Storelics service (“Storelics“ or the “Service”), owned and operated by Storelics Pvt. Ltd., 14th floor,dilkusha forum ,Tariq road , Karachi is provided to you under the terms and conditions of this Storelics Merchant Agreement, and any amendments thereto and any operating rules or policies (collectively, the “SMA” or “Agreement”). Storelics Pvt Ltd. reserves the right, in its sole discretion, to change, modify, add or remove all or part of the SMA at any time. Merchant will receive notice of such changes and/or modifications.
In order to accept the terms and conditions of the SMA merchant warrents that he or she is 18 years or older and agrees to provide full legal name, current address, a valid email address, and any other information needed in order to complete the signup process and agrees to maintain and update this information to keep it true, accurate, current and complete. If any information provided by Merchant is untrue, inaccurate, not current or incomplete, Storelics has the right to terminate Merchant’s account and refuse any and all current or future use of the Service.
STATEMENT OF WORK AND CONTRACT
1. SERVICES RENDERED
1.1 WEBSITE AND MOBILE APP
Storelics platform has pre-designed web and mobile templates, and web templates have a flexible layout that adapt to the capabilities of many devices and screen sizes. Basic template design cannot be changed in the package offered. The website and mobile app will have client’s logo. Orders placed by client’s customers will be notified to client via email and will appear in the Storelics Dashboard. It is the responsibility of the client to install an appropriate system or mobile device for email notification if necessary. SMS notification service will be provided on demand and service charges will apply. Website and mobile apps are offered as SaaS (Software as a Service). Client will not have the proprietorship of the website or mobile app and code will not be provided to the client.
1.2 HOSTING AND DOMAIN
Storelics is an all-inclusive hosted service. Client will not need a separate budget for a hosting plan. Storelics will also provide the client with a sub domain on storelics.com (e.g., yourbusinessname.storelics.com). Client will not need to purchase a separate domain unless they would like to serve the website from their own domain.
1.3 PRODUCTS AND SERVICES
Storelics platform is for halal products only. Use of this platform for selling prohibited items will lead to termination of contract. Client is liable for products sold on Storelics platform and is responsible for verification of customer, orders placed and delivering the products to the customer within the stated time as per client’s policy.
1.4 CONTENT WRITING
Content writing is not included in this contract. Client is responsible for providing all text content for the product including its description and promotion texts.
1.5 PRODUCT PHOTOGRAPHS
For initial setup client will need to provide at least 2 different image files for each product in size of 1920 x 1280 pixels in jpeg or png format. If client chooses to buy stock photographs, Storelics can suggest stock libraries and style of photography/images. Cost of buying stock photographs or a photo shoot is not included in this contract.
The images provided/uploaded on Storelics platform should be Sharia compliant i.e., not include any human, animal, cartoon images etc.
1.6 BACKEND TRAINING SESSIONS
Storelics will provide 6 hours free backend training sessions divided over a period of 2 days at client premises if
the client is located in Karachi, Pakistan or online in case of other cities.
If additional training sessions are required for a new person by client, Storelics will charge Rs.1500/- per session in Karachi, Pakistan or online.
Storelics will provide trouble-shooting and bug fixes for any reported issues in the system by remote support at no
Storelics support team will visit client’s premesis only if deemed necessary by the support team in Karachi, Pakistan.
Any visits outside Karachi will need to be paid for by the client.
Visits to client’s premesis on client's request will be charged at Rs. 500 per visit.
Storelics will monitor iOS updates by Apple, Android updates by Google and proactively fix any issues at no additional cost to the Client.
Storelics does not offer support for faults in merchant’s hardware, take orders for the client, customer verification and order authenticity.
Technology upgrades included in our roadmap such as push notifications, digital coupons etc., will be provided at no
additional cost upon release of these features.
Any feature requiring a transactional/operational cost such as SMS integration, payment gateway integration etc., will be optional for the client once offered by Storelics at an additional cost.
1.9 CHANGES AND REVISIONS
Storelics backend is easy to use. Client will be provided with an admin to make changes and revisions. After the
initial setup, client is expected to perform any required changes and revisions to the product themselves using the
Storelics will not manage changes and revisions to the clients products unless client has purchased the optional website management package
This contract does not include SEO for the website.
1.11 MARKETING MATERIAL AND CAMPAIGN
Storelics does not offer or sponsor marketing plans and campaigns on behalf of merchants at this stage but will provide with support and advice regarding execution of marketing campaigns for the client’s website and mobile apps on Storelics platform.
1.12 BUGS AND ISSUES
Storelics does its level best to test the software before production release.
However, Storelics does not guarantee that the software is error free. Storelics cannot be liable to the client or any third-party for damages, including lost profits, incidental, consequential or special damages, even if client has advised us of them.
2. PROPERITARY RIGHTS
2.1 SOFTWARE LICENSE
Merchants will be granted a non-exclusive, non-transferable license to use the software in object code form only on a server controlled by Storelics for the sole purpose of creating and maintaining stores on such a server. Merchant is not being granted any right to copy the software. Merchant is not allowed to use web pages or parts of web pages generated by means of the software, other than content that originates from and is proprietary to Merchant, on any server other than the servers controlled by Storelics without Storelics’s express written agreement. Merchant also acknowledges and agrees that the Software is intended for access and use by means of web browsing software, and that Storelics does not commit to support any particular browsing platform. Storelics reserves the right at any time to revise and modify the software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the software, without notice to merchant. If any revision or modification to the software materially changes the merchant’s ability to conduct business, merchant’s sole remedy is to terminate the SMA.
3. MUTUAL COOPERATION
Storelics agrees to use their best effort to fulfill and exceed client’s expectation on the deliverables listed above. Client agrees to aid Storelics in doing so by making available to Storelics needed information pertaining to client’s website and to cooperate with Storelics in expediting the work.
4. CHARGES FOR SERVICES AND UPGRADES
Storelics is a platform with built-in features and functionality. Functionality or feature requests above and beyond those provided at the time of release may be considered out-of-scope or may be offered at additional cost as per the pricing module. Storelics platform will be upgraded frequently with latest features over a period of time and upgrades will be provided to the clients for free unless otherwise specified as a paid upgrade.
5. TERMS OF PAYMENT
5.1 BILLING SCHEDULE AND CLIENT AGREEMENT OT PAY
It is important for Storelics that the client pays their dues on time. Storelics would like to maintain a positive
working relationship and keep the project moving forward and expects the client to follow the below mentioned payment
Free period will start once the website is live in bronze plan and when app is approved by the apple app store in case of silver and gold plans.
Subscription period will start at the end of free period.
Client agrees to pay 50% of initial (1st) invoice upon accepting the business proposal and contract, which will act as a deposit for the project and the remaining 50% at the end of free period. Every invoice after that will be billed in last week of the subscription period and will have 15-day payment terms. In the event payment is not made within 15 days, Storelics reserves the rights to suspend the clients account and the website and mobile app will go offline. Clients account will be active within 24 hours once the outstanding payment is cleared. Client’s mobile app will be re-submitted to the app store and will undergo the normal approval process by Apple.
6. RESPONSIBILITIES OF STORELICS AND CLIENT
6.1 STORELICS'S RESPONSIBILITY FOR RELEASES
Storelics shall obtain licenses, permits or other authorizations to use features or any other property or rights
belonging to third parties obtained by Storelics for use in performing services for the client.
The Storelics platform is normally provided 24 hours a day, 7 days a week. However, Storelics cannot guarantee that the system will remain faultless or without interruption during this time.
Occasionally Storelics will need to perform maintenance or upgrade the system, which may result in interruptions and downtime in the system. Storelics will always strive to notify in advance any planned maintenance. Furthermore the system might include faults or “bugs” which might cause disruptions or faults. Storelics might contact client in an attempt to help with the system, and request information needed to identify and correct the disruption.
6.2 CLIENT’S RESPONSIBILITY FOR RELEASES
Client guarantees that all elements of text, images, or other artwork they provide are either owned by the client good
selves, or that they have permission to use them.
When client’s final payment has cleared, copyright will be automatically assigned as under:
Client shall own the visual elements such as text and images that the Client has provided unless someone else owns them.
6.3 CLIENT’S RESPONSIBILITY FOR ACCURACY
Client shall be responsible for the accuracy, completeness and propriety of information concerning their products and services that they furnish to us verbally or in writing in connection with the performance of this Agreement.
6.4 CLIENT’S RESPONSIBILITY FOR PROTECTION OF CREDENTIALS
It is the Client’s responsibility to ensure that their account number and password, as well as other login details to
the system (“Account Details”) are stored securely, without possible unauthorized access. The Client is under
obligation to ensure that the Account Details remain inaccessible.
Client must either notify Storelics of unauthorized access, or change all Account Details immediately, if there is any reason to suspect unauthorized access or unauthorized knowledge of Account Details.
Storelics will not be responsible for data theft and losses occurred incase of unauthorized access.
7. LIMITATION OF RESPONSIBILITY
Storelics will under no circumstances accept responsibility for indirect losses, such as unverified orders, loss of data or other losses in connection with the use or non-use of the System.
Storelics assumes no responsibility of damage caused by the Client or a third party in the following cases:
(i) the Client – or anyone that the Client’s company is responsible for – has left incorrect or incomplete information on the Dashboard.
(ii) The Client, or their use of the System, has in any way broken the Terms, current laws or guidelines.
(iii) System fault, conflict, communication error, or any other unforeseeable issue at Storelics.
(iv) The recipient's technical settings (firewall, domain, software, etc.) that makes delivery of electronic messages from Storelics platform impossible.
(v) Force majeure, new or updated laws and treaties, regulations, legal enactment, act of war, strike, lockout, boycott, blockade, conflict, communication error or other circumstance that Storelics could not reasonably have foreseen or avoided.
(vi) Other obstacle, hindrance or delay as a result of circumstances outside of Storelics domain.
Storelics and Client acknowledges their responsibility, and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Storelics on behalf of Client or disclosed by Client to Storelics.
9. TERMS AND TERMINATION OF PLANS
9.1 PERIOD OF AGREEMENT AND NOTICE OF TERMINATION
This Agreement shall become effective as the client signs / agrees and shall continue until terminated by Merchant
upon not less than 30 days’ notice in writing given by Merchant after the project has launched.
Client will have opportunities to review Storelics’ work and provide feedback during the pre-launch and testing phase. Client reserves the right to reject, cancel or stop any and all works in process during the pre-launch and testing phase.
The client also reserves the rights to cancel the agreement during the initial free period (if offered by storelics )
However, Client agrees to pay Storelics equivalent of 1 month subscription charges for all costs, expenses and efforts Storelics incurred during prelaunch, testing phase and free period prior to client’s change in instructions. This does not apply to “invite only” prelaunch phase.
The security deposit will be refunded within 7 business days after deduction of charges as mentioned above.
Once the project is live, the subscription will not be cancelled unless there is a termination of contract for a cause as follows.
9.2 TERMINATION FOR CAUSE
Client may terminate the Agreement if Storelics defaults in the performance of any of its material duties and
obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the
default is not reasonably curable within said period of time, unless the Storelics commences cure within said period
of time and diligently proceeds to cure the default.
Storelics has the right to cancel the Contract, and related services, with immediate effect if the Client in any way breaches the Contract and does not confirm to correction within 7 days of notice thereof.
In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent, if the Client materially breaches its obligations to agreed terms or make payment non-pursuant to this Agreement.
9.3 PAYMENT FOR NON-CANCELABLE MATERIAL
Any non-cancelable material, services, etc., Storelics commits to purchase for client’s account, (either specifically or as part of a plan such as sms service and/or any other external services) shall be paid for by the client, in accordance with the provisions of Agreement. Storelics agrees to use their best efforts to minimize such liabilities immediately upon written notification from the Client. Storelics will provide written proof, upon request of the Client, that any such materials and services, are non cancelable.
9.4 MATERIAL UNPAID FOR
If upon termination there exist any material furnished by Storelics or any services performed by Storelics for which the client have not paid Storelics in full, until such time as the client have paid us in full, the client agree not to use any such materials, in whole or in part, or the product of such services.
9.5 TRANSFER OF MATERIAL
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by client to Storelics, Storelics shall transfer, assign and make available to client all property and materials in its possession or control belonging to client. Client agrees to pay for all costs associated with the transfer of materials (if any).
10. GENERAL PROVISITIONS
10.1 REPRESENTATIONS AND WARRANTIES
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.
10.2 ENTIRE AGREEMENT
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
11. ADDITION AND CHANGES
Storelics has the right to occasionally make additions or changes to the Terms of Service. The Client shall be informed of such changes or additions at least a month before implementation. If the Client rejects these proposed changes or additions then they have the right to terminate the Account as per above mentioned terms. If the Client does not explicitly inform Storelics of their opposition of these changes or additions before they are implemented then it is assumed that they accept them.