Introduction

Your electronic acceptance and/or use of any GoCommerce service signifies that you have read, understood and agreed to be bound by the terms and conditions of this Agreement as well as any policies posted on this website and that by such acceptance and/or use of the services you agree that any previous agreements between you and GoCommerce will be terminated and superseded by this Agreement.

Online Store License Terms and Policies

GoCommerce grants the client a limited, non-exclusive license make use of the ecommerce solution, GoCommerce, as defined by the service the client selected for the sole purpose of operating an online store.

Hosting Services Terms and Policies

GoCommerce shall provide storage for the software and content of client’s web site and make it available for end-users to access. This constitutes “Hosting Services”. GoCommerce reserves the right to charge a hosting fee, although this will be communicated well in advance on the website and via email.

The servers used to provide the Hosting Services are physically located within a secure data centre within South Africa and as such all content will be subject to the laws thereof.

GoCommerce warrants that the network will be available 95% of the time in a given month.

The client accepts and agrees that GoCommerce has limited control over availability Hosting Services on a continuous or uninterrupted basis. GoCommerce makes no warranty that the Hosting Services will be uninterrupted, error-free, or completely secure. The client acknowledges that there are risks inherent in Internet connectivity that could result in the loss of privacy, confidential information and property.

Service Level Warranty

If network downtime is below the 95% availability threshold, upon request GoCommerce will refund a customer 5% of the monthly fee for each 60 minutes of downtime upon request (up to and not to exceed 100% of the monthly fee). This is the client’s sole and exclusive remedy for failure to meet the Hosting Services warranty.

Setup Services

GoCommerce agrees to provide web site development and related services in response to the Design Brief and agreed to by GoCommerce. The client understands that GoCommerce’s design and development obligations are limited to those expressly set forth in the Design Brief and may be used on the designated domain name only. Any design or development work above and beyond the Design Brief as requested by client is subject to GoCommerce’s acceptance and will be charged to the client at additional fees.

Testing

GoCommerce will provide the client with a link to the work designed and developed created as described in the Design Brief. The client will have 14 days after GoCommerce provides the link to inspect and test the design and functionality to determine if it conforms to the design brief. Only if the design and/or developed functionalities fail to materially conform to the Design Brief, GoCommerce will use commercially reasonable efforts to resolve the failure provided that the client shall give GoCommerce written notice of the failure describing the defect with sufficient specificity so as to allow GoCommerce to easily identify and rectify the failure. Such specificity should include specific page, file or URL references and detailed information about the nature of the defect.

Time to Resolve

After receipt of notice of a material non-conformity, GoCommerce shall have 30 days to remedy such failure or defect and redeliver such to the client. The client shall have 14 days after GoCommerce redelivers to inspect and test the design and/or developed functionalities to determine if it conforms to the Design Brief. If the design and/or developed functionalities continue to fail to materially conform to the specifications in the Design Brief, then: (a) either party may terminate this agreement; or (b) if both parties agree, GoCommerce will be given an opportunity to resolve any defects in accordance with this section.

Acceptance

The design and developed functionalities will be deemed to be accepted upon the earlier of (a) written notice by the client to GoCommerce of such acceptance or (b) expiration of the time period for the client’s inspection without written notice to GoCommerce of material non-conformance. The client shall not unreasonably withhold or delay acceptance.

Ownership of Client Content

The client acknowledges and agrees that (a) unless expressly stated elsewhere, GoCommerce has no proprietary, financial, or other interest in client’s content; (b) GoCommerce does not, by virtue of offering or hosting the client’s content, edit, distribute, market, sublicense, publish, or otherwise provide client’s content to end users; and (c) the client is solely responsible for the information, quality, performance, and all other aspects of its content. The client warrants that it owns or has the right to use and offer the content.

Protection of Content

The client acknowledges and agrees that the client is solely responsible for ensuring the integrity of its content. Although GoCommerce may, from time to time, provide data backup services, the customer is advised that GoCommerce is not an insurer and is in no way responsible for any damages resulting from the loss of the client’s content, regardless of the reason for such loss. The client is solely responsible for backing up/archiving its own content.

Web Site Content

The client is solely responsible for providing, updating, uploading and maintaining the client’s web site and any and all files, information and/or materials on, within, displayed, linked or transmitted to, from or through your web site, 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. The client’s web site content also includes any registered domain names provided by the client or registered on behalf of the client. In no event shall your web site contain any of the following types of content:

• pornographic, obscene or excessively profane content;
• content intended to advocate or advance computer hacking or cracking;
• gambling;
• illegal activity;
• drug paraphernalia; or
• hate, violence or racial or ethnic intolerance.

Content Privacy

GoCommerce respects the client’s right to privacy. All of the client’s content is considered confidential information and will be treated as such.

Grant of License

On receipt of full payment of all fees associated with the Design Brief, GoCommerce grants to the client a limited, non exclusive, license to use the design and developed functionalities as stated in the Design Brief on the designated domain. This license shall only extend to the extent necessary for the client to maintain a web site while hosted with GoCommerce. The client agrees to maintain a GoCommerce Mention control in the header or footer of the website.

GoCommerce’s Rights

Custom design, custom developed functionality, GoCommerce’s services, GoCommerce’s content, and all intellectual property rights contained therein are and will remain the sole and exclusive property of GoCommerce.

GoCommerce’s Right to Re-Use Developed Functionalities

Customer understands and specifically acknowledges that GoCommerce may, in its sole discretion, use some or all of the developed functionalities (excluding content provided by the client) in the future in commercial development projects for other clients. Nothing in this Agreement shall be construed to limit GoCommerce’s right to do so or to use any information in non-tangible form retained by GoCommerce as ideas, information and understandings retained in the human memories of its employees and agents, provided that GoCommerce may only use information of general applicability and not a client’s confidential information.

Support

GoCommerce will provide client support via email, live chat and/or telephone. Support queries are answered between 8:00 GMT+2 and 17:00 GMT+2.

Software Updates

From time to time, GoCommerce may update the software associated with a service for many reasons, including but not limited to, to fix bugs or problems in previous versions and/or to enhance functionality or features. GoCommerce makes no warranty that such updates will not affect your use of the services or introduce new but unknown bugs into the software.

Use of Trade Names and Trademarks

Clients hereby grants GoCommerce a non-exclusive right to use the client’s trade names and trademarks (a) on GoCommerce’s own web sites, (b) in online and print advertising, publicity, newsletters and other forms of advertising of GoCommerce’s services. Clients may use GoCommerce’s trade names and trademarks in advertising. Under no circumstances shall such use imply that GoCommerce endorses, sponsors, certifies, approves or is responsible for the client’s content.

Reselling of Services

GoCommerce’s services may not be resold to any third party without the prior written consent of GoCommerce. Contact GoCommerce for more information on its Reseller Program.

Payment for Services

Clients will pay GoCommerce all fees due according to the prices and terms listed on the website. All sales are final and GoCommerce offers no partial or full refunds of any kind on any purchase unless otherwise agreed. GoCommerce reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online and effective immediately without need for further notice to the client.

All payments are due upon signup, no services will commence until full payment is received. All recurring charges will be due on the monthly day of your initial signup. It is the client’s responsibility to review all monthly charges for accuracy. Failure to dispute a charge within three (3) months following such charge shall be seen as the client’s acceptance of the said charges as valid and therefore waive any claims it may have had regarding such charge.
If a payment failed or is rejected, the client will have 7 days to make payment. If no payment is received for the outstanding fees, GoCommerce reserves the right to suspend any services provided. If a client defaults on payment, the client agrees to pay GoCommerce its reasonable expenses, including legal expenses and collection fees, incurred in enforcing its rights.

All fees must be paid prior to design and service setup. The billing cycle begins on the day the client’s account is setup, and is due on that day each month thereafter.

Spam

GoCommerce has a zero tolerance spam. All email sent via GoCommerce servers or any other service provider, with the intent of advertising any content on the client or any other website, must meet the following criteria:

• The recipient of the email has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with the client;
• Marketing/Newsletter emails must provide a working link for users to unsubscribe;
• All requested to unsubscribe must be processed within 5 business days;
• Email “from address” must contain the domain name of the client’s GoCommerce online store;
• Email subject lines must not contain misleading information; or
• Use of any mass email programs in conjunction with GoCommerce’s servers.

GoCommerce actively monitors its mail servers for abuse. Any client found to be using GoCommerce servers or any other 3rd party service to send spam will be immediately cut-off from use of GoCommerce services without possibility of refund.

Security

The client accepts that the Internet is not a secure or completely reliable system, and that the purpose of GoCommerce’s services are to allow end users easy to access to the client’s content. GoCommerce will take precautions it deems reasonable in its sole discretion to secure the client’s content from attack, but makes no warranty that there will be no outages or interruptions of service, or that the client’s content will be secure against attack of any form by end users or other third parties.

Changes to Agreement

GoCommerce, in its sole and absolute discretion, may change or modify this Agreement. Changes or modifications shall be effective immediately.

Solicitation

Clients agrees not to approach any employee of GoCommerce with offers to hire or employ them as contractors or employees. If a client was to hire any of GoCommerce’s employees, the client agree to pay GoCommerce for each employee hired the amount of two (2) years’ salary of the employee’s current GoCommerce salary.

Disclaimer

The client acknowledges and agrees that the use of GoCommerce’s services shall be at the client’s own risk. Services are provided “as is”. GoCommerce assumes no responsibility with respect to the client’s or end user’s use of the services and shall not be liable for damages including but not limited to the loss of use, service interruptions, loss of profits and/or revenue even if GoCommerce is aware of the posibility thereof.

Termination of Service

The client may terminate the use of GoCommerce’s services by emailing a termination letter to cancellation@gocommerce.co.za or via the account functionality provided in the admin panel. Failure to do so will result in the cancellation request not being processed and the client will continue to be liable for all recurring fees. Cancellation of a specific service will not cancel all services.

Refusal of Service

GoCommerce, in its sole discretion, may refuse to provide any service to any one at any time and for any reason. If GoCommerce exercises this right, GoCommerce will not charge you for the services and/or refund you for the amounts paid for the services during the month that GoCommerce invokes its right to deny the service.

Unacceptable Use of Services

The client agrees not to engage in unacceptable use of GoCommerce’s services, which includes, without limitation to:

• send spam, spamvertising, unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis;
• publish files, graphics, software or other information that infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
• create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
• export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the South Africa and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
• interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which the client does not have authorization to access or at a level exceeding the client’s authorization;
• distribute or sell mailing lists;
• transmit any virus or other malicious, harmful or disabling data, work, code or program;
• engage in any other activity deemed by GoCommerce to be in conflict with the spirit or intent of this agreement or any GoCommerce policy.

Engaging in any of such activities will result in the immediate suspension or termination of services at GoCommerce’s discretion.