ECOMLIKE LTD., Cyprus henceforth referred to as „ECOMLIKE“.
These General Terms and Conditions are a legally binding part of all consultancy, service and user agreements between ECOMLIKE and its contractual partners (mandators, clients, customers, users). The general terms of business and contractual agreements based upon these between contractual partners and ECOMLIKE are based upon the laws and rules of conduct of the Republic of Cyprus.
ECOMLIKE provides all services exclusively based on these terms and conditions (T&C / Terms & Conditions), as well as the current specification of services (LB). A contractual partner’s differing general terms of business do not apply, even if ECOMLIKE does not explicitly object to them. ECOMLIKE does not recognise a contractual partner’s general terms of business which conflict with or differ from their T&C, unless ECOMLIKE explicitly approves their validity in writing. These T&C still apply if ECOMLIKE carries out delivery to the client without reservation and in full knowledge of the contractual partner’s differing terms of business. ECOMLIKE is entitled to change the LB, as well as these T&C, with a notice period of two weeks. ECOMLIKE will announce the particular changes in writing on their appropriate internet presence. At the same time the contractual partner will be expressly notified that the particular change is an article of the contract existing between the two contractual parties. Should the contractual partner not object to the change within a notice period of one month from the announcement of the change, each party has the right to terminate the contract verifiably in writing within the valid due notice period for a termination. ECOMLIKE’s internet presence explicitly offers no substitute for a consultation, particularly not in the case of legal and/or tax matters. None of the content found here should be understood as recommendation to undertake and/or refrain from any activities. No liability is assumed for the accuracy or integrity of the displayed content. We do not provide legal or tax advice.
- Basic regulations
Should individual terms in these General Terms and Conditions and the contracts based upon them be ineffectual or completely impracticable or become ineffectual or impracticable after the signing of the contract, the validity of the of the General Terms & Conditions and contracts based upon them will remain unchanged. In place of the ineffectual or impracticable term, those effective and practical terms should come into force, whose effects come closest to the economic purpose that the contractual partners had pursued with their ineffectual or impracticable condition. The preceding regulations are valid respectively in the case that the General Business Terms and/ or contracts based upon them are proven to be incomplete.
- Formulation of a Contract
The contract between ECOMLIKE and the contractual partners comes into being when ECOMLIKE receives the mandate from the contractual partner by way of a contract, order confirmation or via email. This can also already be in the preparation of services for the letter of acceptance by ECOMLIKE. ECOMLIKE reserves the right in individual cases to decline the mandate at conclusion of the contractual relationship with good cause.
The respective offer by ECOMLIKE is the basis for the conclusion of the contract, in which the range of services and ECOMLIKE’s compensation is established, whether verbally or a by written mandate from the contractual partner.
Statutory regulations apply between business persons exclusively according to the law of the Republic of Cyprus.
The contractual partner declares by accepting ECOMLIKE’s offer or by commissioning ECOMLIKE, whether verbally, in writing or by online form, that they are a business person acting on their own behalf according to the law.
ECOMLIKE assumes of all visitors to their published internet site (clients, customers, users, and interested persons), that they are business people in the eyes of the law and that they are registered traders. As a principle ECOMLIKE is not obliged to check this presumption. In addition, every person who makes written or telephone contact with ECOMLIKE declares that they are a business person (a trader in the legal sense – not a founder of a new business). Should a person not agree with this provision they are asked not to request any information through ECOMLIKE, and in particular to not request any services through ECOMLIKE.
This is result of basis regulations on the right of withdrawal and cancellation. Fundamentally and with reference to the previously named provisions, a right of withdrawal and cancellation is basically precluded.
- Contractual Partner Obligations
The contractual partner is responsible in all cases for the correct entry of their data, which is required for the execution of the contract and/or the use of services. The contractual partner must inform ECOMLIKE of any changes immediately and in writing. The client must avoid any impression in legal relations or business dealings that they are responsible for the content assigned to ECOMLIKE. The client is obligated to maintain the correctness of data saved by ECOMLIKE and to ensure they are always contactable by post or digital means (email). Possible losses by the contractual partner which result directly or indirectly from ECOMLIKE being unable to reach them in writing will not be assumed by ECOMLIKE. The obligation to research does not lie with ECOMLIKE. If the contractual partner does not inform ECOMLIKE in writing of any changes to their contact data, written statements count as issued if they were sent to the last address to be recognised by ECOMLIKE. This applies also and especially to deliveries via electronic mail.
The contractual partner will supply ECOMLIKE with all information and documents required for the provision of the requested or ordered service without delay. They will inform ECOMLIKE of all processes which are of importance to the carrying out of the mandate, even if these circumstances only arise during the execution of the mandate.
The mandator is obligated to check all information made available for the execution of the mandate (company names, product descriptions, logos, domain names, etc.) for possible existing copyright, trademark right or other third party rights issues. ECOMLIKE expressly does not assume liability for the violation of another’s rights.
- Compensation for Services Rendered
If nothing else has been agreed in writing with ECOMLIKE there exists an entitlement by ECOMLIKE to charge a fee for every service in advance. All ECOMLIKE services, which are not expressly compensated by the agreed fee/ compensation/ reimbursement, will be calculated separate for the mandator by ECOMLIKE. All ECOMLIKE expenditures are to be reimbursed by the contractual partner. ECOMLIKE reserved the right to change the compensation for services rendered if costs rise or fall after the signing of the contract, in particular due to price rises by third parties. Upon the request of the mandator, ECOMLIKE will present the reasons for the prise fall/ rise.
The compensation for services rendered is due for payment by the contractual partner immediately and without delay within 7 working days from the date of invoice. In the event of default ECOMLIKE is entitled to demand interest from the mandator at 4 percentage points above the bank rate per year. If ECOMLIKE should be in a position to prove greater damage has been done by default or is entitled to claim a higher percentage by law, they are entitled to claim this. In addition ECOMLIKE is entitled to cease all services immediately in the event of default. ECOMLIKE also has the right to halt their services in part or in full after a singular reminder, at the latest 14 days after default of payment. ECOMLIKE is at liberty to make use of the right of retention as regards business data and documents or other items handed over to them. Upon reimbursement of all demanded sums by the contractual partner, ECOMLIKE declares itself prepared to surrender all of these kept under the right of retention to the contractual partner.
The mandator should raise any objections to invoices from ECOMLIKE immediately upon receipt of the invoice. Objections do not entitle the contractual partner to demand back sums already paid. If ECOMLIKE acknowledges the objection in part or in full, ECOMLIKE will reimburse the overpaid amounts to the contractual partner. If the contractual partner arranges for a return debit note, the associated costs to ECOMLIKE will be borne by the contractual partner and this entitled ECOMLIKE to terminate the whole contract with good cause. The mandator is only entitled to the right to set-off if their counterclaim can be legally established and this is recognised by ECOMLIKE. In addition, he is only authorised to exercise a right of retention in as far as his counterclaim is based upon the same (individual) contractual relationship.
- External Services / Engagement of Appropriate Third Parties
ECOMLIKE is entitled, at their own discretion, to carry out the submitted and/or ordered services of the mandator themselves, to avail themselves or the provision of services covered by the contract by appropriate third parties and/or to substitute such services („supply agent“). ECOMLIKE will carefully select supply agents and see to it that these are in possession of the required specialist qualifications. ECOMLIKE will only assume debt collection for services performed if in this case this service forms part of the offer.
- Liability
ECOMLIKE is liable according to legal requirements only on the basis of a deliberate and imputable or gross negligence or if ECOMLIKE has violated a fundamental contractual obligation at least through slight negligence. Otherwise liability is precluded. ECOMLIKE’s liability is also precluded if the contractual partner has not fulfilled their duty of notification. Should the contractual partner be entitled to compensatory damages in place of services, this liability is limited to the compensation of foreseeable, typically occurring damages.
The contractual partner must make any claims and justify these to ECOMLIKE in writing at the latest within ten days after the provision of the service or work. In the case of justified and timely claims the contractual partner is entitled to rectification of defects or an exchange of services by ECOMLIKE. With a justified claim the shortcomings will be rectified within an appropriate amount of time, for which the contractual partner should make all necessary measures possible for ECOMLIKE to investigate and correct these defects. ECOMLIKE is entitled to refuse to improve a service if this is impossible or if it would involve a disproportionately high expenditure for ECOMLIKE. The existence of deficiencies on the delivery date, the date of the deficiency was established and the timeliness of the receipt of the complaint must be proven by the contractual partner beyond all doubt. ECOMLIKE cannot fundamentally guarantee the availability of a name (domain). ECOMLIKE is not liable for damages which result for the client from not having their name or branch registered, account opening or similar circumstances. Liability for any mail delivery is expressly precluded.
Legal and taxation issues: ECOMLIKE LTD does not provide any tax, legal or financial advice. You should therefore seek detailed advice from your trusted adviser before the implementation/publishing of any service or work. This measure counts above all for advice on the complete content of these terms and conditions.
In case ECOMLIKE is assisting with the contracting with third parties the following applies: With the opening of the desired service account(s) for the client, the performance obligation on the part of ECOMLIKE comes to an end. ECOMLIKE is no longer obligated to continue providing services to the service provider or to its client which concern the service account which has successfully been procured by ECOMLIKE. The client/mandator, by signing their account application, commits themselves to an exclusive business and contractual relationship with the respective service provider, Entitlements to benefits, demands, support etc. are matters for the agreement between the service provider and the mandator.
Licenses and permits: Submitted licences and permits require the approval of the appropriate legitimate authorities or facilities. Such decisions are not essentially predictable. For this reason ECOMLIKE accepts no liability for the rejection of applications for licenses / permits or for the consequences for the applicant or mandator. In no case does the mandator or applicant have a claim for reimbursement by ECOMLIKE because the service offered by ECOMLIKE is always of an „intermediary“ nature and not of fee on the basis of success. Demands, such as for damages among other things, cannot be entertained in such circumstances.
ECOMLIKE advises that payments (fees) are predominantly first declared due by ECOMLIKE and authorities when these represent an actually reference to advancement in the present case.
- Data Protection
ECOMLIKE raises, saves and processes attained data within the framework of the contractual relationship and in accordance with the legal data protection regulations of Cyprus, indeed on the one hand this is for the fulfilment of contractual obligation and on the other to comply with legal obligatory documentation requirements. Personal data will be raised by ECOMLIKE within the context of the purchase of services, work or any other offer. These data will be used exclusively for the purposes of executing the contract and for mandator support, as well as for internal statistics. The mandator gives their consent for this. Data will not be transferred to those outside of the company or to unauthorized third parties (except in the case of legal action by ECOMLIKE against the contractual partner or use of sub-contractors/sub-agents).
- Right of Retention
ECOMLIKE is, in cases of outstanding claims against the contractual partner, fundamentally entitled to retain all services, correspondence, papers and documents, also in digital form, until such time as all claims are repaid in full. There still exists the right to sue the contractual partner for non-payment.
- Notice Periods
Unless explicitly agreed otherwise, the parties are entitled to terminate the contractual relationship in writing and by registered mail, with a notice period of three months to the end of each calendar year. The parties retain the right to terminate the contract with good cause in exceptional situations. Good cause can be established particularly in the following situations:
a.) The contractual partner is in default of payment to ECOMLIKE, the bond of trust between the parties has been irreparably damaged.
or
b.) the contractual partner repeatedly and culpably breaches their obligations in their contractual relationship with ECOMLIKE.
The cancellation announcement is to be made in writing and sent by registered mail in all cases. In the case of justified termination in keeping with the points outlined above, ECOMLIKE is in no case obliged to repay any money received from the contractual partner. A requirement for ECOMLIKE to repay the contractual partner is fundamentally and irrevocably precluded in this case.
- Final Clauses
This contract is subject to the law of the Republic of Cyprus. Changes to the General Terms & Conditions will be published as already demonstrated. Changes are considered to be authorized, should the contractual partner not object within the stated notice period. ECOMLIKE will make special reference to this in the communication or publication. The objection must be received by ECOMLIKE within a month of publication of the communication or publication.
- Court of Jurisdiction
For all disputes arising from a contractual relationship between ECOMLIKE and the client, the exclusive place of jurisdiction and place of execution is the location of the ECOMLIKE’s headquarters. The law of the Republic of Cyprus applies exclusively. In all other unregulated cases, the place of jurisdiction is based on the statutory provisions of the Republic of Cyprus.
We advise that every businessman should obtain the advice of personal financial, legal and tax advisors who are acquainted with their personal financial and tax circumstances. You alone are responsible for the fulfilment of all tax obligations.