User Terms Of Service.

Last updated on: January 12th 2020

By signing up for, or using the Krepling services or any of the services of Krepling Inc. or its affiliates (“Krepling”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Krepling under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”). Any such services offered by Krepling 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. Krepling reserves the right to update and change the Terms of Service by posting updates and changes to the Krepling website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

1. Account Terms

 

To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of sixteen.

 

To access and use the Services, you must register for a Krepling account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Krepling may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

You acknowledge that Krepling will use the email address you provide as the primary method for communication.

You are responsible for keeping your password secure. Krepling cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

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”).

A breach or violation of any term in the Terms of Service, including the LAP, as determined in the sole discretion of Krepling will result in immediate termination of your services.

2. Account Activation

 

2.1 Krepling Account

Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account 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 Account Owner in connection with the Service.

If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.2 Multiple Accounts

Users may not jump to multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.

2.3 Prepayment

It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

2.4 Autorenewal

Unless otherwise provided, you agree that until and unless you notify Krepling of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card, Paypal or other billing information on file with us.

2.5 Taxes

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Krepling’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

2.6 Late Payment

All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Krepling may suspend or terminate your account and pursue the collection costs incurred by Krepling, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Krepling will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

2.7 Domain Payments

Upon purchasing a domain name through Krepling, domain registration will be preset to automatically renew each year so long as your Krepling Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

2.8 Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Krepling may report any such misuse or fraudulent use, as determined in Krepling’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

2.10 Invoice Disputes

You have ninety (90) days to dispute any charge or payment processed by Krepling. If you have any questions concerning a charge on your account, contact our sales department directly for assistance.

3. Krepling Rights

 

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, blog or any form of business that has been created using the Krepling services violate our Legal Actions Policy (“LAP”) or these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any Krepling customer, Krepling employee, member, Expert or officer will result in immediate Account termination.

Krepling does not pre-screen materials and it is in our sole discretion to refuse or remove any materials from the Service.

We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Krepling employees and contractors may also be Krepling customers/business builders and that they may compete with you, although they may not use your confidential information in doing so.

In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, etc.

Krepling retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Krepling reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

4. Limitation of Liability

 

You expressly understand and agree that Krepling shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

In no event shall Krepling or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the LAP), or your violation of any law or the rights of a third party.

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

Krepling does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

Krepling does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

Krepling does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

5. Customer Content

 

We do not claim any intellectual property rights over the materials you provide to the Krepling platform. All the materials you upload remains yours. You can remove your Krepling business at any time by deleting your Account with Kreling or by contacting us through a support ticket.

By uploading materials, you agree: (a) to allow other internet users to view the materials you post publicly to your store; (b) to allow Krepling to store, and in the case of materials you post publicly, display, your materials; and (c) that Shopify can, at any time, review all the materials submitted to its Service, although Krepling is not obligated to do so.

You retain ownership over all materials that you upload to a Krepling/Weebly website; however, by making your website public, you agree to allow others to view materials that you post publicly to your store. You are responsible for compliance of the materials with any applicable laws or regulations.

We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing our services. Your Confidential Information includes any Materials or information provided by you to us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

Krepling shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

 

 

6. Payment of Fees

 

You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Business when using all payment providers, and any fees relating to your purchase or use of any products or services such as Krepling Hosting, shipping, apps, Themes, domain names, Experts Marketplace, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.

You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Krepling will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Krepling will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

Subscription Fees are paid in advance and will be billed in 30-day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Krepling’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Business Owner via the email provided. As well, an invoice will appear on the Account page of your Business’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 30 days following the date of suspension, Krepling reserves the right to terminate your Account.

All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Krepling’s products and services. To the extent that Krepling charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Krepling of your exemption. If you are not charged Taxes by Krepling, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

For the avoidance of doubt, all sums payable by you to Krepling under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Krepling to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Krepling shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.

You must maintain an accurate location in the administration menu of your Krepling Business. If you change jurisdictions you must promptly update your location in the administration menu.

Krepling does not provide refunds.

 

7. Cancellation and Termination

 

You may cancel your Account at any time by emailing [email protected] and then following the specific instructions indicated to you in Krepling’s response.

Upon termination of the Services by either party for any reason:

Krepling will cease providing you with the Services and you will no longer be able to access your Account;

unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;

Any outstanding balance owed to Krepling for your use of the Services through the effective date of such termination will immediately become due and payable in full, and your business website will be taken offline.

If you purchased a domain name through Krepling, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider if you have not registered it with us.

If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

We reserve the right to modify or terminate the Krepling Service or your Account for any reason, without notice at any time.

Fraud: Without limiting any other remedies, Krepling may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the site.

 

8. Experts and Third Party Apps

 

You can engage and work with a Krepling Expert or staff member directly or through buying certain services in the Client Area.

Any use by you of Third Party Apps offered through the Services or Client Area, is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Krepling may receive a revenue share from Third Party Providers that Krepling recommends to you or that you otherwise engage through your use of the Services or Client Area.

We do not provide any warranties with respect to Third Party Services or Apps. You acknowledge that Krepling has no control over Third Party Services or Apps and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services or Apps on Krepling’s website, including the Krepling Client Area, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Krepling. Krepling does not guarantee the availability of Third Party Services and you acknowledge that Krepling may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Krepling is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Krepling strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.

 

You acknowledge and agree that: (i) by submitting a request for assistance, service or other information upon purchasing any of the Services, you consent to being contacted by one or more Experts at the Account Owner’s registered email address (or such other email address provided by you) as well as the applicable user email address; and (ii) Krepling will receive all email communications exchanged via Experts Marketplace or in any reply emails (each a “Reply”) that originate from Experts Marketplace (directly or indirectly) between yourself and Experts. You further agree that Krepling may share your contact details and the background information that you submit via the website or Client Area with Experts. Experts may require access to certain admin pages on your own website.

The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Krepling is not obligated to intervene in any dispute arising between you and a Third Party Provider.

Under no circumstances shall Krepling be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Krepling has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

 

9. Intellectual Property Protection

 

Krepling supports the protection of intellectual property and asks Krepling users to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our users is infringing their intellectual property rights, they can send a DMCA Notice to Krepling’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the user from engaging in the infringing activity, otherwise, we restore the material.

10. Krepling Confidential Information

 

During the course of your use of the Services, you may receive information relating to us, or to the Services, that is not known to the general public including information related to our security program and practices. You agree that: (a) Krepling Confidential Information will remain Krepling’s exclusive property; (b) you will use Krepling Confidential Information only as is reasonably necessary for your use of or participation in the Services; (c) you will not otherwise disclose Krepling Confidential Information to any third party, except that you may disclose to your affiliates, employees, subcontractors and agents who, in each case, are subject to confidentiality obligations at least as protective of the Krepling Confidential Information as those contained in these Terms of Service; and (d) you will take all reasonable measures to protect the Krepling Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Service.

11. Disclosure to Law Enforcement

 

Krepling may disclose user information to law enforcement agencies without further consent or notification to the user upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

12. Changes to the Terms of Service

 

Krepling may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Krepling website or Announcements tab for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

Krepling reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Contacting Krepling

 

Please also feel free to contact us if you have any questions about Krepling’s User Terms of Service. You may contact us at [email protected] or at our mailing address below:

Krepling Inc
99 Wall Street #1433
New York, NY 10005
United States

© Copyright 2020 Krepling Inc.  All rights reserved. Various trademarks held by their respective owners.