Terms

Overview

IMPORTANT: This License and Services Agreement ("Agreement") is a legal electronic agreement between you ("Customer"or “you”) and Bigcart Ltd. We are a company registered in England with our registered office at 71-75 SHELTON STREET, COVENT GARDEN, LONDON, WC2H 9JQ, UK. Our company number is 09185186. We refer to ourselves as "Bigcart", "Bigcart.com", "we", "us" or "our" in this document.

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE "I AGREE" BUTTON ON THE ORDER PAGE, AND OTHER SELECTED PAGES, CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION.

"Software" is defined as the Bigcart ecommerce software program supplied by Bigcart for use in connection with the creation and design of an ecommerce website to sell products/services online and any corresponding design templates, documentation, associated media, printed materials, and online or electronic documentation. The Software also includes periodic software updates, add-on components, web services and/or supplements that Bigcart may provide to Customer or make available to Customer, to the extent that such items are not accompanied by a separate license agreement or terms of use.

"Services" is defined as the ecommerce website hosting services provided by Bigcart in connection with the Software, including hosting of Customer's ecommerce website(s) and/or hosting of e-commerce features, as selected by Customer, which allows end users to access and utilise Customer's e-commerce services.

Registration and Usage

a. Registration

  • By completing the registration process, you are stating that you agree to be bound by all of these TERMS AND CONDITIONS.
  • In consideration of your use of Bigcart.com services, you agree to: (a) provide true, accurate, current and complete information about yourself and your business (if applicable) as prompted by the Bigcart.com registration form; and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of Bigcart.com services (or any portion thereof).
  • You will create a password and receive account designation upon completing the Bigcart.com registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately to notify the Company of any unauthorised use of your password or account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
  • You agree that all information, data, text, software, music, sound, photographs, graphics or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the Company, are entirely responsible for all content that you upload, post, email or otherwise transmit via Bigcart.com ecommerce software.
  • You can use your own domain with Bigcart.com ecommerce software or buy domains from Bigcart.com (subject to availability).
  • At the time of registration you will have a choice of choosing your desired theme from our theme database; currently we have approx. 100 professionally made industry-specific ecommerce themes. The Company reserves the full copyrights and ownership of all the templates/designs, and therefore the Bigcart.com (or service related text) will show at the bottom/footer of each template and MUST be visible through-out the entire website.

b. Usage

You undertake not to use Bigcart.com to:

  • upload, post, publish, distribute, disseminate or otherwise transmit any content (hereinafter "post") that is unlawful, tortuous, defamatory, harmful or invasive of another's privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
  • create a Member Site containing nudity, or pornographic material, or sexual material of a lewd, lecherous or obscene nature and intent, or material of a vulgar, profane or obscene nature without suitable warning to browsers of the nature of the site prior to viewing the content;
  • upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas of the Bigcart.com software that are designated for such purposes;
  • interfere with or disrupt Bigcart.com software, servers or networks connected to the Bigcart.com, or infringe any requirements, procedures, policies or regulations of networks connected to Bigcart.com services, or interfere with another user's use and enjoyment of Bigcart.com services, including but not limited to attempting to gain unauthorised access to Bigcart.com software, an account that is not your own on Bigcart.com, or private mailing lists on Bigcart.com software through password mining or any other means;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others;
  • engage in commercial activities that are deemed inappropriate on Bigcart.com software. As such, the Company has the right to remove or suspend a membership program that they feel falls into this category.
Registration of Free Trial Account
  • Anyone wishing to use or take advantage of Bigcart.com’s ecommerce software is strongly advised to sign up for a free 14-Day Trial account, in which time you can evaluate the entire system. You are not required to give us your credit card details in order to create a free 14-Day Trial account.
  • A few areas are restricted in the Trial account, and these will be fully accessible when the User registers for the paid version.
  • Free 14-day Trial account approvals are instant, but in some cases it may take up to 12-24 hours after verifying the existence of the User.
  • We will collect your name, addresses, valid email IDs, telephone numbers, etc. during the trial registration process, which will then be used for verification (if required). We will not share any of our customers' details with any third party. Please visit our Privacy Policy for further details.
  • All trial account users must comply with the existing terms and conditions as set out on the Bigcart.com site.
  • If a trial user wishes to transfer all updated details/content over to the paid version, he/she is required to register through their trial admin user interface or send us an email or contact us via the helpdesk as Bigcart.com shall not be held responsible for any loss of or damage to data.
  • Once the free 14 day trial has expired, the trial account will be deleted in full and removed from our database. User’s information may be kept in our database for future marketing/advertising purposes or sending information with regard to promotional offers or new services, etc.
Fair-Usage Policy

Bigcart.com offers a high-limit of disk space and/or other resources, such as bandwidth transfer, email or virtual FTP accounts. The intention of Bigcart.com is to provide ample resources for Customer convenience so that Customers do not need to worry about exceeding limits.

It is acknowledged by Users of Bigcart.com’s services that these resource allotments are optimised and dedicated towards serving web documents and business email / FTP services and is not to be used as offsite storage areas for electronic files or as a provisioning service for third-party email or FTP hosts.

It is also acknowledged that any single account is entitled to utilise the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, Bigcart.com reserves the right to limit Users of the affected machine to a lower limit to preserve the effectiveness of the service for all Users. If a particular User is in extreme excess of the amount the average Users of the server have in use (actually used) of their resource allotments, that Customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to websites that are considered to be abusive in respect to service, disk space or resource consumption and where it is evident that the "fair-use" of resources among Customers has been breached, particularly in regard to disk space, bandwidth or CPU processing power utilisation. Additionally, websites that are found to contain either no HTML documents and/or a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Bigcart.com.

If a "fair-use" breach occurs, the determination of which is solely up to Bigcart.com, the Subscriber may have to remove files from or reduce access to their account to an extent determined by Bigcart.com in order to restore full serviceability to other Subscribers affected by the breach. In any case, the Subscriber will be notified of any actions that Bigcart.com may have to take.

Prohibition of Adult Content

Subscribers of Bigcart.com services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic media are not considered to be adult content.

Payment and Fees

In consideration for access to the Software and the Services provided by Bigcart.com, Customer shall pay Bigcart Ltd the fees listed on the order form or applicable invoice (the "Fees"). If paying by credit/Debit card, Customer hereby authorises Bigcart Ltd to charge Customer's credit/Debit card for all Fees. Upon payment of the Fees, Bigcart Ltd will provide Customer with unrestricted access to the Software and the Services. Bigcart Ltd reserves the right to adjust its fee schedules at any time.

Failure to Pay

Bigcart Ltd will terminate the service upon failure to pay the charges when due. In special circumstances, Bigcart Ltd may allow the service for a short period of time until payment is made.

Account Cancellation

A Subscriber may cancel his/her account at any time on-line via the account control panel's "Billing Options". If requesting a cancellation, we may ask the Subscriber to briefly explain the reasons for doing so, as well as any suggestions on how Bigcart.com could improve its services. The cancellation will take effect immediately, and the Subscriber's account will remain active until the end of the subscription/renewal date.

Money-Back Guarantees

Bigcart.com proudly offers its Subscribers a "7-Day Money-Back Guarantee/cooling-off period". This guarantee allows Subscribers to purchase Bigcart.com’s services with full confidence and zero risk. Consequently, Subscribers may request a full refund within 7 days of initial sign-up and be refunded all fees paid to-date, less any setup fees, one-off admin charge of GBP £14.95 and extra web development work (see below). Terminated accounts are not eligible for this guarantee if the termination occurred because of a violation of these TACs.

This guarantee can be requested at any time within 7 days of commencement of service if the Subscriber is not satisfied with Bigcart.com’s service, as we offer 14-day risk free trial to evaluate our software before purchasing. If the 7-day period of the subscription has been exceeded, the Subscriber is not eligible for this guarantee. A request for this guarantee must be submitted via Bigcart.com’s help desk.

Please note that refunds exclude any extra web development work such as: any kind of template customisation or new design, including logo & banner design and new programming or existing programming customisation etc.

Transfer for Domain Name

Bigcart.com utilises an industry-standard third-party registrar for domain-name registration services. Once an order is placed for a new domain name through Bigcart.com, we register the domain for the Customer through the registrar. Domains registered in this manner are not eligible for a refund, as the domain registration is not part of the package, and the domain will automatically be renewed on a yearly basis.

All domains registered through the Bigcart.com website may show domain ownership at the 'Who Is' site with Bigcart.com's details. If you cancel your Bigcart.com service, Bigcart.com will retain ownership of your domain name, and domain ownership transfers can be made to you on request (a small charge of GBP £14.95 is applicable).

Note: Subscriber's account must be active at the time of requesting domain transfer ownership.

Change of Name Servers

In cases of new hosting accounts or additions/modifications to hosted domain names or any other cases that involve the change of name servers of a domain from other DNS servers to Bigcart.com's DNS servers, there may occasionally be a delay of several days, weeks or longer, depending on the accessibility of control options at the respective registrar of the domain-name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain name servers cannot be changed at all. Owing to the unpredictable nature of the name server-change process, no guarantees are made regarding the amount of time a specific change may take.

On Customer request, the name server change of domain names is undertaken by Bigcart.com on behalf of the account holder. In such cases, a successful change of name servers cannot be guaranteed in any way or fashion, as it solely depends on the accessibility of, or co-operation by, the third-party domain name registration's registrar.

99.99% Uptime Guarantee

We guarantee that your website will be up and running at least 99.99% of the time during any 14-day period. This guarantee includes network uptime, server uptime, the web server, application server, mail server, service uptime and the client admin interface. It does not cover any areas where Bigcart.com has no direct influence, such as backbone-provider failures, fibre-optic main line cuts, DNS or registrar issues with a Subscriber's domain name, routing issues between a Subscriber's location and our data centre.

The uptime guarantee is also not applicable if the service interruption is caused by external issues such as Acts of God, Wars or any other natural or unnatural events that we cannot directly influence.

Support Boundaries

Use of our services requires a certain level of knowledge in the use of Internet languages, protocols, and word processing. This level of knowledge varies, depending on the anticipated use and desired content of the Subscriber's website as Subscriber is responsible for updating the website to our servers.

We will provide necessary help and support where needed in setting up Subscribers’ website which is included within the service plan. We exclude our service plan help and support from any type of data entry such as inventory loading, content and graphics update etc. However we can provide these types of services at an additional charge.

SPAM and Unsolicited Commercial Email (UCE)

Bigcart.com takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Bigcart.com may not use, or permit others to use, our network to partake in UCE distribution. Customers of Bigcart.com may not host or permit hosting of sites or information that is advertised by UCE from other networks.

Upon notification of an alleged violation of our SPAM policy, Bigcart.com will initiate an immediate investigation. During the investigation, Bigcart.com may restrict Customer access to the network to prevent further violations. Subscribers will thereafter be advised of the situation. If a Subscriber is found to be in violation of this Terms of Service (TOS), Bigcart.com may, at its sole discretion, unilaterally restrict, suspend or terminate the violating Customer's account. Furthermore, Bigcart.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bigcart.com will notify law enforcement officials if the violation is believed to be a criminal offence.

Prohibited Scripts and Applications

Bigcart.com strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script that may overwhelm server resources because of the inherent nature of the script itself or by defect in the coding of the script. If a User's script is found to be in violation of this clause, or is found to be overwhelming system resources, the User may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the User's account may be suspended for further review.

Subscriber Acknowledgement

The Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Bigcart.com and that damages resulting from any interruption of service are impossible to ascertain. Therefore, the Subscriber agrees that Bigcart.com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Bigcart.com. The Subscriber further acknowledges that Bigcart.com's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the Subscriber for services during the period damages occur on a pro-rata basis. In no event shall Bigcart.com be liable for any special or consequential damages, loss or injury.

Notification of Violation

Subscribers or any networks Users are prohibited from violating or attempting to violate the security of Bigcart.com's network or any and all components therein. Violations of system or network security may result in civil or criminal liability. Bigcart.com will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting Subscribers who are involved in such violations. These violations include but are not limited to:

  • First violation: Any Subscriber that Bigcart.com determines to have violated any element of this TOS shall receive an email warning them of the violation. The Subscriber's service is subject to a temporary suspension at Bigcart.com's discretion pending a Subscriber's agreement in writing to refrain from any further violations.
  • Second violation: Subscribers whom Bigcart.com determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.

NOTE: Bigcart.com reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on the Subscriber's network or your customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact the Subscriber. Bigcart.com will contact the Subscriber as soon as it is feasible.

Suspension of Service or Cancellation

We reserve the right to suspend network access to any Subscriber if, in the judgment of Bigcart.com, the Subscriber's account is the source or target of a violation of any of the terms of the TOS or for any other reason that Bigcart.com deems necessary.

If inappropriate activity is detected, all accounts of the Subscriber (their customer database) in question will be deactivated until further investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber may not be credited for the time the Subscriber's machines were suspended if the Subscriber is found to be at fault.

Miscellaneous Provisions

The Subscriber must provide Bigcart.com with real and current contact information at all times. Email address, telephone and fax contacts are used, and in that order of preference.

  • Bigcart.com takes no responsibility for any material placed on its network by others. Bigcart.com is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Bigcart.com disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
  • Bigcart.com's Subscribers are not permitted to run IRC servers.
  • Furthermore, Bigcart.com reserves the right to, but is not obligated to, review the content posted via the service and to refuse or remove any such materials at its sole discretion, without notice at any time.
Disclosure to Law Enforcement

The TOS/TAC specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that Bigcart.com may disclose any and all Subscriber information, including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they possess the proper court-approved warrant, without consent or notification to the Subscriber.

Indemnification

Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorney fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that the Indemnifying Party shall have the right to select counsel and control the defence thereof, subject to the rights of the Indemnified Party to participate therein.

Data Integrity

The Subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (i.e. not solely on Bigcart.com servers).

Bigcart.com is NOT RESPONSIBLE for any lost files, information or data.

Bigcart.com makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of Subscriber websites.

Although Bigcart.com backups may include Subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the Subscriber. Bigcart.com does not guarantee to possess the most recent copy of a Subscriber's website in its own backups.

Network
  • IP Address Ownership
    If Bigcart.com assigns an IP address to a Subscriber for use with their subscription, the right to use that IP address shall belong only to Bigcart.com, and the Subscriber shall have no right to use that IP address except as permitted by Bigcart.com. Bigcart.com shall maintain and control ownership of all IP numbers and addresses that may be assigned to Subscribers by Bigcart.com. Bigcart.com reserves the right to change or remove all such IP numbers and addresses at its sole and absolute discretion, at any time.
    Bigcart.com DOES NOT provide or give the rights to use of File Transfer Protocol (FTP) file system access to its subscribers for any server file management. Bigcart.com retains the exclusive rights for its use for all types of server file management.
  • Data Transfer and Disk Usage
    The Subscriber agrees that their disk usage shall not exceed the maximum number of megabytes. Bigcart.com will monitor the Subscriber's disk usage. Bigcart.com shall have the right to take corrective action if a Subscriber's disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement. Such actions may be taken at Bigcart.com's sole and absolute discretion, at any time deemed necessary by Bigcart.com. If Bigcart.com takes any corrective action under this section, the Subscriber shall be entitled to a pro-rata refund of any fees paid in advance prior to such action. In any case, the Subscriber will be warned of approaching or exceeded resource limits via email by Bigcart.com's automated notification system.
  • System and Network Security
    The Subscriber is prohibited from undertaking the following:
  • i. Accessing data not intended for the Subscriber or logging into a server or account that the Subscriber is not authorised to access.
  • ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
  • iii. Attempting to interfere with service to any Subscriber, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
  • iv. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
  • v. Taking any action in order to obtain services to which the Subscriber is not entitled.
  • IP Blockage Notification

    Bigcart.com reserves the full rights to block or stop any single IP or a range of IP to use our websites, only when Bigcart.com web security team detects that there is irregular or unusual usage of www.Bigcart.com and our networked websites.

    Please note that we have a tracker-monitor installed throughout www.Bigcart.com and our networked websites. Our dedicated web security teams are constantly monitoring our network 24/7.

    All questions concerning this Agreement shall be directed to: Bigcart Ltd, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UK or contact us via email at service@bigcart.com.

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