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The Client and Consultant may disclose confidential information one to the other to facilitate work under this TOS. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
3.1. Third Party or Client Script Modification
Consultant can take no responsibility for services provided by third parties through us or otherwise, including the web hosting of the Client's Software. Client may desire to independently edit or update his Software, note however, Consultant is not responsible for any damage created by the Client, agent of the Client or any third party.
3.2. Consequential Loss
Under no circumstances will Consultant be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its Software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of Software failure.
Consultant will make reasonable attempts to protect the integrity of the Client's Software. As no software or server is 100% safe from security breach, the Client understands that the Consultant cannot be held accountable for all security breaches should they occur.
3.4. Status and Duration of Offers
Proposals and offers are valid for a period of two weeks from the date issued. Consultant is not bound to honor offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the two weeks that the offer is valid. If an acceptable timetable has not been approved by both parties within two weeks of the offer being made, the offer is deemed to have expired. Consultant reserves the right to adjust timetable and all project dates accordingly or treat offer as invalid and therefore terminated if Client fails to pay first deposit before the start date specified in offer.
4. INTELLECTUAL PROPERTY
4.1. Offers and Proposals
Offers and proposals made by Consultant to potential clients should be treated as trade secrets and remain the property of Consultant. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from Consultant. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
Once Consultant has received full payment of all outstanding invoices and the Software has been provided to a Client, the Client will be granted a license to use the Software and its contents. The Client is initially given a 15 day trial license. After the 15 day trial period has ended and the Client is satisfied with Software and refund was not requested, the Consultant will provide Client with 1(one) single live domain license in accordance with Clause 4.3 and up to 3 (three) subdomain licenses for testing or development purposes only.
Client may request to change the live domain license and testing subdomain licenses within 15 day trial period only. All requests to change the licenses can be approved by Consultant within 15 day trial period only. However, Consultant is not obligated to approve these requests and may reject them for any reason. All requests to change any license after 15 day trial period has ended will be automatically rejected by the Consultant.
4.3. Single use / single domain license (SUSDL)
The same applies to derivative works based on the Software.
The same applies to works based on reverse-engineered versions of Consultant's Software.
Derivative works based on the Software includes descriptions of the algorithms and methods implemented.
Any violation of copyright laws may result in severe civil and criminal penalties.
4.4. Trade Secrets
Any code that is not freely accessible to third parties and not in the public domain, and to which Consultant or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from Consultant. Consultant acknowledges the intellectual property rights of the Client. Information passed in written form to Consultant, and that the Client has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the Client.
5. RESERVATION OF RIGHTS
All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.
6. PERMISSIONS AND RELEASES
The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Software at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
7. REFUND POLICY
If you are not fully satisfied with your purchase of the Software, you can get your money back upon the TOS set forth below. However, we believe that most of refunds can be avoided if you get professional assistance from Consultant's support or other web-development company.
7.1. Refund Conditions
Plumrocket Magento extensions, Plumrocket Magento themes, Plumrocket Solutions and Plumrocket Packages
You have the unconditional right to claim and receive a full refund for the software within 15 days following the day of your purchase. No refund will be available after this refund period is over.
Consultant reserve the right to refuse a refund request if a Client has downloaded a permanent license after the refund request is submitted.
The refund may apply only to the primary (first) license bought from Consultant, except the ones obtained illegally.
If you own more than one license, no refund will be available for additional licenses.
Your money may be refunded only once. If you buy another license at a later time, this will not be subject to a refund request.
Magento Extension Installation Service
The cost of the installation service will be refunded in full as long as (a) the Consultant has not started the installation process before the claim is received, or (b) the client's server does not meet the system requirements and the installation cannot be performed.
Pay as You Go - Support Plan
The money may be refunded in full, less the cancellation fee. If you claim a refund at any time, the cancellation fee will be 20% of the remained support hours. The other 80% will be refunded in full.
Monthly Subscription - Support Plan
The money may be refunded in full, less the cancellation fee. If you claim a refund at any time, the cancellation fee will be 25% of the remained support hours. Additional $10 fee will be charged for each support hour used within first 3 month of subscribtion if Client requests cancellation within first three month from the date of purchase of Monthly Subscription - Support Plan.
Custom Website Development, Design & Publishing, Search Engine Optimization Services
The money may be refunded in full, less the cancellation fee.
If you claim a refund at any time before Consultant has started to work on your project, the cancellation fee will be 20% of the full project cost. The other 80% will be refunded in full.
If you claim a refund at any time after Consultant has started to work on your project, the cancellation fee will be calculated by the Consultant according to the progress of the project.
7.2. Refund Procedure
All refund requests must be submitted via contact form on Consultants’ website. The decision about whether to grant a refund request is made within two business days. If the refund is granted, the Client must remove all Consultants’ Software or any of its derivatives and must not use the Software unless another license is purchased.
Either party may terminate this TOS by giving 14 days written notice to the other of such termination. In the event that work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this TOS. If additional payment is due, this shall be payable within seven days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Software. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
This TOS shall be governed and construed in accordance with the laws of the State of New York, USA, which shall claim venue and jurisdiction for any legal action or claim arising from the contract between Consultant and the Client. The said TOS is void where prohibited by law.
9.2. Survival of Contract
Where one or more terms of this TOS are held to be void or unenforceable for whatever reason, any other terms of the TOS not so held will remain valid and enforceable at law.
The Client and Consultant are independent parties and nothing in this TOS shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
9.4. Entire Agreement
This TOS replaces all previous agreements and the discussions relating to the subject matters hereof and constitutes the entire agreement between the Client and the Consultant with respect to the subject matters of this Agreement. This Agreement may not be modified in any respect by any verbal statement, representation, or agreement made by any employee, officer, or representative of the Client, or by any written documents unless it is signed by an officer of the Client and by the Consultant.
Authorized representative of the Client certifies that he or she is at least 18 years of age and legally capable of entering a contract in the State of New York on behalf of the Client.
This document was last updated on December 18, 2013