Create your own free online transact store

You are just a few steps away from having a FREE Shopcreator online store

Simply enter you details below:

All fields marked with an * are required.

Step 1 of 5. Tell us about your shop...

Website Name:* This can not be changed

Your address (URL) of your store will be:

http://www.shopcreator.com/mall/

Later you can buy your own domain (www.mystore.com) within the store admin.

Category:

Aim of the site:

Address:*

Street:

Town:*

Postcode:*

County:*

Country:* (Currently only available in the UK )

Step 2 of 5. Tell us a bit about you...

Name:*

Email Address:* (Login details will be sent here.)

Telephone Number:*

Mobile Number:

Where did you hear about us?*

Date of Birth:* (Minimum sign up age 18.)

Step 3 of 5. Fill in your direct debit details...

Originators Identification Number 9 6 2 8 6 6

Instruction to your Bank or Building Society to pay by Direct Debit.

Please pay Selfserve (UK) Ltd Direct Debits from the account detailed in the instruction subject to the safeguards assured by the Direct Debit Guarantee, I understand that this instruction may remain with Selfserve (UK) Ltd and, if so, details will be passed electronically to my Bank/Building Society.

Name(s) on Account(s):*

Name 2 - optional

Account Number:*

Bank Sort Code:*

- -

Name of Bank:*

Bank Street:*

Bank address - Town/City:*

Bank Address - County:*

Bank Postcode*

The Direct Debit Guarantee

This Guarantee is offered by all Banks and Building Societies that take part in the Direct Debit Scheme.
The efficiency and security of the Scheme is monitored and protected by your own Bank or Building Society.
If an error is made by Selfserve (UK) Ltd or your Bank or Building Society you are guaranteed a full and immediate refund from your branch of the amount paid.
You can cancel a Direct Debit at anytime by writing to your Bank or Building Society. Please also send a copy of the letter to us.

Step 4 of 5. Read and agree to our Terms & Conditions...

Note: Shopcreator websites must not be used for pornographic or illegal activities. By signing up for this site, you are agreeing to Shopcreator's Acceptable Use Policy.

Shopcreator web sites must not be used for pornographic or illegal activities. By purchasing this site, you are agreeing to Shopcreator's Acceptable Use Policy.

THIS WILL BE EMAILED TO YOU FOR YOUR RECORDS

Shopcreator Transact Terms and Conditions

THIS IS AN AGREEMENT between Selfserve (UK) Ltd ("Shopcreator") and you
PURPOSE

Shopcreator provides software and facilities to enable websites to be created, to enable access to such websites and to the goods and services available from such websites using the Internet. The purpose of this agreement is to set out the terms and conditions upon which Shopcreator will do this.
DEFINITIONS

"Optional Extra" means any software (other than the Software) or other facilities for use in connection with doing business using the Internet currently available from Shopcreator for use by a User and/or which are in the future to be developed by and/or made available to a User by Shopcreator;

"Charges" means the standard charges published by Shopcreator from time to time;

"Commencement Date" means the date on which the User creates a Shopcreator store via the internet and thereby utilises Shopcreator for provision of the Hosting Facilities;

"Data" means information about corporate entities or individuals who access a website being hosted by Shopcreator under the terms of this Agreement;

"Hosting Facilities" means organising and making available to the User necessary hardware, the Services and access to a telecommunications network so as to make available for access and use the website of the User created using the Software over the Internet by any person with the necessary hardware and software to do so;

"Service Level" means providing the hosting facilities for 95% of the time in any Year of this Agreement;

"Services" means the Software and/or any Optional Extra.

"Software" means such part of the software developed by Shopcreator which enables a User to create and operate a website using the Internet

"Usage" means making the User"s website accessible using the Internet.

"User" means a person using the Hosting Facilities to create and operate a website at any time from time to time;

"Writing" includes e-mail (subject to clause 9), facsimile transmission and comparable means of communication, such communications to be between authorised personnel of both the Agency and Client.

AGREEMENT

1. Hosting Facilities

1.1 Shopcreator will use its best endeavours to provide to the User the Hosting Facilities from the Commencement Date until this agreement is terminated and to make such Hosting Facilities available at the agreed Service Level.

1.2 Shopcreator will provide Technical Support via telephone from 9am to 5pm Monday to Friday on 0845 12 11 400, support is also available via email at support@shopcreator.com

1.3 Shopcreator reserves the right to vary the technical specification of the Hosting Facilities provided that such variations do not materially adversely affect the nature or quality of such Hosting Facilities.

1.4 Shopcreator may from time to time suspend provision of the Hosting Facilities to enable the repair, maintenance, or improvement of such Hosting Facilities. In doing so, Shopcreator will use its reasonable endeavours to cause the minimum disruption to the User. Any such suspension will not count as time in any Year of this Agreement during which the Hosting Facilities are not available when calculating whether or not Shopcreator has met the Service Level in any Year of this Agreement.

1.5 Shopcreator will provide the Hosting Facilities with reasonable care. Shopcreator may include a hyper link from its own website to the website of the User where Shopcreator is providing Hosting Facilities. The purpose of the hyper link would be to facilitate access to the User"s website by persons wishing to access the User"s website.

2 User Licence/

2.1 The User only has the right to access and use the Hosting Facilities and in particular the Software and/or the Optional Extra during the period from the Commencement Date to the date this Agreement is terminated.

2.2 The User after the termination of this Agreement shall not have and shall not have acquired any right to use the Hosting Facilities or any part of them or any right whatsoever to continue the use of the Hosting Facilities and in particular the Software and/or the Optional Extra and/or the website created by or for the User using the Hosting Facilities.

3 User’s representatives

3.1 The User shall notify in Writing to Shopcreator on or before the Commencement Date the identity of the person(s) who shall act as the sole contact point and channel of communication for the provision by Shopcreator of the Hosting Facilities. The User shall forthwith inform Shopcreator of any change in the identity of any such person.

4 The User"s responsibilities

4.1 The User shall at its own expense supply Shopcreator with all necessary documents and/or other materials and all necessary data or other information as may be reasonably requested by Shopcreator to enable the Hosting Facilities to be made available to the User.

4.2 The User will do all such things as Shopcreator may reasonably request to enable Shopcreator to make the Hosting Facilities available to the User provided that in doing so, the User does not incur substantial costs.

4.3 The User shall ensure the accuracy of all documents, other materials, data and other information made available to Shopcreator. The User shall at its own expense retain copies of all such documents, materials, data and information and insure against their accidental loss or damage.

4.4 The User will not use the website in respect of which Shopcreator is providing Hosting Facilities to knowingly receive, store, transmit, allow access to or otherwise communicate, or reproduce any material including images which in the reasonable opinion of Shopcreator are or are likely to be illegal, unlawful, or in breach of applicable regulations or any recognised industry standards and/or codes of conduct. Such materials including images will be by way of illustration and not by way of limitation, the following types of material:

4.4.1 offensive, abusive, indecent, obscene, pornographic, defamatory, menacing or violent;

4.4.2 the publication of which would be in breach of confidence and/or privacy;

4.4.3 its publication would be an infringement of copyright, trademarks or any other intellectual property rights of any person.

4.5 Shopcreator may forthwith cease either temporarily or permanently making available the Hosting Facilities and either in respect of the whole or any part of the User"s website from time to time if Shopcreator reasonably considers with any material on the User"s website is clearly illegal or unlawful or of the type referred to in clause 4.4.

4.7 Shopcreator will notify the User that it has or intends to cease making available the Hosting Facilities. Wherever it is legally or otherwise prudent to do so, Shopcreator will give the User notice that it requires identified material to be removed forthwith from the User"s website before Shopcreator ceases to make the Hosting Facilities available. Shopcreator shall have no obligation to give any such notice.

5 Invoicing and Payment of the Charges

5.1 Shopcreator will invoice the user monthly for all transactions performed on the site hosted by Shopcreator for the user.

5.2 Payment terms are strictly 30 days from the invoice date. Interest will be charged on payments which exceed 30 days from the date of invoice at 8% above the Bank of England base rate.

5.3 Fees per transaction are as follows:
Total Order Revenue Per Month (£) 	Percentage Fee
Up to £500  						5.5%
From £501 to £1000 					5.0%
From £1001 to £2000 				4.0%
From 2001 to £5000 					3.0%
£5001 + 							2.0%

6 Trade Marks

6.1 The User will only use the registered trade mark SHOPCREATOR and/or any other trade mark of Shopcreator to the extent that such trademarks are made available to the User as part of the Hosting Facilities. The User has no right and will acquire no right to use such trademarks other than as made available by Shopcreator as part of the Hosting Facilities. All use of such trade marks by the User will be for the benefit of Shopcreator and the goodwill arising from the use of such trademarks will accrue to and belong to Shopcreator and will be assigned to Shopcreator at its request at any time whether during or after the term of this Agreement.

7 Data Protection and Privacy

7.1 Shopcreator provides Hosting Facilities for the website of a User in virtual shopping centres. This has a number of benefits for all Users.

7.2 The User acknowledges that one of those benefits is that Shopcreator collects and organises the Data about persons accessing websites for which Shopcreator provides Hosting Facilities. The User agrees that this Data is the property of Shopcreator which owns all the intellectual property and other rights in and relating to it.

7.3 Shopcreator can only make this benefit available for its Users if appropriate data protection and privacy statements are included in the websites of such Users. Accordingly, the User agrees to include on its website the data protection and privacy statements provided by Shopcreator from time to time and relevant information about the User required in such statements as a condition of Shopcreator providing the Hosting Facilities in respect of the User"s website. Such statements form part of the facilities provided by Shopcreator to enable websites to be created by the User and are also available from Shopcreator on request.

8 Confidentiality

8.1 Each of the parties hereto undertakes to the other to keep confidential all information (written or oral) concerning the business and affairs of the other that it shall have obtained or received as a result of the discussions leading up to or of the entering into of this agreement save that which is:

8.1.1 trivial or obvious;

8.1.2 already in its possession other than as a result of a breach of this clause; or

8.1.3 in the public domain other than as a result of a breach of this clause

8.2 Each of the parties undertakes to the other to take all such steps as shall from time to time be necessary to ensure compliance with the provisions of clause 6.1 above by its employees agents and sub-contractors.

9 Limitation of Liability
THE USER"S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE 10

9.1 The following provisions set out Shopcreator"s entire liability (including any liability for the acts and omissions of its employees agents and sub-contractors) to the User in respect of:

9.1.1 any breach of its contractual obligations arising under this agreement; and

9.1.2 any representation statement or tortuous act or omission including negligence arising under or in connection with this agreement ("Events of Default")

9.2 Shopcreator"s liability to the User for death or injury resulting from its own negligence or that of its employees" agents" or sub-contractors" negligence shall not be limited.

9.3 Subject to the provisions of clause 10.2 above Shopcreator"s entire liability in respect of any Event of Default shall be limited to damages of an amount equal to £250, 000 in the case of an Event of Default.

9.4 Subject to clause 10.3 above Shopcreator shall not be liable to the User in respect of any Event of Default for loss of profits goodwill or any type of special indirect or consequential loss (including loss or damage suffered by the User as a result of an action brought by a third party) even if such loss was reasonably foreseeable or Shopcreator had been advised of the possibility of the User incurring the same.

9.5 If a number of Events of Default give rise substantially to the same loss then they shall be regarded as giving rise to only one claim under this agreement.

9.6 The User hereby agrees to afford Shopcreator not less than 30 days (following notification thereof by the User) in which to remedy any Event of Default hereunder.

Except in the case of an Event of Default arising under clause 10.2 above Shopcreator shall have no liability to the User in respect of any Event of Default unless the User shall have served notice of the same upon Shopcreator within 6 months of the date it became aware of the circumstances giving rise to the Event of Default or the date when it ought reasonably to have become so aware. Nothing in this clause shall confer any right or remedy upon the User to which it would not otherwise be legally entitled.

10 Validity of electronic mail documents and other electronic data

10.1 The User agrees that:

10.1.1 these terms and any documents and other data shall not be denied legal effect, validity or enforceability solely on the grounds that they are displayed or transmitted electronically from the Shopcreator to the User or from the User to Shopcreator using any means of electronic communication including the Internet and accepted electronically over the Internet;

10.1.2 a document or other data sent by any means of electronic communication including the Internet shall not have legal effect, validity or enforceability unless and until all the required information being communicated or intended to be communicated is received in one transmission by one of the parties;

10.1.3 if not acknowledged, then any document or other data sent by any means of electronic communication including the Internet will be treated as never having been sent. Notwithstanding this, Shopcreator may in its absolute discretion recognise and act upon any document or other data sent by any means of electronic communication including the Internet which has not been acknowledged; and

10.1.4 the time of receipt by either party of all the required information being communicated or intended to be communicated will be the time at which all the required information sent electronically in one transmission by one of the parties enters the system set up by or on behalf of the other.

10.2 For the purposes of this clause any means of electronic communication shall not include any transmission by a fax system from one party to the other.

11 Notices

11.1 Any notice request instruction or other document to be given hereunder shall be in Writing to the address or facsimile number or e-mail address of the other party

12 Entire agreement

12.1 Shopcreator shall not be liable to the User for loss arising from or in connection with any representations agreements statements or undertakings made prior to the date of execution of this agreement other than those representations agreements statements or undertakings confirmed by a duly authorised representative of Shopcreator in Writing or expressly incorporated or referred to in this agreement.

13 Assignment and sub-licensing

13.1 The User shall not be entitled to assign or otherwise transfer this agreement nor any of its rights or obligations hereunder without the prior written consent of Shopcreator.

14 Force majeure

14.1 Neither party hereto shall be liable for any breach of its obligations hereunder other than any obligation to pay any money resulting from causes beyond its reasonable control including but not limited to fires strikes (of its own or other employees) insurrection or riots embargoes container shortages wrecks or delays in transportation inability to obtain supplies and raw materials requirements or regulations of any civil or military authority (an ‘Event of Force Majeure’).

14.2 Each of the parties hereto agrees to give notice forthwith to the other upon becoming aware of an Event of Force Majeure such notice to contain details of the circumstances giving rise to the Event of Force Majeure.

15 Waiver

15.1 The waiver by either party of a breach or default of any of the provisions of this agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.

16 VAT

16.1 All sums due under this Agreement are exclusive of any Value Added Tax which will be payable in addition on the rendering by Shopcreator of any appropriate Value Added Tax invoice.

17 Law

17.1 This agreement shall be governed by and construed in accordance with English law.

18 Dispute resolution

18.1 In the event of any dispute or difference arising between the parties in connection with this Agreement, senior representatives of the parties shall, within 30 days of a written request from either party to the other addressed in respect of Shopcreator to the Customer Services Manager meet in a good faith in London in an effort to resolve the dispute without recourse to legal proceedings.

18.2 If the dispute or difference is not resolved as a result of such meeting, either party may (at such meeting or within 14 days from its conclusion) propose to the other in Writing that structured negotiations be entered into in London with the assistance of a neutral advisor and mediator ("Neutral Advisor")

18.3 If the parties are unable to agree on a Neutral Advisor or if the Neutral Advisor agreed upon is unable or unwilling to act, either party shall within 14 days from the date of the proposal to appoint a Neutral Advisor or within 14 days of notice to either party that he or she is unable or unwilling to act, apply to the Centre for Dispute Resolution ("CEDR") of 100 Fetter Lane, London, EC4A 1DD to appoint a Neutral Advisor.

18.4 The parties shall within 14 days of the appointment of the Neutral Advisor meet with him/her in order to agree a programme for the exchange of any relevant information and the structure to be adopted for the negotiations to be held in Leeds. If considered appropriate, the parties may at any stage seek assistance from CEDR to provide guidance on a suitable procedure.

18.5 Unless concluded with a written legally binding agreement all negotiations connected with the dispute shall be conducted in confidence and without prejudice to the rights of the parties in any future proceedings.

18.6 If the parties accept the Neutral Advisor"s recommendations and otherwise reach an agreement on the resolution of the dispute, such agreement shall be reduced in writing and, once it is signed by their duly authorised representatives, shall be binding on the parties.

18.7 If the parties fail to reach agreement in the structured negotiations within 30 days of the Neutral Advisor being appointed then any dispute or difference between them may be referred to the Courts. In which case the parties hereto agree to submit to the exclusive jurisdiction of the English courts.

19 Duration of agreement

19.1 This agreement shall continue until terminated in accordance with the provisions of clause 20.

20 Termination

20.1 This agreement may be terminated:

20.1.1 subject to clause 2.1 by the User or Shopcreator upon giving not less than one (1) month"s notice to Shopcreator;

20.1.2 forthwith by Shopcreator if the User fails to pay any of the Charges on the due date therefore;

20.1.3 forthwith by either party if the other commits any material breach of any term of this agreement (other than one falling within 21.1.2 above) and which (in the case of a breach capable of being remedied) shall not have been remedied within 7 days of a written request to remedy the same;

20.1.4 forthwith by either party if the other shall convene a meeting of its creditors or if a proposal shall be made for a voluntary arrangement within Part I of the Insolvency Act 1986 or a proposal for any other composition scheme or arrangement with (or assignment for the benefit of) its creditors or if the other shall be unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or if a trustee receiver administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other or for the making of an administration order (otherwise than for the purpose of a solvent amalgamation or reconstruction).

20.2 Any termination of this agreement pursuant to this clause shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

21 Acceptance of the Terms

21.1 You will not be able to proceed further with your application to become a User of the Shopcreator software and all its related facilities to enable the creation of websites and the Hosting Facilities unless you click the icon following this Agreement marked "Accept". By doing so you will acknowledge that you have read all of these terms and that you agree to them.

I Agree To the Terms and Conditions

Step 5 of 5. verification...

Store Creation can take a few minutes. Please be patient.

Please note the automatic Transact store creator is for UK customers only. If you live outside the UK and would like a Shopcreator store please contact sales direct on 0845 12 11 400 or email sales at sales@shopcreator.com

Transact Fees

Monthly fees are payable by Direct Debit. The direct debit will be taken from your account on or around the 28th of the following month, this will show on a bank statement as Selfserve (UK) Ltd. You will receive an invoice via post or email. Please enter your details during the sign up process. It is an offence to knowingly provide false direct debit information.

Total Order Revenue Per Month (£)	Percentage Fee
Up to £500	5.5%
From £501 to £1000	5.0%
From £1001 to £2000	4.0%
From 2001 to £5000	3.0%
£5001 +	2.0%

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