I. GENERAL PROVISIONS
Expressions in the General Terms and Conditions have the following meaning:
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
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.
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.
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.
Each Qwilink User has to simultaneously fulfil the following conditions:
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.
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.
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:
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.
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:
IV. REGULATION OF MUTUAL RELATIONSHIPS BETWEEN THE USER AND ACENTA
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.
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.
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.
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
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.
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.
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.
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.
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.
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
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:
In accordance with the first and second paragraph of this article Acenta collects, processes, and saves the following information about the Buyer:
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.
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.
VIII. REFERENCE MARK AND SALES PROMOTION
By accepting the GT in the process of creating their Qwilink account the Retailers explicitly agree:
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
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.
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:
X. RETAILER’S RESPONSIBILTY
The Retailer states, ensures, and vouches to Acenta:
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.
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.
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
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.
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:
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.
Acenta may terminate Qwilink in writing:
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.
Before the termination of the relationship between the Retailer and Acenta:
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:
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
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
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:
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.
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