Manage Studio

This agreement constitutes a legally binding agreement between Licensee and WorldMart
You are advised to read this Agreement carefully
If you are not agreeable to any terms and conditions, you should not use this Service and notify the same to WorldMart

Notwithstanding anything contained in the foregoing, this Agreement will not bind WorldMart unless you meet the eligibility criteria for entering into this Agreement as set forth in Section A of this Agreement

Definitions:
The following terms shall have the meanings defined below when used in capital letters herein:

• Agreement means the terms and conditions as detailed herein including all schedules, appendices, annexure, Privacy Policy, and will include the references to this Agreement as amended, notated, supplemented, varied or replaced from time to time
• “WorldMart” or “WorldMart application” or “Software” means the software Platform (“Software”) provided by WorldMart
• Services means the merchants services provided by WorldMart, including hosting of the online store, site design, email services, marketing services, domain name registration, payment collection and other related services as may be offered from time to time
• Software and/or Services provided by WorldMart on SAAS (software as service) model
• “WorldMart License” or “WorldMart Application License” has its meaning described in Section 2 of this agreement
• “WorldMart site” or “WorldMart website” refers to the WorldMart product website – www
• WorldMart
• in
• “Affiliate” means, with respect to each Party, any person or entity directly or indirectly Controlling, Controlled by, or under direct or indirect common Control with a Party
• For the purpose of this definition, the expression “Control”, “Controlled” or “Controlling” shall mean, with respect to any person or entity, any circumstance in which such person or entity is controlled by another person or entity by virtue of the latter person or entity controlling the composition of the board of directors or owning the largest or controlling percentage of the voting securities of such person/entity or by virtue of any contractual arrangements or otherwise
• “Intellectual Property Rights” means all patents (whether registered or not), trademarks( whether registered or not), copyrights (whether registered or not), design rights, trade secrets, marks or any other intellectual property rights in Software licensed, granted or assigned by WorldMart to, or otherwise vested in, Licensee pursuant to the Agreement
• A
  Eligibility Criteria
  The Software license and Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law
  Without limiting the foregoing, the Software and Services are not available to children (persons under the age of 18)
  If You are registering as a business entity, You represent that You have the eligibility to enter in to an agreement and the authority to bind the entity to this Agreement
  WorldMart uses many techniques to verify the accuracy of the information you provide when you register on the WorldMart Site
  If for any reason, WorldMart, in its sole discretion, believes such information to be incorrect, it reserves the right, to revoke any and all licenses under this Agreement or to refuse to provide the Software license and Services under this Agreement to You

WorldMart (SOFTWARE), TRADEMARK OWNERSHIP AND WorldMart LICENSE

• The Software provided by WorldMart, and all intellectual property rights therein, are the exclusive property of WorldMart
• Subject to the terms and conditions of this Agreement, WorldMart grants to Licensee a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for WorldMart (“WorldMart Servers”) through the WorldMart Application solely for the purpose of building and maintaining an interactive store hosted by the WorldMart Servers on which Licensee offer Licensee’s or a third party’s products or services (“Licensee’s Store”)
• The Software and its structure, organization, and source code constitute valuable trade secrets of WorldMart
• Accordingly, except as expressly allowed Licensee will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the Software to any third party
• ADDITIONAL SOFTWARE AND SERVICES: Certain additional features that WorldMart may make available to Licensee may require access to and/or installation of additional software (including third party software) that is subject to supplemental or independent terms and conditions (“Additional Software”)
• Similarly, WorldMart may make available additional services (including third party services) that are subject to supplemental or independent terms and conditions (“Additional Services”)
• Such software and services are subject to additional payments as required and are subject to Licensee’s consent to such terms and conditions associated with the use of additional software and services
• Upon activation of Licensee’s account and subject to the payment of applicable fees, WorldMart will provide certain hosting, support and other miscellaneous Services for the Software licensed by Licensee under this Agreement and Licensee’s Store during the term of this Agreement as published on the WorldMart Site
• Licensee’s Store shall be hosted on a WorldMart Server on which several merchants may share the resources and network capacity of that WorldMart Server
• BILLING PERIOD: Start date of Billing period would be considered as the Date of Payment except in cases as below
  a) Payment Gateway Activation: Start date of Billing period would be either Payment Gateway Activation date or 30 days from the Date of payment whichever is earlier
• STORE DESIGN AND CUSTOMIZATION: At Licensee’s request, and subject to WorldMart’s acceptance of Licensee’s request and Licensee’s payment of applicable fees, WorldMart will provide or instruct one of its “affiliates” to provide, design and customization Services for Licensee’s in accordance with WorldMart’s then current customization terms and conditions
• DOMAIN NAME REGISTRATION: At Licensee’s request and subject to Your agreement to applicable terms and conditions and the payment of applicable fees, WorldMart’s Additional Services may include acquisition and registration of a second-level domain name (“Domain Name”) for Your Store on Your behalf
• You hereby appoint WorldMart and third parties who provide domain name registration services to WorldMart as Your agent in the acquisition, registration and ongoing administration of Domain Names on Your behalf and You authorize WorldMart and third parties who provide domain name registration services to WorldMart to select and issue binding instructions to domain name registrars and registries used to acquire, register and administer Domain Names on Your behalf
• WorldMart provides this Service as a convenience to You only and You hereby waive any and all claims that You may have, or which may later arise, against WorldMart for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and/or use of such Domain Name
• In addition, WorldMart reserves the right, in WorldMart’s sole discretion, to refuse to acquire or register any domain name requested by You, and to discontinue the use of any domain name requested by you
• SLA: THIS SERVICE LEVEL AGREEMENT (“Agreement” or “SLA”) shall apply to all Hosted Services provided by WorldMart for each customer/client/consumer/end user/user (“USER”)
• WorldMart is committed to providing a highly available and secure network to support its USERs
• Providing the USER with consistent access to Hosted Services is a high priority for WorldMart and is the basis for its commitment in the form of a SLA
• The SLA provides certain rights and remedies in the event that the USER experiences service interruption as a result of failure of WorldMart infrastructure
• The overall service availability metric is 99%, measured on a monthly basis
• Failing to this, we’ll refund the amount for that month subscription, in which SLA is not kept up to the standard
• Term Definitions
  For the purpose of this Service Level Agreement, the terms in bold are defined as follows:
  Available or Availability
  When the USER who’s account is active and enabled has reasonable access to the Hosted Service provided by WorldMart, subject to the exclusions defined in Downtime Minutes below

Total Monthly Minutes
The number of days in the month multiplied by 1,440 minutes per day

Maintenance Time
The time period during which the Hosted Service may not be Available each month so that WorldMart can perform routine maintenance to enhance the software on regular basis by new features release, performance improvements & bug fixes, is on an as needed basis
Maintenance activity is undertaken only during very odd business hours i
e 4 AM IST to 8:30 AM IST
On a average, we take 50 to 100 minutes of maintenance activity every week
So, SLA excluding Maintenance Time would be 99
5%

Downtime
The total number of minutes that the USER cannot access the Hosted Service
The calculation of Downtime Minutes excludes time that the USER is unable to access the Hosted Services due to any of the following:

• (b) USER’s own Internet service provider
• (c) Force Majeure event
• (d) Any systemic Internet failures