Terms and Conditions
By signing up with Wahmcart.com , you agree to the following Terms of Service.
This Terms of Service Agreement provides the terms and conditions governing the use of Wahmcart’s services. You agree to use your Wahmcart in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions listed below.
This agreement is between Wahmcart, it’s subscribers and affiliates.
I understand that Wahmcart and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber irrevocably covenants, promises and agrees to indemnify Wahmcart and/or their assigns and to hold Wahmcart. and/or their assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Wahmcart and/or their assigns may sustain or to which Wahmcart and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
PRIVACY STATEMENT
Wahmcart will not rent, sell, access or in anyway use my customer database information. This information will be kept strictly confidential in the highest manner possible.
Due to the nature of the technologies and Internet stability, Wahmcart and/or their assigns provides, service interruptions may occur. No full, partial, or prorate refunds will be made as adjustment for any such service interruption. Subscriber hereby acknowledges that changes in the nature of the services which may be offered under this agreement which are beyond the control of Wahmcart and/or their assigns do not constitute grounds for any full or partial refund of any advance fees paid.
SERVICES
Services to be Provided
We agree to provide you, directly or through our subcontractors and affiliates, with our e-commerce services.
This Agreement and your use of Wahmcart.services shall become effective on the date the order is submitted by you to Wahmcart. This Agreement shall commence on the Effective Date and shall automatically renew each month or 30 days after the Effective Date. The terms and conditions may be amended from time to time, unless and until either party provides the other party with notice of termination (refer to account Cancellation instructions below) at least seven (7) days prior to any Renewal Period.
Wahmcart Services will continue and renew automatically unless terminated by Wahmcart or until you notify Wahmcart of your decision to change your service renewal. For account cancellation contact Wahmcart here.
METHOD OF PAYMENT
You must provide a valid method of payment (credit card or paypal) prior to and during any time you receive Wahmcart Services. The Renewal Fees will be automatically debited from your credit card prior to that date. You acknowledge and agree that Wahmcart will not require any additional authorization from you for any recurring payments or automatic billing options.
Accounts are in default if payment is not received with three (3) days after the effective date of the Renewal Period. Wahmcart may suspend or terminate your use of the Wahmcart services if you fail to provide a valid designated payment method upon request or if Wahmcart is unable for any reason to bill charges to your designated payment method. If your payment is more than five (5) days past due, you will be liable for any fees Wahmcart incurs in its efforts to collect any unpaid balances from you.
Any billing problems or discrepancies must be brought to Wahmcart’s attention by you within thirty (30) days from the date you are billed. If you do not bring them to Wahmcart attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies with Wahmcart If you have any billing-related questions or want to stop a recurring payment from being charged to your designated payment method contact us.
ACCEPTABLE USE POLICY
You are solely responsible for the content of your transmissions through the Service. Wahmcart does, however, reserve the right to take any action with respect to the Service that Wahmcart deems necessary or appropriate in Wahmcart’s sole discretion if Wahmcart believes you or your transmissions or use of the Service may create liability for Wahmcart.
TERMINATION
We may terminate your account:
1. if you violate our Terms Of Service Policy;
2. if you breach any term of this agreement;
3. if you are involved in the sales and/or distribution of the following materials:
a) Ponzi or Pyramid Schemes;
b) non payment
c) sale and/or distribution of any illegal materials; or
4. for any reason, at our sole discretion.
LIABILITY
We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
While we take all reasonable precautions to ensure your database is secure and protected. You understand and agree that we are under no obligation to export, extract, retrieve or “massage” your database for you except through our EXPORT function.
TERMS
You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept notifications of service changes, commercial email and similar offers presented through the Wahmcart system or via email.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
Wahmcart constitutes that our Anti-Spam Policy is an inherent part of Wahmcart’s Terms of Service. As such, by submitting to the terms outlined in our Terms of Service, you are also bound to the policies contained in our Anti-Spam Policy.
We strictly prohibit any involvement in unsolicited commercial email (UCE) campaigns, commonly known as SPAM. We maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate or similar agent acting on the account holder’s behalf. All lists used in conjunction with the services provided by Wahmcart, are required to be 100% opt-in lists (refer to Wahmcart’s Anti-Spam Policy.)
ASSIGNMENT
This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
CHANGE OF TERMS AND CONDITIONS
We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with our cancellation policy. For changes in subscription rates, we will always give thirty (30) days notice prior to changing subscription rates.
NOTIFICATION OF ACCOUNT CHANGES
You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
NOTICES
All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
USE OF AFFILIATE MODULE
All merchants using this feature must adhere to local legislation regarding such programs. Further, any merchant offering such a program to their clients must act in a responsible and ethical manner, including but not limited to payment of affiliates, assignment of commissions, and abiding the terms laid out in their affiliate Terms of Service. Wahmcart.com reserves the right to terminate the account of any violating client or affiliate using our system, without notice or compensation.
AFFILIATE AGREEMENT
This Reseller Agreement (the “Agreement”) contains the complete terms and conditions which govern your participation in the Wahmcart.com affiliate program.
Pay-Out Schedule
Commissions will accrue immediately, but will be paid the month following after account sign-up. Wahmcart reserves the right to change this information, affiliate terms and payment policies at any time.
Affiliates are paid by the 15th of the month (except when the 15th falls on a Holiday, Saturday or Sunday, whereas payment will be made the following Monday), for all sales for the previous month. All commissions are subject to customer payment.
You will receive credit every time your referred customer purchases from Wahmcart.com. Recurring commissions will be paid as long as customer’s account remains in current paid status.
In order for you to get PAID on a sale, the referral MUST click off your Affiliate link or banner. The code MUST be the exact code generated by Wahmcart.com. That is the ONLY way we can track your commission.
Commissions are NOT paid on 14 Day $1 Trials.
Method of Payment
Payment will be made by PayPal.
I further understand that should I choose to take advantage of Wahmcart.com’s referral program, I am not entitled to refer myself or my own company and receive commission on these transactions.
REFUND POLICY
Any client subscribing on a monthly basis will have their credit cards charged the full monthly charge for the service in advance.
Please Note: Customers who are subscribed to monthly packages, who have surpassed their 14-day trial period, will not be entitled to a refund.
Refunds For Affiliate Partners
If an Affiliate referred customer cancels their service or requests a refund and commission payment has been provided to the Affiliate, Wahmcart.com will deduct any monies (commission) paid to the Affiliate from any outstanding or future earned commission.
14 DAY TRIAL SUBSCRIPTIONS
You may cancel your trial subscription anytime within the first 14 days.
I also understand that upon expiration of my free trial, my shopping cart will no longer function until I pay for the service.
NEW! FTC Guideline Update May Affect Affiliate Programs
The FTC has updated their guidelines regarding endorsements and testimonials. Wahmcart cannot give legal advice regarding these guidelines, how these guidelines may affect your business, or how you should proceed; however, we'd like you to be aware of this update that goes into effect on 12/1/09. You can find out all the details on the FTC website
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