Terms of Service
Terms of Service
Terms of Service
The Visual Link IT service belongs to us. You are not allowed to rip it off or use it for any sketchy or illegal purpose.
If a dispute arises the issue will be dealt with in the State of NSW.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
Terms of Service
Last updated on September 10, 2016
By signing up for the Visual Link IT service (“Service”) or any of the services of Visual Link IT. (“Visual Link IT”) You agree to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Visual Link IT under the Terms of Service include various products and services to help you create and manage a retail store and other Management and Production Environments, whether an online store and or Dashboard (“Online Services”), a physical retail store (“POS Services”), or both. Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at http://www.visuallinkit.com/special-conditions. Visual Link IT reserves the right to update and change the Terms of Service by posting updates and modifications to the Visual Link IT website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using the Visual Link IT or any Visual Link IT services, you agree to these terms. Be sure to occasionally check back for updates.
1. Account Terms
1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
2. To access and use the Services, you must register for a Visual Link IT account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Visual Link IT may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
3. You acknowledge that Visual Link IT will use the email address you provide as the primary method for communication.
4. You are responsible for keeping your password secure. Visual Link IT cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
5. You are responsible for all activity and content such as data, graphics, photos and links that are uploaded under your Visual Link IT Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
6. A breach or violation of any term of the Terms of Service as determined in the sole discretion of Visual Link IT will result in an immediate termination of your services.
Don’t use Visual Link IT for anything illegal or transmit any harmful code. Remember that with any violation of these terms; we will cancel your service.
If we need to reach you, we will send you an email.
2. Account Activation
2.1 Visual Link IT Account
1. Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for our Terms of Service and will be the person who is authorised to use any corresponding account we may provide to the Account Owner in connection with the Service.
2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
2.2 Braintree and/or PayPal Express Checkout and Visual Link IT Payments Accounts
1. Upon completion of sign up for the Service, Visual Link IT may create a Braintree and or Braintree and/or PayPal Express Checkout account on your behalf, using your email address. Depending on your location, Visual Link IT may also create a Visual Link IT Payments account on your behalf.
2. You acknowledge that Braintree and/or PayPal Express Checkout and/or Visual Link IT Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, Braintree and/or PayPal Express Checkout is a Third Party Service, as defined in Section 16 of these Terms of Service.
2.3 Apple Pay for Safari Account
1. Upon completion of sign up for the Service, Visual Link IT may create an Apple Pay for Safari (“Apple Pay”) account on your behalf, using the URL(s) and business name associated with your Account. Depending on your location, Visual Link IT may activate your Apple Pay account on your behalf. Otherwise, you will be required to activate your Apple Pay account within your Account Admin. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third Party Service, as defined in Section 16 of these Terms of Service.
2. If you use an Apple Pay supported payment gateway and your customers have enabled Apple Pay for their device, customers may purchase goods and services from your store using Apple Pay.
3. By using Apple Pay on your store, you agree to be bound by the Apple Pay Platform Web Merchant Terms and Conditions http://www.visuallinkit.com/special-conditions/apple-pay, as Apple may amend them from time to time. If Apple modifies the Apple Pay Platform Web Merchant Terms and Conditions, the amended and restated version will be posted here http://www.visuallinkit.com/special-conditions/apple-pay. Such amendments to the Apple Pay Platform Web Merchant Terms are effective as of the date of posting. Your continued use of Apple Pay on your store after the amended Apple Pay Platform Web Merchant Terms are posted constitutes your agreement to, and acceptance of, the amended Apple Pay Platform Web Merchant Terms. If you do not agree to any changes to the Apple Pay Platform Web Merchant Terms, de-activate your Apple Pay account and do not continue to use Apple Pay for your store.
2.4 Domain Names
1. Upon purchasing a domain name through Visual Link IT, domain registration will be preset to automatically renew each year so long as your Visual Link IT Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
2. This process must be done six months in advance of the deactivation required.
3. If you are using a domain name owned or managed by Visual Link IT Pty Ltd, you will also be responsible for the expense for six months after deactivation required
The person signing up for the Visual Link IT Service is responsible for the account and is bound by these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
We automatically may create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.
Any domain you purchase through us will automatically renew unless you opt out six months in advance.
3. General Conditions
1. Technical support is only provided to paying Account holders and is only available via email.
2. The Terms of Service shall be governed by and interpreted by the laws of the State of NSW and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of NSW with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
3. You acknowledge and agree that Visual Link IT may amend these Terms of Service at any time by posting the relevant amended and restated. Terms of Service on Visual Link IT’s website, available at http://www.visuallinkit.com/special-conditions and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Visual Link IT’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
4. You may not use the Visual Link IT service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the State of NSW. You will comply with all applicable laws, rules and regulations in your use of the Service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Visual Link IT.
6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Visual Link IT or Visual Link IT trademarks and/or variations and misspellings thereof
7. Questions about the Terms of Service should be sent to email@example.com.
8. You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
10. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Visual Link IT’s Terms of Service available in another language, the most current English version of the Terms of Service at http://www.visuallinkit.com/special-conditions will prevail.
The Visual Link IT service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
If a dispute arises the issue will be dealt with in the State of NSW.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. Visual Link IT Rights
1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Visual Link IT customer, Visual Link IT employee, member, or officer will result in immediate Account termination.
5. Visual Link IT does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Visual Link IT employees and contractors may also be Visual Link IT customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, etc.
8. Visual Link IT retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Visual Link IT reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at any time.
In the event of an ownership dispute over a Visual Link IT account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
1. You expressly understand and agree that Visual Link IT shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
2. In no event shall Visual Link IT or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Visual Link IT partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference or your violation of any law or the rights of a third party.
3. Your use of the Service is at your sole risk. The Service is provided on an “as-is” and “as available” basis without any warranty or condition, express, implied or statutory.
4. Visual Link IT does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
5. Visual Link IT does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
6. Visual Link IT does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
6. Waiver and Complete Agreement
The failure of Visual Link IT to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Visual Link IT and govern your use of the Service, superseding any prior agreements between you and Visual Link IT (including, but not limited to, any prior versions of the Terms of Service).
If Visual Link IT chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Visual Link IT don't apply if they conflict with these terms.
7. Intellectual Property and Customer Content
1. We do not claim any intellectual property rights over the material you provide to the Visual Link IT service. All the material you upload remains yours. You can remove your Visual Link IT store at any time by deleting your Account.
2. By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Visual Link IT to display and store your Store and other Management and Production Environments Content; and (c) that Visual Link IT can, at any time, review all the Store and other Management and Production Environments Content submitted by you to its Service.
3. You retain ownership over all Store and other Management and Production Environments Content that you upload to a Visual Link IT store; however, by making your store and other Management and Production Environments public, you agree to allow others to view your Store Content. You are responsible for compliance of Store and other Management and Production Environments Content with any applicable laws or regulations.
4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
5. Visual Link IT shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
Anything you upload remains yours and your responsibility.
8. POS Services
In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the Visual Link IT POS software (“POS Software”), the Visual Link IT POS website, located at http://www.visuallinkit.com/pos, programs, documentation, apps, tools, internet-based services and components, Visual Link IT’s POS hardware (“POS Equipment”) and any updates thereto provided to you by Visual Link IT.
1. Access to and use of the POS Services requires that you have an active and valid Account.
2. If your POS Services are enabled with Visual Link IT Payments, you cannot concurrently use any other payment processing service. The payment gateway used for your POS Services must be the same as that used for your Online Services, if applicable.
3. You can terminate your POS Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed and will pay for, the Services (other than the terminated POS Services).
4. You agree to use the POS Services in accordance with all procedures that may be provided by Visual Link IT from time to time.
5. While the POS Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorised access to or use of data transmitted via the POS Services.
6. POS Equipment is purchased, and not leased. Purchase of the POS Equipment is subject to the POS Equipment Agreement, located at http://www.visuallinkit.com/special-conditions. Upon payment for and acceptance of delivery of the POS Equipment, you will acquire ownership of and title to the hardware components of the POS Equipment, and you will be licensed to access and use all POS Software installed in the POS Equipment (and any updates thereto), on a limited, non-exclusive, revocable, non-sub licensable, non-transferable basis, solely for the purposes of using the POS Services. POS Equipment is subject to our Return Policy, which can be found at http://www.visuallinkit.com/special-conditions. Returns and refunds are not available for physical gift cards purchased from the Visual Link IT Hardware Store.
7. The Fees for POS Services shall be determined based on the number of locations and users using the POS Services. Locations and users are defined by a business address and are used for associating orders with a specific business address. Sites and users are added through the Visual Link IT web administrative console. The number of locations and users using POS Services will also be detected by us and billed accordingly as part of your regular Billing Cycle. In the event of any discrepancy between the number of locations and users added by you through the Visual Link IT web administrative console and the number of locations and users detected by Visual Link IT, the number of locations and users detected by Visual Link IT shall be deemed to be correct.
If you use our POS Services, you must use the same payment processor that you use for Online Services. You can cancel your POS Services at any time and still keep your Online Services active. We take data security very seriously, but we can't guarantee that all transmissions using the POS Equipment are 100% secure. All transactions transmitted using the POS Equipment are at your own risk. Remember that the POS equipment is purchased, not leased. Our POS Equipment return policy applies to all POS equipment, except physical gift cards.
9. Visual Link IT Shipping
If you are located in Australia, you can purchase shipping labels from within your Visual Link IT administrative console (“Visual Link IT Shipping”) for delivery of goods purchased from your Visual Link IT Store. In addition to these Terms of Service, your access to and use of Visual Link IT Shipping is subject to the Visual Link IT Shipping Terms of Service, located at (a) http://www.visuallinkit.com/special-conditions if you are located in the United States. You must be subscribed to the shipping module to be available to do this.
10. Theme Store
1. You may establish the appearance of your Visual Link IT store with a design template from Visual Link IT’s Theme Store (“a Theme”). If you download a Theme, you are licensed to use it for a single store only. You are free to transfer a Theme to a second one of your own stores if you close your first store. You are not permitted to transfer or sell a Theme to any other person’s store on Visual Link IT or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. Visual Link IT gives no assurance that a particular Theme will remain available for additional downloads.
2. You may modify the Theme to suit your store. Visual Link IT may add or modify the footer that refers to Visual Link IT at its discretion. Visual Link IT may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates any person’s intellectual property, even if you received the Theme in that condition. Visual Link IT may modify the Theme to reflect technical changes and updates as required.
3. The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and Visual Link IT may take administrative action such as modifying your store or closing your store.
4. Technical support for a Theme is the responsibility of the designer, and Visual Link IT accepts no responsibility to provide such support. Visual Link IT may be able to help you contact the designer.
5. It is the responsibility of the user, and not Visual Link IT, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
You can purchase our Themes to use for one store at a time. Feel free to modify our Theme, but respect that the designers own their Themes, so don’t infringe on their rights. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.
11. Visual Link IT Experts
1. Visual Link IT Experts is an online directory of independent third parties ("Experts") that can help you build and operate your Visual Link IT store. Visual Link IT does not employ Experts and is in no way affiliated with Experts.
2. Visual Link IT does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfil a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of Visual Link IT and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
3. Under no circumstances shall Visual Link IT be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and Visual Link IT experts. These limitations shall apply even if Visual Link IT has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
Experts are not employees of Visual Link IT and we are not responsible for them.
12. Product Search
1. Visual Link IT Product Search is an online service available at http://www.visuallinkit.com/special-conditions (the “Product Search Site”) that allows you to list goods available for wholesale purchase by third parties (“Product Search Content”).
2. Visual Link IT does not pre-screen Product Search Content and we may refuse or remove any Product Search Content on the Product Search Site at any time and in our sole discretion. We may, but have no obligation to, review and remove Product Search Content containing content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, counterfeit, pornographic, obscene or otherwise objectionable or in violation of any intellectual property rights or the Terms of Service.
3. You are solely responsible for all of the terms and conditions of any transactions involving the purchase or sale of Product Search Content, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law.
4. The Terms apply to the sale or offering of sale of any Product Search Content, and you agree to comply with the Terms regardless of whether or not the transaction respecting Product Search Content is processed using the Services.
5. Visual Link IT reserves the right, in its sole discretion, to add or increase the Transaction Fees applicable to the sale of any Product Search Content.
6. Under no circumstances shall Visual Link IT be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation damages that result from any transaction involving the Product Search Content or any resulting contractual relationship between yourself and a purchaser. These limitations shall apply even if Visual Link IT has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
The Product Search tool is provided by Visual Link IT “as is” and Visual Link IT is not responsible or liable for any sale arising from your use of the tool. You should have a suitable written agreement in place with any person that purchases goods wholesale from you. These Terms of Service apply to you regardless of whether your wholesale transaction occurs on the Visual Link IT platform. Your Transaction Fees may be higher if you sell wholesale on the Visual Link IT platform.
13. Payment of Fees
1. You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as POS Equipment, shipping, Apps, Themes, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
2. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Visual Link IT will charge applicable Fees to the credit card account that you authorise (“Authorized Card”), and Visual Link IT will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
3. Subscription Fees are paid in advance and will be billed in 30-day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Visual Link IT’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your Visual Link IT administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
4. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonised or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
5. If you are resident in Australia, Taxes may apply to your subscription to or purchase of some or all of Visual Link IT’s products and services, including without limitation, your subscription to or purchase of Visual Link IT’s Online Services, POS Services, POS Equipment, Apps, Themes and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the Australian billing address you provide to us and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from, and after the date, we receive such a certificate.
6. If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of Visual Link IT’s products and services, you must provide us with a statement by email to firstname.lastname@example.org stating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when Visual Link IT’s products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of Visual Link IT’s products and services, which will be billed to your Authorized Card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to email@example.com.
7. Visual Link IT does not provide refunds.
For live payment gateways, a valid credit card is required. You will be billed for your Subscription Fees every 30 days and have 2 weeks to pay. Any Transaction Fees or Additional Fees will be charged to your credit card. If you’re exempt from Canadian or U.S. taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.
14. Cancellation and Termination
1. You may cancel your Account at any time by emailing firstname.lastname@example.org and then following the specific instructions indicated to you in Visual Link IT's response.
2. Upon termination of the Services by either party for any reason:
1. Visual Link IT will cease providing you with the Services and you will no longer be able to access your Account;
2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
3. any outstanding balance owed to Visual Link IT for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
4. your store website will be taken offline.
3. If you purchased a domain name through Visual Link IT, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
4. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
5. We reserve the right to modify or terminate the Visual Link IT Service or your Account for any reason, without notice at any time.
6. Fraud: Without limiting any other remedies, Visual Link IT may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, email email@example.com. Visual Link IT will respond with specific information regarding the cancellation process for your account. Once the cancellation is confirmed, domains purchased through Visual Link IT will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
15. Modifications to the Service and Prices
1. Prices for using the Services are subject to change upon 30 days notice from Visual Link IT. Such notice may be provided at any time by posting the changes to the Visual Link IT Site (Visual Link IT.com) or the administration menu of your Visual Link IT store via an announcement.
2. Visual Link IT reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
3. Visual Link IT shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at any time, without liability.
16. Third Party Services
1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Visual Link IT’s partners or other third parties.
2. Visual Link IT may from time to time recommend, provide you with access to or enable third-party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Visual Link IT App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services, or Visual Link IT’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
3. We do not provide any warranties with respect to Third Party Services. You acknowledge that Visual Link IT has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Visual Link IT’s websites, including the Visual Link IT App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Visual Link IT. Visual Link IT strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Visual Link IT is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
5. Under no circumstances shall Visual Link IT be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Visual Link IT has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
6. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Visual Link IT partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
We are not responsible for third party services so use them at your own risk. If you use any third party services on the Visual Link IT platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.
17. DMCA Notice and Takedown Procedure
Visual Link IT supports the protection of intellectual property and asks Visual Link IT merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Visual Link IT’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise, we restore the material. For more information, see our DMCA Notice and Takedown Procedure
VisualCMS does not perform the functions of a real estate agent, a rental company, or a transport company or a retailer, but it is a technological platform that is limited to linking, through its website, potential tenants with landlords, users with service providers and buyers with sellers.
VisualCMS does not exercise any control over the essential modalities of the transactions or the values of the said services.
The European Directive on electronic commerce generally applies to VisualCMS operations, and no Member State can restrict the free circulation of the services of that society.
VisualCMS follows most of the laws that apply to collaborative economy platforms, and in how those laws help create opportunities for consumers.
VisualCMS will continue to work with everyone to put citizens at the centre of sustainable tourism, service supplies, and free price competition for services, real estate, transport, and new and used products, in between others in the 21st century.
VisualCMS charges a fee (This fee may be a flat fee or percentage fee on the advertising or service cost to the entity operating the platform and or to its users) this amount may change from time to time.
Visual Link IT respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send Visual Link IT a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.