The website 01generator.com belongs to Sole Proprietorship SARAFOUDIS GEOR. NIKOLAOS.
Its registered office is at Ptolemaion 11, Thessaloniki, 54630, Greece.
VAT EL113019620
TAX OFFICE Ε' Thessaloniki
Activity Programming of electronical systems
General Electronic Commercial Registry Number 136183606000
These General Terms and Conditions of Use are applicable to all Customers as from August, 24, 2022.
Together with the Personal Data Protection Policy, these constitute the whole terms and conditions of use. These general terms and conditions are available in Greek and other languages. However, in the event of inconsistencies or contradictions between the Greek version and translations of this document, the Greek version prevails.
1. Definitions
Account: Refers to the exclusive space made available to the Customer to enable him to download the Addons purchased, access his personal information and purchase history on 01generator.com, his payments and invoices and his requests for support.
Addons: Refers to the Modules, Plugins, Extensions and Themes listed and offered for sale on the site 01generator.com
After-Sales Service (ASS): Refers to the service provided by 01generator team to Customers who have purchased one of its Addons, consisting of maintenance and support as defined in Technical Support.
Technical Support: Refers to the service provided by 01generator team for the purchase of an Addons, including After-Sales Service and update services of the purchased Addons.
Customer: Refers to any individual or company, Merchant or Technical provider acting on behalf of a Merchant that wishes to acquire, within his professional activity, one or more Addons on 01generator and/or benefit from the Technical Support service.
Technical Support: generic technical update for security and debugging, addition of a new feature or level upgrade of a new version of the Addon as defined in Technical Support.
Modules: Refers to Addons that are intended to add one or more features to the Solution, compared with the basic version.
Packs: Means the purchase of one or several Modules sold together and identified as such on 01generator
01generator: Refers to a Sole Proprietorship SARAFOUDIS GEOR. NIKOLAOS. Its registered office is at Ptolemaion 11, Thessaloniki, 54630, Greece. And website 01generator.com, 01generator.gr
2. Acceptance of Terms and Conditions
The use of 01generator is subject to the Terms and Conditions that 01generator reserves the right to unilaterally change at any time. The modifications shall become effective and are applicable as from their publication on the 01generator site, except for the current downloads. By ticking the box “I accept the terms and conditions” when a person creates an account or during any update, the Customer is deemed to have read and accepted these Terms and Conditions which shall be applicable and which he must comply with.
Failing to tick the box shall prevent the creation of the Customer's account and it shall not be valid, as the Customer hereby acknowledges. Customers are informed that the use of 01generator and the order of Addons and Technical Support service is exclusively reserved for professionals, adults or emancipated (within the meaning of consumer law), and declare that they are acting in this capacity.
This declaration is crucial for contracting with 01generator, the Contractor's remuneration having been established in accordance with the exclusions and limitations of liability provided for in these Terms and Conditions.
As a professional acting for purposes that fall within his commercial, industrial, artisanal or self-employed activity, the Customer acknowledges that he does not have the right of withdrawal which is for the sole benefit of the consumers within the meaning of the Consumption Code. At the time of downloading Addons, the Customer acknowledges that he does not benefit from an option to withdraw on the digital content downloaded as soon as the download has started.
3. Availability of 01generator Addons
01generator shall make its best efforts to make the download of Addons accessible from its website 24 hours a day and 7 days a week, without interruption other than that required for the curative and evolving maintenance of 01generator Addons.
The Customer’s attention is specifically drawn to the fact that the 01generator Addons is, like any website, and more generally like any IT application, likely to suffer malfunctions, anomalies, errors or interruptions.
01generator provides no specific guarantees to the Customer regarding the uninterrupted operation of 01generator Addons and the Account.
01generator accepts no performance obligations in terms of service levels, whether for time to service or fix. In this regard, 01generator accepts only a best efforts obligation.
01generator cannot guarantee that a fix can be found for reported incidents and issues.
4. Access to 01generator Addons
The use of 01generator Addons is reserved for people acting on a professional basis, for purposes that fall within their commercial, industrial, artisanal or self-employed activity, individuals of legal age or emancipated minors, who have full legal capacity.
In order to download Addons, the Customer must first register on the 01generator website, following the procedure that is indicated for this purpose.
The registration on 01generator website is free and without any obligation to purchase.
The Customer is solely responsible for maintaining the confidentiality of his login details. He is deemed to be the only person to have and to use them. 01generator waives any responsibility in case of the use of 01generator Addons by a person, other than the Vendor or a person authorized by him, who has his login details.
5. Download of Addons
The Customer may consult the functionalities of Addons on 01generator. For further information, the Customer may contact 01generator by using the link: https://01generator.com/shop/en/contact-us
The 01generator Company is not obliged to advise the Customer with regard to the suitability of an Addon for his needs or its level of expertise, for which the Customer acknowledges to have been informed and has accepted.
01generator does not undertake any commitment nor does it grant any guarantee, in particular relating to:
- the suitability of an Addon for the Customer’s needs;
- the use without any malfunction or anomaly of an Addon as, like any IT application, it is likely to be affected by malfunctions, anomalies or errors;
- the increase in the Customer’s turnover;
- the increase in the number of visitors on the Customer’s Store;
- the quality of any after-sales service which the Customer may set up for its own customers.
6. Technical Support
6.1 Subscription and Duration of the Technical Support service
For any purchase of an Addon, the associated Technical Support service is provided by 01generator, the service applies per Addon and per URL. The Technical Support service includes for each Addon:
- After Sales Service (ASS)
- Update Services
The Technical Support service is included with the purchase of an Addon and is provided for a period of three (3) months from the date of purchase of the Addon by the Customer.
When the support is expired/terminated, customer can renew it at any point and each renewal is for (3) months.
If the customer renews a support that is not expired/terminated the duration of the (3) months will be added after the date of expiration/termination of the active support.
Each renewal costs the 30% of the price(with out discounts) of the product purchased.
6.2 Services include in Technical Support
1. After Sales Service (ASS)
We are commited to answer questions and complaints of the customers as soon as possbile at office working hours.
If necessary we undertake to make all the corrections to resolve the anomalies within thirty (30) working days
We undertake to make all necessary corrections to an anomaly directly and exclusively related to the Addon concerned, at its own expense within the aforementioned time limits, or failing that to refund the Customer the price of the Addon concerned.
We provide After-Sales Service only if the Customer's Store version corresponds to the compatible versions advertised on the Addon's product sheet at the time of purchase, and if this Store does not contain any additional developments that are contrary to and incompatible with the installed Addon. Similarly, After-Sales Service may be refused to the Client in the event of specific developments, modifications to the source code or source files of the Addon carried out at the Client's initiative.
This service includes assistance with the installation advice, configuration and use of the Addon. It does not include any intervention on the Customer's store.
In case of failure of the Addon, we may propose and/or communicate a minor and/or major update of the Addon, subject to its availability at the time of the Customer's request for After Sales Service.
2. Update Services
As part of the support, we offer Customers Update Services for its Addons. In accordance with the above, the Technical Support service is not characterized by specific developments, customized on request and tailored to the Customer or its Shop and does not constitute an extension of the Addon's repayment period. The purpose of the Addon Update is to make it compatible with future versions of the Solution.
All latest updates are available for each addon from the download manager page as long as the client has an active technical support.
7. Payment
The Customer who wishes to download an Addon clicks on “Add to cart”. The Customer may add several Addons to his cart. For Addons packs, the Customer pays for one product in his shopping cart. The price of each Addons is detailed on the invoice of the pack’s purchase.
The purchase of an Addon, excluded the SaaS App, automatically includes the subscription to the Technical Support service for a minimum Subscription Term of three (3) months in accordance with clause 6.1. The total price of a purchase includes the price of the Addon alone.
The prices may be indicated in several currencies on the Addons File and is exclusive of taxes. Special offers can be promoted on Addons and discounts can be granted to the Customer.
The Customer is informed that several promotional codes cannot be combined with each other.
The Customer then completes his order by clicking on “Complete Order” and may pay the price of the selected Addons with a view to their download by using the means of payment proposed on 01generator
The Customer may only download the Addons ordered upon completion of their payment.
If the payment is rejected, for any reason whatsoever, the order will automatically be cancelled, for which the Customer will be informed.
01generator reserves the right to freeze a payment in order to make any verifications required by the law, in particular, concerning money laundering.
01generator is not a payment service provider but an establishment that holds an exemption.
In this regard, the Customer acknowledges that 01generator is under no obligation to refund purchases that have been made fraudulently with the Customer's credit card. 01generator, at its sole discretion, may make refunds to Customers based on the extent or nature of the fraud, upon submission of a complaint to the relevant authorities, or other evidence.
The Customer may consult the history of his downloads and his invoices on his Account.
8. Claims and refund
Any complaint regarding the operation of 01generator Addons and any request for refund of Addons with a current Technical Support service must be made to 01generator via the Customer Account at the following address: https://01generator.com/shop/en/module/zo_virtualproducts/ticketsystem
All Modules are downloadable products. Once the Customer has downloaded or used the module, they are not eligible for a refund unless there are defects found within the software that could not be corrected by After Sales Service.
After a purchase Customer may ask for a refund if the addon is technically defective (provided that the Customer has previously contacted us for After Sales Service)
If necessary 01generator undertake to make all the corrections to resolve the anomalies within thirty (30) working days
01generator undertake to make all necessary corrections to an anomaly directly and exclusively related to the Addon concerned, at its own expense within the aforementioned time limits, or failing that to refund the Customer the price of the Addon concerned.
01generator guarantee that our modules will work as described and advertised on a clean installation of platform in a version specified in the module features and with the platform default theme. If the product you purchased does not work as advertised, you must contact us within the time frame chosen when buying the module and provide your order reference number and detailed information about the problem. 01generator will investigate and fix the problem.
The refund may be only made via bank transfer or vivawallet account.
9. Right of withdrawal
As a professional acting for purposes that fall within the scope of his commercial, industrial, craft or liberal activity, the Customer is informed that he does not have the right of withdrawal which is only available to consumers within the meaning of the Consumer Code.
10. Intellectual Property
01generator is the holder of the intellectual property rights pertaining to 01generator, in particular relating to the addons, software and the graphic elements of 01generator.
The Terms and Conditions do not allow for any transfer of ownership in favor of the other party. Consequently, the Customer undertakes not to harm in any way whatsoever the intellectual property rights held by 01generator.
The Customer only benefits from a simple license of use of the Addons downloaded, which is non-exclusive, personal, globally, and for the entire duration of the copyright. This license is valid for only one Store.
Customer accepts and acknowledges that the Addons license of use is not-transferable, except:
(i) When a Customer Store is transferred.
Under these exceptions, an Addon cannot be transferred unless it is accepted by 01generator.
An Addon transfer includes Technical Support service, when appropriate.
Once the Addon has been transferred, the transferring Customer can no longer access or manage the Addon.
Customer may not under any circumstance distribute, license or make use in any way whatsoever of the Addons and any element that is attached (such as, without this list being exhaustive: functional and technical documentation, logo, etc.), for a purpose other than their use within the Customer’s Store.
The Customers using the Multi-Store undertake to settle with 01generator for additional user licenses, i.e., a license per Store, by contacting 01generator to obtain an estimate, using the contact form.
The breach of the terms of this license could give rise, at the discretion of 01generator, to the termination of the license granted in these Terms and Conditions for the disputed Addon, and/or the deletion of the Account, and/or the option for 01generator to refuse any subsequent download of any Addon from 01generator by the Customer in question.
As from the termination of the license, or as from the reimbursement by 01generator of an Addon, the Customer is responsible for immediately refraining from using the Addon in question, to destroy it and to remove it from his IT system and all of his storage devices.
11. Personal data
The information regarding collection and processing of personal data are detailed in our Personal Data Protection Policy.
12. Liability
Under no circumstance, 01generator shall be held liable to repair a damage of an indirect nature, including but not limited to: a malfunction or a permanent or temporary alteration of the Store, in particular following the installation of an Addon, a loss of income, a loss of customers, undermining of its image or reputation, downloading of a virus, loss or fraudulent appropriation of data, etc.
IN ANY EVENT AND NOTWITHSTANDING THE CAUSE, THE LIABILITY THAT 01GENERATOR MAY INCUR IN ANY FORM WHATSOEVER IN RELATION TO THE PURCHASE, DOWNLOAD OR USE OF ADDONS AND/OR THE PROVISION OF SERVICES, MAY NOT, EXCEPT IN THE CASE OF ANY FRAUDULENT MISREPRESENTATION OR WILLFUL MISCONDUCT, EXCEED THE UNIT PRICE OF THE ADDON, EXCLUDING TAXES, OR THE SERVICE FOR WHICH THE LIABILITY OF 01GENERATOR IS SOUGHT.
Notwithstanding the foregoing, the liability of 01generator shall be excluded in the following cases:
- Use of an Addon that was not downloaded from generator and/or that was not subject to an actual payment;
- Malfunction of the download of Addons related to the configuration or performance of the Customer’s workstation or his Internet connection;
- Malfunction of 01generator related to the curative or evolutive maintenance operations of 01generator;
- Modification by the Customer of the Addon without the consent of 01generator;
- Failure by the Customer to use the most recent version of Addon;
- Lack of communication by the Customer of the elements necessary for resolving the difficulties that he may encounter when using an Addon or during the provision of Services;
- Error in entering the information mentioned in the Customer’s Account;
13. Combat against counterfeit
In a global approach for the combat against counterfeit on the Internet, the Customer undertakes to ensure that the content of his Store is in compliance with the applicable legislation, not to harm third party rights, and not to offer for sale counterfeit goods. He declares that he is not the subject of any infringement action or otherwise. The liability of PrestaShop may not be incurred in the event of sale of the objects that are the result of the counterfeit by one of its Customers.
14. Force majeure
01generator may suspend 01generator Addons if an event independent from its control occurs, or in a case of force majeure or due to a third party act.
It is agreed that legal and statutory changes, fires, storms, floods, strikes in or outside of 01generator, diseases, electrical surges and shocks, cooling system and IT equipment failure, bottlenecks and slowdowns of electronic communication networks, bugging and hacking, and more generally any event that cannot be foreseen and that goes beyond 01generator's control shall be deemed cases of force majeure.
15. Agreement on evidence
The information that is listed (i) in the Customer’s Account, in particular the information relating to downloads, and (ii) the correspondence exchanged between the Customer and 01generator via the messaging tool made available by 01generator, shall be considered as having probative force between the Parties.
The digital registers stored in 01generator's systems in accordance with industry security standards are considered as proof. By way of an agreement on proof, the Customer acknowledges the probative value of the following:
- The download number accounting system,
- Information communicated through the Account, and
- Exchanges between 01generator and Customers through the Account and Middle Office.
This evidence will constitute proof of the transactions and contractual relations between the 01generator and the Customers.
Consequently, the Customer is informed and agrees to copy 01generator in on correspondence between the Customer and 01generator using the messaging tool.
16. Governing Law – Jurisdiction
The T&C are exclusively governed by Greek law
Any dispute which may arise from the interpretation or performance hereof or which could be the continuation or consequence, shall prior to any court or arbitration proceedings, be subject to mediation by a mediator referred to by the more diligent party. If the mediation is unsuccessful, the dispute shall be subject to the exclusive jurisdiction of the Athens commercial court, notwithstanding multiple respondents or third party appeals.
17. Partial invalidity
In the event that, for any reason, all or part of these General Terms and Conditions should be canceled, the other provisions shall remain in full force, except if that clause declared void concerning the essential obligation of the contract.
18. No waiver
The fact that either of the parties is not required to enforce one of the provisions of these General Terms and Conditions cannot be construed as a waiver of said clause
19. Interpretation
In the event of difficulty of interpretation between any of the sections and the content of any article, the sections shall be declared null and void.
20. Independence of the parties
The parties shall remain independent of each other. No provision in these GTCs is intended to or is for the purpose of creating a partnership, mandate, representation or subordination between the Parties.
21. Entry into force
The present Terms and Conditions come into force on August 24, 2022.