Terms and Conditions of Use of the graphicplace.net Website
Welcome to the graphicplace.net website. Following are the terms and conditions that govern your use of this website.
By registering on the website graphicplace.net or using the Service, the Client acknowledges that he/she/it has read, understood and agreed to the entirety of these Terms of Service. We strongly advises the Client to print and/or save a copy of the Terms of Service.
These Terms of Service may be amended from time to time. It is the Client’s responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. The Client agrees that the continued use of the Service after such changes to the Terms of Services have been published will constitute the Client’s acceptance of such revised terms.
In this Agreement, words or phrases beginning with a capital letter shall have the following meanings:
“Account” means the account of the Client after entering into the Agreement, which enables the Client to use the Service.
“Client” means the individual or legal entity, professional only, with whom GRAPHICPLACE TEAM entered this Agreement and whose name and address appear on the Account. The Client and GRAPHICPLACE TEAM are hereinafter collectively referred to as the “Parties” or individually as a “Party”.
“GRAPHICPLACE products ” means the GRAPHICPLACE software, as well as any related applications, developed and published by GRAPHICPLACE TEAM.
“Personal Data” means any information relating to a natural person who is or can be identified, directly or indirectly.
“Content” means any data, whether personal or not, contained in the information processed through GRAPHICPLACE by the User Processed Email sent by the Client to the Inbox(es) and processed through the GRAPHICPLACE products. “Documentation” means all documents that may be viewed, printed, sent and/or downloaded in electronic form from the website graphicplace.net and the blog graphicplace.net/blog, describing the functionalities of the Service and the GRAPHICPLACE products.
“Service” means the grant of access to the GRAPHICPLACE products by GRAPHICPLACE TEAM and the use of the GRAPHICPLACE products in SaaS mode by the Client, whether through the website graphicplace.net, under the terms and conditions set out in the Agreement.
“Membership Level” means the fee-based plan subscribed by the Client for a fixed monthly or an annual period, which appears on the Account (and then possibly modified by the Client). The Service is provided through separate offers, which functionalities are described on the website graphicplace.net, or through specific tailored offer (s).
PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to set out the conditions under which GRAPHICPLACE TEAM provides the Service to the Client, who accepts it, a nonexclusive and nontransferable right to use the GRAPHICPLACE products. In exchange, the Client agrees to pay the contractual fee and to comply with all requirements set out in the Terms of Service.
SERVICE DESCRIPTION, ACCESS AND AVAILABILITY
3.1. Description of the Service
GRAPHICPLACE Service is a world-class collection of pre-designed flyer templates that allows users to create high quality flyer designs.
The Service does not include any storage service. The Client understands that he/she/it has the sole responsibility to ensure by all means available that all data contained in Product are saved and registered. GRAPHICPLACE TEAM excludes any liability in the event of a loss of User Data.
The Client accesses the Service through his/her/its own and personal Account. The Client’s Account may only be used by one person, a single Account shared by multiple people is not permitted. The Client bears all liability as to the access and the use of the Account. The Account requires the Client to provide his/her/its legal full name, a valid email address, and any other information requested in order to complete the registration process.
3.3. Availability and support
The Service is available to the Client 24 hours a day, 7 days a week during the term of the Agreement and within the limits set out in the Agreement. Support for the Services is only available in English, via email (email@example.com). Various questions and concerns of the Client may find a quick answer by visiting https://www.graphicplace.net/pro/
EMAIL DATA AND EMAIL CONTACTS
4.1. User Data
All data you input into the Product, including info on your Clients will not be freely given to anyone. We do not, under any circumstances, sell either your Email Data or your Email Contacts’ Personal Data. Only authorized employees have access to view User Data.
If someone originating from your account holder or someone contacted via GRAPHICPLACE at the User’s discretion playing role of “Client” complains or contacts us, we might then contact that person.
4.2. Information Collection and Use by Us
4.3. Data Collected for and by our Users
As you use the Service, you may import into our system Personal Data of yourself or that of other individuals. We have no direct relationship with the third parties added to the Product or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals.
PRICING, INVOICING AND PENALTIES
A specific pricing applies to any monthly or annual subscription plan, which are detailed under the Pro Subscription price. The pricing is exclusively in the expressed currency. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all such taxes, levies, or duties in its jurisdiction.
For any upgrade or downgrade of the Pro Subscription Level, the new price will apply as of the day following the date of the change in the Pro Subscription Level. The billing cycle remains unchanged and the invoicing will include the details as to the pro data. In the event of an amendment of the Client’s Membership Level or a change from the Membership Level to a free Account, the Client shall not be entitled to a refund. Further details on how changes and cancellations of Membership Level are handled can be found here: https://graphicplace.net/refund-policy
5.2. Payment and Invoicing
All Pro Subscription Level must be paid, through GRAPHICPLACE TEAM payment service providers 2checout.com, for in full using a credit card, exclusively with one of the following credit cards: Visa, Mastercard, Discover, American Express or payment service PayPal. The Client must enter valid credit card information.
The Service is billed in advance on a monthly or annual basis, irrespective of the use of the Service made by the Client. The amount already paid is neither fully or partially refundable. The lack of use or the temporary discontinuance of the Service during the duration of the Membership Level shall not have the effect of extending the duration of the Agreement or the Service, nor qualify for a refund or any compensation whatsoever. GRAPHICPLACE TEAM will provide no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
GRAPHICPLACE TEAM shall automatically send the Client an email receipt for each payment.
In the event of lack of payment on the due date, the features of the Product available due to a typically scheduled payment will be temporarily suspended until proper payment is made, at the Service’s discretion.
MODIFICATION OF SERVICE AND PRICING
GRAPHICPLACE TEAM reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time.
Prices of all Services, for the monthly or annual subscription plan to the Service, are subject to changes at any time. Such notice may be provided at any time by posting the changes on the website graphicplace.net or the Service itself. Such changes shall not apply for the ongoing Membership Levels and shall only apply for the Pro Subscription Level entered after the modification of pricing.
The Agreement will be effective after the creation of an Account by the Client, and will remain in effect until its termination by either Party. The minimal duration of the Agreement is one (1) month as from the date of the subscription of a monthly Pro Subscription Level and one (1) year as from the date of the subscription of an annual Pro Subscription Level.
GRANTING AND UNDERTAKING OF SURESWIFT CAPITAL
GRAPHICPLACE TEAM undertakes to use all reasonable and human resources to provide the Service, subject to (i) the full payment by the Client of the contractual fees and (ii) interruptions, suspension or discontinuance of all or any portion of the Service due to maintenance, service disruption or failure external to GRAPHICPLACE TEAM. For maintenance operations, GRAPHICPLACE TEAM will endeavor to inform the Client in advance by email or via the website graphicplace.net. The temporary interruptions of the Service, of any kind, will under no circumstances give rise to indemnification of any kind to the Client’s benefit. Any service not expressly provided for in the Agreement, such as training, support, etc., shall be subject to a separate agreement, based on a quotation established according to GRAPHICPLACE team’s applicable rates.
GRANTINGS AND UNDERTAKINGS OF THE CLIENT
The Client, who enters into the Agreement on behalf of a company or other legal entity, grants that he/she/it has the authority to bind such entity and its affiliates. The Client grants to be a natural or a legal entity, acting as a professional, excluding any robots. Accounts registered by “bots” or other automated methods are not permitted.
The Client undertakes to :
acquire the necessary hardware and software, and to subscribe to telecommunications services (internet access) required to remotely use the Service. The costs for such equipment and for Internet access services are exclusively borne by the Client;
ensure that the Client is trained to use the Service and Internetbased technologies;
maintain the security of the Account and the related password;
accurately transmit, under his/her/its sole responsibility, all information required for the performance of the Agreement and warrants the accuracy of such information. The Client hence commits to report any change to these information;
pay the contractual fees under the conditions set out in the Agreement;
respect GRAPHICPLACE TEAM’s intellectual property rights;
refrain from using the Service in conditions that may impair the functioning or safety of the Service;
refrain from modifying, adapting or hacking the Service or modify another website so as to falsely imply that it is associated with the Service, or with GRAPHICPLACE TEAM ;
refrain from reproducing, duplicating, copying, selling, reselling or exploiting any portion of the Service, use of the Service, or access to the Service without the written permission by GRAPHICPLACE TEAM;
Accordingly, the Client is responsible for any damages such data could cause to GRAPHICPLACE TEAM, to a third party, to the Service and will hold GRAPHICPLACE TEAM harmless against any claims that may be brought against GRAPHICPLACE TEAM by a third party because of such data and, more generally, the Client’s use of the Service. While the Agreement prohibits such conduct and Content on the Service, the Client understands and agrees that GRAPHICPLACE TEAM cannot be held responsible for the Processed Emails and Content submitted to the Service. The Client, therefore, agrees to use the Service at his/her/its own risk.
GRAPHICPLACE TEAM may remove any User Data information that GRAPHICPLACE TEAM considers in its sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any Party’s intellectual property right(s) or the Agreement.
The Service is provided on an “as is” basis and “as available” basis. The Service shall not substitute any other function in the Client’s organization. The information given by GRAPHICPLACE TEAM is provided solely for the use of the Service but not for the Client’s organization. GRAPHICPLACE TEAM has an obligation of means and does not provide any implicit or explicit warranty as to the use of the Service.
The use of the Service is provided at the Client’s sole risk. The Client understands that the technical processing and transmission of the Service including all content given by and received by Users 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.
GRAPHICPLACE TEAM does not warrant that (i) the Service will meet the specific requirements of the Client, (ii) the Service will be uninterrupted, timely, secure, or errorfree, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information, or other material obtained by the Client through the Service will meet the Client’s expectations, and (v) any errors in the Service will be corrected.
The Content is kept by GRAPHICPLACE TEAM to the extent that it allows performance of the Service, which includes long-term data storage. It is additionally the Client’s responsibility to ensure the storage and registration of all of his/her/its data. GRAPHICPLACE TEAM shall not be held responsible for any loss of User Data.
GRAPHICPLACE TEAM excludes any liability for the suspension of the Account.
The Client understands that GRAPHICPLACE TEAM uses third party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the Service.
The Clients also understands that, while the GRAPHICPLACE products offers tools to easily set up a connection with such systems, External APIs are published and maintained by an independent provider external to GRAPHICPLACE TEAM. The Client is therefore solely liable as to the transfer, the download or any use of User Data to or through an External API, excluding any liability of GRAPHICPLACE TEAM. The Client is aware that he/she/it may have to enter into a specific and separate agreement as to the use of the External API.
GRAPHICPLACE TEAM excludes any liability in the events of:
a downgrading of the Service;
loss of User Data, features, or capacity of the Client’s Account;
a modification, price change, suspension or discontinuance of the Service;
a loss or damage from Client’s failure to comply with the Client’s undertakings, including his/her/its security obligation;
The Client expressly understands and agrees that GRAPHICPLACE TEAM 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 (even if GRAPHICPLACE TEAM has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any services purchased through or from the Service; (iii) unauthorized access to or alteration of the Processed Emails, Content or Parsed Content; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
In any case, the overall liability of GRAPHICPLACE TEAM is strictly limited to the overall fees paid by the Client for the ongoing Subscribed Plan.
TERMINATION FOR BREACH
Breach(es) of any of the terms and conditions of the Agreement by the Client may result in the termination of the Agreement and the closing of the Client’s Account. Should the Client fail to remedy the said breach within seven (7) days from the suspension of his/her/its access to the Service, GRAPHICPLACE TEAM shall be fully entitled to terminate the Agreement with immediate effect and without prior notice. From the termination date, the Client will no longer be able to use the Service. The Client’s User Data relating to the Client’s Account will be deleted without the Client being entitled to any compensation. The Client shall be solely responsible for the consequences of the termination of the Agreement, in particular in terms of continuity of its internal management and commercial activities.
No amount received in advance by GRAPHICPLACE TEAM for the Membership Level will be refunded and the Client shall not be entitled to any compensation whatsoever.
Suspension of the Service and/or termination of this Agreement shall not prevent or otherwise impede the claim(s) GRAPHICPLACE TEAM may present as a result of the Client’s breach(es).
INTELLECTUAL PROPERTY RIGHTS
12.1. GRAPHICPLACE TEAM ownership and undertakings
All intellectual property rights on the GRAPHICPLACE products and all content available on the website graphicplace.net remain the sole property of GRAPHICPLACE TEAM. GRAPHICPLACE TEAM warrants that it has developed the GRAPHICPLACE products and owns the intellectual property rights to the GRAPHICPLACE products and all elements used to provide the Service.
GRAPHICPLACE TEAM undertakes not to claim any ownership on the User Data and Content processed through the Service, which remain the sole property of the Client.
12.2. The Client’s ownership and undertakings
The Client remains the owner of all Data and Content processed under the Agreement.
The Clients undertakes to refrain from any act or behavior that may directly or indirectly affect the intellectual property rights owned by GRAPHICPLACE TEAM, such as but not limited to, the intellectual property rights owned on the GRAPHICPLACE products, the related trademark and logo used by GRAPHICPLACE TEAM.
The Client grants GRAPHICPLACE TEAM against any claim, demand, suit or proceedings made or brought against GRAPHICPLACE TEAM by a third party alleging that the Content, the use of the Service in violation of the Agreement, infringes, misappropriates the intellectual property rights of a third party or violates applicable law and regulation. The Client undertakes to indemnify GRAPHICPLACE TEAM for any damages awarded against, and for reasonable legal fees (including attorney’s fees) incurred by GRAPHICPLACE TEAM in connection with any such claim, demand, suit or proceedings, provided that GRAPHICPLACE TEAM(i) promptly informs the Client in writing of the claim, demand, suit or proceeding, (ii) gives the Client the sole control of the defense and settlement of the claim, demand, suit or proceedings (such settlement may be entered to the extend that said settlement releases unconditionally GRAPHICPLACE TEAM of its liability) and (iii) provides the Client with all reasonable assistance. All fees incurred will be borne exclusively by the Client.
The Client is considered the data controller within the meaning of the Act n°7817 of 6 January 1978 on information technology as well as European Union’s 2018 General Data Protection Regulation, data files and civil liberties, in regards to all User Data provided within the framework of the Agreements. The Client, therefore, undertakes expressly to comply with all applicable data protection regulations and to carry out any necessary formalities.
GRAPHICPLACE TEAM and the Client undertake to keep confidential all information and documents concerning each Party, of any nature whatsoever, to which the relevant Party may have referred to, or provided, during the performance of the Agreement. The above shall not prevent GRAPHICPLACE TEAM to mention its commercial relationship with the Client, as provided below.
GRAPHICPLACE TEAM uses all technical means which may be reasonably used for the performance of the Service. GRAPHICPLACE TEAM shall therefore not be held liable in the event that the Service is not available in the case of force majeure, including but not limited to, network failure, strike, natural disaster, earthquake, public telecommunication network failure, failure of Internet connection due to private or public agents to which GRAPHICPLACE TEAM relies upon.
The Client waives any right to indemnity of any nature whatsoever in the event of force majeure and GRAPHICPLACE TEAM shall not be held liable for any cost incurred due to the impossibility to use the Service.
At any time and at its own discretion, GRAPHICPLACE TEAM reserves the right to assign, subcontract, transfer and / or provide all or part of the rights and obligations subject of the Agreement to a third party in any form whatsoever.
This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof. It supersedes all prior negotiations, contracts, and undertakings between the Parties with respect to such matter.
The fact that one of the Parties did not request the application of any provision of this Agreement shall in no event be deemed or interpreted as a waiver of the right that Party has under this provision.
The Client allows GRAPHICPLACE TEAM to mention its company name or name and the Service provided for commercial purpose only.