Usage Rights
e-comShops grants to the Merchant a non-exclusive non-transferable licence to use the Software for purposes of creating and maintaining an interactive shop. e-comShops will assume responsibility for providing and installing the software and provide on-going support for that software to the Merchant while the contract is in force.

Intellectual Property Rights
e-comShops and its parent concern Phase8 shall own the software and all associated intellectual property rights invested in e-comShops at all times and no transfer of rights shall be assigned without the written assent of e-comShops.

Merchant Verification

Usage Rights
e-comShops reserve the right to verify the status and nature of the Merchant's business before granting any permission or access to the software for creating the on-line store in particular where access to the secure server is granted. The Merchant shall be granted access to use e-comShops and its associated software by e-comShops and the Merchant does no have the right or privilege to remove or change any aspect of the e-comShops source code whatsoever without prior and written permission of e-comShops. The Merchant is granted access to e-comShops on a per on-line store basis and multiple site licences are available with written agreement from e-comShops and at additional cost.

Merchant Responsibility

• the Merchant shall be solely responsible for the development and maintenance of the shop and its contents and for its day to day operations in conducting business.
• the Merchant shall keep its shop and contents updated and ensure all unavailable or out of stock goods are announced as such.
• the Merchant agrees without reservation to conduct business within the rules and regulations of UK laws and shall not breach any trade descriptions nor copyright rules.
• the Merchant shall provide customers with accurate details of the goods/services sold on the site including all appropriate costs and shall not seek to levy costs not advertised.
• the Merchant shall provide customers with accurate contact details including company name, address and email address.
• the Merchant shall assume sole responsibility for the handling and processing of orders and their correct and prompt despatch to customers.
• the Merchant will assume sole responsibility for keeping customers updated on their orders and for any complaints arising from any orders placed.

Termination
A 90 day notice of termination will commence on the first day of any fee-paying contract acquired by a Merchant from e-comShops for the provision of e-comShops and either side may provide such notice of any termination. e-comShops reserves the right to terminate and withdraw a e-comShops site immediately and without notice for any breach of this contract or UK trading laws.

Liability
Except as expressly provided in this Agreement or as otherwise required by law, e-comShops shall accept no liability to the Merchant and in no event shall be liable for any indirect or special or consequential loss which will include loss of profit or data, business interruption or other pecuniary loss. The liability of e-comShops to the Merchant shall not exceed payments made by the Merchant to e-comShops

Indemnity
The Merchant shall indemnify e-comShops against any claim made against the Merchant which arises out of or is related to sales through the on-line shop or activities on the Merchant's website.

Force Majeure
e-comShops shall not be liable for any breach of this Agreement by reason of force majeure which shall include delay or any other circumstances beyond the control of e-comShops.

Entire Agreement
This agreement is made between e-comShops and the Merchant and is binding in all clauses as described herein and any changes made to it shall be made in writing. The agreement may not be transferred to a third party in any shape or form without the prior agreement in writing from e-comShops.