We strive to formulate our terms and conditions as clearly as possible. If you have any questions, do not hesitate to contact us on 02 8091 3337 or via [email protected].
Art. 1: General
These terms and conditions are considered accepted by the customer by giving an assignment to “Clever Shops” or by accepting an offer from Clever Shops. Deviating conditions of the customer are not applicable and not opposable to Clever Shops.
Art. 2: Duration and termination
The Agreement is entered into for one year. In order to terminate the contract, you can cancel your subscription by email up to one month before the start of the next period. If the agreement is not cancelled, it is automatically extended by one year each time.
Art. 3: Prices
The prices stated in offers are only valid for 14 days, unless otherwise agreed. All prices are exclusive of GST. Clever Shops reserves the right to change prices unilaterally if the fixed costs of the webshop platform rise. Any price change will only take effect when the contract with the customer is renewed for an additional period. The temporary discount currently applicable is only valid for a period of 2 weeks following the date on which the demo session was given and if the customer does both the demo session and the training session by telephone.
Art. 4: Delivery, payment and protest terms
The delivery periods stated by Clever Shops are indicative and not binding. Any complaints can not be used as a pretext for not paying invoices on time if an offer has been accepted in advance. The invoicing is done after the confirmation of the order is received, unless otherwise agreed. An invoice that has not been challenged by a registered letter within 7 days is considered accepted. Invoices are payable within 14 days after the invoice date. If the invoice has not been paid by the due date, a contractual interest on arrears of 1% per month is payable by operation of law and without any notice of default. With every late payment by the customer, a 10% penalty clause is automatically due with a minimum of 75 Australian dollars and any promotional conditions or discounts that may have been granted are no longer valid.
Art. 5: Change of Service
During the agreement the package can be switched at any time to another package. An upgrade takes effect immediately and will also be settled from the moment the change is effected. If switched to a larger package, Clever Shops will automatically charge the costs for the use of the larger package. If switching does not take place at the end of an invoice period, Clever Shops will invoice separately for the remaining period. In case of a reduction of the package, the reduction will only be charged after the next billing period.
Art. 6: Suppliers and other contractors
The general terms and conditions of Clever Shops’ suppliers, contractors and all other parties that are called upon to perform the specific agreement with the customer apply. Clever Shops can not be held responsible for what follows from the general terms and conditions of these suppliers, contractors and other parties, and for defects in goods or services for which Clever Shops appeals to them (for example the temporary unavailability of servers running software that customer and the malfunctioning of webshops created by Clever Shops as a result of recent web browser updates that are not compatible with these webshops).
Art. 7: Liability
Under no circumstances is Clever Shops liable for direct and indirect damage such as commercial or financial losses, loss of data, loss of reputation, profit or loss of revenue, loss of customers and losses as a result of legal action taken by third parties against the customer. Under no circumstances is Clever Shops liable for the maintenance of customised applications that integrate with third parties. The customer is liable for violation of copyright of content that he delivers or places himself on the web shop. Clever Shops is not liable for damage resulting from interventions by Clever Shops in the customer’s system and for the dysfunctional of web shops, e-mail accounts and other systems provided by Clever Shops.
Art. 8: Intellectual property rights
The intellectual property rights associated with the visual design of the webshop created by Clever Shops are transferred to the customer. If the webshop contains images that have not been delivered by the customer, but have been obtained by Clever Shops from an online or non-paying online library, then the user license that the customer obtains on these images is dependent on the conditions of this online library. The intellectual property rights associated with the CMS (ie the software necessary for the management of the content of the webshop) belong exclusively to Clever Shops or a third party with which Clever Shops has concluded an agreement in this respect. After payment of the webshop, the customer receives a non-exclusive, non-transferable user license on this software.
Art. 9: Search engine findability
Clever Shops offers the customer the possibility to make links with the webshop with external services such as, but not limited to Google Webmastertools, which improve the findability of the customer’s webshop. The customer explicitly accepts that search results and findability of the webshop and/or services are fully determined by the managers of the search engines. Clever Shops does not guarantee the results to be achieved.
Art. 10: Support
Clever Shops only provides support for webshops that are hosted at Clever Shops (as part of the packages)). This support is limited to fair use. In case of doubt, one hour of support in a given month will apply as a limit for fair use. Performing support can temporarily have a negative influence on the availability of the webshop. Clever Shops will endeavour to limit negative consequences to an absolute minimum, but accepts no liability in this respect, if, among other things, but not limited to, certain functionalities temporarily do not work or the webshop is unattainable in its entirety.
Art. 11: Processing of personal data
If the customer does not wish his personal data to be used to inform the customer about the activities of Clever Shops, they can let you know at the following address: [email protected] The customer can consult, correct or change his personal data by sending a dated, signed letter. Under no circumstances will this personal data be transferred to third parties. Changes to contact details such as addresses, telephone numbers and e-mail addresses of the customer must be communicated in time by the customer to Clever Shops.
Art. 12: Applicable law
The Agreement between Clever Shops and their customers is governed by Australian state and federal Law.