Terms of Service

Last updated on: Novmber 5th, 2015

By signing up for the fivecent service (“Service”) or any of the services of fivecent Inc. (“fivecent”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by fivecent under the Terms of Service include various products and services to help you create and manage a retail store, whether an online store (“Online Services”), a physical retail store (“POS Services”), or both. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.fivecent.us/home/terms_and_conditions. fivecent reserves the right to update and change the Terms of Service by posting updates and changes to the fivecent website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and fivecent’s Privacy Policy before you may become a fivecent user.

1. Account Terms

  1. You must be 18 years or older or at least the age of majority to use this Service.
  2. To access and use the Services, you must register for a FiveCent account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. fivecent may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that FiveCent will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. FiveCent cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your fivecent Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
  6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of fivecent will result in an immediate termination of your services.
  7. Upon completion of sign up for the Service, fivecent will NOT create a PayPal account on your behalf, using your email address. You will need to create a PayPal account for your business and add it to your online store to receive payments
  8. When you have created a PayPal account, you acknowledge that PayPal will be your default payments gateway and that it is your sole responsibility as the Account Owner to activate and maintain these Payment accounts.
  9. You may not use the fivecent service 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).
  10. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the Service without the express written permission by fivecent.
  11. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use fivecent or fivecent trademarks and/or variations and misspellings thereof
  12. Questions about the Terms of Service should be sent to support@fivecent.us.
  13. You understand that your Store Content (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.
  14. You acknowledge and agree that your use of the Service, including information transmitted to or stored by fivecent, is governed by its privacy policy at https://www.fivecent.us/home/privacy
  15. You agree that your account will incure a late fee surcharge of 10% in addition to the original amounts if your payments are more than 30 days late
  16. You agree that all bills and invoices are due upon receipt.
  17. You agree to provide and maintain an email address and a physical address to receive bills and invoices from fivecent
  18. You agree that your service plans from fivecent willl need to be upgraded to accomodate additional number of products above your quota.
  19. You agree that your service plans from fivecent willl need to be upgraded to accomodate CPU, Memory, Disk Storage and Network Bandwidth utilization
  20. You agree that inc case of a dispute you and fivecent will have right to arbitration.
  21. You agree that this agreement will be goverend by the laws of State of Texas, United States
  22. You agree that any litigations arising from this service will be resolved in the Brazoria County, Texas, United States
  23. We reserve the right to modify or terminate the Service for any reason, without notice at any time. You agree to accept such decision
  24. We reserve the right to refuse service to anyone for any reason at any time.
  25. We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  26. Verbal or written abuse of any kind (including threats of abuse or retribution) of any fivecent customer, fivecent employee, member, or officer will result in immediate Account termination.
  27. fivecent does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
  28. fivecent 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 fivecent employees and contractors may also be fivecent customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
  29. 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, etc.
  30. fivecent retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, fivecent reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
  31. You expressly understand and agree that fivecent 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.
  32. In no event shall fivecent 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 Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, fivecent partners, officers, directors, agents, and employees, 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 Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  33. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  34. fivecent does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  35. fivecent does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  36. fivecent does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  37. We do not claim any intellectual property rights over the material you provide to the fivecent service. All material you upload remains yours. You can remove your fivecent store at any time by deleting your Account.
  38. By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow fivecent to display and store your Store Content; and (c) that fivecent can, at any time, review all the Store Content submitted by you to its Service.
  39. You retain ownership over all Store Content that you upload to a fivecent store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
  40. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
  41. 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.
  42. We reserve the right to modify or terminate the fivecent Service or your Account for any reason, without notice at any time.
  43. Fraud: Without limiting any other remedies, fivecent 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 Site.
  44. Fraud: Creation of an account at fivecent using fake IDs or using stolen IDs is considered a fraud, we prosecute such incidents according to the applicable laws of the State of Texas, United States of America

FiveCent Legal Contact: legals@fivecent.us