General Terms and Conditions for the Qwilink application

I. GENERAL PROVISIONS

 

Article 1

 

Expressions in the General Terms and Conditions have the following meaning:

  1. Acenta is the company Acenta d.o.o., Kranjska cesta 4, Slovenia; Registration Number: 2079968000, Tax ID Number: SI97997404.
  2. The Qwilink Application (hereinafter Qwilink) is a computer system with associated hardware and software – with which Acenta provides services according to these General Terms and Conditions. Qwilink is an application exclusively owned by Acenta.
  3. General Terms and Conditions are respective valid General Terms and Conditions for the use of Qwilink (hereinafter GT).
  4. The User is a person using Qwilink either as a Retailer or an Authorised user.
  5. The Retailer is a neutral person or legal entity using Qwilink, who accepted these General Terms and Conditions and logged into Qwilink as a user. This is a person who manages a website via Qwilink, adds/edits products and/or services, updates and special offers, and sells his own products and/or services.
  6. A visitor is a person who searches the web channels, shops for products and/or services on websites created via Qwilink by the Retailer.
  7. An Authorized user is any person authorized by the Retailer to manage the Qwilink account. An authorized user can be the Account administrator and/or Content editor.
  8. The User fee is a monthly compensation paid by the Retailer to Acenta in accordance with the GT for using Qwilink.
  9. The Form refers to the form for creating a Qwilink account. It is accessible via the Qwilink homepage. The entry code is represented by parameters required for a successful log-on to Qwilink. This concept combines an e-mail address and a password for entering the admin interface.
  10. The holder of the entry code is a neutral person using Qwilink as a User. If this is a legal entity the holder of the entry code is the neutral person who has been authorized to use Qwilink by the legal entity. It is considered that the statutory representative of the legal entity is also the User.
  11. Qwilink’s homepage is http://www.Qwilink.com.

 

Article 2

 

The GT determine the terms and conditions for using Qwilink and the rights and duties of the User. The GT regulate the contractual relationship between Acenta and the Retailer – for whom Acenta is performing services relating to the use of Qwilink – and determine mutual rights and duties arising from this. The GT also determine mutual rights and duties between Acenta and the Authorised user. By using the Qwilink application the Retailer and/or the Authorised user fully agree with the General Terms and Conditions.

 

 

 II. DESCRIPTION OF THE QWILINK ONLINE SERVICES

 

Article 3

 

Qwilink allows the User to quickly set up a website and publish his products and/or services on multiple web channels simultaneously. Using a Qwilink account the User creates and manages the content of his own website via an online catalogue of products and/or services, various social media networks, online marketplaces, and the online store.

Qwilink enables the User to use pre-prepared generically designed templates free of charge. If the User does not want to use these, he can use his own designed images of websites at his own expense.

The admin interface is available to the User via the Qwilink homepage. The respective valid list of all Qwilink functionalities with a full description is published on the Qwilink homepage. Acenta will constantly develop and upgrade Qwilink with new functionalities which will be added regularly to the list mentioned above. Every new functionality will generally be available to all Users. At any time, Acenta can terminate any of the Qwilink functionalities available to the User free of charge, without any prior notice or compensation for the User.

 

Article 4

 

Acenta can also offer the Retailer subsidiary services described on the Qwilink homepage if the Retailer wishes to have them. Acenta is obligated to implement these subsidiary services in a professional, meticulous, quality-based manner with due care and diligence and in the most cost-effective way.

Subsidiary services are provided based on a written order from the Retailer sent via e-mail or regular post to the contact address of Acenta. Based on the order Acenta issues the Retailer a written offer for the implementation of subsidiary services with the specification of services and prices. If the offer is confirmed, the subsidiary services can also be implemented using an order form or a work order. Acenta and the Retailer will conclude an independent contract for the implementation of subsidiary services if deemed necessary.

The Retailer has to pay Acenta an adequate additional sum along with the User fee for the implementation of subsidiary services in accordance with the respective valid Price list of Acenta.

 

Article 5

 

In agreement with the Retailer and in return for payment Acenta can also perform developmental and upgrade services for Qwilink’s existing functionalities. By accepting the GT during the process of creating his website, the Retailer explicitly agrees that the newly developed and upgraded functionalities from the previous paragraph, remain in exclusive ownership of Acenta – who can freely offer them up for use to other Users without any compensation to the Retailer.

 

 

III. TERMS OF USE FOR THE QWILINK SYSTEM

 

Article 6

 

Each Qwilink User has to simultaneously fulfil the following conditions:

  • that at the time of concluding the cooperation for using Qwilink he has listed truthful data;
  • that he has accepted the GT prior to using Qwilink;
  • that in the time of completing the Form he was at least 18 years of age – if this was a neutral person; or if this is a legal entity: that he is the Statutory representative of a legal entity and that he has been authorised by a legal entity to use Qwilink;
  • that he operates appropriately with the entry code.

Additionally to the conditions from Paragraph 1, the Retailer also has to fulfil the condition that he will regularly settle all payments towards Acenta.

Moreover, the Authorised Users for Qwilink also have to fulfil the conditions that they have the authorization from the Retailer for managing the Qwilink account.

 

Article 7

 

The User is able to use Qwilink when the password for entering the admin interface is issued to him and he is then subjected to the rules established in the instructions for using the service, instructions from Acenta’s technical staff, and general good business practice for using a web service.

The User has to protect the entry code with the care of a good keeper – by preventing the entry code to fall into the hands of third persons.

The User cannot transfer the entry code onto a third person.

All dangers – directly or indirectly connected with abuse, forgetting, loss or theft of the entry code or parts of it – are borne solely by the User.

 

Article 8

 

Acenta will automatically and temporarily enable the use of Qwilink to a User in the shortest time possible and no later than in 24 hours in the following cases:

  • if entry into Qwilink was attempted 10 times in a row with a wrong password for entering the admin interface;
  • if abuse, forgetting, loss, theft or unauthorized access to the password for entering the admin interface has been reported;
  • if reasons for suspicion about possible abuse or unauthorized access to Qwilink exist.

After the cancellation of the temporary cessation Acenta can issue a new password for entering the admin interface to the User for further use of Qwilink.

 

Article 9

 

The use of Qwilink which is not in compliance with the GT, the instructions for the system use, the instructions of the Acenta technical staff, and the general good business practice for system use is seen as system abuse and is strictly forbidden.

 

Especially the following is seen as system abuse:

  • hacking into Qwilink or the attempt of hacking into it;
  • causing damage or attempting to cause damage on the websites made using Qwilink or in Qwilink;
  • reading Qwilink system files, even if these are accessible;
  • causing damage or attempting to cause damage to Users or Acenta;
  • suspicion of fraud or other illegal activity;
  • using Qwilink for a purpose other than that set in the GT (for example for leasing websites onto third persons, etc.);
  • publishing content which contradicts the European Union regulations and generally accepted moral grounds in society;
  • publishing violent, slanderous, obscene, pornographic, offensive or in any other way publicly disputable content;
  • publishing or installing content intended to illegal destruction or hacking of other systems (for example a virus, rootkit, exploit, etc.);
  • publishing or installing content intended for any other activity, which is in contradiction to the purpose of Qwilink (for example various irc robots, warez, etc.);
  • publishing or installing content which could in any way harm the good name and/or the financial stability of Acenta;
  • sending SPAM and mass advertisements which include the e-mail or domain containing the word “Acenta” or “Qwilink” in the subject line, the body of the message or in the attachment, moreover, if any of these words are included in the text in the subject or body of the message or in the attachment.

 

IV. REGULATION OF MUTUAL RELATIONSHIPS BETWEEN THE USER AND ACENTA

 

Article 10

 

Mutual relationships between Acenta and the User concerning the operation via Qwilink are organised directly with the GT. In accordance with the GT Acenta is committed to enable the Retailer the use of Qwilink; and the Retailer is obliged to pay a User fee to Acenta for using these services. The contract on the use of Qwilink in the sense of the provision of this paragraph is concluded in the moment when the Retailer and Acenta agree on the cooperation.

Mutual relationships from the previous paragraph are determined and regulated for an indefinite period of time and come into force in every individual case with the moment the GT is accepted.

 

Article 11

 

Technical support via e-mail info@Qwilink.me is available to the Qwilink User. Acenta will only consider requests for support sent to info@Qwilink.me from the e-mail address of the User provided in the Form as the contact address.

Acenta will provide technical support during weekdays between 8.00 and 16.00, whereby claims for support will be considered in the order as they were received. Acenta will strive to solve the claims within a reasonable time period, whereby the company is not obligated to solve the claims completely, but merely to the extent which enables further use of Qwilink.

Acenta reserves the right to perform planned and unplanned technical maintenance interventions on Qwilink which will generally be performed between 0.00 and 06.00 in the morning or on Saturdays, work-free days, and holidays.

Acenta will only inform the User about planned and unplanned interventions mentioned in the previous paragraph if the scheduled interruption is longer than 15 minutes. Informing from the previous sentence is performed through the homepage or via the e-mail addresses stated in the Forms or notices on the dashboard within the admin interface, that is at least one day prior to the planned intervention or in the case of an unplanned intervention as soon as possible.

 

 

Article 12

 

The User has to consider the regulations regarding copyright protection and related rights when setting up, managing, and editing the contents of websites made with Qwilink. The User has to constantly ensure that the published materials and the materials supporting the subsidiary functionalities of websites (such as for example scripts, programmes, etc.) are free of copyright protection, are given to general use for everyone and that the copyright holders that are cooperating/have cooperated/will cooperate in the set-up, management and editing of the websites’ content, agree with the transfer and use of their copyrights to the Retailer in the extent suitable for the intent of the websites.

It is not permitted to publish and/or save copyright protected or unauthorised materials and content, owned by protected trademarks and/or service brands or patented, on the websites made with Qwilink.

 

Article 13

 

Acenta reserves the right to review the content of the Retailer’s websites in Qwilink and has the right to remove any content which is contradictory to the GT.

The Retailer is responsible for the content and the safety of the websites, Qwilink itself, the product catalogue, the online marketplaces, social media networks, and the online store. If the Retailer is going to use any permitted scripts and programmes via Qwilink that are not owned by Acenta, he is fully responsible for their correct operation and update.


V. CALCULATION OF SERVICES

 

Article 14

 

Using Qwilink is free of charge for 21 days from the first log-in to Qwilink or until the first publication of the website made with Qwilink. After the first publication, that is, after the expiry of the 21 days, Acenta charges the Retailer a monthly compensation in the form of the User fee + VAT for using Qwilink. The User fee is charged for the first time for that month, in which the 21 day period expired, that is when the Retailer or Acenta (in the name of the Retailer) published a website made with Qwilink, and is then charged for every next month until the website made with Qwilink is being published.

The User fee is divided into a monthly amount and depends on the modules used by the Retailer. In the online store a variable part is charged along with a fixed amount. The monthly amount may also vary depending on the country in which the Qwilink service is being marketed; the variable part depends on the monthly traffic created by the Retailer in Qwilink. The calculation of the monthly User fee is set with the respective Qwilink price list available at the Qwilink homepage. Acenta can conclude an individual agreement with the Retailer regarding the rate or calculation of the User fee which is not bound to the Qwilink price list.

Part of the User fee – which represents the fixed monthly amount – for the online store is charged in the current month for the next month.

 

Article 15

 

Implementing subsidiary services is not included in the User fee and it is charged separately in accordance with the respective price list of Acenta. Subsidiary services are charged based on a special written agreement. Acenta and the Retailer determine the service price for the development and upgrade of existing Qwilink functionalities based on the assessment of time used for this service and the respective Acenta price list.

If the subsidiary services are implemented on the location of the Retailer on his request, Acenta will also charge these services according to the time actually spent – expressed as the amount of time spent at the Retailer. If upon the Retailer’s request the subsidiary services are implemented on location outside the company seat, the Retailer is obliged to compensate Acenta for the travel expenses and potential regular accommodation expenses.

 

Article 16

 

The Retailer has to settle his monthly obligation for the User fee within 8 days from the date of the receipt with a transaction to the current account of Acenta.

By accepting the GT in the process of creating the Qwilink the Retailer explicitly permits Acenta to monitor and add together the traffic created via the Qwilink account for the purpose of an accurate calculation of the User fee.

The calculating period according to this article is from 0.00 from the first day in an individual calendar month until 24.00 of the last day of an individual calendar month.

 

Article 17

 

The Retailer has to settle his obligation for his subsidiary services within 8 days from the date that the receipt was issued with a transfer on the current account of Acenta. Acenta will issue a receipt to the Retailer for the performed subsidiary service within 3 days from the performed subsidiary service, together with the specification of services and eventual costs connected with the receipt.

Acenta can choose not to charge certain subsidiary services such as entering data into the website, implementing profiles on social networks and similar. If the Retailer withdraws from the Qwilink service prior to the 24 months from the establishment of the Qwilink service, the Retailer is obliged to pay for all performed subsidiary services that have not been charged according to then valid price list of Acenta.

 

Article 18

 

Acenta reserves the right to unilaterally change the amount of the User fee and/or the extent of the services, the use of which is covered by paying the User fee. Changes come into effect with the next accounting period.

In the event of changes mentioned in the previous paragraph Acenta is obligated to inform the Retailer about this at least 15 days before these changes come into effect by sending an e-mail to the e-mail address listed in the Form.

The Retailer who does not agree with the changes from Paragraph 1 of this Article, has to terminate the use of Qwilink services within eight days from the day Acenta sent the notice about the change mentioned in the previous paragraph. Otherwise it is considered that the Retailer accepts these changes after this deadline expires and there is no contrary evidence allowed.

 

Article 19

 

Acenta issues all receipts solely in electronic form and sends them to the Retailer’s e-mail address listed in the Form. These types of receipts issued by Acenta are valid with the facsimile of a signature from an authorised person of Acenta or signed with a verified digital certificate.

 

VI. REGULATION OF MUTUAL RELATIONSHIPS BETWEEN THE BUYER AND ACENTA

 

Article 20

 

The Visitor is entering into a contractual relationship directly with the Retailer, therefore no interrelationship between the Buyer and Acenta exists – except if it is stated otherwise by the Privacy Policy (Chapter VII of the GT).

The Retailer has to prepare the General Terms and Conditions – in accordance with the GT for Buyers, who will be logged-into Qwilink – which will regulate the mutual relations between the Retailer and the Buyers. They have to include the Privacy Policy in accordance with the provisions of Chapter VII of GT as well.

The Retailer is responsible for the content of the General Terms and Conditions and the Privacy Policy discussed in the previous paragraph. Acenta will not be held responsible by competent institutions or state authorities in case of disputes, penalties or costs relating to proceedings or for all other inconveniences, which could occur to the Retailer or the Buyer if the provision from the preceding paragraph is ignored.

 

 

VII. PRIVACY POLICY

 

Article 21

 

Acenta collects, processes, and saves personal data acquired via Qwilink exclusively for the means of their own operation and does not in any form offer it to other legal or neutral entities, except if a competent government authority requests the data with a finalised decision issued in implementing their legal tasks.

In accordance with the regulations, Acenta is entitled to collecting, managing, processing and saving personal data of Users and Buyers.

In compliance with the previous paragraphs Acenta collects, manages, processes and saves the following data about the User:

  • first name and last name of the entry code holder;
  • first name and last name of the representative, that is, authorised representative for a legal entity;
  • company name, name of legal entity;
  • place of residence/registered office of legal entity;
  • Tax ID number of legal entity;
  • e-mail address (username);
  • mobile number or stationary telephone;
  • password for entry into the admin interface in coded form;
  • traffic created via the Retailer’s online store in the Qwilink system;
  • other data voluntarily listed on the Form by the User;
  • other information voluntarily added later by the User to his profile;

 

In accordance with the first and second paragraph of this article Acenta collects, processes, and saves the following information about the Buyer:

  • first name and last name;
  • delivery address;
  • company name/name of legal entity (if the buyer is a legal entity);
  • Tax ID number of legal entity (if the buyer is a legal entity);
  • e-mail address (username);
  • password in coded form;
  • telephone number;
  • country of residence;
  • other data voluntarily entered by the Buyer into the fields while applying or registering;
  • other data voluntarily added later by the Buyer to their profile within the Qwilink system.

Acenta stores and protects the data of Users and Buyers accordingly, so there is no unjustified transfer of this data to unauthorised persons.

The User is liable for the data from paragraph three of this article to be accurate, complete and up-to-date. The Buyer is liable for the data from paragraph four of this article to be accurate, complete and up-to-date.

 

Article 22

 

By completing the Form the Users allow and authorise Acenta to collect, manage, process, and store their data arising from the use of Qwilink in accordance with the valid legislation.

By completing the Form the Users agree to the processing of personal data and state that they are familiar with the processing of personal data for Acenta’s needs (the processing for Acenta’s needs, for implementing rights and obligations arising from using Qwilink; for Acenta’s direct marketing; for providing information on news in services and/or products offered and/or marketed by Acenta), with the data on the personal database manager (Acenta d.o.o., Kranjska cesta 4, Radovljica, Slovenia), the user of this data (equally Acenta), the fact that this data is provided based on laws and regulations and voluntarily without any consequences if one declines providing the part of data which is not mandatory by law – if they decline providing the data mandatory by laws and regulations Acenta declines the use of Qwilink or immediately withdraws from offering all Qwilink services. Further on, that they are familiar with the following rights: to demand an insight into the personal database catalogue from the personal database manager; a confirmation whether the data pertaining to them is being processed or not; an insight into personal data contained in the collection of personal data that pertain to them, being able to copy them and have the right to ask the manager to forward a copy of personal data included in the collection and pertaining to them; that a list of users be forwarded to them, to see to whom this personal data has been forwarded to, when, on what ground, and for what purpose; acquire information about sources, on which the data on each individual is based, and on the processing method; obtain information on the purpose of the processing and type of personal data that is being processed, and that they agree that their e-mail listed in the Form can be used for direct marketing from Acenta, and that they agree that Acenta can use the address and phone number provided to give updates on news and other marketing content.

The Retailer is responsible for acquiring consent from the preceding paragraph for each Buyer.

 

Article 23

 

  1. Each User and Buyer is assigned a cookie for identification and ensuring tracking at the beginning of using Qwilink. Acenta’s servers automatically collect data on how the User and Visitor use Qwilink. They store this data in the activity log. Acenta’s servers store information on Qwilink use, statistical data and IP addresses from the User and Buyer. Acenta can use the data on Qwilink use from Buyers for anonymous statistical processing that serves to improve the user’s experience and to develop tools for the Retailer to help market products and/or services via Qwilink.
  2. Indirectly Qwilink can also store cookies from the external service Google Analytics on the personal computer of the User and Buyer. These cookies serve to collect data about visiting websites in an anonymous form. Google Inc. manages the external service Google Analytics, that is why for this part The Google Privacy Policy applies which is available on the website http://www.google.com/policies/privacy/.
  3. Qwilink also uses an interface, that is, a plugin for the external service Facebook (facebook.com), managed by Facebook Inc., that is why Facebook’s Privacy Policy applies for this part. It is available online at http://www.facebook.com/about/privacy/. The same applies to all other interfaces that are connected with Qwilink.
  4. In accordance with Article 157 of the Electronic Communications Act (Official Gazette of the Republic of Slovenia, No. 109/2012 – ZEKom-1) the assigning and storing of cookies from Article 23 of the General Terms and Conditions for using the Qwilink online service (hereinafter GT) is conducted based on the consent of the User or Buyer given with the begin of each use of Qwilink. The User or Visitor can also decline the use of cookies from external services of Google Analytics.
  5. Qwilink enables the User suitable solutions for informing visitors of his online store in the Qwilink system regarding assigning, storing, permitting, setting-up cookies from Article 23 of the GT; but merely in the framework of the existing Qwilink functionality.
  6. In cases when the User adds his own JavaScript and/or widget and/or his control through a plugin to his online store in the Qwilink system, the functionality mentioned in the previous paragraph is not enabled for these additions and the User is hereby solely responsible for reporting about cookies from Article 23 of the GT.

 

 

VIII. REFERENCE MARK AND SALES PROMOTION

 

Article 24

 

By accepting the GT in the process of creating their Qwilink account the Retailers explicitly agree:

  1. That Acenta may mark their websites with the service brand Qwilink (“Powered by Qwilink” or similar), which can also include the hyperlink to Qwilink’s homepage. Removing this hyperlink is subject of each individual agreement between the Retailer and Acenta, except when the Retailer uses one of the design templates that are free of charge.
  2. That Acenta may list the Retailer and their online store, the Retailer’s logo and the logo of the Retailer’s online store with a link to the Retailer’s website and their online store and other websites of the Retailer on Acenta’s website, the Qwilink website, in Acenta’s presentation folder, and other promotional and marketing material as reference at all time of the duration of the business cooperation between Acenta and the Retailer – except if Acenta and the Retailer have an explicit written agreement which states otherwise.
  3. That Acenta may use the data entered in the Qwilink system by the Retailer about products and/or services to compose a data collection that Acenta can offer to new Retailers as part of the Qwilink services.
  4. That Acenta may implement all activities permitted to stimulate sales of their products and/or services in Qwilink and elsewhere online, in the media of mobile telephony, using web applications and mobile applications, and new – currently not yet invented – internet marketing platforms and marketing platforms for mobile phones; for stimulating sales Acenta is especially permitted to:
  • use the data on products and/or services entered by the Retailer;
  • use data on handling information from the previous bullet; such as searching through the products and/or services made by Buyers;
  • display data on products and/or services which includes the basic display picture of a product and/or service, or in comparative displays, such as product/service comparisons of two different Retailers or comparison of several products and/or services from one Retailer against one another;
  • display data on products and/or services, including the basic display picture of a product and/or service in a joint search engine through all products and/or services offered by all online stores of all Retailers using Qwilink;
  • display the best-selling products and/or services in special columns and with the tag “bestseller”, etc.;
  • show the top-rated products and/or services by Buyers in special columns and with the tag “best reviewed”, etc.;
  • show products and/or services with the best quality-price ratio in special columns and with the tag “best buy”, etc.;
  • distribute catalogues of products and/or services via internet, social, and mobile networks, or through other websites and web services such as Facebook, Twitter, etc.

Acenta will not charge the Retailer any additional payment along with the User fee for implementing services to stimulate sales mentioned in paragraph one of this article. If such additional payment should become necessary – if third parties charge services – Acenta will implement this type of payable sales stimulation only with the Retailer’s preliminary agreement on the amount of the additional payment. The Retailer is not entitled to any compensation or other benefits for agreeing to paragraph one of this article.

Regardless of the provision from paragraph one of this article, Acenta and the Retailer can have an explicit written agreement about these questions that states otherwise.

 

IX. ACENTA’S RESPONSIBILITY

 

Article 25

 

With due care and diligence Acenta strives for quality services and flawless and undisturbed functioning of Qwilink, but it cannot ensure that the Qwilink services will constantly function safely, continuously, without flaws and data loss. Acenta will constantly improve Qwilink, also via regular communication with the Users and by considering their response and acquired feedback.

 

Article 26

 

Connection to the web-based network and services of internet access providers are not subject of services offered by Acenta within Qwilink. Acenta therefore assumes no responsibility for disturbances or interruptions on the telecommunication network, for mistakes arising in data transfer via telecommunication networks, for disabled access to Qwilink services or for consequences that occur due to these disturbances, interruptions and failures.

The Users, the Buyers or third persons cannot hold Acenta liable for direct or indirect damages, loss of income, loss of profit, loss or degradation of a good name and other costs arising from their use or inability to use Qwilink; Acenta’s responsibility is especially excluded for:

  • data loss;
  • incorrectly delivered or undelivered data;
  • accidentally or randomly imprinting, deleting or excluding data;
  • flaws in program tools;
  • unauthorised use of the admin and editing interface;
  • all cases of system abuse;
  • delay in the operation start due to a rejection to use Qwilink;
  • extended response time;
  • security, quality, adequacy, reliability or legality of any product and/or service offered and/or marketed via Qwilink;
  • adequacy and correctness of descriptions, pictures, offers, prices and other data connected with products and/or services offered and/or marketed via Qwilink;
  • the content of all other websites not directly connected with products and/or services offered and/or marketed via Qwilink but can be found within the framework or in relation to the websites made with Qwilink;
  • events it cannot influence or control (force majeure such as earthquake, fire, flood, war state, mass demonstrations, extreme weather conditions, power failure, etc.).

 

X. RETAILER’S RESPONSIBILTY

 

Article 27

 

The Retailer states, ensures, and vouches to Acenta:

  • that he satisfies all the conditions for using Qwilink in accordance with the GT and that he will abide by the GT during the complete period of using Qwilink;
  • that he satisfies all conditions for legally valid online sale and/or marketing and for operating in this form of offering products and/or services, especially that he has registered the activity of a store for online sale, that is, that he has acquired all permits required for performing this type of activity and that he has all the necessary permits and rights to operate in all countries, in which he will offer the online purchase of products and/or services;
  • that the data provided in the Form for creating a Qwilink account is accurate, complete, up-to-date at all time; and that he is the only one who is operating with and has direct access to the contact e-mail;
  • that the Form for creating the Qwilink account was filed in good faith for legitimate purposes and that it does not interfere in any rights of third persons;
  • that he introduces content and sets-up websites and online sales and/or marketing and thereby does not break any third party rights or valid regulations and respects the ban for discrimination according to race, sex, language, religion, politics, sexual orientation or any other personal circumstance;
  • not to set-up websites or online sales and/or marketing in bad faith or for illegal activity;
  • that websites and contents in Qwilink are not in conflict with the law, public order and morals, and that they do not interfere with constitutional or legal rights of third persons, including the rights to intellectual property;

The Retailer assumes all responsibility for the handling of every person he authorises via Qwilink to manage (Administrator) and/or create content (Editor).

The Retailer is fully responsible for regularly paying his tax obligations arising from operating via Qwilink.

If the Retailer does not respect the liabilities, statements, insurances, and guaranties from this article then Acenta – at their own initiative – has the right to permanently stop the use of Qwilink for the Retailer.

 

Article 28

 

The Retailer is obligated not to overload Acenta’s servers and to respect the space limitation (Gb) and traffic limitation (“bandwidth kb/s”), which Acenta will allocate to the Retailer for using Qwilink. In the event of excessive use of space and/or traffic Acenta can restrict this type of use for the Retailer and charge extra for additional storage space and/or traffic in accordance with the Acenta’s respective Price list.

Prior to the implementation of one of the measures from the previous paragraph Acenta will warn the Retailer in writing that he has exceeded the allocated space and/or traffic, and familiarize him with the costs that will be charged if he wishes that Qwilink works without failure within his account. If the Retailer does not agree with the calculation of additional costs for exceeding space and/or traffic for an individual calculating period, Acenta can restrict the upper levels on the Acenta server for the Retailer’s websites in the Qwilink system without any prior notice. This can slow down and/or cause interruptions and or power failures of Qwilink in the Retailer’s account. The Retailer is solely and exclusively responsible for the above-mentioned slowed functioning and/or operation with interruptions and power failures.

 

 

Article 29

 

The Retailer is obligated to protect all data he has acquired during the implementation of activities according to the GT and that pertain to Acenta as a business secret and see that none of the information, documents or any other documentation will fall in the hands of unauthorised persons. The Retailer has the duty to protect the business secret for an unlimited time-period – even after the cessation of the relationship according to the GT.

The Retailer will not implicate Acenta, their owners, legal or authorised representatives, employees, colleagues, partners and agents into any compensation or other legal proceedings due to indirect or direct damages that occurred to the User, Buyer or third person as a consequence of a disagreement, use or incorrect use of Qwilink, transaction or agreement with any of the above stated persons. Otherwise the Retailer is obliged to cover all Acenta’s court costs and fees of legal representatives.

If the Retailer acts in contradiction to the provisions of this article he is held liable by Acenta for damages relating to this matter.

 


XI. TERMINATION OF MUTUAL RELATIONSHIPS BETWEEN THE USER AND ACENTA

 

Article 30

 

At any time the Retailer can terminate the use of Qwilink by sending a written statement to Acenta. Prior to issuing the mentioned statement the Retailer must settle all costs with Acenta pertaining to the Retailer’s use of Qwilink.

Acenta terminates the Retailer’s possibility to use Qwilink within one work day after receiving the written statement mentioned in the previous paragraph.

Provisions from the previos two paragraphs are to be rationally used also for the Authorised user.

In cases from the previous three paragraphs the relationships between the User and Acenta automatically cease to be valid on the day Acenta permanently stops the User’s ability to use Qwilink.

 

Article 31

 

In the following cases Acenta can permanently stop the User from utilising Qwilink without any prior written notice, without a notice period and without any special explanation:

  • due to death, loss of legal capacity or cessation of the User;
  • if the User does not comply with the GT;
  • if the User does not operate fairly;
  • if it has been determined that the User abused the system, and
  • in other cases when this is necessary due to safety and protection of Qwilink.

If Acenta – in accordance with the previous paragraph – permanently terminates the use of Qwilink for the Retailer, simultaneously the use of Qwilink for all Authorised users given power by the Retailer is also automatically and permanently terminated.

On the day of the permanent termination of using Qwilink the User’s access to Qwilink is also disabled and blocked.

 

Article 32

 

Acenta may terminate Qwilink in writing:

  • without listing reasons for the termination and with a notice period of 6 months, if this termination is an intern business decision before the expiration of the User’s first year using Qwilink;
  • without listing reasons for the termination with a notice period of 3 months, if this termination is an intern business decision after the expiration of the User’s first year using Qwilink;

The notice period starts one day after the written termination is presented to the counterparty. During the notice period Acenta is obligated to provide proper functioning of services to the User.

 

Article 33

 

Before the termination of the relationship between the Retailer and Acenta:

  • the Retailer must settle all obligations towards Acenta, which are due up until the date of the termination; The provision from Paragraph 2 of Article 17 of this contract is also considered under these obligations; and
  • the User has to complete or cancel all orders which have not yet been carried out in a manner that all orders are closed in the Retailer’s online store within Qwilink. Otherwise Acenta will make this cancelation while also blocking access to Qwilink. In case of such cancellation, Acenta is not obligated to inform the User nor the Buyer whose orders have been cancelled.

Prior to the termination of the relationship between the User and Acenta, the latter will export the following data from the websites made in Qwilink on the Retailer’s request and for the needs of his future operations:

  • a product catalogue (articles, trademarks, categories, technical specifications);
  • content of the website;
  • photographs;
  • orders;
  • a list of registered users;
  • content of subsidiary sites.

Regardless of the provision from the previous sentence Acenta will not export data from websites made in Qwilink for the Retailer if it was not entered by the Retailer, the Authorised user or the Buyers.

 

 

XII. CHANGES TO GENERAL TERMS AND CONDITIONS

 

Article 34

 

In the event of changes to the regulations organising the operation of websites, online stores, social media, business programs, data protection and other areas connected to the operation of Qwilink, and in the case of changes to their own business ethics regarding the operation of Qwilink, Acenta can change and/or complete the GT – whereby the company will respectively inform the User on these changes in a reasonable manner. Informing via Qwilink’s website or the e-mail address listed in the Form, via notices on the dashboard within the admin interface are all seen as a reasonable manner mentioned in the previous sentence. Respective changes and/or modifications to the GT come into force and use with the expiry of the eight day period from the day the changes and/or modification have been published on the homepage. If the change and/or modification to the GT is necessary for coordination with regulation, these changes and/or modifications can exceptionally come into force and use in a shorter time period.

The User who does not agree with the changes and/or modifications to the GT, has to terminate the use of Qwilink within eight days from the day the notice on the change and/or modification to the GT has been published. Otherwise it is considered that the User accepts these changes and/or modifications to the GT after the expiry of this deadline – and any contradictory evidence is not admissible.

Acenta will on a regular basis also inform the User via notices on the Qwilink website on other news about the operation with Qwilink.

 

 

XIII. PRELIMINARY AND FINAL PROVISIONS

 

Article 35

 

Acenta enables full functionality and normal operation of Qwilink only for individual COMPLETE versions of the web service, and not for BETA versions. Acenta publishes whether an individual version available to the Users is COMPLETE or BETA on the Qwilink homepage.

Until an individual Qwilink version is in BETA mode the User can use it exclusively at his own risk and any liability of Acenta for normal operation of Qwilink is excluded; Acenta’s responsibility is especially excluded for:

  • complete operation of every individual functionality and/or several functionalities in mutual relationships;
  • stable operation of Qwilink;
  • program/system failures and bugs;
  • not abiding by the rules on mutually informing and providing notices.

 

Article 36

 

Slovenian Substantial and Procedural Law is valid and to be used for the GT and all disputes between Acenta and the User, whereby Rules of International Private Law that would discourage the use of any other law are not used.

All mutual communication between Acenta and the User is made in the language the GT are written or in English.

Acenta and the User will consensually resolve all disputes arising from mutual relationships according to the GT. If a consensual solution of the dispute will not be reached the court having territorial jurisdiction and jurisdiction related to the subject matter is responsible for resolving all disputes between Acenta and the User.

As participants in electronic operation Acenta and the User mutually acknowledge the validity of e-mails in a court of law.

The provisions of the Code of Obligation, the Electronic Communications Act, the Personal Data Protection Act and the Consumer Protection Act are reasonably used for all relationships, rights and obligations that are not regulated by the GT.

 

 

Article 37

 

The GT come into force and use with the expiry of the eight days appointed from the day they were published on homepage. The GT are available to anyone interested in electronic form at the following website: http://www.Qwilink.com/pogoji-poslovanja.

The GT were adopted in Radovljica, Slovenia, on January 1st 2016 by the Director of Acenta d.o.o., Kranjska cesta 4, Radovljica, Slovenia.

 

Last change to GT: July 11th 2016