Thursday 28th August
Bamford Trading - Partner Setup Form
Welcome to the specification area for your eBay design work. Please take your time and fill in your specification as comprehensively as possible. The more detail you provide our creative team with, the better and more suited your finished design will be. Remember to check all of your answers thoroughly before clicking submit. Thank you for choosing Frooition.
1. Contact Information
Please provide your personal details. The is only used for contact purposes.
* Name
* Email
* Phone
Please provide your business details.
* Company Name
* Address Line 1
Address Line 2
Address Line 3
* County
* Postcode
2. eBay Details
This information will be used to configure and install your design.
eBay User ID
eBay Shop Url
3. Logo Design
The information provided will be used for the header area of your design.
Do you have a logo?
Yes:
No:
Upload your logo:
Or provide a URL to your logo
Do you require our logo design service?
Yes (£150)
No I'm happy with a plain text logo
*Please enter the EXACT name you would like to appear in your logo.
Would you like a symbol or a logotype?
Symbol: this is a graphic illustration with your company name typeset alongside
Logotype: this incorporates your company name into the logo itself
I'm not sure, you decide
Is there anything specific that you DEFINITELY want to see in your logo? (e.g. "I want to see a football in my logo")
The characteristics that define the style of your logo will be the same or complementary to your theme choices in Section 5 below. This is to ensure brand synergy, maximizing buyer trust and customer loyalty.
Please provide us with any further information that could assist us in producing your ideal logo.
Company Slogan/Strap line
4. Colour Choice
This colour selection will be used to create the brand colours for your design. If you choose to specify the exact colour codes please make sure they are 100% correct.
Primary Colour (Most visible)
Colour Code #
Choose Colour
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Red
Pink
Orange
Yellow
Green
Turquoise
Blue
Purple
Grey
White
Black
Silver
Gold
Brown
Cream
Choose Shade
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Light
Medium
Dark
Second Colour
Colour Code #
Choose Colour
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Red
Pink
Orange
Yellow
Green
Turquoise
Blue
Purple
Grey
White
Black
Silver
Gold
Brown
Cream
Choose Shade
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Light
Medium
Dark
Third Colour
Colour Code #
Choose Colour
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Red
Pink
Orange
Yellow
Green
Turquoise
Blue
Purple
Grey
White
Black
Silver
Gold
Brown
Cream
Choose Shade
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Light
Medium
Dark
Colour Comments
5. Theme Selection
This information will be used to create the brand image and feel of your design. You do not have to specify any sites but we find it usually produces a better result.
Design Style (guide)
Select Style
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Modern
Futuristic
Homely
Retro
Rugged
Industrial
Corporate
Fun
Rustic
Website 1 (URL of a site you like)
Website 2
Website 3
Please attach any images you think may be suitable for inclusion when creating your shop graphics
Theme Comments
6. Additional Info
Is there anything else worth mentioning. General Comments
7. Agreement
1. DEFINITIONS In this Agreement the following terms shall have the following meanings:- “Payment” means the sum specified on the Frooition website or in official printed documents or provided by a Frooition employee payable in accordance with section 4 of this Agreement and any further payments incurred by requests for additional work above and beyond the Service Offering set out in section 7. “Frooition” means the company Frooition Ltd whose main office is at Frooition House, Silver End Business Park, Brettel Lane, Stourbridge, West Midlands DY5 3LG, UK and any child company, division, or department of Frooition. “Client” means the individual and/or company plus any 3rd party responsible for Payment and/or responsible for submitting the Form. “Form” means the web based setup form located at www.Frooition.com/specification/ “Service(s)” means the eBay design services provided by Frooition to the Client under the terms of this Agreement outlined in section 7. “Intellectual Property” means all intellectual property rights of Frooition including, without limitation, trade marks, registered designs, applications for any of the foregoing, trade names, business names, copyright, rights in the nature of copyright, and other similar rights, in any part of the world and in addition the copyright in all drawings, plans, specifications, designs and computer software owned by Frooition or used in or for the purposes of the business and all Know-how and confidential information so owned or used. This includes but is not limited to; source code, JavaScript, Flash, ActionScript, CSS. HTML, PHP and any unpublished technical information deriving from Frooition. “Excluded Information” means any design work created in whole or in part by Frooition for the Client under the terms of this Agreement which Frooition wishes to use and display as part of Frooition’s portfolio or for use as sales or marketing material. “Know–how” means all information and data of a confidential or un-confidential nature whether patentable or not including inventions, discoveries, improvements, techniques, processes, formulae, drawings, designs, specifications, manuals, instructions and lists, in each case whether written or unwritten. 2. INTERPRETATION Except where the context renders it absurd or impossible every reference to any party to this Agreement shall include his or her successors in title and personal representatives, by and against whom this agreement shall be enforceable as if they had been originally named as parties. In this Agreement, words expressed in any gender shall where the context so requires or permits include any other gender; words importing persons shall include bodies corporate and partnerships and other incorporated bodies and vice versa; words expressed in the singular shall where the context so requires or permits include the plural; and where any party is more than one person: that party’s obligations in this Agreement shall take effect as joint and several obligations; anything in this Agreement which applies to that party shall apply to all of those persons collectively and each of them separately; the benefits contained in this Agreement in favour of that party shall take effect as conferred in favour of all of those persons collectively and each of them separately; The headings to clauses are inserted for ease of reference only and shall not affect the construction of this Agreement. References in this Agreement to anything which any party is required to do or not to do shall include his acts, defaults and omissions, whether direct or indirect; on his own account; or for or through any other person; and those which he permits or suffers to be done or not done by any other person. 3. COMMENCEMENT & TERM This Agreement shall commence on the date the Form is submitted regardless of Payment date or any other factor and shall remain in force for an infinite period of time with the exception of the terms outlined in Section 5. This is binding regardless of any subsequent individual or company name alteration, change of ownership or any other similar scenario. 4. PAYMENT The Client agrees to send Payment to Frooition by either Credit/Debit Card, Bank Transfer, PayPal or Cheque. Frooition will not schedule or start any work until payment has been made. In the event that payment of any outstanding amount has not been received from the Client within 30 days (or less if specified) Frooition reserve the right to remove any design work undertaken and disable the Clients access to any software application owned, operated or developed by Frooition. Frooition reserve the right to charge the Client for any incurred costs in compensation for loss of earnings together with interest on any amount outstanding under the terms of this Agreement from the date the payment becomes due until the date the payment is received by Frooition. In addition, the Client shall be responsible for the payment of any other fees (including but not limited to any fees payable in connection with a) Public marketplaces: such as eBay, Amazon, b) Payment providers such as CyberSource, Optimal and PayPal, c) Search or comparison sites such as Google, Kelkoo, Shopping.com and the Client shall indemnify Frooition in respect of the same. 5. TERMINATION Either party may by written or electronic notice (in addition to any other rights) terminate this Agreement or suspend performance of all or any obligations under it immediately and without liability for compensation or damages if: the other party fails to comply with any of their obligations under this Agreement or any Agreement supplemental to it and the failure (if capable of being remedied) remains un-remedied for 30 days after being called to attention by written or electronic notice from the party not in default; the Client dies, becomes bankrupt, has a receiving order made against them, makes any arrangement with his creditors generally or takes or suffers any similar action as a result of debt; the Client is guilty of any act which brings Frooition into disrepute or which in Frooition’s opinion is prejudicial to its interests; The Client fails to make future Payment(s) including but not limited to; custom work requests and/or subscription fees. The Client purports to assign the burden or benefits or charge the benefits of this Agreement without the written consent of Frooition. Frooition convenes a meeting of its creditors or suffers a petition to be presented or a meeting to be convened or other action to be taken with a view to its liquidation except (with the written approval of the Client) for the purposes of and followed by amalgamation or reconstruction or if an effective resolution is passed to wind up Frooition or if a Liquidator is otherwise appointed; The Client convenes a meeting of its creditors or suffers a petition to be presented or a meeting to be convened or other action to be taken with a view to its liquidation or if an effective resolution is passed to wind up the Client or if a Liquidator is otherwise appointed. 6. CONFIDENTIALITY Information shall constitute Intellectual Property for the purposes of this Agreement irrespective of whether it is communicated orally or electronically or in any recorded (whether or not transient) or written form by Frooition, its employees or advisors or obtained through observations made by or on behalf of the Client at the offices or other premises of the Frooition or otherwise. The Client shall not at any time without the prior written consent of Frooition use or disclose any of the Intellectual Property otherwise than for the permitted purpose and (without prejudice to the generality of the foregoing) shall not use any of the Intellectual Property for its own commercial benefit. Any information provided by the Client to Frooition shall be used solely for the purposes of assisting Frooition to comply with their obligations under this Agreement and shall remain confidential at all times. Frooition reserve the right to use the Excluded Information at any time providing Frooition provide the Client with reasonable notice of its intentions. All Intellectual Property Rights and Know-how shall at all times remain the property of Frooition. The Client shall not use, resell or dispose of any Intellectual Property rights without obtaining Frooition’s prior written consent. 7. SERVICE OFFERING eBay Shop - About Me - Listing Template: Frooition will create and implement the following items; 1. Text styling - including font type, link style and colour coding. 2. Header & Sub Header Graphic(s) - including Client logo and imagery. 3. Left, right and central area graphics (box title, box content & box footer). 4. Main “ambience” Picture 5. Gallery and List View Graphics 6. Footer Graphic – Including complementary brand imagery (if applicable). 7. Flash Animation – Text based animation (no more than 100 characters) 8. Feedback Section – added to central area of shop. 9. Top 5 Item Box – including implementation and config. 10. Star item Box – including implementation and config. If the Clients shop already has additional graphics and/or functionality on the homepage, Frooition will attempt to convert such data to the new format. However, as this is not part of the standard Service, certain aspects may incur an additional fee. The eBay shop and About Me design provided by Frooition does not include creation, alteration or expansion of any current, additional or future shop pages or About Me Page content. If the Clients shop already contains additional pages and/or the About Me page has content added by the Client, Frooition is only responsible for making sure the content of those pages is contained within the new format. Frooition is not responsible for converting any previous content found on an individual item listing description. It is the Clients responsibility to convert any previous descriptions into a format that will work with the Frooition Service. The Service includes access to web based software based on a subscription system. The Client understands that failure to pay subscription fees will result in suspension and or deletion of the Clients account. Graphics are created for use in a single eBay account and may not be used either directly or indirectly with another eBay account without Frooition’s permission. Installation into further accounts will incur an upfront charge and the Client will require an additional License which they can obtain by beginning an additional subscription to the relevant Frooition software. Frooition reserve the right to charge the Client an additional fee if in their opinion, the client is using excessive bandwidth. Requests for additional work beyond the Frooition Service offering whether specified on the Form, via email (electronic), in writing or communicated verbally will be subject to an additional charge. It is the responsibility of the Client to read and understand the Service offering and therefore the Client has no grounds for dispute if their requests incur an additional charge. Frooition shall endeavor to provide the highest level of customer Service to the Client wherever possible. In the event that the Client has any concerns the Client should address such concerns to Frooition prior to Frooition starting work. Lack of reply from Frooition does not constitute grounds for dispute. Any Service provided by Frooition whether paid for or not is solely for the creation of graphics. All Intellectual Property and Know-how will remain exclusively owned by Frooition and Frooition may terminate the Clients access in accordance with Section 5. 8. FROOITION MARKS Frooition provides its marks, including without limitations, its “Frooition” logo and “Solution by Frooition” text in Listings, eBay Shops and About Me pages. The Client agrees that Frooition will display its marks on eBay in a format determined by Frooition without exception and all marks will be linked to a destination chosen by Frooition. The Client acknowledges that all right, title and interest in the Frooition marks is exclusively owned by Frooition and that all use of the Frooition marks is to the benefit of Frooition. The Client shall not assert copyright, trademark or other Intellectual Property ownership or other proprietary rights in the Frooition marks or in any element, derivation, adaptation, variation or name thereof. The Client shall not contest the validity of ownership for any of the Frooition marks. The Client shall not, in any way, adopt, use, or register, or apply for registration of, whether as a corporate name, trademark, service mark or other indication of origin, or as a domain name, any Frooition marks, or any word, symbol or device, or any combination confusingly similar to any of the Frooition marks. Any license to use Frooition marks shall be in accordance with this section and any other Frooition instructions and rules as may be provided from time to time. Licensee shall not attempt to remove, obscure, reproduce, change the location or size, or change the look or feel, sell, distribute, decompile, reverse engineer, publish, transmit or use in any marketing materials, or otherwise alter in any manner any Frooition marks or use the Frooition marks in any manner that may dilute, diminish, or otherwise damage Frooition’s rights and goodwill in their respective trademarks, tradenames, service marks, and/or logos. The Client and Frooition may not use each other’s marks in any manner that implies sponsorship or endorsement by the other party of services and products other than those expressly authorized by that other party. 9. LIMITATION OF LIABILITY Frooition does not warrant the commercial success of their Services or products. Frooition accepts no responsibility for and shall not be liable to the Client for any loss or damage the Client may suffer as a direct and/or indirect result of the acts or omissions of the Client, any of the Clients employees or representatives or any third parties to the Agreement. Frooition shall not be liable for any future updates, modifications or corrections to the Clients work as a result of interference or changes made by eBay or any other 3rd party. Frooition shall not be liable for any problems the Client may have with any public marketplaces including but not limited to eBay, as the Client is bound by their respective user agreement with the public marketplace. Frooition shall not be held responsible for any Frooition web hosting performance issues including but not limited to; connectivity, downtime or loss of data and shall not be held responsible for loss of earnings as a direct or indirect result of using hosting provided by Frooition. Frooition shall not be liable for any loss or damage caused to the Clients business in the event that Frooition disables the Clients access to any software or removal of design work. Frooition shall not be liable for any additional costs the Client incurs as a result of Frooition changing its Service offering as detailed in section 7. Frooition shall not be liable for the accuracy of any information provided by the Client to Frooition at any time, however the information is provided. Frooition accepts no responsibility for and shall not be liable to the Client for any loss, consequential loss or damage the Client may suffer as a direct and/or indirect result and/or consequential upon Frooition’s failure adequately or at all to perform all or any part of this Agreement to include delay and/or cancellation by reason of Frooition being prevented, hindered or delayed by reason of any act of god, riot, strike or lock-out, accident, breakdown of equipment, fire, storm, flood, shortage of staff and/or equipment. The Client shall be responsible/liable for and shall indemnify Frooition against all claims including costs for any claim made by a party not a party to this Agreement for loss, consequential loss or damage that party may suffer as a direct or indirect result of and/or consequential upon Frooition’s failure adequately or at all to perform all or any part of the Agreement to include delay and cancellation by reason of the Frooition being prevented, hindered or delayed by reason or any act of god, riot, strike or lock-out, accident, breakdown of equipment, fire, storm, flood, shortage of staff and/or equipment. The Client agrees and acknowledges that Frooition shall not be liable for any loss damage, expense, liability or delay whatsoever and howsoever the same may arise or be caused whether directly, indirectly, consequentially or otherwise and whether due to or in connection with Frooition’s negligence (except in relation to claims for personal injury or death) or any other act omission or error and whether in or in connection with the performance of Frooition’s obligations under the Agreement or otherwise, and the Client shall indemnify the company against any such claim including costs. Frooition is not reasonably able to insure against such risks and it is the Client’s responsibility to do so. 10. DISCLAIMER EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, FROOITION LTD MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO FROOITION SERVICES OR MARKS. FROOITION HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICES OR MARKS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AGAINST INFRINGEMENT AND IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT ANY FROOIIOTN SOFTWARE OR SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL FROOIIOTN BE LIABLE FOR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT FROOIIOTN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL FROOITION’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED FIVE THOUSAND BRITISH POUNDS (£5,000 GBP). 11. GENERAL PROVISIONS No person who is not a party to this Agreement shall have any right under the Contract (Rights of Third Parties) Act 1999 to enforce any of the terms of this contract. For the purposes of any dealings between Frooition and the Client time shall not be of the essence. The Client must submit to Frooition any press release, case study, or any other public statement naming Frooition. Frooition may assign this Agreement without Client consent to one of Frooition’s affiliates or subsidiaries, whether located in the United Kingdom or another country. The parties are independent contractors. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior or collateral agreements with respect to the subject matter hereof. Any amendments to this Agreement must be in writing and executed by the parties. This Agreement may be entered into by each party in separate counterparts and shall constitute one fully executed Agreement upon execution by Frooition. If any provision of this Agreement is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of this Agreement and the severed provision shall be interpreted to be consistent with the Agreement. The failure of either party at any time or times to require performance of any provision hereof shall in no manner waive or affect the right at a later time to enforce the same. This Agreement will be governed and construed in accordance with UK law without regard to conflict of law principles. Any dispute between the parties shall be adjudicated by UK Law. The parties hereby consent to exclusive personal and subject matter jurisdiction to such courts and hereby expressly waive any argument of forum non conveniens. Neither Frooition nor its agents or suppliers, shall be liable for failure to perform, or the delay in performance of, any of its obligations under this Agreement if, and to the extent, that such failure or delay is caused by events beyond its reasonable control, including, but not limited to, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, fire, floods, strikes, epidemics, quarantine restrictions, Electronic Marketplace Site availability, civil unrest or riots, acts of terrorism, transportation delays, freight embargoes and/or unusually severe weather. By submitting the Form, you (the Client) agree that you understand the terms set forth in this agreement and you agree to be bound by them.
I Agree to the terms and conditions.
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