These Terms govern the principles and procedures that apply to Properties which build a Property website on the Platform in order to use the Service provided by Point Click Integrate by uploading their content on the Property website, as well as the rights and obligations of the parties with regards to hosting.
As part of the Service, the Property may use the ready-to-use templates and content offered on the Platform while building the website provided that it complies with the Platform Terms & Conditions. Alternatively, it may purchase an additional Service to upload customized templates and content, developed by or on behalf of the Property, on Point Click Integrate. The Property may also request Point Click Integrate to design a customized website. Once the Property notifies Point Click Integrate of such a request, the parties will separately agree on the terms and conditions governing such website design. Use of the website shall be limited to the scope of the Service. Activities, products and services of the Property that do not fall within the scope of the Service may only be uploaded subject to the consent of Point Click Integrate.
The Property shall obtain the domain name of the web site and implement the settings and parameters instructed by Point Click Integrate in order to redirect the domain name to Point Click Integrate. Alternatively, it may request Point Click Integrate to obtain and redirect the domain name by purchasing an additional Point Click Integrate service. In case domain name registration and redirection is Point Click Integrate's responsibility, Point Click Integrate will rent the domain name for a period of 1 (one) year and perform domain name redirection. Unless the Property renews the Service by the end of such 1 (one) year period, Point Click Integrate will not be responsible for renewing relevant domain name rental and will reserve the right to end the Service.
The Property may create and translate website content in one of the supported languages. If the Property decides to use the professional translation services provided by Point Click Integrate, the parties will separately agree on the conditions governing such service.
Point Click Integrate enjoys no control over the content provided by the Property on the website and all the rights and responsibilities with regards to such content will rest with the Property. The Property will benefit from the Service provided that it publishes its own content, which holds necessary licenses and consents and/or is obtained in accordance with law, on the website that will be developed as part of the Service. In cases where Point Click Integrate has determined that the Property, the Customer or other third persons have or may have published on the website the content that contradicts facts, codes of conduct or laws; or have or may have used content without necessary consents and licenses; and/or that such content violates or may violate the rights of real or legal persons (including personal and intellectual property rights), Point Click Integrate may ask the Property to remove of such content within a certain time limit, personally remove the content and/or suspend the access to the Property website until such content is removed. In case of repeat of such violations, Point Click Integrate may suspend in parts or whole and/or terminate the Service.
The Property will be solely responsible for taking security, protection and backup measures, including use of encryption technologies, to prevent unauthorized access to, and archiving of, website content.
The Property will ensure that Customers’ use of the website complies with the law, Platform Terms & Conditions and the terms specified herein, as well as with any recommendations for use provided to the Property by Point Click Integrate as part of any online or offline user manuals and support materials, and the Property will be solely liable to and loss or damages arising from Customers’ use of the website (either incurred by the Customers or third persons).
Point Click Integrate reserves the right to audit compliance with the terms herein, and may request from the Property the information and relevant materials regarding the website content as part of such audit. The Property agrees to not obstruct or interrupt such audits, and to provide any facilities required for such audits. The Property will collaborate with Point Click Integrate for resolution of the problems that may arise from the content or the Property-controlled materials.
When and where deemed necessary, Point Click Integrate may perform updates, additions, adjustments and other similar maintenance works on the website, or make modifications on the existing infrastructure of the website to an extent that do not substantially affect the Property’s use of the Service. For the purposes of such actions, the Property agrees to act in accordance with the maintenance terms and conditions requested by Point Click Integrate, and to provide the support required for performance of the actions requested by Point Click Integrate.
The fees payable to Point Click Integrate by the Property in consideration of the Service governed by the terms herein will be determined in line with the scope of the Service provided. Point Click Integrate may suspend use of the website in case of any delayed or interrupted payment of such fees.
The Property agrees that all the rights, ownership and interests on the software, design and derivative works thereof developed as part of the Service are retained by Point Click Integrate and that the Property is granted a non-assignable and non-exclusive right to use the website that is limited to the scope and term of the contractual relationship between the parties. No provision herein will be construed to transfer relevant rights, ownership and interests either in parts or as a whole to the Property. The Property may not rent, sublicense, resell or share the rights granted herein, and neither will it authorize third persons to use such rights or transfer the same.
The Property shall under no circumstances use the trade name, trademark, service mark, logo, domain name etc. of Point Click Integrate (or its subsidiaries) on its website, as part of its marketing materials or in other channels.
All the services related to the Property’s website, except customized services developed by Point Click Integrate as described under Article 2, are provided “AS IS” and Point Click Integrate assumes no responsibility or commitment whatsoever with regards to the accuracy, completeness and reliability thereof.