3. Provided Services
3.1 BASIC PLAN: KOOLMETRIX undertakes in particular, free of charge, to associate Client’s Google Merchant Center account with KOOLMETRIX’s SHOPLY CSS and to include Client’s products on KOOLMETRIX’s price comparison website Shoply (css.shoply.pro). This service can only be utilized through Google Shopping Ads (including Google Performance Max campaigns), which will be managed and placed exclusively by Client.
3.2 The provision of the above services mentioned in clause 3.1 hereof requires the use of the technologies/platforms Google Ads, Google Performance Max and Google Merchant Center. Client expressly agrees to the use of said technologies/platforms by KOOLMETRIX. These third party services with respect to Client’s accounts will be invoiced directly to Client.
3.3 Client shall a) accept the association of Client’s Google Merchant Center account with SHOPLY CSS, and b) allow KOOLMETRIX to display Client’s products on KOOLMETRIX’s price comparison website Shoply, as these are required for the provision of the agreed Services. KOOLMETRIX shall not be liable for delays and/or damages due to any delayed or inadequate granting of the above appropriate access by Client or due to errors present in the above accounts, data and information of the Client.
SWITCHING TO SHOPLY CSS
After you subscribe to our Services, we will send you a switch request using your Merchant Center ID and you will receive a notification email. In order to switch from your old CSS to SHOPLY CSS, you will need to accept the switch request. Your old CSS provider will also get a request to release your Merchant Center. After the process is complete, your Google Merchant Center account will be associated with our SHOPLY CSS.
SWITCHING FROM SHOPLY CSS
If you decide to cancel your subscription and terminate our agreement, you will have to switch to a different CSS. Switching from SHOPLY CSS to a different CSS follows a similar process as above, where you will have to accept a request to switch.
3.4 Notwithstanding the process of switching to and from SHOPLY CSS, we do not offer any support services in relation to the above Services under clause 3.1 herein.
3.5 The aforementioned Client’s accounts with third-party providers, i.e. Client’s Google Ads and Google Merchant Center accounts, as well as their content, are under the exclusive management of Client for the duration of the contract. The only changes made by KOOLMETRIX concern exclusively the above Services under clause 3 and are made only for the purposes of this contract. Any interventions and/or modifications made by Client to the above accounts may affect the quality and correctness of the services provided. Accordingly, KOOLMETRIX shall not be liable to Client in the event of improper or unsatisfactory provision of services due to such interference or modifications made by Client.
3.7 Client acknowledges that KOOLMETRIX in no way guarantees, nor could it by nature of the above services and technologies guarantee, the achievement of specific objectives as a result of the provision of its Services, such as, for example, a percentage increase in website traffic or in page popularity, a percentage increase in website visitors placing orders, a percentage increase in Client’s website active clientele or its turnover, a percentage increase in the number of orders. Any reference to such measurable results is based on the experience and results of the previous work of KOOLMETRIX but it is strictly indicative, does not bind KOOLMETRIX, nor does it create any claim or right to compensation in favor of Client in the event that the same or similar results are not achieved.
3.8 Client agrees that KOOLMETRIX has the right to refer to the existence of the business relationship/collaboration created under this Agreement, as well as to any positive measurable results produced during its operation for the purposes of commercially promoting and advertising its business throughout the duration of this Agreement and after its final termination. Likewise, and in implementation of the above, Client grants to KOOLMETRIX the right to use, solely for the above purposes, Client’s trademarks (e.g. posting a Client’s trademark or product mark on the corporate page or in a commercial presentation of KOOLMETRIX). It is expressly agreed that the obligations in this clause 3.8 prevail over obligations in any confidentiality conditions or confidentiality agreements if such were concluded by the Parties.