Terms & Conditions2019-07-16T16:59:05+00:00

Website Design & Development

  1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

  1. Charges

Charges for services to be provided by Flaircart Technologies are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Flaircart Technologies reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three (33) percent is required after the development stage, with the remaining thirty three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

  1. Client Review

Flaircart Technologies will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Flaircart Technologies otherwise within ten (10) days of the date the materials are made available to the Client.

  1. Turnaround Time and Content Control

Flaircart Technologies will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Flaircart Technologies receiving initial payment, unless a delay is specifically requested by the Client and agreed by Flaircart Technologies.

In return, the Client agrees to delegate a single individual as a primary contact to aid Flaircart Technologies with progressing the commission in a satisfactory and expedient manner.

During the project, Flaircart Technologies will require the Client to provide website content; text, images, movies and sound files

  1. Failure to provide required website content:

Flaircart Technologies is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system you are able to keep your content up to date your self.

  1. Payment

Invoices will be provided by Flaircart Technologies upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or $30 per month of the total amount due.

  1. Additional Expenses

Client agrees to reimburse Flaircart Technologies for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

  1. Web Browsers

Flaircart Technologies makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Flaircart Technologies cannot guarantee correct functionality with all browser software across different operating systems.

Flaircart Technologies cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Flaircart Technologies reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

  1. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Flaircart Technologies’s Web space, Flaircart Technologies will, at its discretion, remove all such material from its web space. Flaircart Technologies is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of $25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Flaircart Technologies reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Flaircart Technologies in enforcing these Terms and Conditions.

  1. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

  1. Indemnity

All Flaircart Technologies services may be used for lawful purposes only. You agree to indemnify and hold Flaircart Technologies harmless from any claims resulting from your use of our service that damages you or any other party.

  1. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Flaircart Technologies the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Flaircart Technologies permission and rights for use of the same and agrees to indemnify and hold harmless Flaircart Technologies from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Flaircart Technologies that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

  1. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Flaircart Technologies to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

  1. Design Credit

A link to Flaircart Technologies will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $5000, a fixed fee of $500 will be applied. The Client also agrees that the website developed for the Client may be presented in Flaircart Technologies’s portfolio.

  1. Access Requirements

If the Client’s website is to be installed on a third-party server, Flaircart Technologies must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

  1. Post-Placement Alterations

Flaircart Technologies cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

  1. Domain Names

Flaircart Technologies may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Flaircart Technologies. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

  1. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

  1. Social Media Management

Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Wombat Creative will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

  1. Governing Law

This Agreement shall be governed by English Law.

  1. Liability

Flaircart Technologies hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Flaircart Technologies to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

  1. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,

23. Additional & Bonus Services

If we provide any extra, additional, bonus features, services, etc. it is mean that we have full right to stop, remove, change or update which was not included in the service you purchased from us.

24. Discontinuations of Features

If we find that you are using any of our services which is not the part of your current active services from us, we may discontinue the services without any notice.

24. Custom Web Development

If any client requests a custom web development from us, then we will completely develop the website as per the requirements of the client. That means we will develop the website with programming languages (Eg. PHP, HTML, JavaScript, CSS, etc.). If any client requests a CMS (Eg. WordPress, Drupal, Joomla, etc.) we will add the CMS with the custom website. It has to be noted that to make any changes in the custom website’s content, the client must have knowledge of programming languages in which their website was developed. We are not responsible to change anything after the final project delivered. Clients will be responsible for their website.

 

Website Maintenance

1.1. “Maintenance Service Fee” shall mean a rate paid by the customer for website maintenance and maintenance related support. This fee is paid monthly. The fee depends on the selection of the maintenance level upon application.

1.2. “Website Maintenance” shall mean basic website changes and additions and does not including Server Side Scripting or Database modifications.

1.3. “Server Side Script” shall mean a program that is processed on the server, before the information ever reaches the user’s computer. These programming languages include but are not limited to PHP, ASP and ASP.NET.

1.4. Software” shall mean any artwork, programs, procedures, rules, and any associated documentation pertaining to the operation of a website. For example, a website, Content Management System, 3rd party applications like Forums, Blogs etc.

The term of a agreement is a 30 days’ term. After the period of this agreement, a new agreement should be generated and send to the client if client wish to continue our services. Anything could be change in agreement to the new one including the price.

3.1. The term or renewal term can be terminated as per a 30 day cooling off period after the commencement or renewal date of the agreement. Notice of this termination must be made in writing.

3.2. If the customer terminates the agreement prematurely to its term, then any unpaid Maintenance Service Fee’s will be invoiced based on the longest serving level.

The Level of your Website Maintenance Agreement can be modified by giving 14 days’ notice in writing.

5.1. Obligations

The customer agrees to provide Flaircart Technologies with reasonable access to all necessary personnel to answer any questions about any problems for website maintenance. We are not responsible for any 3rd party software, plugins, platform etc. Customer also agrees to promptly implement all updates provided by either a 3rd party or Flaircart if requested.

When requested and necessary, the customer shall provide Flaircart in writing a reasonable description of the maintenance required along with any additional information or software required to complete the Website Maintenance.

5.2. Primary Contacts

Our services are fully online based. If have to open a support ticket for your website maintenance. Our live chat also available if you have general inquires. You can also email us for any problems, information, support regarding our products. The customer shall also contact with local representative (if any) to serve as primary contact between the customer and Flaircart and to receive support through Flaircart`s support ticket. All of the customer’s support enquiry shall be initiated through these contact(s) and logged internally.

99% of the time Flaircart will start works on your Website Maintenance within (2) working days of receiving the request.

Upon identification of any Website Maintenance error, the customer shall notify Flaircart of such error and shall provide Flaircart with a problem report and enough information to reproduce the error. Flaircart shall use its reasonable efforts to respond to problem reports.

Flaircart shall begin to correct any reproducible Website Maintenance errors in the Software attributable to Flaircart with the level of effort commensurate with the error within one (1) business day. Flaircart shall not be responsible for correcting any errors not attributable to Flaircart.

No software, error correction or modification will go live on Fridays unless otherwise agreed upon. Support is limited over the weekend and this policy is designed to reduce the risk of critical errors over this period.

Flaircart may increase the Monthly, Quarterly, Semi-Annually, Annually Charge, Normal & Abnormal Hourly Charges as set out in this Agreement by giving 14 days’ prior written notice to take effect at the end of the notice period. In such an event, the Customer may terminate this Agreement before the end of the said notice period by a written notice to Flaircart.

You can open support ticket 24×7 for Website Maintenance. Website Maintenance service is available to be served Monday through Friday 6:00 A.M – 6 P.M (GMT-5)

 

11.1 All Payments should be paid within the due date period (written in the invoice).

11.2 All Website Maintenance plans are calculated for 30 days. You will be charged as per 30 days’ period.

11.3 One or more payment reminder will send to the client minimum 10 days before the due date.

11.4 If payment not received within the due date, an overdue amount shall be paid by customer which is $4 per day. If payment not received after 30 days from the due date, we shall suspend the account without any notifications or with an Email notification.

11.5 We are not responsible of service termination for Cheque Clearance. All cheque should be provide before 3 days from the due date.

11.6 If payment not received within 90 days from the due date, the account should be terminated permanently. We cannot reactivate it. we will be not responsible for any loss of data, money, personal asset or anything.

11.7 All services will be stopped immediately (Hosting, Domain, Email, FTP, Cpanel etc.) if we terminate or suspend the account for any reason.

11.8 Un-suspension might take 24-48 Hours.

 

12.1 We reserve the right to change, update, remove any terms, conditions, contracts, agreements etc. at any time without any notice or by an email notification.

12.2 All agreements, contracts are valid for the period of the invoice. (eg: If you subscribed our Maintenance Package for 6 months, the agreement will be valid only for 6 months, and a new agreement will be issued if you wish to continue our services.) An agreement could be valid for maximum 12 months.

12.3 No obligation is allowed against our decision. Our decision will be Final for any reason.

12.4 Monthly Website Maintenance fees require credit card for payment. No other forms of payment will be accepted for monthly website maintenance payments.

12.5   Website Maintenance fees may be paid with credit card. We accept Visa, MasterCard, American Express, JCB, Discover, and Diners Club.

12.6 Cheque might be allowed with special permission. All cheque should be given before 3 days from the due date.

12.7 An additional administrative fee of $25 will be charged to the clients account for any late payments or declined credit card charges.

12.8 An administrative fee of $35 will be charged for returned checks.

13.1 Clients may terminate this agreement at any time with 30 days’ written notice, additional fees may apply for early termination.

13.2 A fee of $150 will be charged to the clients account for terminating this agreement between the 1st month and the 3rd month of the agreement term.

13.3 A fee of $75 will be charged to the clients account for terminating this agreement between the 6th month and the 12th month of the agreement term.

13.4 After the initial 12 months, the client may terminate this agreement without paying any additional fees with 30 days’ written notice.

14.1 There are absolutely no refunds for any fees related to Website Maintenance Services.

14.2 If client wish to not use our services or suspend their account within or not within the valid service period, there are no Refunds for that.

14.3 A partial refund should be initiated only when client not getting requested services* (included with the package) for 10 days* (Time could be varying due any heavy jobs).

14.4 Refund will be credited into the client’s Cpanel account within 90 days. This amount could be only used to buy any of our products.

15.5 There are no refund for any unused time or period for Website Maintenance.

Universal Terms Of Service Agreement

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

Last Revised: 2019-02-27 10:29:14

  1. OVERVIEW

This Flaircart Hosting Agreement (this “Agreement”) is entered into by and between Flaircart Technologies, LLC, a USA private limited company (“Flaircart”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Flaircart’s Hosting services (the “Services”), and represents the entire agreement between you and Flaircart concerning the subject matter hereof.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms Of Service Agreement, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.

The terms “we”, “us” or “our” shall refer to Flaircart. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

  1. DESCRIPTION OF SERVICES

We offer varying plans of Hosting Services:

Web Hosting. If you purchase Web Hosting, your site is placed within one or more servers and resources are shared between many customers on the same servers; however, your site is given a unique address (DNS).

Virtual Private Server (“VPS”). If you purchase VPS, you will share a server with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address.

  1. LIMITATIONS; ACCOUNT TERMINATION

Migration of Servers. You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.

Termination of Services. You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content.

 

 

Free Products Credits. Upon termination of the Services, all free products provided as part of the Services will be cancelled or revoked.

 

  1. YOUR OBLIGATIONS

Abusive Activities. You acknowledge and agree that you may not use our servers and your website 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 we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Agreement. In addition to the General Rules of Conduct listed in our Universal Terms of Service, you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (1) disseminate or transmit any material that, to a reasonable person may be grossly offensive, vulgar or malicious; (2) attempt to mislead any person as to the identity, source or origin of any communication; (3) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; (4) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement or any of our policies; or (5) use your server as an “open relay” or for similar purposes.

We prohibit the running of a public recursive DNS service on any of our servers. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public DNS services and reserve the right to remove any servers from the network that violate this restriction.

Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.

Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Services are not intended to provide a

PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use Flaircart Services in any way that shall impair the functioning or operation of it or any equipment used to operate it. Included, but not limited to, you shall not use the Services as: (1) a repository or storage for files; and/or (2) a place to store material that can be

downloaded through other websites. If we detect an infringement of aforementioned restrictions, you may be issued a disk space violation warning at 10GB, and will be required to reduce the number of used gigabytes in your account. We reserve the right to temporarily suspend disk write functionality, in our sole discretion, when account size reaches 10GB. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.

Data Protection and Security.  You will not provide us any personal information with respect to Your clients, visitors, end-users (Users of Users). However, you acknowledge that Flaircart may in certain limited cases have access to such information and communications systems for the purposes set forth in this Agreement. In cases of such limited access Flaircart will not become controller of any such data. You, when controlling and operating your websites in relation to Hosting Services, shall be considered as the data controllers of such personal data of Users-of-Users for the purposes of General Data Protection Regulation (EU) 2016/679) (GDPR). You shall be responsible and liable for compliance with applicable privacy and personal data protection requirements (including, but not limited to requirements laid down by GDPR, which may be applicable to any personal information, data or content collected through, stored or otherwise processed in relation to Hosting Services on your website or server content).  You are and shall remain responsible for safety, legality, integrity and authorized usage of your Users-of-Users’ personal data, and for obtaining consents, permissions and providing fair processing notices required for processing of such information. 

Without limitations to the generality of the foregoing, you shall be solely responsible for installation of organizational and technical security measures sufficiently protecting personal data stored or processed on your website or server. Consequently, you will be solely responsible for all and any data breaches, incidents and similar violations pertaining to such data, unless such data breach has occurred solely due to technical failures, malfunction or errors of the servers and resources, which Flaircart has expressly warranted to secure to You and assume liability for such failures, malfunction or errors.

We do recommend that you publish and maintain clear and comprehensive privacy policies and related statements on your website, in accordance with requirements of GDPR, applicable laws and regulations, and that all Users-of-Users read and agree to those policies.

Data processing clauses

In case certain limited personal data processing activities are carried out by Flaircart in respect of the personal data of Users-of-Users, the following data processing clauses shall apply between Flaircart and you: (1) Flaircart shall process personal data only according to your documented written instructions or only as mandatorily required by law; (2) make best efforts to implement reasonably available technical and organisational measures in order to

ensure that personal data processing carried out complies with the requirements of GDPR and personal data protection legislation as regards security of processed personal data; you understand that the fact that available technical and organisational measures will be implemented in itself does not guarantee full and complete security, safety and integrity of personal data; by accepting the Terms of Services, you shall also be deemed to accept the quality of Hosting Services and other services, security level of platform and their suitability for your needs; (3) upon your request, Flaircart will take reasonable measures to discontinue data processing after expiry of the Agreement and, if required by you and unless otherwise provided in applicable legislation, take reasonable measures to erase or in any other way make inaccessible and unusable or return to you all available personal data; (4) you shall undertake to ensure that personal data are collected and processed lawfully, are accurate, relevant and adequate, and that your instructions to Flaircart are lawful, accurate, relevant, comply with the GDPR and personal data protection legislation; you shall notify data subjects of their data processing and transfer to Flaircart in accordance with the requirements of GDPR and personal data protection legislation; (5) you grant Flaircart with a general authorisation to engage other processors, sub-processors and service providers in the processing of personal data controlled by the you; such authorization shall encompass our right to: (i) store and transfer personal data to recipients, organised both within and outside European Union and/or European Economic Area; (ii) sign data transfer and data processing agreements with recipients, organised both within and outside European Union and/or European Economic Area; (6) you shall be solely responsible for handling the data subject requests received from Users-of-Users or in relation to their personal data; in some cases, if requested by you to remove any information pertaining to Users-of-Users’ personal data, we will respond to such request within thirty (30) days, unless more time is required for such request to be duly handled; (7) overall responsibility of Flaircart hereunder shall be limited to the amount of remuneration for the last 6 (six) months paid to Flaircart for the services under the Agreement.

Some of our servers are located outside EU or European Economic Area (EEA), therefore, depending on your choice or the services, your personal data as well as personal data of your users might be transferred to processors sub-processors or other data recipients established in third countries (i.e., data centers and servers, located outside EU or EEA (such as US, Brazil, Singapore, Indonesia), We will ensure that the said personal data will be transferred only if there is a sufficient basis for this under the GDPR and other applicable legal acts.

When providing hosting and other services, your personal data as well as personal data of your users might be transferred to data recipients established in third countries and participating in the EU-U.S. Privacy Shield Framework.  Your personal data as well as personal data of your users might be transferred to processors, sub-processors or other data recipients established in third countries (i.e., data centers and servers, located outside EU or

EEA.  For such transfers to be compatible with the requirements of GDPR, we have concluded with the data processors and/or sub-processor relevant agreements on such data transfers outside EU or EEA, which comply with the European Commission approved standard contractual clauses for data transfers from data controllers in the EU to data controllers established outside the EU or European Economic Area (EEA). For more see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.  For the said purposes and to the extent relevant we have deemed that the said agreements were concluded on your behalf and under your instructions, as the case may be.

Your personal data as well as personal data of your users might be transferred to data recipients established in third countries on other legal grounds compatible with the requirements of GDPR (Art. 45-49).

In certain situations, Flaircart may be asked to disclose personal data in response to lawful requests by public authorities, other competent authorities, including when it is required to meet national security or law enforcement requirements, and will do so where permitted by local data protection laws.

When accepting the Terms of Services, you shall also be deemed to have read, understood and accepted the terms and conditions of the data processing clauses, which shall be applicable in relations between us and you in accordance with Articles 28, 29, 32 of GDPR.

For more information on how Users-of-Users Information may be processed, please see our Privacy Policy, which may be found at: https://www.flaircart.com/privacy-policy

Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any

registered domain names provided by you or registered on behalf of you in connection with the Services.

  1. PROVISIONS SPECIFIC TO WEB HOSTING

Storage and Plan Limits. All Web Hosting plans, including the unlimited plans, are subject to a limit of no more than 250,000 inodes per account. The plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files and folders, tables or gigabytes (as the case may be), or may be temporarily or permanently suspended, in our sole discretion. All hosting plans are subject to the following limitations: no more than a) 25% of one CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.

You acknowledge and agree that inbound UDP is not supported in shared hosting environments.

Website/Server Content. Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.

Unlimited Disk Space/Bandwidth/Website Plans. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the normal operation of a personal or small business website, provided it complies with this Agreement. However, in the event your service usage or content presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS, or we may take action to restrict the resources your website is utilizing. All servers are configured as maximum bandwidth 100 GB per month per user for all unlimited plans. If

your website has heavy traffic then we will notify you about that and you have to choose VPS or Dedicated server for that.

  1. PROVISIONS SPECIFIC TO VPS, DEDICATED, MANAGED HOSTING

cPanel. In the event you add cPanel to your server, you agree to be bound by the cPanel EULA, which is hereby incorporated by reference

  1. SERVICE UPTIME GUARANTEE

We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable, including, but not limited to, DDOS attacks and IP blacklists; and (5) outages related to the reliability of certain programming environments.

  1. MONEY BACK GUARANTEE

Products and Services available for refunds are described here : https://www.flaircart.com/refund-policy (“Refund Policy”).

  1. THIRD PARTY SOFTWARE

Definition. “Third Party Software” means any software or application developed and owned by a third party provider that we may contract with from time to time.

Operating Software.

We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Services. You may not use the Third-Party Software outside of the Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our

agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party

provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).

  1. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

  1. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

 
General Terms and Conditions of Quotations and Sale
 
All goods and services are supplied on the terms and conditions set out herein and no addition or variation to these terms and conditions will have any effect unless expressly agreed in writing by the Supplier.
 
1.Quotations
 
(a)Unless previously withdrawn, a quotation is valid for 30 days or such other period as stated in it. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the Customer’s order has been accepted by the Supplier.
(b)No Supplier shall be bound by any condition attaching to the Customer’s order or acceptance of a Quotation and, unless such conditions are expressly accepted by the Supplier in writing, the Customer acknowledges that such conditions are expressly negated.
(c)Cancellation of an order can be made only with the Supplier’s consent and upon terms that will compensate the Supplier against loss.
(d)Change orders or briefing updates, amendments or changesrequested by the Customer shall not be effective unless accepted in writing by the Supplier. The Customer shall be liable for any costs, expenses, and liabilities incurred by the Supplier inconnection with any such change order.
 
2. Price
 
(a)Quoted prices may be not prices do not include GST.
(b)The Supplier, shall be entitled to vary the quoted price for the goods and services at any time prior to delivery if the costto the Supplier of performing the contract is increased and the Supplier reserves the right to applyprices ruling at the time of providing the goods or services.
 
3.Terms of Payment
 
(a)The invoice amount for the goods and services must be paid in full within seven(7) days of the end of the month during which the goods and services were invoiced.
(b)The Customer is not entitled to withhold payment or make any deduction from the quoted price of the goods and services in respect of any set off or counterclaim.
(c)If the Customer fails to pay for any of the goodsor services, the Supplier may in its absolute discretion, but without prejudice to any other remedy it may have, postpone the fulfillment of its obligations under this orderorbriefing and under any other order or briefing with this Customer until such payment is made and charge to the Customer any extra expense incurred thereby.
 
4.Cancellation or Suspension of Orders
 
Except where the Customer has a statutory right of termination, orders accepted by the Supplier may not be cancelled either wholly or in part without the consent in writing of the Supplier.
 
5.Liability
 
(a)Any service or advice which may be offered by the Supplier, its servants or agents to the Customer or its agents, is renderedin good faith and the Supplier shall not be liable for any loss or damage arising therefrom.
(b)For the avoidance of doubt, the Supplier will be under no liability whatsoever to the Customer for any loss, injury or damage(including consequential loss, injury or damage) suffered or caused as a result of or arising out of any act or omission (whether negligent or otherwise) by the Supplier, its servants or agents or any other person in any way related to or arising out of the Quotation by the Supplier.
 
6.Intellectual Property
 
All copyright, design right and other intellectual property in any design, specification, process, method of working or other information relating to the Flaircart Services(other than that provided by the Customer to the Supplier) shall vest for all time in the Supplier. The Supplier only grants to the Customer an irrevocable licence to use the Services for the specified project in accordance with the Customers brief.
 
7.Paramountcy
 
These General Terms and Conditions of Quotation and Sale shall constitute the entire agreement between the Supplier and the Customer and no terms, conditions, obligations or other provisions of any nature not contained in these General Terms and Conditions of Quotation and Sale shall be of any effect. For the avoidance of doubt, these General Terms and Conditions of Quotation and Sale shall apply in all circumstances, including where the Customer validly accept this quotation or where the Customer and the Supplier otherwise proceed with carrying out work under the brief, whether or not the Customer, at any time and by any means, purports to impose its own terms and conditions.
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Albany, New York, USA 12207
Phone: +1(315)987-1750

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