Terms of use

Date of last revision: May 23, 2018

These Terms and Conditions govern the relationship between Infinity Mobile NV, a Belgian registered company having its seat at Hoogstraat 29, 9850 Deinze, Belgium under company number BE0640.980.849 (hereinafter Infinity Mobile) and its Clients, specifically regarding the use of/interaction with the software of Infinity Mobile, named Sayl Retail.

Except express written agreement stating the contrary, these Terms and Conditions apply to all services and goods, quotations, orders, contracts and invoices (hereinafter jointly: the "Services") rendered, delivered or established by Infinity Mobile in relation with "Infinity Mobile", even in case of absence of any signed orderform by the Client.

The Services rendered by Infinity Mobile might be subject to a specific agreement between Infinity Mobile and the Client. In case of contradiction between provisions from the present General Terms and Conditions and provisions from a specific agreement the latter conditions will prevail.

All rights and obligations established between the Client and Infinity Mobile (together the "Parties") regarding the Services ordered by the Client shall collectively be called "the Agreement" to which the present General Terms and Conditions shall apply.

Both the present General Terms and Conditions as the conditions in a possible specific agreement between the Parties are considered to be known and accepted, either by the signature of the Client on a document referring to any of these conditions or by the absence of any opposition by the Client in writing within five (5) business days after receipt of the first document that communicates any of these conditions. In case of absence of a reaction within the before mentioned period, all information transmitted by the Client is considered to carry the latter's acceptance regarding the correctness and relevance of that information for the Services at stake. In case of continuous commercial relations the present Conditions can not be disputed anymore.

Infinity Mobile may make changes or modifications to this Agreement at any time, and such changes or changes shall become effective immediately upon (a) the notification by email of Infinity Mobile informing you of such changes or modifications, (b) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the "Date of Last Revision" date at the top of the Terms, or (c) your continued use of the Services after Infinity Mobile displays the Agreement updated to shopitag.com.

1. Conclusion of Agreement

1.1 The Services provides a collection of tools and resources to manage an online mobile store, process orders and sell products or services online. In addition, the Services may include connections and integrations with third party's tools and resources.

1.2 Customer must complete a registration form ("the Onboarding") in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the onboarding steps, and will update the information to keep it current. As part of the onboarding process, Customer will identify an email address and password for Customer's account. Customer is responsible for maintaining the security of Customer's account, passwords, and for all uses of Customer Sayl Retail's account and of the Services in Customer's name.

1.3. Infinity Mobile shall at all-time preserve the right, without having to provide for any reasons, to refuse the delivery of Services, including for applications or Customer accounts that could potentially harm Infinity Mobile's quality of Services or its reputation. Infinity Mobile will also refuse any possible application that might or does violate any provisions of the Code of Conduct (see Section 6 hereunder) or that could be considered to be an "Unacceptable Use" of the Services (see Section 9 hereunder).

1.4. The offers and tenders provided by Infinity Mobile are established on the basis of the information provided by the Client. Any change regarding this Mobile.

1.5. The cancellation of the order, regardless of the reason, entitles Infinity Mobile to the payment of the full entire fee envisaged, subject to the right of Infinity Mobile to claim full compensation for any damage that might have occurred or occur because of the termination.

1.6. The provisions in this Section apply to all cancellations, whether before, during or after the completion of the Service(s) covered by the cancelled order.

1.7 The Services are available only to persons who can form legally binding contracts under applicable law. The Services are not available to individuals under the age of 18.

2. Term

2.1 Customer may terminate this Agreement at any time, at least 7 days before the subscription renewal date. Resiliation is done through written request to our HQ address, or through email - invoices@saylcloud.com or support@saylretail.com.

2.2 Infinity Mobile may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Infinity Mobile will have no liability to Customer or any third party because of such termination.

2.3 Upon termination or expiration of this Agreement by either party for any reason, (a) Infinity Mobile will cease providing the Services, (b) you will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise and (c) any outstanding balance owed to Infinity Mobile for your usage of the Services through the effective date of such termination or expiration will immediately become due and payable in full. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.

2.4 Upon termination or expiration of this Agreement by either party for any reason, Infintiy Mobile may delete any Customer archived data within 30 days after the date of termination.

3. Execution of the Agreement, complaints and acceptance

3.1. Infinity Mobile undertakes to deliver the Services to the best of its ability in light of its available technical capacities and in accordance with the requirements and expectations of good practice to perform.

3.2. Infinity Mobile shall preserve the right to modify the manner in which it executes the Agreement following any possible changes relating to its technical framework, unforeseen workload, legal changes etc. The Client shall not have the right to claim any form of compensation due to such modifications made after reasonable consideration by Infinity Mobile.

3.3. If required for the proper execution of the Agreement Infinity Mobile reserves the right to have certain work done by third parties.

3.4. In order to be valid, the Client's complaints must be communicated by registered letter within eight (8) days after the delivery of the Services, and if applicable, the delivery of the goods.

3.5. An absence of a complaint regarding the delivered Services in accordance with Section 3.4. of the present General Terms and Conditions implies the Client's unconditional and irrevocable acceptance, without reservation, of the Services delivered as well as of the respective invoice.

4. Price and Payment

4.1 Fees. In consideration of the Services provided, Customer will pay Infinity Mobile all fees due according to the prices and terms listed on this website. Infinity Mobile reserves the right to modify its pricing and terms at any time, and such changes or modifications will be posted on this website and effective immediately upon the next renewal, billing period, upgrade or downgrade of the Services with and/or without notice to Customer. All payments are NON-REFUNDABLE.

4.2 Taxes. All fees are exclusive of all federal, state, and/or other governmental sales, goods and services, value-added, harmonized or other taxes, fees or charges. Customer shall be responsible for all sales, goods and services, value-added, harmonized or other taxes, fees or charges.

4.3 Billing Policies and Cycles. All billing invoices and payment notifications will be maintained directly in Customer's Account Portal. The billing cycle begins on the day Customer converts to a paid store (the "Billing Date") and is due on that day each month, partial year or year thereafter, depending on the Service plan selected and billing terms for individual Services.

4.4 Payment. A valid credit card is required for accounts to process payment. Infinity Mobile will automatically charge Customer's credit card on file based on Customer's billing cycle (monthly, partial yearly or yearly, depending on the Services selected and billing terms for individual Services) until Customer validly terminates the Services. Fees for prepaid Services are based on Services purchased, regardless of actual usage and payments made for such Services are NON-REFUNDABLE. Infinity Mobile does not provide refund for Customers that do not use their account.

4.5 Unpaid Accounts. If payment is not received within 30 calendar days of the billing date, Infinity Mobile will automatically revoke access to Customer's account. Infinity Mobile may or may not contact Customer directly to notify Customer of its unpaid account. Accounts past due over 90 days will automatically be deactivated.

4.6 Disputed Charges/Billing Inquiries. It is Customer's obligation to review all charges for accuracy. Customer has 30 days from the date of billing to contact Infinity Mobile and/or dispute the charge. Failure to do so within the specified time frame will constitute Customer's agreement that all charges are valid and Customer thereby waives any claims it may have had regarding such charge.

4.7 Upgrades. Should Customer elect to upgrade its prepaid Services or if such Services are automatically upgraded pursuant to the last sentence of this Section 4.7, the Billing Date of the next renewal period will remain the same; however, Customer will be billed immediately for the pro-rata portion of the upgraded Services fee for the remainder of the current billing period. For example, if a month-to-month customer is billed on June 14th for monthly prepaid Services from June 14th to July 13th, and such Customer's account is upgraded effective on June 30th, then such Customer will be charged immediately for the pro-rata usage of the upgraded plan from June 30th to July 13th. On July 13th such Customer will be charged for the full monthly fee amount of the upgraded plan.

Downgrades. Should Customer elect to downgrade its prepaid Services, the downgrade will take effect on the commencement of the next renewal period. In other words, Infinity Mobile DOES NOT provide credits or refunds on downgrades that are effective during the applicable billing period (whether such period is a month, quarter or year). For example, if a month-to-month customer is billed on June 14th for prepaid Services from June 14th to July 13th and such customer downgrades the prepaid Services effective on June 30th, then the downgrade will take effect on the next billing date, i.e. July 14th.

4.8 Cancellations. Infinity Mobile Services will continue in effect until Customer validly terminates the Services.

Customer must notify Infinity Mobile of its intent to terminate prepaid Services at least 5 calendar days before the billing renewal date. If notice is not received before such date, such Services will automatically renew for the subsequent renewal period. For example, if a month-to-month customer is billed on June 14th for monthly prepaid Services from June 14th to July 13th and such customer provides a valid notice to terminate its account on July 11th, Customer will automatically be charged for prepaid Services from July 14th to August 13th and the prepaid Services will terminate on August 13th. If the same customer provides notice to terminate its account on July 8th, then the account will terminate on July 13th and such customer will not be charged for any further prepaid Services on such account.

4.9. All prices in tenders, quotations and/or orders are exclusive of VAT, unless expressly indicated otherwise by Infinity Mobile. The Client will be the sole responsible to abide by the relevant VAT and other applicable tax provisions relating to the Services ordered.

4.10. Invoices are payable within thirty (30) days of receipt and without discount unless otherwise stated on the invoice. All invoices not paid on due date, shall automatically and without prior notice, result in contractual interest at the rate of 3% per month from the due date, with a minimum fee of 100 Euros.

4.11. In addition to Section 4.2. of the present Terms and Conditions the Client will have to pay a fixed and irreducible compensation of 15% payable on the outstanding invoice amount, without prejudice to the delay interest referred to in the previous Section 4.2. of the present Terms and Conditions, as well as any applicable charges and court fees.

4.12. The non-payment of any invoice when due, authorizes Infinity Mobile to demand immediate payment of the integral, outstanding balance from its debtor and provides Infinity Mobile the right to cancel all current orders unilaterally without any formal requirements. Such cancellation does not prejudice Infinity Mobile's right to obtain compensation.

4.13. Payments made in advance by the Client will be calculated within the price of the order.

4.14. The (fixed and variable) prices and fees used by the Operators might be subject to change, without any prior notification. In such case Infinity Mobile shall preserve the rights to impose new prices to the Client, even without warning.

4.15. Netting between undisputed amounts due between the Parties in the context of this Agreement shall be possible. Unless otherwise agreed, Parties shall be allowed to proceed with netting or any other form of compensation between undisputed amounts.