Agreement to Terms
These Terms and Conditions (“Terms”) govern your use of EcomGenesis’s website located at www.ecomgenesis.com and our e-commerce services (collectively, the “Services”) operated by EcomGenesis (“Company,” “we,” “us,” or “our”).
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you do not have permission to access our Services.
Use of Our Services
Eligibility:
You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these requirements.
Account Registration:
To access certain features, you may need to create an account. You agree to:
Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security of your password and account
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized use
Acceptable Use:
You agree not to:
Violate any applicable laws or regulations
Infringe upon intellectual property rights
Transmit viruses, malware, or harmful code
Engage in fraudulent or deceptive practices
Interfere with or disrupt our Services
Attempt unauthorized access to our systems
Harvest or collect user information without consent
Use our Services for any illegal or unauthorized purpose
Our Services
E-commerce Solutions:
EcomGenesis provides e-commerce consulting, development, and management services. Specific services, deliverables, and timelines will be detailed in separate service agreements or statements of work.
Service Modifications:
We reserve the right to modify, suspend, or discontinue any part of our Services at any time with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation.
Service Availability:
While we strive to provide reliable Services, we do not guarantee uninterrupted or error-free access. We may perform maintenance that could temporarily affect availability.
Intellectual Property Rights
Our Intellectual Property:
The Services and all associated content, features, and functionality (including information, software, text, images, graphics, logos, and trademarks) are owned by EcomGenesis, its licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws.
Your License to Use:
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your business purposes in accordance with these Terms.
Your Content:
You retain ownership of any content you submit to our Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content as necessary to provide our Services.
Feedback:
Any feedback, suggestions, or recommendations you provide regarding our Services shall become our property, and we may use such feedback without compensation or attribution.
Payment Terms
Fees:
Fees for our Services will be specified in separate service agreements. All fees are exclusive of taxes unless otherwise stated.
Payment:
You agree to pay all fees according to the payment terms in your service agreement. Payments are due within 30 days of invoice date unless otherwise specified.
Late Payments:
Late payments may incur interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.
Refunds:
Refund policies, if applicable, will be specified in individual service agreements.
Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the provision of Services. This obligation survives termination of these Terms.
Privacy
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Third-Party Services
Our Services may contain links to or integrate with third-party websites, services, or platforms. We are not responsible for:
The content or practices of third parties
Any damage or loss caused by third-party services
Transactions between you and third-party providers
Disclaimers
As-Is Basis:
Our Services are provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
No Guarantee of Results:
We do not guarantee specific results from the use of our Services. Success in e-commerce depends on many factors beyond our control.
Third-Party Conduct:
We are not responsible for the conduct of any third parties, including other users, partners, or service providers.
Limitation of Liability
To the maximum extent permitted by law:
In no event shall EcomGenesis be liable for any indirect, incidental, special, consequential, or punitive damages
Our total liability shall not exceed the amount you paid to us in the twelve months preceding the claim
These limitations apply regardless of the legal theory on which the claim is based
Indemnification
You agree to defend, indemnify, and hold harmless EcomGenesis, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:
Your use of our Services
Your violation of these Terms
Your violation of any third-party rights
Any content you submit to our Services
Termination
Termination by You:
You may terminate your account at any time by contacting us. Termination does not relieve you of any payment obligations.
Termination by Us:
We may terminate or suspend your access immediately, without prior notice, for:
Breach of these Terms
Non-payment of fees
Conduct we believe is harmful to our Services or other users
As required by law
Effects of Termination:
Upon termination:
Your right to use our Services ceases immediately
Outstanding fees become immediately due
We may delete your account and associated data
Provisions that should survive will remain in effect
Dispute Resolution
Informal Resolution:
We prefer to resolve disputes informally. Before filing a claim, you agree to try to resolve the dispute by contacting us at legal@ecomgenesis.com.
Governing Law:
These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.
Venue:
Any disputes shall be resolved in the courts located in [Your Jurisdiction].
General Provisions
Entire Agreement:
These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and EcomGenesis.
Severability:
If any provision is found to be unenforceable, the remaining provisions will continue in full force.
Waiver:
Our failure to enforce any right or provision shall not be considered a waiver of those rights.
Assignment:
You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.
Notices:
Legal notices should be sent to legal@ecomgenesis.com or to our mailing address.
Force Majeure:
Neither party shall be liable for delays or failures due to circumstances beyond their reasonable control.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of changes by posting revised Terms on our website, updating the “Last Updated” date, or providing notice through your account or email. Your continued use after changes constitutes acceptance of the modified Terms.
Contact Information
For questions about these Terms, please contact us at:
EcomGenesis
Email: legal@ecomgenesis.com
Phone: [Your Phone Number]
Address: [Your Business Address]
Customer Support: support@ecomgenesis.com
Additional Terms for Specific Services
Certain Services may be subject to additional terms and conditions, which will be presented to you when you sign up for such Services. Those additional terms are incorporated into these Terms by reference.
Export Compliance
You agree to comply with all applicable export and import laws and regulations, and you represent that you are not prohibited from receiving our Services under such laws.
By using EcomGenesis’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
