1. ACCESS
We will provide you with access to the Website in accordance with these
Conditions.
2. YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and
agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses,
macro viruses, trojan horses, worms or anything else designed to interfere with,
interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is
defamatory, offensive, or of an obscene or menacing character, or that may cause
annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be
interrupted, damaged, rendered less efficient or such that the effectiveness or
functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the
rights of any person, firm or company (including, but not limited to, rights of
intellectual property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against
any Users arising out of that User's use of the Website, then you will pursue
such right, claim or action independently of and without recourse to us.
3. INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us against) all
claims, liability, damages, losses, costs and expenses, including legal fees,
suffered by us and arising out of any breach of the Conditions by you or any
other liabilities arising out of your use of the Website, or the use by any
other person accessing the Website using your PC or internet access account.
4. OUR RIGHTS
4.1 We reserve the right to
4.1.1 Modify or withdraw, temporarily or permanently, the Website (or any part
of) with or without notice to you and you confirm that we shall not be liable to
you or any third party for any modification to or withdrawal of the Website.
4.1.2 Change these Conditions from time to time and your continued use of the
Website (or any part of) following such change shall be deemed to be your
acceptance of such change. It is your responsibility to check regularly to
determine whether the Conditions have been changed. If you do not agree to any
change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavors to maintain the Website. The Website is
subject to change from time to time. You will not be eligible for any
compensation because you cannot use any part of the Website or because of a
failure, suspension or withdrawal of all or part of the Website due to
circumstances beyond our control.
4.3 Suspended any client that giving us bad review or poster bad stuff in the
forums.
5. THIRD PARTY LINKS
In an attempt to provide increased value to our Users; we may provide links to
other websites or resources. You acknowledge and agree that we are not
responsible for the availability of such external sites or resources, and do not
endorse and are not responsible or liable, directly or indirectly, for the
privacy practices or the content (including misrepresentative or defamatory
content) of such websites, including (without limitation) any advertising,
products or other materials or services on or available from such websites or
resources, nor for any damage, loss or offence caused or alleged to be caused
by, or in connection with, the use of or reliance on any such content, goods or
services available on such external sites or resources.
6. MONITORING
We have the right, but not the obligation, to monitor any activity and content
associated with the Website. We may investigate any reported violation of these
Conditions or complaints and take any action that we deem appropriate (which may
include, but is not limited to, issuing warnings, suspending, terminating or
attaching conditions to your access and/or removing any materials from the
Website).
7. SUPPORT DATA
In order to provide the Services to you, WHMCS Services may collect information
from you including but not limited to: (a) IP addresses, usernames and passwords
necessary to login to WHMCS, FTP, cPanel and the Licensed Product root
directory; (b) the usernames and passwords necessary to login into any affected
accounts including FTP accounts, cPanel accounts, MySQL accounts and other
accounts; and (c) other information that you voluntarily supply or that WHMCS
Services requests in order to resolve your Incident ((a) through (c)
collectively, "Support Data"). WHMCS Services will use commercially reasonable
efforts to preserve the security of the Support Data by using reasonable
physical and electronic security measures (except to the extent WHMCS Services
is required or permitted to disclose, access or use such information by
Applicable Law), but WHMCS Services cannot guarantee the security of such data.
To the extent that Applicable Law requires that you obtain any consents,
permissions or licenses from third parties (including Third Party Users) or to
give any notices or disclaimers to third parties (including Third Party Users)
prior your disclosure of Support Data to WHMCS Services, you agree to comply
with such Applicable Laws prior your disclosure of Support Data to WHMCS
Services.
8. LIMITATION OF LIABILITY
8.1 WHILE WE WILL USE REASONABLE ENDEAVOUR'S TO VERIFY THE ACCURACY OF ANY
INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR
IMPLIED IN RELATION TO ITS ACCURACY.
8.2 The Website is provided on an "as is" and "as available" basis without any
representation or endorsement. Unless specified in separate terms and conditions
related to a particular product or service, we make no warranties of any kind,
whether express or implied, in relation to the Website, or products or services
offered on the Website whether by us or on our behalf (including free software
downloads) including but not limited to, implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement, compatibility,
security, accuracy, condition or completeness, or any implied warranty arising
from course of dealing or usage or trade.
8.3 Unless specified in separate terms and conditions related to a particular
product or service, we make no warranty that the Website or products or services
offered on the Website whether by us or on our behalf (including free software
downloads) will meet your requirements or will be uninterrupted, timely, secure
or error-free, that defects will be corrected, or that the Website or the server
that makes it available or products or services offered on the Website whether
by us or on our behalf (including free software downloads) are free of viruses
or bugs or are fully functional, accurate, or reliable. We will not be
responsible or liable to you for any loss of content or material as a result of
uploading to or downloading from the Website.
8.4 Notwithstanding any other provision in the Conditions, nothing shall limit
your rights as a consumer under United States law.
8.5 You acknowledge that we cannot guarantee and therefore shall not be in any
way responsible for the security or privacy of the Website and any information
provided to or taken from the Website by you.
8.6 We will not be liable in contract, tort or otherwise if you incur loss or
damage connecting to the Website through a third party's hypertext link.
8.7 We will not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than fraudulent
misrepresentations) or otherwise out of or in connection with the Website or
products or services offered on the Website whether by us or on our behalf
(including free software downloads) for:
8.7.1 any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or
8.7.2 any loss of goodwill or reputation; or
8.7.3 any special or indirect or consequential losses; in any case whether or
not such losses were within the contemplation of either of us at the date on
which the event giving rise to the loss occurred.
8.8 Nothing in the Conditions shall exclude or limit our liability for death or
personal injury resulting from our negligence or that of our servants, agents or
employees.
9. ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement
between you and us relating to the subject matter covered and supersede any
previous agreements, arrangements, undertakings or proposals, written or oral,
between you and us in relation to such matters. No oral explanation or oral
information given by either of us shall alter the interpretation of these
Conditions. You confirm that, in agreeing to accept these Conditions, you have
not relied on any representation save insofar as the same has expressly been
made a representation in these Conditions and you agree that you shall have no
remedy in respect of any misrepresentation which has not become a term of these
Conditions save that your agreement contained in this Clause shall not apply in
respect of any fraudulent misrepresentation whether or not such has become a
term of these Conditions.
10. LICENSE TRANSFER POLICY
We allow owned licenses bought directly from us to be sold and transferred
between people. Licenses obtained through a reseller cannot be resold. Before
any sale or transfer, the seller should contact us to notify us of the sale.
Once a buyer has been found, both the buyer and seller should contact us to
arrange the transfer and payment of the $20 transfer fee. A license can only be
resold once. Addons may be transferred between licenses within your own client
account but not resold or transferred to other clients. Source code cannot be
sales once it is bought
11. SIGNUP POLICY
When signing up an account with us you are requested to provide personal data.
User accounts are unique and we do not allow multiple accounts for the same
Customer and/or Company.
Opening an Account
Accounts are unique. We do not allow more than 1 account per Company or Customer
We do not allow incomplete or fake accounts
All fields are required and accurate details must be provided, including phone
number and address
The First and Last Name fields have to be filled out correctly with your
complete Name and Last Name.
The signup Email has to be valid and active from your Top Level Domain (yourdomain.com).
We do not allow signup through an open proxy, anonymous proxy or VPN
connections.
Please be advised that violation of this policy will result deleting the pending
order and closing the account without notice. We reserve the right to request
domain ownership verification.
Closing an account
Accounts will be closed under the following circumstances automatically:
Accounts without active products/services or with affiliations that have not have any activities for more than 12 months. Violation of any of the policies present in our Terms of
Service.
Account with an email address that has not been working for more than a year will be closed and all associated modules will be terminated.
If you have not logged into the client area for more than 2 years, your account will be closed after three months from this notification. Your account will be deleted and all associated modules you have will be terminated.
12. REFUND POLICY
Unfortunately, because of the nature of our products and because we can NOT
ensure that you will not erase our software or templates from your computer, we
can NOT issue any refunds after a purchase has been made. If the product has not
been delivered yet then we will issue a refund. NO exceptions!. More Information
about our Refund policy click here
13. CREDIT POLICY
If we issue a credit to you for any reason, that credit will last for one year
from date of issue. After one year, if credit is not used it will be removed
from your account and will not show.
You can use the credit towards any product/services you like within that one year period.
14. DISCONTINUATION POLICY
Sometimes we have a module that we discontinued for any number of reasons. We will issue credit, exchange, or give nothing. We
DO NOT REFUND because we have discontinued the module.
We give 72 hrs to you to download the version without the license key then we remove it from the system.
15. MAILING POLICY
All Customers are automatically subscribed to our announcements when registered.
We send out regular announcements and news regarding our products and services
such as new releases as well as important updates and features.
You may choose to stop receiving our announcements and marketing mailings. You
can activate the option "Newsletter Opt-out" from our Client Area >>My Details.
Customers may occasionally receive information on products, services, and
special deals from WHMCS Services Service or may receive informational
newsletters. Customers are given the opportunity to 'opt-out' of having
information used for purposes not directly related to the WHMCS Services Service
at the point where the information is requested. Customers may also elect not to
receive additional promotional communications using the opt-out link provided in
each promotional email. Customers may not opt-out of receiving service
announcement updates as they contain important security information about the
services.
Remember to notify us if you are planning to change your email so that we can
update your account.
We reserve the right to cancel/Suspender your account if your email is not
working any longer.
You are NOT allowed to use free email accounts like Gmail, Hotmail, Outlook,
Yahoo, etc.
To signup, your Email must be valid, active, and from your top-level Domain (yourdomain.com).
You are responsible to add my emails from noreply (at) whmcsservices.com to your
valid email list so you can receive my emails without interruption.
16. INSTALLATION/SETUP POLICY
Installation doesn't include any customization or modifications of the item,
however, we can customize/modify for an additional fee.
17. DELIVERY POLICY
Upon receipt of your Product order, you will either be prompted to begin
your download immediately or you will receive an e-mail from us with
instructions to complete your download. If you are prompted to begin your
download immediately, your completion of the download will constitute delivery
to you of the item(s) you purchased. If you receive an e-mail from us with
instructions to complete your download, the receipt by you of the e-mail will
constitute delivery by us to you of the item(s) you purchased. In case you are
unable to download the item(s) you purchase or you do not receive an e-mail from
us with instructions to complete your download, you must contact us within 3
days from the date of your Product order. If you do not contact us within 3 days
from the date of your Product order, the item(s) you purchased will be
considered received, downloaded and delivered to you.
Upon receipt of your Custom Software Development order, the services will be
performed to you in accordance with the terms applicable to the services that
you purchased. The nature of the services you purchased and the date of your
purchase may impact the timing of performance of the services. The services will
be deemed to be successfully delivered to you upon performance of the services.
18. LAW
The Conditions will be exclusively governed by and construed in accordance with
the laws of United States whose Courts will have exclusive jurisdiction in any
dispute, save that we have the right, at our sole discretion, to commence and
pursue proceedings in alternative jurisdictions
19. Trademarks
The WHMCS Services website and Products contain references to many companies
that the WHMCS Services Products is integrated with for payments & other related
services. WHMCS Services and the WHMCS Services logo are trademarks of WHMCSServices.com. All rights reserved. All other trademarks are the property of their
respective owners.
WHMCS is a trademark belonging to WHMCS Limited.
20. CHANGE TO THE POLICY
Any changes to our Privacy Policy will be placed here and will supersede this
version of our Policy. We will take reasonable steps to draw your attention to
any changes in our Policy and email you. However, to be on the safe side, we
suggest that you read this document each time you use the website to ensure that
it still meets with your approval.