Privacy policy

These Terms of Service were revised on 31st March 2021. This Terms of Service (“Agreement”, “Terms of Service” or “Terms”) is entered into between you (“Customer” or “You”) and Blueprint Ventures (Pvt) Ltd – Company Registration Number PV00219859, d/b/a BUILDaStore (“BUILDaStore”), and is made effective on the date of electronic acceptance. 

By signing up for a BUILDaSTORE Account (as defined in Section 1) or by using any BUILDaSTORE Services (as defined below), you are agreeing to be bound by the following Agreement.

The services offered by BUILDaSTORE under the Terms of Service include various products and services to help you sell goods and services to buyers online. Any such services offered by BUILDaSTORE are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service.

BUILDaSTORE reserves the right to update and change the Terms of Service by posting updates and changes to the BUILDaSTORE website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including BUILDaSTORE’s Acceptable Use Policy (“AUP”) and Privacy Policy, and, if applicable, the BUILDaSTORE Service Level Agreement (“SLA”) before you may sign up for a BUILDaSTORE Account or use any BUILDaSTORE Service.

Section 1 – Account Terms

  1. To access and use the Services, you must register for a BUILDaSTORE account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. BUILDaSTORE may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
    You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
  2. You acknowledge that BUILDaSTORE will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
  3. You are responsible for keeping your password secure. BUILDaSTORE cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  4. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  5. A breach or violation of any term in the Terms of Service, including the AUP, as determined at the sole discretion of BUILDaSTORE may result in an immediate termination of your Services.

Section 2 – Service Agreement

2.1 Store Owner

Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Business Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Business Owner in connection with the Service.

  • If you are signing up for the Services on behalf of your employer, your employer shall be the Business Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
  • Your BUILDaSTORE account can be associated with one website. A Business Owner may have multiple BUILDaSTORE accounts. “Store” means the online store associated with the Account.

2.2 Staff Accounts

Based on your BUILDaSTORE pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).

The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.

The Store Owner and the users under Staff Accounts are each referred to as a “BUILDaSTORE User”.

2.3 Recommendations

BUILDaSTORE personnel may from time to time recommend third-party software or other products and services for your consideration. BUILDaSTORE makes no representation or warranty whatsoever regarding products and services that are not purchased from BUILDaSTORE, including the compatibility of such products and services with BUILDaSTORE software. Your use of any such products and services is governed by the terms of your agreement with the provider of those products and services.

2.4 Software Updates

From time to time, BUILDaSTORE may update the software associated with a Service for many reasons, including but not limited to, (a) to maintain PCI compliance; (b) to fix bugs or problems in previous versions; and/or (c) to enhance functionality or features. BUILDaSTORE makes no warranty that such updates will not affect your use of the Services or introduce new but unknown bugs into the software. Further, BUILDaSTORE shall not be responsible for the effect an update has on any code not provided by BUILDaSTORE and any modifications to such code to restore functionality shall be Customer’s sole responsibility and cost.

Where support is provided by BUILDaSTORE, BUILDaSTORE will provide technical support for the most recent update or version of the Software associated with a Service. From time to time, BUILDaSTORE may provide support for an older version(s), however BUILDaSTORE reserves the right to suspend or terminate such support at any time, with or without notice.

2.5 Use of Customer’s Name and Trademarks

Customer hereby grants BUILDaSTORE a non-exclusive right and license to use Customer’s name and such of Customer’s trade names, trademarks, and service marks (collectively, “Customer’s Marks”) as are listed on User Content (as defined below) or otherwise provided to BUILDaSTORE in connection with this Agreement: (a) on BUILDaSTORE’s own websites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing BUILDaSTORE’s Services, and (c) in applications reasonably necessary and ancillary to the foregoing. Customer may use BUILDaSTORE’s trade name, trademarks and service marks (collectively, “BUILDaSTORE’s Marks”) in advertising and publicity in conjunction with the offering of User Content via BUILDaSTORE, provided that Customer shall submit copy to BUILDaSTORE for its prior written approval, and provided further that under no circumstances shall such use imply that BUILDaSTORE endorses, sponsors, certifies, approves or is responsible for User Content.

2.6 Use of User Content

Some of the features of this Site or the Services found on this Site may allow Customer to view, post, publish, share, store or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical or other content, including but not limited to, photos and videos (together with User Submissions, “User Content”). By providing User Content to BUILDaSTORE via any method (e.g., site submission, email, survey responses, etc.), You represent and warrant to BUILDaSTORE that:

(i) You have all necessary rights to distribute User Content via this Site or via the Services, either because You are the author of the User Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents and/or permissions to use, in writing, from the copyright or other owner of the User Content, and
(ii) You do not violate the rights of any third-party.

The provisions in this Section apply specifically to BUILDaSTORE’s use of User Content posted to BUILDaSTORE’s corporate websites or submitted directly to BUILDaSTORE. The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) You may have in content posted to your hosted websites.

You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

You acknowledge and agree that:

  • Your User Submissions are entirely voluntary;
  • Your User Submissions do not establish a confidential relationship or obligate BUILDaSTORE to treat your User Submissions as confidential or secret;
  • BUILDaSTORE has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to You or to anyone else for any intentional or unintentional use of your User Submissions; and
  • BUILDaSTORE may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
  • BUILDaSTORE shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions provided to BUILDaSTORE by any method, and shall be entitled to the unrestricted use and dissemination of any User Submissions provided for any purpose, commercial or otherwise, without acknowledgment or compensation to You or to anyone else.

2.7 Sublicense

Customer may not sublicense or resell any of BUILDaSTORE’s Services to any third parties without the prior written permission of BUILDaSTORE. By way of example and not limitation, Customer may not provide Web Hosting services through its BUILDaSTORE Services to any third-party without BUILDaSTORE’s prior written permission. Any attempts to do so would be considered a material breach of this Agreement and grounds for termination of this Agreement.

2.8 Fees and Payment

2.8.1 Fees

BUILDaSTORE expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to You. Changes or modifications in prices and fees shall be effective when the Services in question come up for renewal.

BUILDaSTORE may, at its sole option, extend payment terms to You. Should BUILDaSTORE extend payment terms, You agree that Your obligation to pay BUILDaSTORE for the Services ordered begins on the date of purchase and does not end until paid in full, even if the Services are abandoned, suspended, terminated or transferred prior to such time.

2.8.2 Payments

It is the Customer’s obligation to review all periodic charges for accuracy. Upon entering this Agreement, You choose to pay by direct charge to a credit or debit card and receive an electronic receipt for each transaction processed by BUILDaSTORE. If You choose to pay by credit or debit card, You thereby authorize BUILDaSTORE to charge your credit or debit card to pay for any charges that may be attributed to Your use of the Services. Upon completion of sign up for the Service, BUILDaSTORE will store your card details in a secured environment on your behalf using the Recurring Billing technology. Recurring Billing is a payment technology that allows BUILDaSTORE to automatically charge You a pre-authorized amount on a regular basis at a scheduled billing cycle. Depending on your location, BUILDaSTORE may also create a BUILDaSTORE Payments account on your behalf.

You acknowledge that Recurring Billing technology and/or BUILDaSTORE Payments will be your default means of making payment (s) and that it is your sole responsibility as the Store 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.

Failure of the rightful owner of said site, store and/or account to timely pay in full all of said amounts shall be deemed a breach of these Terms and shall subject the account to immediate termination.

All charges must be paid in advance according to the then current prices applicable to the Services. All sales are final and BUILDaSTORE offers no partial or full refunds of any kind on any purchase unless otherwise expressly noted, even if your Services are suspended, terminated or transferred before the end of the Services.

You must notify BUILDaSTORE of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit BUILDaSTORE from charging your account.

2.8.3 Billing Policies and Cycles

Unless otherwise agreed to in writing by BUILDaSTORE, we offer billing via credit card or debit card charge only. All initial fees must be paid prior to service setup. These fees may include service setup fees and first period’s service charge. BUILDaSTORE provides customers several billing cycles from which to choose when signing up for service, including, but not limited to (a) monthly billing, (b) quarterly billing, and (c) annual billing. BUILDaSTORE will bill Customer, in advance, on a recurring basis according to the billing cycle selected by the Customer. The Customer may change the billing cycle using the online control panel at any time prior to the next billing period. The Customer understands that BUILDaSTORE has no obligation to refund any prepayment made by the Customer should the customer choose to change the billing cycle after a payment has been made. Our billing cycle begins on the day we set up your account. All Services will automatically renew for successive same duration terms unless You provide notice to BUILDaSTORE of your intent not to renew at least 30 days prior to the expiration of a term. All fees charged for additional Services purchased during the term of a plan and any additional fees and expenses incurred during such term shall be billed and paid in accordance with these Terms.

Note: All billing correspondence (invoices, notifications, etc.) is communicated via email. It is crucial that You maintain a current email address with us.

2.8.4 Disputes

Failure to dispute a charge within three (3) months following such charge shall constitute Customer’s agreement that all charges are valid and Customer agrees to waive any claims it may have had regarding such charge.

2.8.5 Cancellation

To ensure that You are not billed for another period of service, You must cancel your account no later than 10 days before your billing cycle due date.

Taxes. All fees charged by BUILDaSTORE for the Services are exclusive of all taxes, VAT and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services, all of which Customer will be responsible for and will pay in full, except for taxes based on BUILDaSTORE’s net income. If BUILDaSTORE is required to pay directly any such taxes, Customer will, upon receipt of BUILDaSTORE’s invoice, promptly reimburse BUILDaSTORE for any such taxes paid by BUILDaSTORE.

Section 3 – Service Specific Terms

In addition to the general Terms of Service above, You also agree to be bound by the additional service specific terms applicable to the Services You purchase and/or use (“Service Specific Terms”). The following Service Specific Terms and policies are hereby incorporated by reference and will be binding upon the parties.

3.1 Hosting Services

3.1.1 Service Description

As a website hosting service provider, BUILDaSTORE provides dedicated server computers that are integrated into the Internet. These server computers send and receive data and information throughout the Internet. Customer wishes to connect to the Internet using the hardware and software resources of BUILDaSTORE to establish an Internet web presence on one of BUILDaSTORE’s server computers (“Hosting Services”). BUILDaSTORE grants You a limited, non-exclusive license to use the Hosting Services for the purpose of operating a website. All rights not expressly granted hereby are reserved by BUILDaSTORE.

3.1.2 Resale

Notwithstanding anything in this Agreement to the contrary, Customer may resell to third parties the Hosting Services; provided, that Customer is responsible for third-party activities and content, and that such third-party shall act in accordance with the terms of this Agreement.
Information. The use of any data or information received by the Customer from the any service provided by BUILDaSTORE is at Customer’s sole and absolute risk. BUILDaSTORE specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services provided by BUILDaSTORE.

3.1.2 Domain Name

If BUILDaSTORE acquires an Internet domain name on behalf of the Customer, then Customer hereby waives any and all claims which it may have against BUILDaSTORE for any loss, damage, claim or expense arising out of or in relation to the registration of such domain name in any online or offline network directories, membership lists, registration lists or the release of the domain name from such directories or lists following the termination of the providing of this service by BUILDaSTORE for any reason.

3.1.3 Unilateral Service Revocation

If BUILDaSTORE, at any time, believes that the Hosting Service is being used for any unlawful or immoral purpose (as determined in BUILDaSTORE’s sole and absolute discretion) by the Customer or in contravention with the terms and condition of this Agreement, BUILDaSTORE may immediately discontinue the Hosting Service to the Customer without liability.

3.1.4 Downtime

If Customer presents to BUILDaSTORE any evidence of the customer’s website not being accessible by the general public (“Downtime”), and such evidence is proven to be the sole and exclusive fault of BUILDaSTORE, then Customer shall be compensated for such amount of Downtime, on a prorated basis, on Customer’s periodic billing invoice. If, however, any such Downtime is due to any external factor not in the control of BUILDaSTORE, then no compensation will accrue or occur. You agree that BUILDaSTORE has no control over availability of Hosting Services on a continuous or uninterrupted basis and you acknowledge there are inherent risks in Internet connectivity that could result in loss of your privacy, information or property.

3.1.5 Cancellations

Customer shall be responsible for any costs incurred by BUILDaSTORE if a cancellation is received after BUILDaSTORE has commenced work on Customer’s website.

3.1.6 Technical Specifications

Allocation of disk space, SQL disk space, usage rates, burst capacity, service level warranty and other similar items will be governed by Customer’s specific plan, order or package. The servers used to provide the Hosting Servers are physically located in the USA and all content will be subject to the laws thereof. Due to server migration and other factors, BUILDaSTORE does not warrant that you will be able to consistently maintain your given IP numbers.

3.1.7 Server and Network Issues

You are responsible for ensuring there is no excessive overloading on BUILDaSTORE’s servers. In the event You exceed your allotted bandwidth, compute cycles or disk space and thereby overload the servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use BUILDaSTORE’s servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and BUILDaSTORE reserves the right to remove websites containing information about hacking or links to such information. You agree BUILDaSTORE reserves the right to remove your website temporarily or permanently from its servers if your activities threaten the stability of BUILDaSTORE’s network.

3.1.8 Customer Representations and Warranties

Customer represents and warrants to BUILDaSTORE that: (i) its content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation; (ii) its content does not and shall not infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and (iii) it owns its website content and all proprietary or intellectual property rights therein, or has express written authorization from the owner to copy, use and display the content on and within its website. You also warrant that the website being hosted by BUILDaSTORE will not be used in connection with any illegal activity.

3.2 Design and Development

3.2.1 Scope of Work

Customer hereby retains the services of BUILDaSTORE to design Customer’s website for Customer in accordance with the order form initially submitted by Customer (together with any subsequent order forms submitted, the “Order”).

3.2.2 Changes

Changes to this Agreement, the Order or to any of the specifications of the website shall become effective only when a written change request is executed by the Customer and BUILDaSTORE (a “Change Order”). In the event of a conflict between the terms of this Agreement and a Change Order, the terms of this Agreement shall govern.

3.2.3 Customer’s Responsibilities

Customer agrees to perform all tasks assigned to Customer as set forth in this Agreement or a Change Order, and to provide all assistance and cooperation to BUILDaSTORE in order to timely and efficiently complete the website. BUILDaSTORE shall not be deemed in breach of this Agreement, the Services, a Change Order or any milestone in the event that BUILDaSTORE’s failure to meet its responsibilities and time schedules is caused by Customer’s failure to meet (or cause a delay in) its responsibilities and time schedules set forth herein, a Change Order or this Agreement.

In the event of any such failure or delay by Customer, all of BUILDaSTORE’s time frames, milestones and/or deadlines shall be extended as necessary, and; customer shall continue to make timely payments to BUILDaSTORE as set forth in this Agreement and any Change Order(s) as if all time frames, schedules or deadlines had been completed by BUILDaSTORE. Customer shall be responsible for making, at its own expense, any changes or additions to Customer’s current systems, software and hardware that may be required to support operation of the Customer’s website. Unless otherwise agreed to BUILDaSTORE in an agreement or in a Change Order, Customer shall be responsible for initially populating and maintaining any databases on the website, as well as providing all content for the website. If Customer executes a Change Order expressly requesting BUILDaSTORE to assess the Customer’s systems, software and hardware from time to time, BUILDaSTORE may agree (but is not obligated) to perform such assessments at normal BUILDaSTORE rates, as determined by BUILDaSTORE.

3.2.4 Design

The design of the website shall be in substantial conformity with the material provided to BUILDaSTORE by Customer. Website consultation will be provided according to the number of coordination steps outlined for the plan purchased by Customer in the Order. Customer will provide direction to BUILDaSTORE by accessing BUILDaSTORE’s Customer Relationship Management system (“CRM”) and delivering content for website construction within same. Website text shall be supplied by Customer unless copywriting services have been purchased. Development of web pages shall occur on Customer’s established Hosting Service with BUILDaSTORE. All technical issues with BUILDaSTORE’s servers shall be handled by BUILDaSTORE, unless otherwise agreed to the parties. Minor updates and changes include minor modifications and other adjustments to work out backend database issues and functionality. Such updates and modifications do not include adding features beyond the scope of the Order.

BUILDaSTORE shall not include, as determined in its sole discretion, any of the following on Customer’s website or in Customer’s directory on BUILDaSTORE’s web server: text, graphics, sound or animations that may be viewed as obscene, containing adult material or as promoting any illegal activities; links to other websites that may be viewed as obscene, containing adult material or related in any way to any illegal activities; impressionistic or cartoon-like graphics (unless provided by Customer); invisible text, metatags (i.e., text that may only be detected by a “webcrawler” or other web indexing tool accessing the website), or any other type of hidden text, hidden information, hidden graphics or other hidden materials; or destructive elements or destructive programming of any type.

3.2.5 Coordination Steps

The Customer understands that submissions for website development are limited to the number of coordination steps as provided in the Order. The Customer is encouraged to provide as much instruction and direction as possible with each submission.
Accessibility of Website During Construction. Throughout the construction of the prototype and the final website, the website shall be accessible to Customer through the CRM. Until Customer has approved the final website, none of the web pages for Customer’s website will be accessible to end users.

3.2.6 Completion Date

BUILDaSTORE and Customer shall work together to complete the website in a commercially reasonable manner. Customer shall supply to BUILDaSTORE complete text and graphical content of all web pages contracted for within two (2) weeks of the date of the Order, unless otherwise agreed to by the parties. If Customer does not submit complete text and graphical content within three (3) weeks after the Order, an additional continuation fee of 10% of the total Order price shall be assessed to Customer each month until the website is published.

3.2.7 Acceptance

The deliverables shall be deemed to be accepted upon the earlier of (a) written notice by Customer of such acceptance or (b) expiration of the time period for Customer’s inspection without written notice of material non-conformance. Customer shall not unreasonably withhold or delay acceptance. After receipt of notice of a material non-conformity, BUILDaSTORE shall have 30 days to remedy such failure or defect and redeliver such deliverables to Customer. Customer shall have 10 days after BUILDaSTORE redelivers to inspect and test the deliverables to determine if it conforms. If the deliverables continue to fail to materially conform, then: (i) either Party may terminate this Agreement; or (ii) if both Parties agree, BUILDaSTORE will be given a further opportunity to cure any defects.

3.2.8 Mirroring

The deliverables are provided for use on the designated domain only. Should You desire to mirror the design on one or more different domains You must submit an order identifying the new or additional domain. The initial mirroring may be completed without additional charge; however any future updates or modifications to the design will require additional fees on a per domain basis.

3.2.9 Ownership and Protection of Content

Customer acknowledges and agrees that:
(a) unless expressly stated elsewhere, BUILDaSTORE has no proprietary, financial, or other interest in Customer’s content;
(b) BUILDaSTORE does not, by virtue of offering or hosting Customer’s content, edit, distribute, market, sublicense, publish, or otherwise provide Customer’s content to end users; and;
(c) Customer is solely responsible for the information, data, graphics, text, quality, performance, and all other aspects of its content. Customer warrants that it owns or has the right to use and offer the content in the manner in which such content is offered during the term of this Agreement. Customer acknowledges and agrees that Customer is solely responsible for ensuring the integrity of its content. BUILDaSTORE is no way responsible for any damages resulting from the loss of Customer’s content, regardless of the reason for such loss.

3.2.10 Reuse of Deliverables

Customer understands and specifically acknowledges that BUILDaSTORE may, in its sole discretion, use some or all of the deliverables (excluding content provided by Customer) in the future in commercial development projects for other customers. Nothing in this Agreement shall be construed to limit BUILDaSTORE’s right to do so or to use any information retained as ideas, information and understandings retained in the human memories of its employees, contractors and agents, provided that BUILDaSTORE may only use information of general applicability.

3.2.11 Copyright to Website

Customer acknowledges, understands and agrees that BUILDaSTORE may use its own and/or may purchase third-party licenses for products or services necessary for BUILDaSTORE to design and develop the website. Such products may include, but are not limited to server-side applications, clip art, back-end applications, music, stock images or any other copyrighted work (“Outside Content”) which BUILDaSTORE deems necessary to purchase on behalf of Customer to design and develop the website. Customer further acknowledges and understands that any Outside Content used to design and develop the Website is owned by BUILDaSTORE and/or such third parties and cannot be transferred to Customer and is hereby expressly not transferred to Customer and shall remain the property of BUILDaSTORE and/or such third parties. Outside Content which is owned and/or purchased by BUILDaSTORE may be used in the design and/or development of other websites separate from Customer.

Customer and BUILDaSTORE agree that upon payment in full of the fees associated with the design and development of the website, Customer shall own a worldwide right, title and interest in and to the website (including its source code and documentation) (the “Custom Programming”). Customer and BUILDaSTORE agree that BUILDaSTORE shall retain a worldwide, royalty-free, non-exclusive, transferable and perpetual right and license to the Custom Programming including, but not limited to, the right to modify, amend, create derivative works, rent, sell, assign, lease, sublicense or otherwise alter or transfer the Custom Programming. Customer and BUILDaSTORE also agree that the design and development of the website may include source code, documentation and/or application programs that were previously written or developed by BUILDaSTORE and modified to meet Customer’s specific requirements (the “Code Content”). Customer shall own all worldwide rights, title and interest in and to the Code Content. Upon payment in full of the fees associated with the design and development of the website, Customer shall be provided a worldwide, royalty-free, non-exclusive, transferable and perpetual right and license to use the Code

3.2.12 Content

BUILDaSTORE and its representatives, agents, affiliates and subcontractors retain the right to display graphics and other web design elements of Customer’s website as examples of their work in their respective portfolios.

3.2.13 Maintenance

Unless and until a website maintenance plan is purchased by Customer, any Services purchased from BUILDaSTORE do not include website maintenance. If Customer or an agent other than BUILDaSTORE attempts updating Customer’s pages, any time to repair any such web pages shall be assessed at an hourly rate, as determined by BUILDaSTORE. Any other changes requested by Customer shall be billed at the hourly rates set forth in the Order. This rate shall also govern additional work authorized beyond the maximums specified in the Order for other services such as webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics or any other related services.

3.2.14 Fees

The total price for all of the design and development work (excluding post-approval modifications not implemented by Customer) shall be set forth in the Order (the “Development Fee”). This price covers all work for the Order (excluding post-approval modifications not implemented by Customer). Unless otherwise stated in the Order, the Development Fee is due and payable to BUILDaSTORE upon placing the Order. BUILDaSTORE shall have no obligation to perform any work until payment is received and such funds are cleared from any such financial institution.

3.2.15 BUILDaSTORE Indemnity

In performing services under this Agreement, BUILDaSTORE agrees not to design, develop or provide to Customer any items that infringe one or more patents, copyrights, trademarks or other intellectual property rights (including trade secrets), privacy or other rights of any person or entity. If BUILDaSTORE becomes aware of any such possible infringement in the course of performing any work hereunder, BUILDaSTORE shall immediately notify Customer in writing. BUILDaSTORE agrees to indemnify, defend and hold Customer, its officers, directors, members, employees, representatives, agents and the like harmless for any such alleged or actual infringement and for any liability, debt or other obligation arising out of or as a result of or relating to: (a) the Agreement, (b) the performance of the Agreement, or (c) the Deliverables, other than Customer’s responsibilities and Customer Content (as defined below). This indemnification shall include attorneys’ fees and expenses, unless BUILDaSTORE defends against the allegations using counsel reasonably acceptable to the Customer. BUILDaSTORE’s total liability under this Agreement shall not exceed the amount of the Development Fee derived by BUILDaSTORE under this Agreement.

Customer Indemnity. In additional to any other applicable indemnity set forth in these Terms, Customer shall indemnify and hold harmless BUILDaSTORE (and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees) from any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by BUILDaSTORE as a result of any claim, judgment or adjudication against BUILDaSTORE related to or arising from: (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display or material (whether written, graphic, sound or otherwise) provided by Customer to BUILDaSTORE (the “Customer Content”), or (b) a claim that BUILDaSTORE’s use of the Customer Content infringes the intellectual property rights of a third-party.

3.2.16 Representations and Warranties

BUILDaSTORE makes the following representations and warranties for the benefit of Customer:
No Conflict. BUILDaSTORE represents and warrants that it is under no obligation or restriction that interferes or conflicts with the work to be performed by BUILDaSTORE under this Agreement and the Order. Customers understand that BUILDaSTORE may or is currently working on one or more similar projects for other clients. Provided that those projects do not interfere or conflict with BUILDaSTORE’s obligations under this Agreement, those projects shall not constitute a violation of any provision of this Agreement.

3.2.17 Conformity, Performance, and Compliance

BUILDaSTORE represents and warrants that: (1) all Deliverables shall be prepared in a workmanlike manner and with professional diligence and skill; (2) all Deliverables will function under standard HTML conventions; (3) all Deliverables will conform to the specifications and functions set forth in this Agreement; and (4) BUILDaSTORE will perform all work called for by this Agreement in compliance with applicable laws. BUILDaSTORE will repair any Deliverable that does not meet this warranty within a reasonable period of time if the defect affects the usability of Customer’s website, and will otherwise repair the defect within 24 hours of knowledge of such defect at no charge to Customer. This warranty shall extend for the life of this Agreement. This warranty does not cover links that may change in the future, pages that may become obsolete in the future, content that may become outdated in the future, or other changes that do not result from any error on the part of BUILDaSTORE.

Customer represents and warrants and unconditionally guarantees to BUILDaSTORE that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to BUILDaSTORE for inclusion in Customer’s website are owned by Customer, or that Customer has permission from the rightful owner to use each of these elements. In addition to any other applicable indemnity set forth in these Terms, Customer will hold harmless, protect and defend BUILDaSTORE and its officers, directors, representatives, affiliates, partners and subcontractors from any claim or suit arising from the use of such elements furnished by Customer.

Section 3 – General Terms

  1. You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP (See below) and the Privacy Policy before you may become a BUILDaSTORE User.
  2. Technical support in respect of the Services is only provided to BUILDaSTORE Users.
  3. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Democratic Socialist Republic of Sri Lanka. 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.
  4. You acknowledge and agree that BUILDaSTORE may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on BUILDaSTORE’s website, available at 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 BUILDaSTORE’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.
  5. You may not use the BUILDaSTORE Services 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 the Democratic Socialist Republic of Sri Lanka. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by BUILDaSTORE.
  7. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use BUILDaSTORE or BUILDaSTORE trademarks and/or variations and misspellings thereof.
  8. Questions about the Terms of Service should be sent to BUILDaSTORE Support.
  9. You understand that your Materials (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. You acknowledge and agree that your use of the Services, including information transmitted to or stored by BUILDaSTORE, is governed by its Privacy Policy.
  11. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. BUILDaSTORE shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without BUILDaSTORE’s prior written consent, to be given or withheld in BUILDaSTORE’s sole discretion.
  12. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

Section 4 – Acceptable Use Policy (AUP)

This Acceptable Use Policy (“AUP”) outlines unacceptable use of the BUILDaStore Services (the “Services”). This AUP is in addition to any other terms and conditions under which BUILDaStore provides the Services to you.

Questions about this AUP (e.g., whether any contemplated use is permitted) and reports of violations of this AUP should be directed to [email protected]

Prohibited content, uses and activities include, without limitation, any use of the Services in a manner that, in BUILDaSTORE’s reasonable judgment, involves, facilitates, or attempts any of the following:

  • violating any law;
  • displaying, performing, sending, receiving or storing any content that is obscene, inappropriate, offensive, or otherwise objectionable, even if the material or its dissemination is lawful;
  • harassing any person or advocating or encouraging violence of any kind against any person, entity or government;
  • infringing, violating or misappropriating another’s rights;
  • obtaining unauthorized access to, or interfering by any means with, any user, system, network, service, or account, including evasion of filters or violation of the security or integrity of any network or system;

You are responsible to ensure that use of the Services and content is in compliance with all applicable laws, including laws where the Services or content is uploaded, hosted, stored, accessed or used, and to implement necessary restrictions to prohibit use by any individual (e.g. restrictions on access by minors) or in any jurisdiction, as required to comply with such laws. Similarly, BUILDaSTORE reserves the right to take all actions it deems appropriate to comply with applicable laws.

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