Herewith the General Terms and Conditions for eKomi Limited
Registered Office
5 Jupiter House
Calleva Park
RG7 8NN Aldermaston
Reading Berkshire
United Kingdom
Phone: 0870 495 8995
E-Mail: info@ekomi.co.uk
CEO: Michael Ambros
Registered in England and Wales
Company No. 6550380

§ 1 General

Using eKomi software, online shops enable their customers to provide feedback about their service.
By working with eKomi, and for the time period specified in the contract between the online shop and eKomi, the online shop can display all customer feedback posted on a specific web page which will be hosted by eKomi. eKomi will also provide a mediation procedure when necessary between a customer and the online shop.

This contract is between eKomi and the proprietor of the relevant online shop and not that shop's customers. The shop owner is responsible for any instructions on how to use eKomi to his customers.

§ 2 Registration
The paid-for service – provided by eKomi Ltd. is only available for legal entities or individuals with an unrestricted business capacity who run an online shop. To use the services of eKomi, the proprietor of the online shop must register via the registration form at For the usage of the service of eKomi Ltd., the owner of the online shop must register via the registration form (at http://www.ekomi.co.uk/uk/products) and accept the General Terms and Conditions either by ticking the appropriate box or by signing the document. The registration will be confirmed by e-mail.

eKomi will request the following information:

Company:
First name:
Surname:
Country:
Street & Number:
Post Code & City:
Telephone Number:
E-mail address:
Date for implementation:
Technical contact person for the installation of eKomi:

Shop name:
Shop address:
Shop software:
Credit card details:
Credit cardholder:
Credit card number:
Credit card expiration:
Credit card security code:
All the information stated in the registration form must be correct. The registration form can be filled in online or sent by post or fax, to the German office of eKomi Ltd.
Address: Markgrafenstraße 11, 10969 Berlin
Fax: +49 (30) 692 054 28 - 9
Email: info@ekomi.co.uk

By accepting the General Terms and Conditions online or by sending the registration form per post or fax, a legally binding contract is created between the owner of the online shop and eKomi Ltd. If the information stated by the online shop changes after the registration, the owner is obligated to immediately inform eKomi Ltd. about these changes.

§ 3 Cancellation and termination
The contract begins once the online registration has been completed – whether the the eKomi service has been implemented or not.

The contract duration is either 12 or 24 months depending on the chosen package. The parties can terminate the contract by giving three months notice before its expiration. If no termination procedure has been initiated within this time frame, the contract is automatically prolonged for a further 12 months. Cancellation must be sent via email, fax or post.

The right to cancel the contract for good cause is not affected by this rule. Good cause is considered when the continuance of the contractual time period, taking into account all circumstances of the particular case and with balanced judgement of mutual interests, is no longer reasonable for the cancelling party.

§ 4 Billing / Agreement to a payment by standing order

By accepting these General Terms and Conditions you agree to the prices outlined below and to the corresponding sums being invoiced to you by eKomi. Payment will be made by Direct Debit within two weeks of the invoice being submitted.

Customer who offer feedback or make use of the eKomi mediation service are not charged for this.

eKomi's prices are set according to the monthly orders taken by each individual online shop.

If the monthly number of orders exceeds the standard gradings, the standard fee of £19 plus VAT for every further 200 orders per month will be applied.
Invoices will always refer to the previous month and are calculated according to the number of orders placed at the online shop. The resulting amount is to be paid on a monthly basis.

§ 5 Payments and delays

The invoice is payable within 14 days following its receipt.

If the owner of the online shop does not pay eKomi on time or if the direct debit is rejected by his bank, eKomi Ltd will exercise the right to charge the shop owner reminder fees in addition to the outstanding payment.

If the eKomi's customer is in default with the payment, eKomi Ltd. is entitled to charge interest of delay within the designated legal limits. The right to claim for further damages in case of defaults remains unaffected. The set-off with counterclaims or the withholding of payments due to such claims are only valid inasmuch as the counterclaims are verified as valid.

§ 6 The eKomi Service
(1) eKomi Ltd. enables online shop owners to offer  their customers the possibility to rate their performance.

eKomi checks the ratings and comments and publishes them provided the review does not imply or contain offensive content or defamation according to European law.

eKomi does not guarantee to consider all or any violations against said law, but will advise as appropriate.

Where a shop owner has reasonable doubt as to the legality of specific feedback he or she may contact us for resolution.

The free expression of opinion as such will generally not be assailable.The aim of eKomi is to provide customers and visitors genuine feedback about your service.When a shop receives negative feedback, the owner of the online shop has the opportunity to start and utilise eKomi's mediation procedure within a period of five days.
 
In this context 'mediation procedure' means that an online shop owner may contact eKomi via the eKomi platform in order to raise objection against feedback he considers to be negative and unfair.

The online shop owner has the opportunity to offer constructive arguments against any relevant negative feedback.  In such a case, the customer concerned will be informed about the mediation via e-mail and will be asked to enter into a dialog with the shop representative. A customer has no obligation to accept this invitation.

In most cases a satisfactory solution is found by this dialog. Furthermore, the customer can then decide whether to withdraw his original negative feedback and/or to post new feedback.
 
In the rare case when a direct clarification is not possible, the shop owner may ask eKomi to open a mediation procedure. In this case both parties will be assisted by eKomi mediators throughout the whole process.

Each item of feedback feedback which is not in contradiction with the legal premises mentioned under §6, 1 will be linked on the sales webpage of the online shop for the duration of the contract. After the termination of the contract the link will be removed and the feedback no longer available.
eKomi customers are prohibited from manipulating any feedback. If this rule is infringed, eKomi reserves the right to cancel the integration of the widget.
There is no business relationship between eKomi and the customers of the online shop.
 (3) In order to meet its contractual duties eKomi will have access to all allocated web pages and all graphics of eKomi.de (e.g.: eKomi widgets and seals) and we reserve the right to change widget and certificate pictures and designs if we have the need to do so.

§ 7 Responsibilities
(1) eKomi Ltd. assumes liability to its contract customers for damages only if and as far as its legal representatives, executive employees or other servants are charged with premeditation or gross negligence. Excepted is the breach of any major contractual duties.

(2) Besides any premeditation or gross negligence on the part of any legal representatives, executive employees or other servants of eKomi Ltd, any liability is limited to the typical damages which could have been foreseen when closing the contract.

Liability for the replacement of consequential damage would only exist in the case of premeditated or gross negligence of legal representatives, executive employees or other servants of eKomi Ltd.

(3) eKomi Ltd. cannot be held responsible for the decline or stagnation of sales after the implementation of the eKomi product, nor for any negative feedback or the unsuccessful result of a mediation procedure.

eKomi cannot be held responsible, and is not liable, for any software problems in the online shop related to the installation of the eKomi software, nor any possible server outage and resulting consequential defaults.

If eKomi Ltd. supplies technical advice or acts as a consultant out of the contractual scope of services agreed, this is free of charge, to the exclusion of any liability.

(4) eKomi Ltd does not guarantee accessibility to the website at all times.

§ 8 Declaration of exemption

The shop owner indemnifies eKomi Ltd. against all claims for damages, liability claims and any costs which result from claims by customers of the said online shop on account of any unsuccessful mediation procedure, a delay in the clearance time or cancellation of feedback caused by the shop's owner. The same applies to any costs caused by the shop owner in neglecting to inform his customers about any aspect of the feedback system, including the actual supplying of feedback, the deadline to supply feedback and the mediation process.

§ 9 Final provisions
(1) The court of jurisdiction for all possible legal disputes from the business relation between eKomi Ltd. and the online shop is situated in the location of the eKomi Headquarters in Berlin.
Imperative legal regulations by exclusive place of jurisdiction remain unaffected.

(2) The relations between eKomi Ltd., headquartered in Germany, and the customer, exclusively are subject to the jurisdiction of Germany

(3) eKomi Ltd. reserves the right to modify these General Terms and Conditions without the entry of reason. The altered conditions will be communicated via e-mail to all contract parties at the latest two weeks before their coming into effect.

If a contract party does not contradict the new General Terms and Conditions within a period of two weeks after the reception of the e-mail, the General Terms and Conditions will be deemed as being accepted. eKomi Ltd. will present the two week deadline separately to each contract party by email.
Privacy
Information about privacy available under: www.ekomi.co.uk/privacy

Last updated: October 2011