AGREEMENT ON THE RENTAL OF AN ONLINE STORE
for the sale of custom-printed paper cups
This Agreement sets forth the terms under which you interact with Unicup Sergey Maltcev Sp. z o.o. for use of our website and Services. By using the website yourcompany.printcup24.eu (hereinafter referred to as the “Site”) and related services (collectively the “Services”), you (the “Partner,” “you,” or “your”) agree to be bound by this legally binding Agreement with Unicup Sergey Maltcev Sp. z o.o., a company registered in Poland at Warszwska 54-62, PL 82-300 Elbląg, VAT EU PL5783158836 (hereinafter referred to as “Unicup,” “we,” “us,” or “our”).
Unicup operates a print-on-demand platform specializing in the production of custom-printed paper cups, handling manufacturing and order fulfillment either directly for you or for your clients.
Your acceptance of this Agreement is required to access our Site and Services. Additional policies, such as our Shipping Policy, Return Policy, and Privacy Policy, supplement these Terms and form part of this Agreement. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE REFRAIN FROM USING THE SITE OR SERVICES.
1. General Provisions
1.1. Preamble
1.1.1. This Agreement (hereinafter the “Contract”) governs the relationship between Unicup (hereinafter the “Lessor”) and [Partner Company] (hereinafter the “Partner”) concerning the rental of an online store located at yourcompany.printcup24.eu.
1.1.2. The Partner rents the online store to sell custom-printed paper cups and other products manufactured by Unicup.
1.2. Acceptance of Terms
1.2.1. By using the online store at yourcompany.printcup24.eu, the Partner fully and unconditionally accepts the terms of this Contract.
1.2.2. If the Partner disagrees with any of the provisions of this Contract, the Partner must immediately cease using the online store.
1.3. Definitions
1.3.1. Unicup – the lessor of the online store and the supplier of custom-printed paper cups.
1.3.2. Partner – a legal entity or an individual entrepreneur using the online store to sell Unicup products.
1.3.3. PRINTCUP24 – a registered trademark owned by Unicup.
1.3.4. Online Configurator – a built-in program for online design of personalized products, including a 3D preview of the layout.
1.3.5. yourcompany.printcup24.eu – the online store registered on a subdomain, where “yourcompany” represents the Partner’s company name.
2. Subject of the Contract
2.1. Unicup grants the Partner the right to temporarily use a WooCommerce-based online store for the sale of custom-printed paper cups and related products manufactured by Unicup.
2.2. The Partner is prohibited from listing or selling third-party products.
2.3. Unicup will provide production and delivery of the products either directly to the Partner’s customers or to the Partner’s warehouse, as agreed upon by the Parties.
3. Obligations of the Parties
3.1. Unicup’s Obligations:
- Provide the Partner, within 14 days after registration and payment of the initial fee, a fully operational online store on the subdomain yourcompany.printcup24.eu.
- Ensure technical support and resolve any technical issues related to the online store’s operation.
- Promote the Partner’s online store (including, where desired, placing a link on printcup24.eu).
- Manufacture and deliver custom-printed paper cups within the agreed deadlines and under the conditions stated in our TERMS AND CONDITIONS.
3.2. Partner’s Obligations:
- Use the online store exclusively for the sale of Unicup products.
- Not alter the structure, design, or functionality of the site without Unicup’s written consent.
- Pay the monthly rental fees for the online store on time, in accordance with Section 4 of this Contract.
- Comply with all applicable legal requirements regarding sales, advertising, and consumer protection (if the Partner deals with end consumers).
- Pay all applicable taxes independently.
- Collect payments from end-customers and remit payments to Unicup for orders placed.
- Pay in advance for the orders (prepayment terms).
4. Rental Terms and Payment
4.1. Initial Fee: EUR 200.
4.2. Monthly Rental Fee: EUR 80 (eighty) per month.
4.2. Payment Deadline: Monthly payment must be made no later than the 5th day of each month.
4.3. Payment Methods:
- Payment is made on a subscription basis, with automatic charges to a bank card or via PayPal.
- By setting up a subscription, the Partner authorizes automatic payment collection.
4.4. Penalties:
- If payment is delayed for more than 30 days, Unicup reserves the right to block access to the online store and redirect traffic from the Partner’s customers to another site.
4.5. Refund Policy:
- No refunds will be issued for any already-paid but unused rental periods.
5. Copyright and Brand Protection
5.1. Use of Trademarks
PRINTCUP24 is a registered trademark owned by Unicup. The Partner may not use this trademark outside the rented online store without written permission.
5.2. Content
a. Copyright and Trademark Responsibility
The Partner acknowledges and agrees not to use, reproduce, or distribute any content provided by Unicup (including but not limited to trademarks, logos, designs, and digital assets) without Unicup’s prior written consent.
b. Retention of Client Rights and Orders Fulfilled by the Partner
Unicup guarantees it will not serve the Partner’s customers directly. However, Unicup cannot prevent customers from placing orders with other Unicup partners if they so desire.
c. Violation of Trademark and Intellectual Property Rights
The Partner bears full responsibility for ensuring that submitted designs and the use of trademarks do not infringe the intellectual property rights of third parties. Unicup shall not be liable for any claims, disputes, or legal actions arising from the improper use of intellectual property by the Partner or its customers. In the event of such claims, the Partner agrees to indemnify and hold Unicup harmless from any damages, expenses, or other liabilities.
6. Limitation of Liability
6.1. Unicup is not liable for:
- Temporary interruptions in the online store’s operation due to technical malfunctions.
- Loss of the Partner’s profit resulting from site downtime or errors in business operations.
- Errors made by the Partner in dealing with customers, including miscalculations, marketing, and advertising.
6.2. Limitations
LIMITATION OF LIABILITY. To the fullest extent permitted by law, neither Unicup nor any party associated with Unicup shall be liable to you or your customers for any lost profits or revenues, diminution in value, or for any indirect, incidental, consequential, special, exemplary, enhanced, or punitive damages arising out of or in connection with the Services or this Contract, regardless of (I) whether such damages were foreseeable, (II) whether you were advised of the possibility of such damages, (III) the legal or equitable theory (contract, tort, or otherwise) on which the claim is based, or (IV) any specific circumstances of the Partner and/or its customers. The aggregate liability of Unicup and its affiliates shall in no event exceed the actual amount paid by the Partner for the Service acquired or used through the Site.
Some jurisdictions do not allow the exclusion or limitation of such damages, so the above limitations and exclusions may not apply to you.
6.3. The Partner is fully responsible for the legality of advertising materials, for its customer relations, and for compliance with applicable laws, including consumer protection and data protection regulations.
7. Force Majeure
7.1. The Parties shall be released from liability for full or partial failure to perform their obligations under this Contract if the failure is due to force majeure circumstances, namely:
- Natural disasters (fires, floods, earthquakes, etc.).
- Hacker attacks, global server failures, and other external impacts beyond the Parties’ control.
- Military actions, terrorist acts, trade embargoes, changes in legislation, or other circumstances beyond the Parties’ control.
7.2. A Party affected by a force majeure event must notify the other Party in writing within 5 (five) business days from the occurrence of such an event.
8. Amendments to the Contract
8.1. Unicup reserves the right to amend this Contract by giving the Partner at least 30 (thirty) calendar days’ prior notice before the changes come into effect.
8.2. If the Partner does not agree to such changes, the Partner has the right to terminate this Contract by notifying Unicup in writing no later than 15 (fifteen) calendar days before the proposed date the changes become effective.
9. Termination of the Contract
9.1. Grounds for Termination:
- By either Party, upon at least 30 (thirty) calendar days’ written notice.
- In the event of a material breach of the Contract by the Partner, Unicup may terminate the Contract immediately.
- If Unicup ceases its operations or discontinues the “online store rental” service, the Contract shall terminate, and the store may be deleted.
9.2. Consequences of Termination:
- All data in the online store, including product and order information, may be deleted without the possibility of recovery, unless otherwise agreed by the Parties in advance.
- The Partner forfeits the right to use the PRINTCUP24 brand and any Unicup content.
- Upon the Partner’s request, Unicup may provide a copy (export) of customer data, provided doing so does not violate data protection laws or Unicup’s internal policies.
- Traffic to the page will be redirected to another PRINTCUP24 page.
10. Governing Law and Dispute Resolution
10.1. This Contract is governed by the laws of the Republic of Poland.
10.2. The Parties shall endeavor to resolve any disputes and disagreements arising from this Contract through negotiations and amicable settlement.
10.3. If a dispute cannot be resolved through negotiations, it shall be referred to the competent court in Poland at Unicup’s place of registration or, if applicable, in accordance with the relevant rules of jurisdiction under Polish law.
11. Final Provisions
11.1. This Contract enters into force upon signature and remains in effect for an indefinite term unless otherwise specified by the Parties.
11.2. Any amendments or supplements to this Contract are valid only if made in writing and signed by both Parties.
11.3. This Contract is executed in two copies of equal legal force, one for each Party.