it on your website, we may remove the content without notice to you.
In cases where copyright for content is disputed, whether the content is allowed on ShopWired's platform or not (and therefore on your website) is entirely our decision.
- The Customer hereby agrees to indemnify the Company against any losses incurred by the Company as a result of the Customer's use of the website where such use is contrary to these terms and conditions, is malicious, contrary to the laws of England or the country in which the Company resides, is present or operates, or where the Customer has deliberately or accidentally caused damage or changes to the ShopWired.co.uk website or online platforms described in these terms and conditions.
If your use of ShopWired contravenes these terms and conditions and therefore causes us to suffer a loss, you will be liable to pay that loss to us.
I. No Assignment By The Customer
- The Customer may not assign this Agreement without the prior written consent of the Company. Such permission may be refused by the Company at its sole discretion.
You can't assign this agreement to a third party. If you sell your business to another corporate entity or individual then they will need to form a new contract with ShopWired.
J. Rights Of Third Parties
- Nothing in this agreement shall provide or be constructed to provide any third party with any right of remedy, claim, cause of action or privilege.
No terms written in this agreement gives any rights to any third parties.
K. Entire Agreement & Jurisdiction
- This Agreement constitutes the entire agreement between the parties. It supersedes and excludes all prior written or oral representations or warranties made by the Company to the Customer.
- This Agreement is written in accordance with English Law. All parties hereby submit to the exclusive jurisdiction of the courts of England and Wales should any dispute arise.
- Should any term, warranty or condition, or any part of any term, part of any warranty, or part of any condition, be found to be unenforceable or contrary to the laws of England, the Customer hereby agrees that it shall not affect the validity or enforceability of the rest of this Agreement or the rest of the term, warranty or condition.
This is the only agreement between us.
English law governs this agreement. You can only revert to courts in England & Wales to resolve any disputes.
- The Company reserves the right to place a text hyperlink from the Customer's website (as provided by the Service) back to the Company's website, (www.ShopWired.co.uk). Such right can be waived by the Company at the Customer's written request.
- The Customer hereby agrees to let the Company place this hyperlink at the very bottom of the Customer's website.
- The hyperlink shall be limited to a maximum of 7 words (including the name ShopWired.co.uk or ShopWired).
- The colour, font and font-size of the hyperlink included on the Customer's website shall fit in with the rest of the website's design and theme.
ShopWired can put a link from each page of your website back to the ShopWired website.
If you want to remove this link you can do so yourself through the theme editor or by contacting us at email@example.com.