Terms & Conditions
Welcome to ello Events & Marketing!
ello.marketing is an online product/service, property of and made available by "ello - Agência de Eventos, Propaganda e Marketing Digital Ltda", CNPJ 29.905.326 / 0001-40, a São Paulo company located at Rua Edgard Machado Sant'ana, 90 - São Paulo, SP, Brazil, CEP 05.587-000.
BY USING ello's WEBSITE (INCLUDING ITS CONTENT) AND/OR PRODUCTS AND/OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS THAT FOLLOW, TO ANY POLICIES THAT MAY BE ADDED TO THEM, AND TO ANY REVISIONS OR CHANGES THAT THEY MAY BE THE SUBJECT OF. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR YOU DO NOT WISH TO BE BOUNDED BY THEM, DO NOT USE ello'S WEBSITE, PRODUCTS OR SERVICES. ello AG reserves the right to, at any time, update the Terms and Conditions, at its discretion, to take into account legal, industry-related, or any other changes in the status quo. The most recent updated version of this agreement is available on the "ello.marketing" website, though ello AG isn't required to notify Users of an update to Terms and Conditions. Hence, We strongly encourage all Users to fully read this agreement and review it regularly. The documents are in effect upon the date of their last update.
TERMS OF SERVICE
The ello's website, its contents, products and services are available to all individuals of legal age, who are legally capable of entering into contracts (binding agreements). Proof of compliance to these criteria may be requested upon access to all (or some) services and/or products, in the form of identification details or contact information.
These Terms of Service are established between Us and Users. No other person is entitled to benefit under these.
If any court or regulator decides that any provision of these Terms of Service is invalid or otherwise unenforceable, such provision shall be severed and deleted from these TOS and the remainder terms and conditions shall continue to have full force and effect.
If TOS are inconsistent with the terms and conditions noted on Your registration with ello (if applicable) the TOS shall prevail, unless otherwise specified on additional documentation supplied by ello's Customer Care department.
Wherever found in the Terms and Conditions, "You", "Yourself" and "User" refers to you, the user of the ello's website, its contents, products and services, and "Your" shall be interpreted accordingly. Moreover, "We", "Us" and "ello" refer to ello - Agência de Eventos, Propaganda e Marketing Ltda. and "Our" and "ello's" shall be interpreted accordingly. "User Information" refers to the personal details that may be collected by Us on ello.marketing and/or in the course of the registration and/or acquisition to/of any ello's services or products. "Our Website" refers to the website "ello.marketing" and all webpages associated to it. However, "ello site" refers to Websites of Our Subscribers, hence created using the system ello team. "Third Party" refers to any person/entity/company that are not associated to ello.
2. Services Available
2.1 Basic Version
The characteristics of Our Basic versions are specific to the type of site in question. The Basic version for business websites has 100 MB of storage, 1 GB bandwidth per month, and mobile version of the site. The Basic version of the e-commerce website has 10 MB of storage, 1 GB bandwidth per month, mobile version of the site, the possibility to have 10 products available in the store, and payments by credit card via PayPal services.
All of the services have a set price or a range of prices, according to the characteristics of the work required and the time devoted to accomplish it. These prices may be subject of adjustments to take into account market changes, or be temporary substituted by special/promotional prices. The values are set in the local currency, or in United States Dollars (USD). To review Our price table please click here.
4. Domain Name (a Paid Service)
4.1 Domain Name Registration and Ownership
The person or entity that acquires the domain is the lawful owner of it. ello intervenes solely as a Technical Administrator and interface (agent) between You and the organization that allocates the domain name. However, if You (the owner of the domain) decide not to renew the domain, ello is not responsible for any problems or issues that may occur as a result of or after the domain expired. Also, please be advised that not all domain types have a waiting period, hence if You do not renew the domain, You may lose the domain name to another Internet user. Every domain is by default locked for transfer. It can be unlocked at the request of the owner.
4.2 Domain Renewal
The domain may be renewed from the date of the purchase until the day prior to the expiration date stated in the administration of the project. The expiration date refers to the day that Your domain will become invalid, hence will cease to function. Domain Renewal is considered paid when the Payment date precedes the expiration date. The payment date is set when the chosen payment entity (i.e., payment method provider) confirms the successful arrival of the payment. If Domain Renewal is not paid on time, the domain falls into the Quarantine. It is possible to redeem the domain from the quarantine, but an administrative fee will be charged. For gTLD (generic top level domain - e.g. com, net, org) restore prices are 150 USD / 100 EUR. Restore prices for other TLDs may vary, starting at 150 USD / 100 EUR.
4.3 Cancellation of Registration
The domains are the property of who acquired them right from the moment of completed purchase; hence it cannot be revoked and reimbursement is, therefore, unfeasible.
4.4 Private Domain Registration
You can register a domain name and still maintain Your privacy/anonymity as a means to avoid receiving SPAM (unsolicited electronic messages), or being found on databases. During the registration process You are required to disclose Your contact information, though this will only be used for charging purposes (i.e., to create an invoice). Moreover, the information provided will not be disclosed. The service of private domain registration is provided by and is in compliance with the Conditions of Use of Anonymouse Domains, s.r.o., Registration Number: 28296800, based at Hlinky 995/70, Staré Brno, 603 00 Brno, or other third party. The Conditions of Use of the Service are listed here: https://www.anonymousedomains.marketing/service-agreement.html
5. Contract and Contract Revocation
A binding contract is initiated between You and ello, at the time You subscribe a service and it will be uphold once the payment is successfully completed. "Successfully completed" is defined as full amount was paid and an invoice is available in your e-mail address, under "Back office" in the "Purchased services and billing section". There is a "refundable period" of 15 days in which You can request for cancellation of the service. However, this process follows a specific set of criteria and rules (please refer to Paragraph 6.5).
5.2 Contract Revocation
Revocation of any service can be requested at any time if You do not intend to obtain the refund of paid fees. Also, revocation, acquisition of services, and request for changes in current services (i.e., whatever affects the functionality of Your project) must be presented by You (the owner of the project) in written form (by email), and from the email address used to register the project.
5.3 Duration of the Contract
The acquisition of website packages has a length of 1 year up to 10 years of contract. Domains have a minimum of 1-2 years (depending on provider's conditions) and a maximum of 10 years of contract. For the remaining services, unless it is otherwise notified upon purchase, the contract ends once the service is provided.
6. Payments/Fees and Refunds
6.1 Methods of Payment
Premium services can be paid by all accepted PayPal credit cards.
Note: You are responsible to fill in Your information on the payment request. Please make sure that all fields are completed and that all data supplied is accurate. ello is not responsible for uncompleted requests due to wrong or insufficient User-information.
6.2 Payment processing
When You use PayPal to subscribe, you authorize ello (either directly or through its affiliates, subsidiaries or other third parties) to collect the payment from Your card or account. We will store Your payment information during the checkout process for future use, making the automatic renewal and purchasing other services faster and more convenient. All payment processing is secure and PCI-compliant.
6.3 Recurrent Payment (Automatic Renewal)
If You use Your credit card or Paypal to make a purchase, automatic renewal may be available in some cases. The frequency of renewal can be monthly or yearly, depending on the type of payment that You selected. For yearly-based renewals, the amount is charged prior to the expiration date of the package.
The automatic renewal can be cancelled at any time in the "Administration" of Your project. You authorize ello to withdraw payment for services from your card or account until you cancel automatic renewals.
6.4 Payment Date and Activation Date
The payment date is set upon confirmation of successful reception of the amount in question by the payment entity chosen (i.e., payment method provider). Regarding payments made with Credit Card through PayPal, the amount is deducted immediately from Your account. In addition, payment date and activation date are the same, unless the recovery of the fully paid order has to be done manually. In this case, the activation may be delayed for several days.
6.5 Requests for Refund
All services, except for domain registration, are refundable within 15 days from the date of activation. The refund is possible only for Your first purchase of Premium services. ello will not refund any subsequent purchases, including the Automatic Renewal of services carried out by Recurrent Payment. Please note that vouchers are not refundable in any way or form. It is not possible to refund already registered domains.
If - in case of online advertising campaigns - a third party (Google) decides to block the created campaign due to questionable product/service the campaign offers, it is not possible to request a refund. In such case, ello is not responsible for the potential financial loss of the User.
To request contract revocation, You must send an email to Our Customer Care department (please refer to Article 5).
For cancellation of website packages within the 15-day period, no justification is necessary; though it is encouraged as We use it as an information source.
In the case of authorized request to cancel any service, except for website packages and domain registrations, You must provide a reason for the cancellation. For all cases mentioned above, the reasons that may trigger a refund are:
(a) Full termination of all services (including free versions);
(b) Repeating technical issue with the service, that impairs the normal function of Your project;
(c) Failure to provide service that was paid in full (with confirmation of payment).
Note: ello reserves the right to review the cancellation reason You stated and to decide upon acceptance or denial of Your request.
6.6 Date and Method of Refund
Refund of the fees paid will take place up to 60 days starting from the date of ello's notification of refund, and will be processed through the same payment method (except in the case of direct deposit) or by a non-refundable reimbursement voucher. The deactivation is done at the same time as the refund.
7. Acceptable Usage
"Acceptable Usage" of ello's website, its contents, products and services is defined in Paragraphs 7.1 through 7.8. Activities that go against or are otherwise forbidden by these paragraphs are, therefore in violation of the TOS and make You liable to disciplinary action and legal prosecution. For more information, please refer to Article 10.
You will not post on nor distribute through the ello Site any materials that are of defamatory, threatening, obscene, harmful, pornographic or otherwise illegal nature. Also, materials that somehow violate or infringe, in any way, on Our rights or on the rights of others (including but not limited to intellectual property rights, confidentiality rights and privacy rights) are absolutely forbidden, as well as activities that may cause distress or inconvenience on Us or others. Moreover, You may not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. We encourage Users to treat each other in a respectful and polite manner.
7.2 Ownership of Content
You will not post nor otherwise make available on ello Site any material which You do not own, without the express consent of the lawful owner of the material in question.
7.3 Participation in Events
You will abide by the rules of any competition, promotion or marketing campaign that You participate on Our Website.
You will not engage in any behavior or action that may affect the operability or the security of ello Site nor will You cause unreasonable inconvenience nor disruption to Our staff.
You will not impersonate any person/entity, nor misrepresent Your affiliation with a person/entity.
You will not promote Your ello Site by sending SPAM (i.e., emails sent to accounts without the previous agreement of the account owner).
7.7 Robot Software
You will not use robot software (nor any other software that is not ello) to create new ello Sites nor to access nor modify ello Sites.
You will not use workarounds of any kind, to overcome package limitations or limitations of any ello service or feature.
8. Intellectual Property
All copyright materials, trademarks and other intellectual property rights materials or contents supplied as part of ello Site shall remain, at all times, vested in Us or Our licensors. You are not permitted to use this material or content unless authorized by Us or Our licensors. Moreover, You are only allowed to use such material in the manner described in the Terms and Conditions, and no other. You will not copy, reproduce, distribute, commercially exploit nor in any form benefit/profit from such materials or contents, nor You will assist/facilitate any Third Party in actions such as the ones mentioned above.
Moreover, if You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
We shall abide by all applicable country-specific data protection legislation regarding any of Your personal information gathered by Us.
9.2 Data Processing
9.3 Data Withdraw
You may request to withdraw Your personal information from Our marketing database. To do so, You (the owner of the project) must make a written request (from the email address used to register the project) to Our Customer Care department either using the link in Your ello Site, or by the Contact webpage in Our Website.
9.4 Changes in Personal Data
We strongly recommend the update of all personal information, since this data is used in Customer Care services.
In order to use Our services and products, You must have a valid registration to ello. This entitles to have a project in which You can have multiple ello Sites. To register, You must provide a valid email address, a password and other personal information. You are the sole responsible for the confidentiality of Your password and account. All activity originated from Your account and/or password is Your responsibility. We strongly suggest that You keep Your password and account information strictly confidential and do not share it with anyone. In case of unauthorized use of Your password and/or account, immediately notify ello in writing from email address used to register the project. To avoid misuse of Your account, ensure that You sign out from Your account at the end of each and every session.
10. Violation of Our Terms
Failure to comply with the conditions stated on Article 7 and/or participation in activities that go against or are otherwise forbidden by these Terms of Service make You liable to disciplinary action and legal prosecution. The decision to initiate disciplinary action (including but not being limited to interruption of all services) falls under the discretion of ello.
Please report infractions to the present Terms of Service, Our Terms and Conditions or to Your local laws. To inform us of any such activities, please click here.
11. Interruption/Termination of Services
We reserve the right to immediately terminate or suspend indefinitely Our services to You, if You breach or We have reasonable grounds to believe that You are likely to breach Our Terms and Conditions. Also, We will terminate Our services to You, at Our sole discretion, if You engage in a conduct which We determine to be unacceptable.
WE ARE NOT RESPONSIBLE FOR DAMAGES TO USERS OR TO THIRD PARTIES OR TO THEIR HARDWARE THAT OCCUR DIRECTLY, INDIRECTLY NOR ACCIDENTALLY AS A RESULT OF NOR IN CONNECTION WITH THE USE OF OUR SERVICES AND/OR PRODUCTS, INCLUDING THE DOWNLOAD OF MATERIAL THROUGH OUR SERVICES. WE ARE NOT LIABLE FOR DAMAGE TO USERS OR THIRD PARTIES AS A RESULT OF THE INABILITY TO USE OUR SERVICES AND/OR OUR WEBSITE AND/OR PRODUCTS, NOR DIRECT, INDIRECT, NOR IN CONNECTION WITH THIS EVENT. HENCE, YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF ello SITE, OUR SERVICES AND PRODUCTS IS DONE AT YOUR SOLE RISK AND THAT ello WEBSITE, SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY AND/OR FUNCTIONALITY OF ANY THIRD PARTY'S WEBSITE AND/OR MATERIAL YOU MAY ACCESS THROUGH ello SITE.
12.1 Third Parties
We do not endorse and shall not be held responsible nor liable for any content, advertising, product or service on or available through Third Party Websites.
Any transactions between You and any Third Party found on or via the ello Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the entity in question. Therefore, We are neither responsible nor liable for any loss/damage of any sort, incurred in such dealings.
12.2 Exclusion of Warranty
ello, its subsidiaries, and its licensors do not represent nor warrant to You that:
(a) Your use of the services and products will meet Your requirements;
(b) Your use of the services and products will be uninterrupted, timely, secure or free from error, or viruses;
(c) Any information obtained by You as a result of Your use of the services and products will be accurate or reliable;
(d) Defects in the operation or functionality of any software provided to You as part of the services will be corrected;
No advice or information, whether verbal or written, obtained by You from ello, through or from Our services shall create any warranty not expressly stated in the terms.
ello further expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
13. Limitation of Liability
Subject to overall provision in the Disclaimer (Article 12) above, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ello, ITS SUBSIDIARIES AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR THE CONDITIONS STATED ON PARAGRAPHS 13.1 THROUGH 13.3
Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
Any loss or damage which may be incurred by You, including but not limited to loss or damage as a result of:
(a) Any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the services;
(b) Any changes which ello may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(c) Deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the services;
(d) Your failure to provide ello with accurate account information;
(e) Your failure to keep Your password or account details secure and confidential.
The limitations on ello's liability to You in paragraph 13.1 above shall apply whether or not ello has been advised of or should have been aware of the possibility of any such losses arising. Also, limitations which are lawful in Your jurisdiction will apply to You.
13.3 Information Provided on ello Sites
We are not responsible for nor We will be liable to:
(a) Materials written by Users, particularly those posted on blogs and/or forum. In addition, We do not endorse such materials and reserve the right to monitor such contributions, as well as, to respond, comment, edit, refuse to post, or remove any content from blogs and/or forum at Our absolute discretion. However, failure to remove particular material does not constitute an endorsement nor acceptance of it by Us;
(b) The accuracy, timing or reliability of any information/statement on ello Site, nor We will be held accountable/liable for statements, advice and/or opinions generated by Users on blogs and forum (except to the extent required by law). If You have any claim arising from the actions and/or statements of another User, You agree to pursue such a claim only against that User and not against Us;
(c) The quality, accuracy nor fitness of ello Site, except to what is required by law. However, We will engage in all reasonable efforts to provide Our services in the most professional manner;
(d) Any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible nor liable to You for any other loss/damage that You or any Third Party may be the subject of as a result of using nor in connection with Your use of ello Site.
14. Continuous Improvement Process
The quality of Our services and products is the main focus of ello attention; hence Our system is subject of a Continuous Improvement Process (CIP) both on the technological and design aspects of the product.
As part of Our commitment to excellence, ello welcomes Your comments and suggestions to some or all of the conditions and policies stated on the present Terms and Conditions. In order to contribute with Your comment/suggestion, contact Our Customer Care department, or send an email to: firstname.lastname@example.org
Last modified April 12, 2018.