TERMS AND CONDITIONS
1. ACCEPTING THESE TERMS
1.1 THIS LICENSE AGREEMENT (HEREINAFTER AGREEMENT) IS AN AGREEMENT BETWEEN YOU (THE PERSON OR COMPANY WHO IS BEING LICENSED TO USE THE SOFTWARE OR DOCUMENTATION) AND VISUALWEBS SPAIN (HEREINAFTER WE/US/OUR). THE AGREEMENT APPLIES TO ALL PRODUCTS/SOFTWARE/SCRIPTS/SERVICES YOU PURCHASE FROM US.
1.2 By purchasing the Software you acknowledge that you have read this Agreement and that you agree to the content of the Agreement and its terms, and agree to use the Software in compliance with this Agreement.
1.3 The Agreement comes into legal force at the moment when you order our Software from our site or receive it through email or on data medium at our discretion.
We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it.
We are the copyright holder of the Software. The Software or a portion of it is a copyrightable matter and is liable to protection by the law. Any activity that infringes the terms of this Agreement violates copyright law and will be prosecuted according to the current law. We reserve the right to revoke the license of any user who is holding an invalid license.
This Agreement gives you the right to use only one copy of the Software on one domain installation solely for your own personal or business use, subject to all other terms of this Agreement. A separate License should be purchased for each new Software installation. Any distribution of the Software without our consent, including noncommercial distribution, is regarded as a violation of this Agreement and entails liability, according to the current law.
5. YOUR OBLIGATIONS AND RESPONSIBILITIES
5.1 You may not use any part of the code in whole or part in any other software or product or website.
5.2 You may not give, sell, distribute, sub-license, rent, lease, or lend any portion of the Software or Documentation to anyone.
5.3 You may not place the Software on a server so that it is accessible via a public network such as the Internet for distribution purposes.
5.4 You are bound to preserve the copyright information intact; this includes the text/link at the bottom.
6. OUR RIGHTS AND OBLIGATIONS
6.1 We reserve the right to publish a selected list of users of our Software.
6.2 We will not be liable to you for any damages (including any loss of profits/saving, or incidental or consequential) caused to you, your information, and your business arising out of the use or inability to use this Software.
6.3 We are not liable for prosecution arising from the use of the Software against law or for any illegal use.
7.1 If you fail to use the Software in accordance with the terms and conditions of this License Agreement, it constitutes a breach of the agreement, and your license to use the program is revoked.
7.2 Visualwebs Spain reserves the right to change this license agreement at any time and impose its clauses at any given time.
7.3 License agreement remains effective until terminated. We retain the right to terminate your license to use the Software at any time, if, in its sole discretion, you are not abiding by the terms of the Agreement, including, but not limited to, obscuring or removing any link or copyright notice as specified in this agreement. You may terminate it at any time by destroying all copies of the Software. Termination of this Agreement does not bind us to return you the amount spent on the purchase of the Software.
7.4 If you continue to use the Software after Visualwebs Spain gives you notice of termination of your license, you hereby agree to accept an injunction to enjoin you from its further use and to pay all costs (including but not limited to reasonable attorney fees) to enforce our revocation of your license and any damages suffered by us because of your misuse of the Software.
8. NO GUARANTEE
8.1 Every software is designed for a specific platform edition. Visualwebs Spain does not guarantee the correct work of this extension on any other editions or platforms. Visualwebs Spain does not provide extension support in case of incorrect edition usage.
8.2 Support service will be defined in accordance with the option selected during the purchase. After the purchase, the user has access to free product upgrades for a period of three months. Any change in these conditions will be specified in the product description.
8.3 Support for customization services will be defined in accordance with the option selected during the purchase. After the purchase, the user has access to free product upgrades for a period of three months. Any change in these conditions will be specified in the product description.
9. CUSTOMIZATION SERVICES
9.1 Once a customization pack/s is purchased the amount paid is not refundable.
9.2 The packs have an expiration time. Check in the product description.
9.3 Our developers will maintain you informed when a new task is done or is needed more credits. Never will incur in negative credits for your account without consulting you before.
9.4 Please remember if the credits are consumed we can´t finalize the task without buying a new pack. We advise requesting our developers to make an estimation of time before request any work.
9.5 Every answer from our support team will have a minimum cost of 1 credit, regardless is a simple reply or phrase.
9.6 The ‘Immediate attendance’ tickets, and critical priority tickets, will have a double rate, 2 x qty of used credits, so for example, a task attending for 15 minutes, instead 1 credit, will cost 2 (Please read *).
9.7 The way to cancel an ‘Immediate attendance’ issue, is to close the ticket, but if the developers are working on the issue, the time invested will be deducted at that 2x rate (Please read *).
9.8 All the week-end tasks, (Saturday-Sunday) or Spanish public holidays, will have the same rate as ‘Immediate attendance’, this is, 2 x used credit rate (Please read *).
9.9 In counterpart, we compromise to attend the ‘Immediate attendance’ issues on the same day, usually in 1-2 hours (Read SLA conditions in product or conditions page), depending on the queue. Long tasks or debugging around 4-6 hours.
9.10 Customizations are not available as ‘Immediate attendance’, will be ignored.
9.11 When converting time to credits for a deduction on the customer account, will round up to the next quarter of an hour.
9.12 Accepting this agreement you confirm that you have backups for the sites/servers/databases involved in the customizations and can back to a previous state if something is wrong. You decline upon us any responsibility for data loss.
* The 2 x rate on public holidays & weekends for low priority tickets, is applied only to customers having a rate below 20€/hour.
10. DISCOUNTED ACCOUNTS
Any customer having a price level where the hourly rate is less than 20€, should generate a minimum of 5000€/year in purchases to keep the rate, or his account will be moved to regular price at the end of the year.
11. BLOG TUTORIALS AND WEB RECIPES
We will not accept any claim for the use of our tutorials, and the consequences derived as in the systems where they are used, such as loss or corruption of data. Before following the instructions in any tutorial on this website you agree to make a full backup of all your affected computers in the process, and it should always be run in a risk-free test environment.
We ensure the protection and honesty of the data it gathers by utilizing fitting authoritative conventions, specialized shields, and actual security controls intended to restrict access, identify and forestall the unapproved access, inappropriate divulgence, adjustment, or obliteration of the data under its influence.
In no event will we be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the website or any materials or content available through the website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of damage.
You agree that you will be responsible for your use of the software, and you agree to defend and indemnify us from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the website; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party.
15. ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.