- Description of Service.
Infinity Computers may make available for purchase, from time to time, a variety of eCommerce packages or solutions, stand-alone eCommerce services, optional add-on eCommerce services and ecommerce software, as published on Infinity Computers website (https://sitebuilder.ug/). The eCommerce Services include, but are not limited to;
- Shopping cart functionality
- eCommerce templates
- Storefront or ecommerce website design
- Support and hosting
- Order and payment processing
- Inventory and product tracking and management
- Website analytical tools.
Infinity Computers reserves the right to amend its eCommerce Services offerings and to add, delete, suspend or modify the terms and conditions of the eCommerce Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.
- Software License and Proprietary Rights.
During the term of this Agreement, Customer will have a limited, revocable, non-transferable and non-exclusive license for Customer to use the eCommerce Services, including but not limited to any software, and related documentation solely for Customer to provide business related services over the internet that are consistent with the terms and conditions of this Agreement as well as any applicable government or international law. Customer agrees that Customer and its agents will not:
(i) sell, lease, transfer, license or sublicense the eCommerce Services;
(ii) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the eCommerce Services in any way for any reason;
(iii) provide, disclose, divulge or make available to, or permit use of the eCommerce Services by any third party;
(iv) copy or reproduce all or any part of the eCommerce Services (except as expressly provided for herein);
(v) interfere, or attempt to interfere, with the eCommerce Services in any way;
(vi) engage in spamming, mail bombing, spoofing or any other fraudulent, illegal or unauthorized use of the eCommerce Services;
(vii) knowingly introduce into or transmit through the eCommerce Services or any other services any virus, worm, trap door, back door, timer, clock, counter or other limiting routine, instruction or design;
(viii) remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the eCommerce Services;
(ix) engage in or allow any action involving the eCommerce Services that is inconsistent with the terms and conditions of this Agreement; or
(x) cause, assist or permit any third party to do any of the foregoing. No right, title or interest of intellectual property or other proprietary rights in and to the eCommerce Services and/or other products, services or software made available under this Agreement is transferred to Customer hereunder.
Infinity Computers, its wholly-owned subsidiaries and affiliates and its Third Party Licensors (as defined below) retain all right, title and interests, including, without limitation, all copyright, trade secret, intellectual property and other proprietary rights in and to the eCommerce Services and/or other products, services or software provided under this Agreement.
- Audit Rights.
If a customer has purchased any Infinity Computers software or has obtained FTP access to the Infinity Computers software or other eCommerce Services, Infinity Computers shall have the right, during the term of this Agreement and for a period of six (6) months thereafter to access your location and files to inspect your or your agent’s use of the eCommerce Services, as well as computers and equipment used in connection therewith. Customer shall cooperate fully with any such audit or inspection. In the event that any audit shows any misuse, violation or breach of the eCommerce Services or this Agreement, Infinity Computers shall be entitled to pursue any remedies available to it under this Agreement or otherwise at law or in equity, and to or suspend, revoke, or terminate eCommerce Services if you are still our customer.
- Availability, Downtime and General Services.
The parties acknowledge that since the Internet is neither owned nor controlled by any one entity, Infinity Computers makes no guarantees that any given user will be able to access the eCommerce Services at any given time. Infinity Computers shall not be liable to Customer for failure of accessibility to the eCommerce Services or any potential or actual losses that Customer may suffer from your inability to access or use the eCommerce Services or your customer’s inability to access any websites that may be supported or hosted by eCommerce Services. Infinity Computers provides all eCommerce Services and any software related to those services to you on an “as is” basis and does not guarantee that the eCommerce Services or any related software has no errors, defects or bugs or will function properly. Customer agrees that Infinity Computers is not responsible in any way for any malfunction or downtime in the eCommerce Services or related software and any damage, injury or lost profits that may arise from such malfunction or downtime. Infinity Computers makes no guarantee that the eCommerce Services that you purchase will operate seamlessly and without error with your own hardware, software or other services (including third party products) that Customer currently uses. Infinity Computers makes no guarantees regarding system uptime, including but not limited to, the uptime for hosting your store(s) on Infinity Computers or third party systems. From time to time, and as may be necessary to maintain such systems and Infinity Computers hardware, Infinity Computers reserves the right to take its servers and other hardware offline for repairs, upgrades or routine maintenance. Customer agrees and understands that Infinity Computers eCommerce Services, including the hosting of a your store, may be dependent on third party services that Infinity Computers cannot control. Customer expressly agrees that the availability of those third party services may impact your eCommerce Services and therefore does not hold Infinity Computers liable for any actions of a third party that may adversely impact your eCommerce Services.
Any uptime calculation or percentage that is provided as a part of the eCommerce Services does not include routine maintenance, unexpected downtime caused by network issues or third party vendors, and occurrences that are outside the control of Infinity Computers. If you purchase eCommerce Design Services, you agree that you take full responsibility for all content suggested or supplied to Infinity Computers for inclusion on web document(s), advertisement(s) or any form of media. Customer is held legally liable for any such supplied content.
- Fees and Payment Terms.
Fees for the eCommerce Services selected by you will be on a pre-paid basis, due and payable at point of sale (meaning at the beginning of the project) and then on a recurring basis, in advance of each billing cycle, throughout the Term of the Agreement, unless another fee or payment structure is mutually agreed to by you and Infinity Computers in writing.
You also agree to pay any and all transaction fees and all other fees designated to be paid in arrears based on the value of goods and services sold through your Website via the eCommerce Services during the previous billing period in the following month, and further in accordance with the invoicing and payment requirements.
- Restrictions on Use.
You agree that you will not exceed the bandwidth or storage space limits applicable to the eCommerce Services purchased, as set forth on our Website. You agree that if you do exceed any such limits or otherwise engage in any such activity, Infinity Computers, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, billing plan adjustment and/or upgrade, assessment of additional fees and/or suspension, and/or termination of your eCommerce Services.
You agree that if your bandwidth and storage space usage adversely affects other customers on our shared eCommerce Services platform, Infinity Computers may adjust your billing plan and/or suspend or terminate your eCommerce Services without liability.
You agree that Infinity Computers will have no liability to you or any of your end users due to any corrective action that Infinity Computers may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action.
6.a Bandwidth Fees.
Bandwidth overages will be incurred for each Gigabyte (GB) of usage over your allotted plan amount.
The fees are applied by the following scale, which is subject to change at Infinity Computers’ sole discretion:
||Unit rate (UGX)
||Unit rate (USD)
|Web and mail hosting
||4GB (1-50 email accounts)
|8GB (50-100 email accounts)
|10GB + ENTRY LEVEL
|We recommend getting a Virtual Private Server (VPS). The prices of VPSs vary depending on the specifications of the RAM, Storage space, Bandwidth etc.
||2GB (1-10 email accounts)
|3GB (10-30 email accounts)
|4GB (30-50 email accounts)
|5GB (50-100 email accounts)
|P.S. – The email accounts vary on usage. Those are the estimates.
Excess bandwidth usage cannot be purchased by you in advance. If you exceed your data transfer limit in the last 24 hours of any given month, Infinity Computers will not charge you additional fees so long as the data transfer overage does not exceed 25GB.
For eCommerce Services, you agree that Infinity Computers may automatically charge your credit card for the bandwidth overage fees. You may opt-out of automatic charges to your credit card by contacting Customer Support at firstname.lastname@example.org. If you opt out of the automatic overage charges, you risk account suspension if you exceed your allotted amount.
- Terms and Conditions of Infinity Computers’ Licensors.
Customer acknowledges and agrees that the eCommerce Services are provided, in some cases, by third party Licensors to Infinity Computers (hereinafter “Third Party Licensors”). For all eCommerce Services that are provided by Third Party Licensors to Infinity Computers, Customer agrees with and shall abide by all Third Party Licensor terms and conditions, if any. Such Third Party Licensor terms and conditions are available upon request (the “Additional Terms and Conditions”). Any Additional Terms and Conditions are in addition to and supplement the terms and conditions provided in this Agreement. Customer acknowledges and agrees that it will be subject to all Additional Terms and Conditions and that all such Additional Terms and Conditions shall be incorporated into this Agreement, to the extent those Additional Terms and Conditions do not conflict with the terms and conditions of this Agreement, as if set forth fully herein. Customer further agrees that it will be subject to all Additional Terms and Conditions where Customer elects to add services to its eCommerce Services package.
- Changes to Infinity Computers Licensors.
Customer acknowledges that Infinity Computers may, at its sole discretion, change any Third Party Licensors that provide services under this Agreement, or add or delete discrete services from the eCommerce Services. In the event that Infinity Computers changes Third Party Licensors, Infinity Computers may provide Customer with notification of changes in Third Party Licensors and refer Customer to information posted on Infinity Computers’s website relative to that change which shall become Additional Terms and Conditions for the purposes of this Agreement.
Refunds for certain eCommerce Services are only provided in limited instances and only within the first 30 days from your purchase of the services.
Such refunds are only permitted where the Customer has taken all actions consistent with this Agreement and has not taken any action that would void the 30-day trial offer.
Refunds will not include a processing fee that all Customers must pay.
- eCommerce SiteBuilder
In conjunction with our partners, Infinity Computers’ eCommerce Services may provide a software program (“Software”) that enables you to build an online store (the “Store”) through which you can sell your products and services online.
Infinity Computers also provides other related services, including hosting of the Store, site design, email services, marketing services, domain name registration, and other such services, that along with the Software, may be offered to you (collectively, the “Sitebuilder.ug services”).
A). The Agreement is effective upon your use of the Software, whereby subject to all of the terms and conditions of this Agreement, Infinity Computers will provide you with a limited license to use the Software. Subject to the terms and conditions of the Agreement, Infinity Computers shall grant to you a nonexclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for Infinity Computers (“Infinity Computers Servers”) through an Infinity Computers website (the “sitebuilder.ug”) solely for the purpose of building, maintaining, and hosting the Store on which you offer products or services.
The Store shall be hosted on our Infinity Computers’ servers or on servers owned by our partners on which several merchants may share the resources and network capacity of those servers.
You authorize Infinity Computers to process any and all of your account transactions initiated through the use of the password and/or passphrase that you establish through registration on the Infinity Computers Site and activation of your sitebuilder.ug Services account and you are solely responsible for maintaining the confidentiality of such password and/or passphrase.
B). Upon activation of your sitebuilder.ug Services account and subject to the payment of applicable fees, Infinity Computers will also provide certain hosting, support and other SiteBuilder.ug services to you during the term of this Agreement.
Subject to payment of applicable fees, Infinity Computers will provide design and customization Services for your Store as provided herein and in accordance with this Agreement and Infinity Computers’ then current customization terms and policies. You shall provide all Content for the Store, such as text, music, sound, photographs, video, graphics, logo data, software, design, and related information in a format and within a time period designated by Infinity Computers.
C). For the SiteBuilder.ug services and software license, Infinity Computers will invoice you and you agree to pay;
(i) all non-refundable recurring subscription and other annual or one-time fees, in advance, for the license of software and SiteBuilder.ug services to be rendered to you by or on behalf of Infinity Computers during the upcoming billing period, and
(ii) all transaction fees and all other fees designated to be paid in arrears based on the value of goods and services sold through your Store during the previous billing period in the following month, and further in accordance with the invoicing and payment requirements. Infinity Computers will debit all fees payable by you to Infinity Computers directly from the credit card or PayPal account designated by you when you register for your sitebuilder.ug Services account in order to receive a license to the software.
D). The license for software and SiteBuilder.ug services may require you to use a 3rd party Payment Solution such as PayPal for your store.
Using this 3rd party as a “Payment Solution” means that you use it exclusively to process online payments from your Store customers.
Other licenses will have the option of using the Payment Solution as you may choose not to use the 3rd party Payment Solutions.
Using this 3rd Party Payment Solution means that you are providing this Payment Solution as a payment option to customers of your Store in conjunction with a third party online payment processing solution.