Before beginning to use the services provided by the Neosites Reseller program, you must read and accept the following terms and conditions (T&C) of the service, while also checking occasionally to see any changes that may apply.
I - PRELIMINARY CLARIFICATIONS
The Neosites reseller program allows the distribution of the Neosites Website builder under the Wikta brand. The branded website builder is a tool to build, maintain and host websites and emails with custom domains, intended for sale in the mass public, especially to SMEs and individuals.
II - ACCEPTANCE OF TERMS AND CONDITIONS OF USE OF THE SERVICE PROVIDED BY Neosites
This instrument is a legal agreement between you, the user of our products or any company that you represent, hereinafter "DISTRIBUTOR" and "Neosites" which means Neosites Inc.
DO NOT USE OUR SERVICES, DO NOT REGISTER OR BUY ANY OF OUR PRODUCTS, IF YOU HAVE NOT READ OR AGREED PRIOR TO THE TERMS CONTAINED HEREIN (hereinafter "T & C").
Neosites Inc. provides the services available to the software under the terms Neosites published here and reserves the right to update and change the terms of laws when appropriate.
The translation to provide the Spanish version of the T & C is for
informational purposes only. The Spanish version will prevail and govern your relation with Neosites. If there is any inconsistency between the Spanish version of the T & C and the
translated version, the Spanish version shall prevail.
1. General Terms
All members or users of the software reseller program Neosites accept using its products and services exclusively in the way they were offered on the Web site and agree not to use them for other purposes.
Neosites reserves the right to appeal to common courts to punish any intentional effort to manipulate information or software, willfully damage and or "hack" or compromise the security of the site. In these cases it additionally has the right to initiate legal action designed to compensate for damage to it.
2. Neosites Software License
All software provided by Neosites and intellectual property are protected
by law. Intellectual property belongs to the same Neosites SA
The structure, concepts, patterns, ideas, content and programming code
owned by NEOSITES are protected by law.
As a result of what is stated above, users can not use this software on other servers, nor may copy, modify or intervene in any way,
nor may alienate in any course, nor may, directly or through related parties, or through subsidiaries and / or agents, try to license the Neosites software or system to deliver the same service, their
source code and / or programs that are part of it.
3. Intellectual Property
4. Registered Trademarks
NEOSITIOS, NEORESELLERS Y WIKTA are registered trademarks. These trademarks may not be used in connection with any product or service that does not belong to Neosites or one of its partners, in any manner that could cause confusion among customers, or in any manner that disparages or discredits Neosites.
5. Distributor Registration
You must register in the Neosites reseller system, NEORESELLERS, in order to begin reselling the website builder under the name of Neosites WIKTA. If a distributor wishes to hire any of their services or products, it will agree to provide true and accurate information and also keep this information current. Access to the distributor has the sole responsibility of it and any and all consequences resulting from access to an account of the dealer are the exclusive responsibility of the
6. Use of service and responsibility
The end user's website builder service is solely responsible for the information posted on the service contracted by it, including all text, photos, links and software. Neosites is not responsible for the type of content provided by users on its Web site and it is therefore the sole responsibility of those to comply with local laws, national and international including the provision of all necessary warnings and disclosure. Neosites does not monitor or censor the content posted via the service, and therefore is not and cannot be liable in any way to the information provided, their accuracy, integrity or quality. Notwithstanding the foregoing, Neosites reserves the right to close any account that does not agree with the content rules above.
The REVENDOR and the USER agree and acknowledge that Neosites does not control or supervise or assume responsibility regarding the accuracy of the data published by users on its Web site, or by the use made of such data. Neosites function is limited to providing the service to publish their data and the user therefore does not participate in any way in the use of these.
The USER and DISTRIBUTOR agree and acknowledge that Neosites is not liable in contract or tort, for any loss or damage, direct or indirect, arising from the use of the service provided by Neosites.
7. User conduct
The user undertakes not to use the Service to: a. transmit, deliver or publish material that contains viruses, worms, Trojans, files, code or programs designed to interrupt, limit or destroy the functionality of a software, hardware or any telecommunications equipment. b. transmit, deliver or publish any material that is unlawful, defamatory, vulgar, obscene, pornographic, racist, discriminatory, offensive, libelous or affecting the privacy of individuals; c. transmit, deliver or publish photos, whether their own or of a third party, whose image is obscene, immoral or contrary to public morality. d. transmit or post chain letters, junk mail or spam e. transmit, deliver or publish
material by falsifying his identity f. transmit, deliver or publish material
in violation of the laws of patents, trademarks, customs and intellectual property; g. transmitting,
provide, publish or create a database about others, h. access personal passwords or third-party mail. i. violate any applicable local laws, federal, national or international.
Failure by the USER of any of the above conditions imply immediately removal from the service.
It is the obligation of the Distributor to convey these terms and agreements to the Users.
8. Neoresellers Account, Password and Security
The dealer agrees to: (a) immediately notify Neosites of any unauthorized use of your password or account or any other breach of security, and (b) Make sure to exit you account at the end of each session. Neosites will not be liable for any loss or damage arising as a result of your breach of the provisions described herein.
9. Special warnings for internal use
Recognizing the global nature of the Internet, the dealer understands and complies with all local, state, federal or international law regarding online conduct and acceptable content.
10. The supplier expressly understand and agree that:
a. THE USE OF THE SERVICE IS AT YOUR SOLE RISK;
b. Neosites DOES NOT WARRANT THAT THE SERVICE IS RIGHT FOR YOUR NEEDS;
c. THE SERVICE MAY BE SUSPENDED OR INTERRUPTED;
d. THE SERVICE MAY CONTAIN ERRORS;
e. Neosites WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST OR DAMAGED DATA;
f. ARE SOLELY RESPONSIBLE FOR THE CONTENT OF INFORMATION TRANSMITTED THROUGH THE SERVICE;
g. Neosites RESERVES THE RIGHT TO TERMINATE THE SERVICE.
The distributor agrees to indemnify and hold harmless, free of damage, Neosites, its subsidiaries, affiliates, shareholders, officers, agents, representatives, related parties, and employees from any claim or demand, including reasonable attorneys' fees , made by any third party due to the Content, or arising out of Content you submit, post or transmit through the Service, your use of the Service, your connection to the Service, your violation of the T & C, or your violation of any rights of another .
12. Acceptance of Terms of Sale
Transactions of Neosites and the buyer understood as "client" through NEORESELLERS, are governed exclusively by these T & C, subject to the laws in force in Argentina, taking into particular account the provisions of its Code Civil and trade.
If the customer does not agree with these T & C, you must refrain from any purchase or service on the Website NEORESELLERS.COM. The fact that a customer made %u200B%u200Ba transaction or participated in the site, means that he accepts and recognizes as valid the provisions of Neosites expressed in this instrument.
<b>12 bis. Sobre reintegro de depósitos</b>
El depósito inicial habilita al usuario a comenzar a operar como revendedor, con lo cual no está sujeto a reintegros o devoluciones parciales. Solamente en el caso de que los fondos no hayan sido utilizados en absoluto luego de un año de depositados, es aplicable un reembolso.
Neosites expressly reserves the right to change the values %u200B%u200Bor the products and services without informing their customers. Notwithstanding the foregoing, in cases where there is already a purchase made, it respects the same conditions existing at the time of the transaction.
Promotions issued for a product will be effective as provided and shall be marked and identified as such.
14. Purchase Order
Orders will be initiated by the client on the same Web site www.neoresellers.com by issuing a purchase request made %u200B%u200Bthrough a form specifying the service to be purchased, the payment plan and others.
Upon this purchase order the customer is declaring the process as valid, ie, this means of their own free will to accept a contract with Neosites.
Furthermore, all orders are subject to acceptance by the latter.
15. Payment and Activation
Products purchased through NEORESELLERS are activated after verification of payment thereof. This payment can be made through the customer's credit card, accepted internationally, such as VISA and Mastecard.
The user can freely choose which service to use and charges to your credit card will be made by the full purchase price including taxes.
Neosites services used to process payments with credit cards, are third party services, systems that are responsible to verify, approve or reject the charges depending on the status of the cards of the respective clients.
They incorporate into their processes consisting of key elements of security such as encryption of data traveling over the network with security protocol SSL (Secure Socket Layer), additional data validation (verification code), shops and authentication management information associated with credit cards.
In case any credit card is not enabled or is rejected by the online payment system, the customer will be informed immediately by a Web page designed for that purpose in which they will only be informed of the rejection of the transaction, with no addition of kind.
Neosites through third parties, only receives the approval or rejection of the transaction, under any circumstances without knowing the specifics of the credit card disabled or rejected by their systems.
16. Charges and Billing
Neosites reserves the right to charge every contract that has been accepted by a user, according to published rates at the time they are approved by it.
Through this, the distributor authorizes Neosites to charge in advance their respective credit card fees incurred in relation to the selected or services and your account.
Neosites reserves the right to change its fees at any time. However, it respects all contracts already signed up to their respective maturities, at which time they may set a new price. All prices, including any amendments to be made regarding them, will always be posted via the Web Site NEORESELLERS.COM
Neosites will not cover the reimbursement of funds credited to the Neoresellers account, which have been used to purchase domains or plans made %u200B%u200B30 days after purchase.
18. Changes in Services and Neosites Products
Neosites reserves the right to modify at any time, without notice and at its sole discretion, any information contained on this Site, including also aspects related to stock and conditions, prices, all or any of the products and services offered, or impose limits and prohibitions on any of these. However, it will respect any contract that is signed and paid, offering full service or product you purchased, but expressly reserves the right to modify the service time of renewal of such contracts.
Neosites is constantly innovating and upgrading its services to provide the best possible experience for its resellers and users. For these T & C, you acknowledge and agree that the content and nature of the services provided by Neosites
may vary from time to time without notice.
19. Canceling and NEORESELLERS.COM Account
Neosites reserves the right to cancel accounts, products and services without any reservation or limitation, should the DEALER break this agreement in any way.
In this event, all fees paid in advance will not be returned or refunded and Neosites will not be liable for loss of website content for customers of the distributor. In addition Neosites reserves the right to collect any
unpaid portions when canceling an account.
The uyer shall not incur the violation or infringement of national laws of any country where you buy the product or any other legislation applicable. The buyer is obliged to acquaint themselves with such provisions and such offenses and their consequences, which are not under any circumstances Neosites responsibility.
It is expressly stated that Neosites not be liable to the dealers and their customers, users or third parties for the following events or developments:
a) Power Outages caused by electric utilities;
b) Earthquakes that prevent optimal service;
c) Fire units generated in the dependencies of HOSTING and for reasons not attributable to it;
d) Link cuts provided by international or national Internet providers;
e) Misuse of access accounts;
f) Violations of Hackers to their systems;
g) Delay of the client in the DNS change to activate the service from Neosites;
h) Delay in the transfer of the DNS before Neosites company, if any, and,
i) It shall not be liable for any loss or damage resulting from computer access to the service, and their tools, or for any viruses or similar which may affect a computer via its website or its services. Subject to
this, it is expressly stated that it has virus protection systems, among others.
Any of the events mentioned above can potentially cause some damage to the Neosites software, which is not the responsibility of Neosites. In this event, it will re-install the existing system to the last backup.
j) Any claim caused by the customer to its corresponding distributor.
k) Neosites has no connection whatsoever with the DISTRIBUTOR - USER/CLIENT relation.
The distributors who choose to purchase a domain for its customers through NEORESELLERS should note that a service provided by third parties and domains will be registered according to the legal conditions of others.
22. Other Obligations
a) The dealer shall use good faith and commercially reasonable business practices of the market to sell and distribute Neosites products
b) The distributor recognizes that all customer information hosted on Neosites servers can be accessed by Neosites.
c) The distributor may not modify any information from its customers, without prior request and authorization.
23. Representations and Warranties
Neosites and the Distributor represent and warrants that:
a) everyone has the necessary power and authority to execute, deliver and perform its obligations under this agreement.
b) This Agreement has been duly validated and executed, and is a
binding obligation between the distributor and Neosites.
24. Contract Term and Renewal
The term of this agreement is 2 (two) years from the date of registration of the distributor in the portal www.neoresellers.com and is automatically renewed for successive periods of 1 (one) year.
The distributor may not create, publish, or distribute Neosites advertising, or permit any written / oral / electronic references to Neosites or its service providers, to be used for advertising purposes without the prior written consent of Neosites.
The distributor will be responsible for sales tax, consumption tax, property transfer taxes, customs duties, excise tax, excise duties, income tax and all other taxes and duties, whether international, national , state or local, however designated, which apply or that can be imposed in connection with this agreement, against service delivery in the Distributor/Customer relationship.
In the case that Neosites suspects noncompliance to any of the terms and conditions of this agreement by the distributor:
a) Neosites may suspend / terminate dealer acces to Neoresellers account without notice and without giving reason.
b) The distributor shall be immediately liable for damages caused by the breach of any terms and conditions of this agreement.
Any notice or communication required or desired by the dealer to Neosites, must be made in writing to the post query or retrieval system that Neosites and Neoresellers provide within the platform, unless otherwise indicated.
Queries will be answered within 24 working hours of the date of receipt of the query.
29. Governing Law and Jurisdiction
This instrument and the rules that complement it, constitute a legal agreement between the DISTRIBUTOR and Neosites, which will be applied to the laws of Argentina, the national courts retain jurisdiction of the Federal Capital of Argentina. The use of the Service is expressly prohibited throughout
jurisdictions which can not comply with the conditions set out in this instrument. If the dealer uses the service and content regarding the Neosites reseller program, it means that you have read, understood and
agreed to standards set out above. If you disagree with them, you may opt of the Service.
Entire Agreement. This Agreement constitutes the entire agreement between the distributor and Neosites, which governs your use of the Service, superseding any prior agreements
between you and Neosites.
Waiver and Severability of Terms. The fact that Neosites does not implement or ensure compliance with any right or provision of the TOS shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds that any provision of the Terms of Service is
invalid, the parties agree that the court should endeavor to give the parties' intentions as reflected in the provision. All other provisions remain in full force and effect.
IF ANYONE DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, YOU MUST NOT USE THIS SITE AND THE SERVICES OFFERED BY Neosites.