IONOS E-commerce Service
Preamble
The following special terms and conditions for the E-commerce Service apply in addition to the General Terms and Conditions of IONOS Inc. - and the data protection information. In these Special Terms and Conditions You will be referred to as You, Your or similar words or phrases. Any reference to Applicable Law means all relevant laws and regulations and well as any voluntary codes and industry self-regulation including without limitation all laws relating to issues of equality, race and discrimination, data privacy and data rights (including the California Consumer Protection Act), marketing, copyright, designs, patents, databases and other proprietary rights, consumer laws and regulations and any other law, regulation or code of whichever description is in any way relevant to Your Website.
1. General
1.1 The E-commerce Service is a service where IONOS builds an online shop for You. On completion, the shop is passed to You and You may make adjustments within the scope of the E-commerce tariff or have them made within the scope of the maintenance service included in the E-commerce Service.
1.2 Any reference to Package in these terms and conditions refers to the package, which You have purchased. The available Packages can be found at https://www.ionos.com/ecommerce-solutions/ecommerce-website-design and the specific Package that You have purchased will be confirmed to You at the point You place Your order.
1.3 IONOS will use commercially and technically reasonable endeavours to build the shop in accordance with the Package and Your instructions and wishes.
1.4 IONOS staff building the shop will be available as reasonably required.
2. Tariffs
2.1 Package Tariffs can be found at https://www.ionos.com/ecommerce-solutions/ecommerce-website-design.
2.2 You acknowledge that the building of the shop is tailored to You and so any cooling off or cancellation periods that You are entitled to under any Applicable Laws will no longer be available once work has commenced to build the shop.
5. Building Your Shop
5.1 Your shop will be built with the features that are detailed in the package. IONOS will use commercially reasonable endeavours to build the first version of Your Website and allow You to preview it within 10 to 15 working days.
5.2 You will provide IONOS with all information, data, files, passwords, content, copy and other materials that IONOS may reasonably require in order to build the shop.
5.3 IONOS may require You to further clarify Your instructions and wishes and will inform You where it is not possible to follow Your instructions or comply with Your wishes. Where it is not possible to comply with Your instructions and wishes IONOS will ask You for alternative instructions and wishes which are reasonably possible to comply with.
5.4 You may ask IONOS to alter or change the shop at any time and IONOS will use commercially reasonable endeavours to make the changes and alterations You request, however, You recognise that there are technical, legal and regulatory matters which may affect IONOS ability to comply with Your instructions. Where Your instructions cannot be followed IONOS will speak with You about what is and is not possible and the reasons why, so that You may provide alternative instructions which are possible to implement.
5.5 While Your shop is being built we may send You updates and service messages via SMS, e.g. to remind You to provide content. It is likely that You will be able to upload most things required for the building of Your shop via a secure link which is dedicated to You. This link will be sent to You with Your welcome e-mail. All files must be provided in digital form.
6. Your obligations
6.1 You acknowledge the importance of compliance with Applicable Laws and agree that IONOS is not offering a legal advisory or compliance service. You agree to take separate legal advice on whether or not the content and function of your online shop is compliant with all Applicable Laws. Notwithstanding this obligation on You, IONOS will build the shop in accordance with its obligations to You under these terms and conditions but retains the right to refuse to build any part of the shop or follow any instructions which it reasonably believes will breach Applicable Laws.
6.2 Once the shop is live, You agree to continuously review the shop for ongoing compliance with Applicable Laws. If IONOS receives a complaint that the shop breaches Applicable Laws or any third parties rights then IONOS has the right, in its sole discretion, to suspend, terminate or take down the shop for such a period as it deems necessary for You to make changes to ensure that the shop is compliant. When exercising this discretion IONOS will endeavour to keep any period in which the shop is inactive to a minimum.
6.3 It is Your sole obligation to ensure that You have acquired all necessary rights and licences to use any software, images, copy, links or other content which is owned by any third party. IONOS may ask You for proof (to IONOS reasonable satisfaction) that You have secured any necessary rights or licences and if You fail to provide such proof then IONOS may refuse to include items in Your shop.
6.4 If You request IONOS to integrate third party apps, software or similar, You simultaneously grant permission to IONOS to do so in Your behalf.
7. Indemnity and Liability
7.1 You agree to indemnify IONOS and hold IONOS harmless on demand from any claims from any parties that Your shop or its content infringes any rights (including without limitation intellectual and any other proprietary rights) or Applicable Laws. In order to mitigate any damage done by any such claims IONOS reserves the right (to be exercised at its sole discretion) to take down or suspend the shop until such claims have been resolved.
7.2 The limits on IONOS liability are those set out in our General Terms and Conditions which can be found at IONOS General Terms and Conditions
9. Shop update process
9.1 You must notify IONOS by e-mail or telephone of any changes to the shop that You require. Subject to any reasonable usage limits IONOS may impose, in its sole discretion from time to time, may make as many requests for change as You wish within our open hours. For indicative purposes only IONOS will implement changes within 5 working days. On completion of a change or update You will be notified by IONOS. IONOS has the sole discretion to decline to make changes or updates which it considers to be too complex, costly or outside of the features of the Package which You have purchased.
9.2 Your obligations to monitor the shop for compliance with Applicable Law overrides IONOS obligations to You under the remaining provisions of these terms and conditions. Notwithstanding this, IONOS may contact You periodically (normally at 6 month intervals but sometimes less frequently) to discuss Your satisfaction with the shop and, if necessary, further provide changes or updates that You require or further suggestions and recommendations of IONOS to optimise the shop.