Terms & conditions of sales
Please find below the terms and conditions GCS for Webymind's online store available at this address:
1. ACCEPTANCE OF GENERAL TERMS & CONDITIONSThe customer acknowledges having read, at the time of placing the order, the special terms and conditions of sale set out on this screen and expressly declares that he accepts them without reservation.
Webymind reserves the right to adapt or modify at any time the present general conditions of sale.
In case of modification, the general terms and conditions of sale in force on the day of the order will be applied to each order.
These General Terms and Conditions of Sale are concluded between :
WEBYMIND, registered with the Mauritius Trade and Companies Register under number B I 2 1 00 56 33 and whose registered office is located at , Reunion Maurel, 30713 Petit Raffray, which operates the WEBYMIND website hosted at the following url address: www.webymind.com.
(hereinafter referred to as “WEBYMIND”).
The Customer having subscribed to the service in accordance with the terms and conditions stipulated below, whether they are a Customer or a Prospect.
(hereinafter referred to as “The Customer”).
Article 1 – Purpose and application of the general conditions
The present General Terms and Conditions of Sale govern the relationship between WEBYMIND – representing WEBYMIND Services – and the Customers.
These General Terms and Conditions of Sale define the conditions, restrictions and obligations that the Customer accepts by subscribing to the Services.
The provisions of the present General Terms and Conditions of Sale apply between WEBYMIND and its Customers, regardless of the sales channel.
Registration for the Services entails the express and unreserved acceptance by the Customer of these General Terms and Conditions of Sale,
which they undertake to respect, and excludes the application of any different or contrary provisions that may appear on commercial documents or on the Customer’s general terms and conditions of purchase.
Acceptance of the General Terms and Conditions of Sale by one of its employees or co-workers is deemed to be made in the name and on behalf of the Customer by a duly authorized person.
In the event of ambiguity and/or contradiction between these General Terms and Conditions of Sale and any other document appearing on the website or any other commercial or advertising document published by WEBYMIND, these General Terms and Conditions of Sale will prevail.
In the absence of a physical document signed by the parties, the Customer’s acceptance and the formation of the Contract are indicated by their electronic signature, in the physical form of the “confirmation click” on the website www.webymind.com.
This electronic signature has the value of a handwritten signature between the parties, the Customer acknowledging having fully read and approved, without reserve, all the Conditions indicated below.
The General Terms and Conditions of Sale described below also apply to such periods of free use, which may be granted by WEBYMIND to its Prospects to enable them to familiarize themselves with WEBYMIND products and Services.
Article 2 – Legal information
The Website is the exclusive property of the company WEBYMIND, registered with the Mauritius Trade and Companies Register under number
B I 2 1 00 56 33 and whose registered office is located at Reunion Maurel, 30713 Petit Raffray. WEBYMIND is the owner of the domain name www.webymind.com.
WEBYMIND Website is hosted by ONLINE (trade name INOS– 1O1 & REGISTER.MU- E-COM) whose head office is located in Germany and WEBYMIND as its Legal Partner in Mauritius.
WEBYMIND operates an Internet Site on which e-merchants Subscription in order to use services, in particular an WEBYMIND Showcase WEBSITE and E-COMMERCE web app service for their customers who have created a customer account or
not for opt-in customers who are part of the webymind network.
Webymind.com website also offers Partners E-marketing Solution as service that enables E-Marketing Services to be sent to the said customers,
to benefit from statistics on the conversion rate of campaigns, as well as a set of services enabling the e-merchant to carry out marketing and communication actions with their contacts.
Article 3 – Definitions
The following terms shall have the meanings set forth herein unless otherwise specified. “GTC”: refers to the General Terms and Conditions of Sale applicable to the relationship between WEBYMIND and the Customers.
“WEBYMIND”: refers to the Services, the Software and its variations as marketed by the company Freelancer Individual - WEBYMIND.
“Customer”: means any legal or natural person, e-merchant, with legal capacity, having registered on a fee-paying basis or free of charge to use
WEBYMIND Services for professional purposes in compliance with the GTC, including natural person users who use the Services in the name and on behalf of the Customer.
“User”: refers by name to the natural person customer using WEBYMIND Services based on a username, as well as the natural persons who use the Services in the name and on behalf of the Customer.
“Services”: refers to all the services offered to the Customer by the company WEBYMIND via the website www.webymind.com.
“Content”: means any information, text, still or animated image, data, sound, multimedia file, or hypertext link exchanged, communicated and transmitted between the customer and WEBYMIND.
“Contract”: refers to the whole contractual unit between the customer and WEBYMIND, with a view to the use of the WEBYMIND Services and its acceptance of these GTC.
“Internet”: refers to the public network of interconnected server computers with multiple geographical locations around the world.
“Software”: refers to all software offered by WEBYMIND that can be used by Customers using Internet technology.
“Browser”: means software used to navigate computer networks and their databases, particularly on the Internet.
“Cookie”: means a set of information created and stored in a small file by a server on a computer that connects to that server.
This information can be reviewed and changed by the same server when you log in at a later time.
“Host”: refers to the company with which WEBYMIND sub-contracts the hosting of the WEBYMIND Services and the Customer’s databases.
“Registration”: refers to the action of the Customer to register their contact details for the use of the WEBYMIND Services, whether in return for payment or free of charge. Registration is equivalent to an order and acceptance of these GTC.
“Personal Data”: refers to personal data enabling a natural person to be identified directly or indirectly within the meaning of the regulations in force.
“Website”: means the website accessible via the address www.webymind.com from which the Services can be accessed.
“Contacts”: refers to the customers and visitors to the Customers’ e-commerce site to whom WEBYMIND sends, in particular, SMS messages and e-mails in the name of and on behalf of the Customers in the context of the use of the Services.
“Subscription”: means the financial consideration paid monthly by the Customer to WEBYMIND for the use of the Services.
“Dashboard”: means the space made available to the Customer with a username and a password, enabling them to access all WEBYMIND Services.
Article 4 – Characteristics of the Services offered by WEBYMINDWEBYMIND makes available to its Customers a paid service for access to Software that operates using Internet technology and is accessible via this technology.
WEBYMIND provides the Customer with a connection WEB APP Space whose exclusive rights belong to WEBYMIND until the end of Twelve 12 Months Subscription Minimum.
WEBYMIND offers four main types of Services, which are themselves broken down into different functionalities:
Presentation Website | Showcase Website
E-commerce Website | Selling Online
All of these Services are detailed in the “Features” page of the Website.www.webymind.com.
The Customer only has access to the Software or part of the Software for which they have taken out a subscription.
The Customer may have as many simultaneous Users as they wish provided that they have previously created the corresponding usernames.
The Software may be modified based on improvements or updates made, WEBYMIND will communicate to the Customer, within a period of one month, a summary description of the major changes to the Services.
WEBYMIND reserves the right to cease web app Software, provided that it informs the Customer by any means that they may continue to have access to the Software for the duration of
the Subscription to which they have subscribed or has at least one (1) month’s notice before access to the Software is definitively interrupted due to Payment overdue - Regarding to section 5.
The Customer must take all the necessary measures to safeguard their data within this period. The cessation of the marketing | Or Website of a Service by WEBYMIND may not give rise to any compensation or reparation whatsoever to the Customer.
The advice that WEBYMIND may provide is only given for the use of the Software and under no circumstances for the organization or management of the e-merchant’s customer base. It is therefore expressly stated that WEBYMIND provides
Website Services and E-marketing Software as a solution but cannot under any circumstances replace any function of the Customer’s company.
In order to be able to use the Services, the Customer must :
Have Internet access
Having an active account Subscription with WEBYMIND.
Generally speaking, all technical means, as well as telecommunication costs enabling access to and use of the Website and the Services are at the exclusive charge and under the sole responsibility of the Customer.
The Services do not include installation, configuration, adaptation, customisation, nor the adaptation of the Services to the specific needs of the Customer, nor training services.
*Condition - Training Services available before the launch of the service once depending on the Customer Competence and Learning time to use it’s Dashboard and WEB APP.
Any other service that may be provided to the Customer must be the subject of a specific written agreement.
The use of the Services is not accompanied by any other guarantee whatsoever other than those expressly granted herein.
Article 5 – Subscribing to the ServiceThe Customer must connect to the Internet and then to www.webymind.com to contact WEBYMIND Services and in particular its WEB APP, E-commerce, Showcase or E-Marketing services.
Use of the WEBYMIND Services is not possible if the customer does not contact webymind for a website provided by WEBYMIND or should agree to give access to WEBYMIND if they already have a website.
Access to WEBYMIND Services requires the Customer to agree on the Webymind politics after a Physical or Online meeting and accept a proposal deal.
This type of registration is an essential prerequisite for subscribing also WEBYMIND understand your needs for it’s Services.
In the context of this registration, the Customer must provide the following information:
URL address of the Customer’s e-commerce website if they have one.
If they have Only a showCase | Presentation website - ( All required necessary access are compulsory for webymind to work conveniently).
Indicate the e-commerce solution used (of CMS or Build a Web application as from scratch depending on client needs)
All Company & Client legal documents required* (All details are given upon Meeting)
To register, the Customer must accept these General Terms and Conditions of Sale by acceptance of this agreement or just their electronic - signature required for this purpose.
The Customer guarantees that the data communicated, at the time of registration and subsequently, whether mandatory or optional, are accurate, in good faith, and true.
WEBYMIND cannot be held responsible for the provision of false information by the Customer or for the consequences thereof.
The Customer will receive a confirmation email agreement containing all that must be given as acceptance on to validate customer just have to reply by giving their approval with mention
“I acknowledge this contract Agreed - READ and APPROVED by Name of Owner - ID of the Owner !” . or Agreement can also be done by a hardcopy document signed in person with the Customer.
The Customer Might also have to indicate, by clicking on “Yes” or “No”, whether they accept their E-marketing solution logging in to their account and, if so, the Customer will have to provide the approval to Webymind.
The Customer is informed before the launch of their project. All these Features details are given on the website.www.webymind.com .
In some cases, however, manual import will be necessary at a later date with an authorization of the Owner or its admin team member.
Finally, the Customer will then have access to their Dashboard, which is strictly personal and they will have to select use the chosen service.
Access to the Dashboard by the Customer is by means of a unique username and password, which they will not divulge and which are strictly personal for their Webapplication Service.
The Customer is solely responsible for the use of these login details by third parties, and as such indemnifies WEBYMIND against any request and/or action based on a use, fraudulent or not, of these login details.
To avoid fraudulent use of the login details, the Customer undertakes to choose a password that allows a high level of security according to the standards and recommendations currently in force.
FURTHERMORE, THE CUSTOMER VOUCHES FOR THE COMMITMENT OF THE USERS WHO WILL ACCESS THE SERVICES TO RESPECT THE PRESENT GENERAL CONDITIONS OF SALE.
These GTC constitute a contract for the provision of services which each party undertakes to respect and execute in good faith. In view of the subject matter hereof, the parties acknowledge that they are committed to each other by a contract for ongoing provision.
Article 6 – Duration of the SubscriptionThe Subscription offered by WEBYMIND to its Customers is a monthly subscription with a committed duration of twelve 12 Months.
Upon agreement, a trial period may be offered to customers that agreed for a long term Contract with a minimum twenty-four 24 Months or for partner Members Only. The trial period starts on the launch of the project or can as soon as the first email for subscription sent by WEBYMIND.
The duration of the trial period is calculated according to the date launched.
Shortly before the end of the trial period, the Customer will be informed by email. At that time, they have to pay for the agreed subscription fees accompanied with an invoice which customers accepted by email or agreed in a hardcopy signed document on the launch date.
If they wish to stop the subscription before the remaining month, a penalty fee for “Rupture de Contrat'' will be applied and an amount not exceeding $1200 USD shall be paid within 24 hours.
Webymind shall conduct “Recours of Justice if necessary to claim for this amount representing hours of work and cost fees relevant to customers' projects.
This Shall be governed by the supreme court of Mauritius and WebyMind Usher & Lawyers. For non-Mauritian residents, our Partner in Germany and France [11 partners in International] -
Partners may act behalf WEBYMIND in EUROPE ZONE as legal partnership agreement shall continue this Legal persecution to an internal and international level EU [ Union European Laws of ECOM].
If this will be the case the Penalty fee & charges will change and the amount will be given from one of our EU partners via legal letter or toward your legal company or/ partner institute lawyers.
The most suitable thing is put forward (calculated arrangement deal directly with WEBYMIND).
The Customer may terminate the Subscription after twelve 12months subject to the conditions set out in Article 8 below.
Article 7 – Prices – Terms and means of payment7.1. PRICE
WEBYMIND makes its Services available to its Customers depending on their budget in return for the payment each month of a Subscription under the conditions defined below.
The prices of all Services offered by WEBYMIND are detailed upon meeting any written “In Subscription agreement you’ll have to sign electronically or in hardcopy before we start your project or at the launch of your project ” page of the Website.
These prices are expressed in MUR | USD | EURO | GBP.
The invoicing presented to the Customer will therefore not have the addition of the duties and taxes in force on the date of invoicing for MUR [ * ].- Taxes are exempt for Mauritian residents.
Mauritian residents not concerned with line relevant to other currencies.
The prices given by WEBYMIND may be subject to change; the customer will be informed by e-mail at least one (1) month in advance if this is the case.
A registered subscriber is not be concerned until its twelve 12 Months Subscription renewals.
After twelve 12 month, the customer will be automatically re-conducted for a 12 month of engagement, if we do not receive any cancellation request within 1 month before tne end of engagement date.
Means the subscription will be auto re conducted for 12 month with the new updated price.
In case of disagreement with the newly applicable financial conditions, you should then request your cancellation at least 1 month before the end engagement date.
Otherwise we will consider that you agreed with the updated price and this will be applicable after the subscription period of [ twelve 12 month] invoice, the Parties may terminate the Contract by email with acknowledgement of receipt After twelve (12) month.
7.2. PAYMENT OF THE SUM, TERMS OF PAYMENT AND MEANS OF PAYMENT
By approving the present GTC, the Customer agrees to pay WEBYMIND the price including tax every month until the present GTC is terminated by either of the Parties after 12 months.
WEBYMIND allows its Customers to use a Bank Card as a payment method on the Internet via the Paypal pro WORLD PAY service-will be soon available on the website, which enables automated management of monthly subscriptions with variable amounts.
Meanwhile, customers need to manually proceed with payment via Bank transfer or via Juice Pay.
In the event of non-payment within hours (24 hours) or 1 day after a reminder by WEBYMIND, access to all WEBYMIND Services will be suspended.
Any delay in payment via Automated Card Payment in relation to the agreed due date will give rise to the application of penalties equal to three (3) times the legal interest rate in force on the date of the invoice and an indemnity for recovery costs of a minimum flat-rate
amount of forty euros (€40) "frais de reject", without the need for any prior formal notice, and without this clause precluding any action for the recovery of the debt. All costs incurred as a result of this failure will be or remain the responsibility of the defaulting debtor.
Article 8 – Termination of the Subscription
WEBYMIND reserves the right to unilaterally terminate this agreement and the GTC, without justification, by giving one (1) month’s notice.
The Customer also has the right to terminate this agreement and to cancel their Subscription, after twelve months [12 month], without having to provide any justification, by sending their request via email.
Nevertheless, the Customer acknowledges and accepts that the said request can only be taken into account for the coming due date when it is made until the 27th or (1st) of the current month.
The Customer is informed that this action triggers the deletion of all their User accesses and as a result the automatic interruption of their Subscription.
Any account that has been inactive for a period of six (3) consecutive months may be deleted after the Customer has been informed with fifteen (15 days) notice.
In the event that a party contravenes the provisions of the General Terms and Conditions of Sale, the complainant may terminate the contract after twelve 12 month, automatically, ipso jure and without any formality,
thirty (30) days after a formal notice by registered email with acknowledgement of receipt has remained without effect or, where applicable, immediately if the alleged breach is not likely to be remedied.
Termination of the Contract, for whatever reason, whether early or at the end of the Contract of twelve month, will entail the termination of the right to use the Services and the deletion of the Customer’s account on the Website.
If the customer PAY fully for 12 month in respect to “Rupture de Contrat” All necessary access and copyright act access will be given to the Owner of the website.
The Customer will be personally responsible for the recovery of the Data, it being specified that the deletion of this Data will take place automatically 1 months after the termination of the contract, unless there is a legal obligation to the contrary.
Article 9 – Personal data
The provisions applicable to the processing of the Personal Data of the Contacts provided by the Customer (data controller) and processed by WEBYMIND (sub-contractor) are set out in the Appendix “Personal Data” at the end of these General Terms and Conditions of Sale.
Article 10 – Availability of Services – Maintenance
The customer acknowledges that the techniques employed by WEBYMIND are in the complex field of computer technology.
WEBYMIND’s commitment is in the nature of an obligation to make best efforts, with WEBYMIND having to limit as far as possible in terms of time and number the interruptions to the Services which is not caused by
Webymind directly that need to wait for necessary maintenance or improvement from our partners and contractors.
WEBYMIND Services are available 24 hours a day, 7 days a week. Nevertheless, WEBYMIND will not be held responsible for any interruptions caused by the occurrence of an event beyond the control of WEBYMIND, any technical problems or a case of force majeure.
It is therefore up to the Customer to protect themselves against these risks.
For maintenance purposes, WEBYMIND reserves the right to make occasional interruptions to WEBYMIND Services if necessary.
WEBYMIND may not be held liable to Customers due to the possible malfunctioning of the Services or the technical means used, or to the complete or partial unavailability of the Services whatever its duration, in whole or in part or access to from Plugins
- Other Modules software in the Website, nor in the event of modification, deterioration, alteration or loss of all or part of a Customer’s Content.
The equipment (computer, mobile phone, software, telecommunications devices, etc.) enabling access to the Site and the Services are the exclusive responsibility of the Customer, as are the telecommunication costs incurred by their use.
WEBYMIND reserves the right to refuse the presence, on its servers, of files imported by customers which are deemed to be technically non-compliant with the servers or to be detrimental to their performance.
Article 11 – Obligations of the Customer
In addition to the payment of the price corresponding to the WEBYMIND Services, the Customer must use a microcomputer allowing them to access the Internet with an Internet connection of at least 512 kbits/s
and a browser to use their web application or connect to their dashboard.
The Customer declares that they have received from WEBYMIND all the advice and information necessary to use the Services offered and must verify the suitability of the Service to their needs.
All the costs necessary for the equipment and the connection of the Customer to the Internet and the use of the WEBYMIND Wep application Services are at the exclusive charge of the Customer.
The Customer acknowledges by adhering to these General Terms and Conditions of Sale that they are solely and entirely responsible for the use of the data, information and other content that they transfer and disseminate
through the service and that they have been fully informed of the extent of their contractual obligations.
Article 12 – Intellectual Property
WEBYMIND is the holder of all the necessary rights to use the website www.webymind.com. This Website www.webymind.com is the property of WEBYMIND.
The Customer and the User acknowledge that copyright and other rights relating in particular to intellectual and industrial property, whether or not covered by applicable law,
concerning the Website and the Services, including but not limited to all modifications, translations, adaptations, improvements, corrections, updates or new versions, derivative works, compilations, technical know-how, are and remain reserved at all times to WEBYMIND.
Any infringement of WEBYMIND’s rights by a Customer or User may give rise to legal proceedings, in particular in the field of infringement of copyright, and may lead to
the removal of access to the Services without notice or compensation and without this removal constituting any damage for the Customer or User.
Where necessary, it is specified that the Contract does not confer on the Customer any title or property right over the Website and the Services.
[ That’s why we’ve created and served a second contract to Customers bearing their own copyright clause of their respective project. [Subscription agreement not relavent to this clause]
Article 13 – Responsibilities – indemnities
WEBYMIND provides its Customers with the technical means to exchange information via the Website www.webymind.com.
WEBYMIND cannot be held responsible for the content, messages sent by Customers to Contacts or any information exchanged on its network using the WEBYMIND services.
The Customer is therefore solely responsible for the information, content and messages intended for Contacts and indemnifies WEBYMIND against any recourse in this respect.
If, as a result of an extraordinary event, WEBYMIND is brought before a court of law for an act committed by one of its Customers in breach of these General Terms and Conditions of Sale, the Customer undertakes to pay all legal costs, legal fees and all indemnities that WEBYMIND may be required to pay to a third party for non-compliance with the present Terms and Conditions.
The Customer undertakes not to damage the reputation or privacy of others, nor intellectual property rights in the transmission of messages and various information to its own customers via the WEBYMIND Services and indemnifies WEBYMIND in this respect.
The Customer confirms the truthfulness of the data that they have communicated at the time of their registration and acknowledges that any act of such nature as to be qualified as impersonation or misleading as to their identity is strictly forbidden.
In this respect, the Customer may be subject to criminal and civil proceedings by WEBYMIND and any other person who has been the victim of such acts.
When the Customer is registered as a representative of the company for which they carry out their professional activity, they guarantee that they have the agreement of their company and acknowledge that they are the sole representative of the company’s interests.
In any case, WEBYMIND cannot be held responsible for any damage caused to the said company via the services made available to its customers.
The Customer indemnifies WEBYMIND against any action for copyright infringement by third parties and WEBYMIND may under no circumstances be held liable.
Article 14 – Applicable law – Attribution of jurisdiction
These GTC constitute a contract for ongoing provision governing relations between WEBYMIND and its Customers.
These terms and conditions are governed, interpreted and applied in accordance with Mauritius and Europe laws.
In the absence of an amicable resolution within one (1) month from the notification of the dispute by one party to the other party, the Commercial Court for the location of
WEBYMIND’s registered office has sole jurisdiction to rule on any dispute between the parties, in particular concerning the execution, interpretation, termination or resolution of the present contract.
The preliminary conciliation procedure will not be applicable in the case of summary proceedings or emergency.
Article 15 – Miscellaneous
If one or more provisions hereof were to be declared null and void pursuant to a law, a regulation or following the final decision of a competent court, the other provisions would retain their full force and scope.
The fact that one of the parties does not at a given time require the strict performance by the other party of any provision or condition of these General Terms and Conditions of Sale shall not be deemed to constitute a definitive waiver of such provision or condition.
Consequently, each of the parties may at any time request the strict and complete execution by the other party of these General Terms and Conditions of Sale.
The Customer grants WEBYMIND the right to use and reproduce the Customer’s name, company name and logo, for reference purposes only, for any distribution or use on the website or on any of WEBYMIND’s commercial media.
Reunion Maurel Petit Raffray
Simplified joint-stock EU | Freelance MU
RCS EU B 790 5—--[*]
Intra-Community VAT EXEMPT IN MUR.
Publication Director : KHOODEESING AVISH - MATHIEU
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