1. OBJECT

The purpose of this agreement is to regulate the conditions of the right to use EVOMCLOUD provided by Evomcloud Uk LTD of 7 Bell Yard, London WC2A 2JR U.K.

Evomcloud provides to the subscribing company (User) on the website my.evomcloud.com the right to utilise the software by means of the web interface for the purposes of publication and management of products on the Internet with graphic and / or text information, with the exclusive control of User.


The User understands that these terms will be deemed accepted when User makes use of the software.

 

2. DESCRIPTION AND CONDITIONS OF THE SERVICES

EVOMCLOUD, is an e-commerce solution (electronic commerce) that allows User to publish products in their Web account in an easy and intuitive way, without the need for specific computer knowledge, facilitating their presence on the Internet in marketplaces according to the chosen plan (Premium / Advanced / Custom).

In order for User to open and access an account User must provide required company data via evomcloud.co.uk The User will have the right to publish their products in the marketplaces, Evomcloud undertakes to provide management of Logistics including arranging courier collection and delivery, and to provide customer enquiry services on behalf of the User

Shipping costs are paid by the end consumer unless specifically agreed otherwise by the parties to this agreement. Evomcloud will have full autonomy for the determination of national and international delivery methods, always based on the best benefits in terms of quality and price without reference by Evomcloud to the User.

 

3. GEOGRAPHICAL FIELD OF APPLICATION

The service described in these conditions is intended for companies or professionals with tax domicile in United Kingdom territory.

 

4. PRICE

The Evomcloud platform allows a variety of plans and services, as detailed on the website.

For services, Evomcloud will receive a commission on each sale detailed in Annex 1. Evomcloud shall ensure that all commission charges and subscriptions due to the Market place platforms are paid by Evomcloud

 

5. BILLING AND FORM OF PAYMENT

The payment by Evomcloud to the User for the products sold, through the marketplaces, is made at the end of each month upon presentation of the invoice by the User to Evomcloud.

 

6. USER REQUIREMENTS

The User warrants that the information provided will be correct, truthful and complete and that it will keep it updated during the term of the agreement. Consequently, Evomcloud disclaims any liability for breach of this warranty.

The User will use the contracted services in accordance with current legislation and in good faith. Likewise, it will comply with the provisions contained in these Terms and Conditions, and both the content of the files stored on the servers, as well as that of its web account, are its sole responsibility. User agrees that it is responsible for the management of all published products and the availability of products in stock. The User must ensure that the content of their account and the products offered for sale in the marketplaces comply with any applicable legislation.

For the publication of a product to work well, it is essential that the User correctly inserts professional images of the products in high resolution digital format (1000x1000 pixels) with a white background and informative texts. The User undertakes to ensure and maintain the update of the availability of the products in the warehouse of his account at my.evomcloud.com. This aspect is essential as a product sold and subsequently unavailable would lead to serious harm with the risk of negative ratings (comments) from consumers. This eventuality could cause the marketplace to proceed to suspend the account and block the service.

 

7. NO WARRANTY

It is expressly understood and agreed by the parties that the sales success of a User’s products is driven entirely by the desirability and pricing of the product and these are under the sole control of the User. Accordingly, no warranty, expressed or implied is offered by Evomcloud in relation to sales volumes achieved.

 

8. INTELLECTUAL AND INDUSTRIAL PROPERTY

The use of the services offered by Evomcloud does not grant the User any right or license over the computer programs necessary to provide the services or over the technical information to monitor them.

The User Warrants that it is the owner of the information and of the copyright of all photographs stored in the space allocated for its products or that it has the corresponding authorization to disseminate the information on the Internet, including without limitation, the right to use the images provided.


The partner will hold Evomcloud harmless for any damage, claim or sanction that occurs as a result of the improper or unauthorized use of the logos, trademarks, trade name, designs, image that are stored and added by the partner in the space assigned on the platform www.my.evomcloud.com.

 

8. ACCESS KEY 

After successfully completing the registration process, the User will be provided with credentials permitting access to the Evomcloud platform.

The partner's identification and access codes are personal and non-transferable. It is the partner's responsibility to act with due diligence to prevent access and / or use by third parties to access or use identification codes or keys on their behalf. Likewise, the partner is solely responsible for the loss, theft or unauthorized use of any identification code or key.

 

9. TERMINATION

Evomcloud reserves the right to terminate this agreement, and the services provided forthwith in the event of any breach by the User of their obligations under this agreement.

APPENDIX 1

            

Product categories 

Commission rate

 Baby products (exc. clothing)
 Beauty

 16% for products w/total sales price up to £100, and   25% for products w/total sales price greater than   £100

 Beer, wine & spirits

17%

 Cars & motorbikes

 14% for car & motorbike electronic devices, 22% for   related electronic accessories, 25% for remaining   related products

 Computers
 Consumer electronics

14%

 Computer accessories

 25% for the portion of the total sales price up to  £100,16% for any portion of the total sales price   greater than £100

 Cycling

 20%

 Electronic accessories

 25% for the portion of the total sales price up to   £100, 16% for any portion of the total sales price greater than £100

 Grocery & gourmet

 16% for products with total sales price up to £10.00,   and 25% for those with a total sales price greater   than £10.00

 Health and personal care

 22%

Home and garden
Education supplies

 25%

 Industrial electrical supplies,
 tools and instruments

 22%

 Jewellery

 25% for the portion of the total sales price up to   £250, 10% for any portion of the total sales price   greater than £250

 Large appliances

14%

 Material handling
 DIY & tools / Metalworking

 22%

 Musical instruments & DJ

 22%

 Personal care appliances

 16% for products with total sales price up to £10.00,   and 25% for those greater than £10.00

Renewable energy supplies

 22%

 Tyres

 14%

 Video game consoles

 16%

 Watches

 25% for the portion of the total sales price up to   £250, 10% for any portion of the total sales price   greater than £250

 Handmade

 22%

 Everything else

 25%