Last Updated: 05 May 2025 Company Name: Aversa Limited Company Registration Number: 09898353 Email:[email protected]
1. Definitions
“Platform” refers to the SaaS shop software provided by JollySimple.
“Client” refers to the business or company subscribing to use the Platform.
“Agreement” refers to these Terms and Conditions.
“Services” refer to all software and related services provided by JollySimple.
“Sale” refers to any completed purchase through the Platform, however it was priced: an item bought at a fixed price, an item won at auction, or an offer the Client accepted.
“Transaction Fee” refers to the fee charged by JollySimple on each Sale processed through the Platform.
2. Agreement Scope
These terms govern the relationship between JollySimple and Clients using the Platform.
Clients agree to comply with these terms when accessing and utilizing the Platform.
3. Fees & Payment Terms
Clients will be charged a transaction based fee on each sale processed through the Platform, whether the item was sold at a fixed price, by auction, or by an accepted offer.
The fee structure and percentage charged will be outlined in separate pricing agreements or as displayed within the Client’s account settings.
Fees will be automatically deducted from the final sale price or invoiced to Clients post-sale.
Clients will be responsible for any third-party costs incurred, including but not limited to card payment processing fees, chargeback fees, dispute resolution fees, and banking fees.
Late payments may result in restricted access to the Platform or suspension of services.
JollySimple reserves the right to review and update fee structures with at least 30 days’ notice before changes take effect.
4. Intellectual Property Rights
JollySimple retains ownership of all software, trademarks, and proprietary technology.
Clients are granted a non-exclusive, revocable license to use the Platform during their engagement with JollySimple.
Clients may not copy, modify, sublicense, or distribute the software without prior written consent.
5. Platform Usage
Clients must not use the Platform for unlawful activities, fraudulent transactions, or actions that violate regulations.
Any unauthorized access, distribution, or misuse may result in suspension or termination of the agreement.
6. Support & Maintenance
Software updates, bug fixes, and security enhancements will be provided as necessary.
Any additional customization or development outside the standard offering may be subject to additional charges.
7. Data Protection & GDPR Compliance
JollySimple will process Client data in compliance with UK GDPR regulations.
Personal data collected through the Platform will be handled securely and will not be shared with third parties without consent.
Clients retain ownership of buyer and seller data they upload, and JollySimple will not publish identifiable data.
8. Limitation of Liability
JollySimple shall not be liable for indirect or consequential losses, including lost profits or business disruption.
Maximum liability is capped at the total transaction fees paid by the Client within the last 12 months of service.
JollySimple is not responsible for buyer defaults or transaction failures beyond reasonable control.
9. Termination & Suspension
Either party may terminate this Agreement with 30 days’ written notice.
JollySimple may terminate or suspend access immediately if a Client breaches these terms.
Upon termination, JollySimple will provide an electronic copy of the Client’s data upon request, subject to a reasonable processing fee.
10. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the course of business.
Confidential information shall not be disclosed to third parties unless required by law or regulatory authorities.
11. Governing Law & Jurisdiction
This Agreement is governed by the laws of England and Wales.
Any disputes shall be settled in the courts located in England.