Provision of Services Terms
Effective Date: April 30, 2021
Last Updated Date: March 31, 2021
We’ve included annotations in the boxes below to emphasize certain portions of our terms and help guide you as you read them. The annotations aren’t summaries, so please take the time to read everything!
This page describes the general terms that apply to your use of any of our services. By using our services, you agree to these terms on top of any other terms that apply to a specific service you are using (like Anzili, for example). If you use our services on behalf of your company, your company agrees to them too.
By signing up for an Anzili Account (as defined in Section 1) or by using any Anzili Services (as defined below), you are agreeing to be bound by the following Provision of Services Terms (the “Provision of Services Terms”).
As used in these Provision of Services Terms, (” Paytree,” “we,” “our” or “us” “Anzili”) means the applicable Paytree Group Limited service (as defined in Section 4 below).
The services offered by Anzili under the Provision of Services Terms include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Anzili are referred to in these Provision of Services Terms as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Provision of Services Terms. You can review the current version of the Provision of Services Terms at any time at https://www.anzili.com/serviceterms. Anzili reserves the right to update and change the Provision of Services Terms by posting updates and changes to the Anzili website. You are advised to check the Provision of Services Terms from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.
1. Account Terms
You are responsible for your Account and any Materials you upload to the Anzili Service. Remember that if you violate these terms, we may cancel your service.
If we need to reach you, we will send you an email.
- To access and use the Services, you must register for a Anzili account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Anzili may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by Anzili for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- You acknowledge that Anzili will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Anzili and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Anzili can only be authenticated if they come from your primary Account email address.
- You are responsible for keeping your passwords secure. Anzili 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 Provision of Services Terms, including the Terms of Service and Payment Terms, as determined in the sole discretion of Anzili may result in an immediate termination of your Services.
2. Account Activation
Only one person can be the “Shop Owner”, usually the person signing up for the Anzili Service. The Shop Owner is responsible for the Account, is bound by these Provision of Service Terms and the Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Shop Owner responsible for your Account.
We may automatically create certain accounts for you to accept payments or you may be required to do so. You are responsible for activating and deactivating these accounts and complying with the terms.
Any domain or SSL certificate you purchase through us will automatically renew unless you opt out.
- 2.1 Store Owner
Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Shop Owner”) for the purposes of our Provision of Service Terms and will be the person who is authorized to use any corresponding Account we may provide to the Shop Owner in connection with the Service. You are responsible for ensuring that the name of the Shop Owner (including the legal name of the company that owns the Shop, if applicable) is clearly visible on the Shop’s website. If you are signing up for the Services on behalf of your employer, your employer shall be the Shop Owner.
If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Provision of Service Terms and Terms of Service. Your Anzili Shop can only be associated with one Shop Owner. A Shop Owner may have multiple Anzili Shops.
“Shop” means the online store or physical retail location(s) associated with the Account.
- 2.2 Staff Accounts
Based on your Anzili pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Shop Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general shop settings).The Shop Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Provision of Terms and Terms of Service as if they were the Shop Owner’s own acts, omissions or defaults.The Shop Owner and the users under Staff Accounts are each referred to as a “Anzili User”.
- 2.3 Anzili Pay Payments AccountsUpon completion of sign up for the Service, you are required to sign up for an Anzili Pay account. You are required to do so with the same email address used for your Anzili account. Depending on your location, Anzili may also create a Anzili Payments account on your behalf.You acknowledge that Anzili Payments will be your default payments gateway and that it is your sole responsibility as the Shop Owner to activate and maintain this account. For the avoidance of doubt, Anzili Pay (“Anzili Payments”, “Paytree Account”) is an Anzili service and is you’re bound by the Terms of Service, Provision of Service Terms and Payment Terms while using it.
- 2.4 Domain NamesUpon purchasing a domain name through Anzili, domain registration will be preset to automatically renew each year so long as your Anzili Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
3. General Conditions
The Anzili service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. If you or your employees or contractors use Anzili’s APIs, you will comply with our API terms.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
- Technical support in respect of the Services is only provided to Anzili Users.
- The Provision of Services Terms shall be governed by and interpreted in accordance with the laws of Kenya applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Provision of Services Terms and is hereby expressly excluded.
- You acknowledge and agree that Anzili may amend these Provision of Services Terms at any time by posting the relevant amended and restated Provision of Services Terms on Anzili’s website, available at https://www.anzili.com/serviceterms and such amendments to the Provision of Services Terms are effective as of the date of posting. Your continued use of the Services after the amended Provision of Services Terms are posted to Anzili’s website constitutes your agreement to, and acceptance of, the amended Provision of Services Terms. If you do not agree to any changes to the Provision of Services Terms, do not continue to use the Service.
- You may not use the Anzili Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Kenya. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Provision of Services Terms.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Anzili.
- You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Anzili or Anzili trademarks and/or variations and misspellings thereof.
- Questions about the Provision of Services Terms should be sent to Anzili Support.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the “SMS Services”). You will only use the SMS Services in compliance with these Provision of Services Terms, and applicable third-party terms of service, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
- The Provision of Services Terms may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Provision of Services Terms and Anzili’s Provision of Services Terms available in another language, the most current English version of the Provision of Services Terms at https://www.anzili.com/serviceterms will prevail. Any disputes arising out of these Provision of Services Terms will be resolved in English unless otherwise determined by Anzili (acting in its sole discretion) or as required by applicable law.
- All the terms and provisions of the Provision of Services Terms shall be binding upon and inure to the benefit of the parties to the Provision of Services Terms and to their respective heirs, successors, permitted assigns and legal representatives. Anzili shall be permitted to assign these Provision of Services Terms without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Provision of Services Terms, or any of your rights or obligations hereunder, to any third party without Anzili’s prior written consent, to be given or withheld in Anzili’s sole discretion.
- If any provision, or portion of the provision, in these Provision of Services Terms is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Provision of Services Terms, and the Provision of Services Terms will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Provision of Services Terms.
- Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(8)-(10), 19, 21 and 22 will survive the termination or expiration of these Provision of Services Terms.
4. Anzili Contracting Party
If a dispute arises you may bring an action in Kenya
“Anzili Contracting Party” means Paytree Group Ltd, a company formed under the laws of Kenya, of address 12210-00100 Nairobi.
The parties irrevocably agree that the courts of Kenya are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with the Provision of Services Terms and that accordingly any proceedings arising out of or in connection with the Provision of Services Terms shall be brought in such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Provision of Services Terms and is hereby expressly excluded.
5. Anzili Rights
We can modify, cancel or refuse the service at any time.
In the event of an ownership dispute over a Anzili account, we can freeze the account or transfer it to the rightful owner, as determined by us.
- We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
- 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 Shop, or the Materials uploaded or posted to a Shop, violate our Terms of Service or these Provision of Services Terms.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Anzili customer, Anzili employee, member, or officer will result in immediate Account termination.
- Anzili does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Shop.
- 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 Anzili employees and contractors may also be Anzili customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) 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, your status as an employee of an entity, etc.
- Anzili retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Shop Owner. If we are unable to reasonably determine the rightful Shop Owner, without prejudice to our other rights and remedies, Anzili reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Both you and Anzili agree to use the Confidential Information of the other only to perform the obligations in these Provision of Services Terms. Confidential Information must be protected and respected.
- “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Anzili’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Provision of Services Terms and in accordance with any other obligations in these Provision of Services Terms including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Provision of Services Terms, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Provision of Services Terms; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Provision of Services Terms.
7. Limitation of Liability
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.
- You expressly understand and agree that, to the extent permitted by applicable laws, Anzili 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.
- To the extent permitted by applicable laws, in no event shall Anzili 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 Provision of Services Terms and Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Anzili partners, 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 Provision of Services Terms or the documents it incorporates by reference (including the Terms of Service), or your violation of any law or the rights of a third party.
- Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Anzili does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- Anzili does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- Anzili does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
8. Waiver, Severability, and Complete Agreement
If Anzili chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.
These Provision of Services Terms make up the agreement that applies to you. This means that any previous agreements between you and Anzili don’t apply if they conflict with these terms.
The failure of Anzili to exercise or enforce any right or provision of the Provision of Services Terms and(or) the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Provision of Services Terms and(or) the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Provision of Services Terms and(or) the Terms of Service shall remain in full force and effect.
The Provision of Services Terms and(or) the Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Anzili and govern your use of the Services and your Account, superseding any prior agreements between you and Anzili (including, but not limited to, any prior versions of the Provision of Services Terms and(or) the Terms of Service).
9. Intellectual Property and Customer Content
Anything you upload remains yours and is your responsibility.
- We do not claim any intellectual property rights over the Materials you provide to the Anzili Service. All Materials you upload remains yours. You can remove your Anzili Shop at any time by deleting your Account or sending Anzili a request for account deletion.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Shop; (b) to allow Anzili to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Anzili can, at any time, review and delete all the Materials submitted to its Service, although Anzili is not obligated to do so.
- You retain ownership over all Materials that you upload to the Shop; however, by making your Shop public, you agree to allow others to view Materials that you post publicly to your Shop. You are responsible for compliance of the Materials with any applicable laws or regulations.
- Anzili shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Shop to promote the Service.
10. POS Services
If you use our POS Services, you must use the Anzili Pay gateway. You can cancel your POS Services at any time and still keep your Online Services active. We take data security very seriously, but we can’t guarantee that all transmissions using the POS Equipment are 100% secure. All transactions transmitted using the POS Equipment are at your own risk. Remember that the POS equipment is purchased, not leased. Our POS Equipment return policy applies to all POS equipment, except Chip & Swipe Reader, Swipe (Audio Jack) and physical gift cards.
- In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the Anzili POS software (“POS Software”), the Anzili POS website, located at /pos, programs, documentation, apps, tools, internet-based services and components, Anzili’s POS hardware (“POS Equipment”) and any updates thereto provided to you by Anzili.
- Access to and use of the POS Services requires that you have an active and valid Account.
- Your POS Services are enabled with Anzili Payments, you cannot concurrently use any other payment processing service.
- You can terminate your POS Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated POS Services).
- You agree to use the POS Services in accordance with all procedures that may be provided by Anzili from time to time.
- While the POS Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorized access to or use of data transmitted via the POS Services.
- POS Equipment is purchased, and not leased. Purchase of the POS Equipment is subject to the POS Equipment Agreement. Upon payment by you for the POS Equipment, and confirmation to you of shipment of the POS equipment, you will acquire ownership of and title to the hardware components of the POS Equipment, and you will be licensed to access and use all POS Software installed in the POS Equipment (and any updates thereto), on a limited, non-exclusive, revocable, non-sublicensable, non-transferable basis, solely for the purposes of using the POS Services. POS Equipment is subject to our Return Policy. Returns and refunds are not available for the Chip & Swipe Reader, Swipe (Audio Jack) and physical gift cards purchased from the Anzili Hardware Shop.
- The Fees for POS Services shall be determined based on the number of locations at which you are using the POS Services. Locations are defined by business address and are used for associating orders with a specific business address. Locations are added through the Anzili POS web administrative console associated with your Account. The number of locations using POS Services will also be detected by us and billed accordingly as part of your regular billing cycle. In the event of any discrepancy between the number of locations added by you through the Anzili POS web administrative console and the number of locations detected by Anzili, the number of locations detected by Anzili shall be deemed to be correct.
11. Anzili Delivery
If you use Anzili Delivery you must comply with the Anzili Delivery Terms of Service.
In addition to these Terms of Service, your access to and use of Anzili Delivery is subject to the Anzili Delivery policies and guidelines, located at (a) Shipping & Delivery if you are located in Kenya or any other country that we are able to make a delivery. These policies and guidelines form a binding agreement between us.
12. Theme Store
You can purchase our Themes to use for one Store at a time. Feel free to modify our Theme, but respect that the designers own their Themes, so don’t infringe on their rights. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.
- You may establish the appearance of your Anzili Shop with a design template from Anzili’s Theme Store (“a Theme”). If you download a Theme, you are licensed to use it for a single Shop only. You are free to transfer a Theme to a second one of your own Shops if you close your first Shop. To initiate a transfer of a Theme to a second one of your Shops, please contact Anzili Support. You are not permitted to transfer or sell a Theme to any other person’s Shop on Anzili or elsewhere. Multiple Shops require multiple downloads and each download is subject to the applicable fee. Anzili gives no assurance that a particular Theme will remain available for additional downloads.
- You may modify the Theme to suit your Shop. Anzili may add or modify the footer in a Theme that refers to Anzili at its discretion. Anzili may modify the Theme where it contains, in our sole discretion, an element that violates the Anzili Terms or other provisions of the Terms of Service and Provision of Services Terms, even if you received the Theme in that condition. Anzili may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and, without prejudice to our other rights or remedies, Anzili may take administrative action such as modifying your Shop or closing your Shop.
- Technical support for a Theme is the responsibility of the designer, and Anzili accepts no responsibility to provide such support. Anzili may be able to help you contact the designer.
- It is the responsibility of the user, and not Anzili, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
12. Anzili Mail
By using the Email Services, you agree that Anzili may use certain tools to ensure the content of the emails sent through the service is safe and compliant with our policies.
- Anzili employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Provision of Services Terms, or Anzili’s Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you explicitly grant Anzili the right to employ such Content Scanning. Anzili does not warrant that the Email Services will be free from Threats, and each Anzili merchant is responsible for all content generated by their respective Stores.
- BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). ANZILI, OR ITS THIRD-PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.
- Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.
- You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.
- Your use of the Email Services must follow all applicable guidelines established by Anzili. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:
- using non-permission-based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
- using purchased or rented email lists;
- using third party email addresses, domain names, or mail servers without proper permission;
- sending emails to non-specific addresses (e.g., email@example.com or firstname.lastname@example.org);
- sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
- failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
- failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
- disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
- failing to include in each email your valid physical mailing address or a link to that information; or
- including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
- If You or a customer knows of or suspects any violations of the Email Services Requirements, please notify Anzili Support. Anzili will determine compliance with the Email Services Requirements in its discretion.
- Anzili’s Email Services utilize Third Party Providers, including SendGrid (a Twilio Company) and AWS. Your use of the Email Services is subject to AWS and SendGrid’s terms as it may be amended by SendGrid or AWS from time to time.
12. Payment of Fees
A valid payment method (like a credit card) is required for all stores. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your payment method. If we are not able to process payment of Fees using your payment method, we will try again in 3 days. If we are unable to process payment of Fees on the second attempt, we will make a third and final attempt three days later. If payment of Fees is unsuccessful after three attempts, Anzili may freeze your store. You may be required to remit Taxes to Anzili or to self-remit to your local taxing authority. No refunds.
- You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Shop when using all payment providers other than Anzili Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as Anzili Payments, POS Equipment, 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. Anzili will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Anzili 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 Anzili’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 Shop Owner via the email provided. As well, an invoice will appear on the Account page of your Shop’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 Shopfront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Anzili reserves the right to terminate your Account.
- All Fees are exclusive of applicable taxes unless where specifically and clearly indicated, 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 Anzili’s products and services. To the extent that Anzili 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 Anzili of your exemption. If you are not charged Taxes by Anzili, 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 Anzili under these Provision of Services Terms and Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Anzili 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. Anzili shall be entitled to charge the full amount of Fees stipulated under these Provision of Services Terms 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 Anzili Shop. If you change jurisdictions you must promptly update your location in the administration menu where applicable.
- Anzili does not provide refunds.
15. Cancellation and Termination
To initiate a termination contact Support. Anzili will respond with specific information regarding the termination process for your account. Once termination is confirmed, domains purchased through Anzili will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or terminate your account at any time. Any fraud and we will suspend or terminate your account.
- You may cancel your Account and terminate the Provision of Services Terms and Terms of Service at any time by contacting Anzili Support and then following the specific instructions indicated to you in Anzili’s response.
- Upon termination of the Services by either party for any reason:
- Anzili will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Provision of Services Terms and Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Anzili for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your Shop website will be taken offline.
- If you purchased a domain name through Anzili, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
- 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 Anzili Service, the Provision of Services Terms and Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Provision of Services Terms and Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
- Fraud: Without limiting any other remedies, Anzili 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 use of the Services.
16. Modifications to the Service and Prices
We may change or discontinue the service at anytime, without liability.
- Prices for using the Services are subject to change upon 30 days’ notice from Anzili. Such notice may be provided at any time by posting the changes to the Anzili Site (Anzili.com) or the administration menu of your Anzili Shop via an announcement.
- Anzili reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
- Anzili shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
17. Third Party Services, Experts, and Pros Marketplace
We are not responsible for third party services so use them at your own risk. If you use Third Party Services on the Anzili platform, you permit us to send your data to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.
- Anzili may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”, “plugins”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Anzili App Shop, or Pros Marketplace. Such Third-Party Services are made available only as a convenience, and your purchase, access or use of any such Third-Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). In addition to these Provision of Services Terms, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
- Anzili Pros is an online directory of independent third parties (“Pros”) that can help you build and operate your Anzili Shop.
- You can engage and work with an Expert directly or through Pros Marketplace. Pros Marketplace provides you with recommendations on Pros that can assist you with different aspects of your Shop. Using Pros Marketplace, you can find, hire, and communicate with Pros.
- Any use by you of Third-Party Services offered through the Services, Anzili Pros, Pros Marketplace or Anzili’s website 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, Anzili may receive a revenue share from Third Party Providers that Anzili recommends to you or that you otherwise engage through your use of the Services, Anzili Pros, Pros Marketplace or Anzili’s website.
- We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Anzili has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third-Party Services. The availability of Third-Party Services on Anzili’s websites, including the Anzili App Shop or Pros Marketplace, 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 Anzili. Anzili does not guarantee the availability of Third-Party Services and you acknowledge that Anzili may disable access to any Third-Party Services at any time in its sole discretion and without notice to you. Anzili is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-Party Service. Anzili 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 or other information through Pros Marketplace, you consent to being contacted by one or more Pros at the Shop Owner’s registered email address (or such other email address provided by you) as well as the applicable user email address; and (ii) Anzili may receive all communication exchanged via Pros Marketplace or in any reply emails (each a “Reply”) that originate from Pros Marketplace (directly or indirectly) between yourself and Pros. You further agree that Anzili may share your contact details and the background information that you submit via the Pros Marketplace with Pros. Pros may require access to certain admin pages on your Anzili Shop. You choose the pages that the Pros can access.
- The relationship between you and any Third-Party Provider is strictly between you and such Third-Party Provider, and Anzili is not obligated to intervene in any dispute arising between you and a Third-Party Provider.
- Under no circumstances shall Anzili 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, including any Expert. These limitations shall apply even if Anzili 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, Anzili partners, 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.
18. Beta Services
19. Feedback and Reviews
22. Privacy & Data Protection
20. DMCA Notice and Takedown Procedure
Anzili respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send Anzili a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant.
21. Rights of Third Parties
Only Anzili, Anzili Users and persons accessing Anzili Services have any rights under these Terms of Service.
21. Rights of Third Parties
Only Anzili, Anzili Users and persons accessing Anzili Services have any rights under these Terms of Service.