Terms of Service

Acceptance of the software license

By downloading and/or installing our software on any site you explicitly agree to the terms of its license, GNU General Public License version 3 or, at your choice, any later version published by the Free Software Foundation. A copy of the license is included  with our software. If you did not receive a copy of the license please refer to the License page on our site or use the Contact Us page to request an electronic copy of the license.

No warranty

Our services are provided as-is, without any warranty whatsoever.

THE SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF AVAILABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY AND PERFORMANCE OF OUR SERVICES IS WITH YOU. SHOULD ANY OF OUR SERVICES PROVE INEFFICIENT OR UNSUITABLE, YOU ASSUME THE COST OF ALL NECESSARY ACTIONS TO RECTIFY THE ISSUE.

If you do not agree with these Terms, you are not allowed to use our services. Moreover, any use of our services implies the unconditional and immediate acceptance of the aforementioned terms, waiving your legal rights to uphold them. Acting in violation of these Terms of Service constitutes a violation of our copyright and abuse of a computer system.

"Cool-off" period and refunds policy

In compliance to EU directives, you are entitled to 30 calendar days of "cool-off" period. If within those 30 calendar days you have not used our services (explicitly: you have not downloaded our software and have not requested software support) you are eligible for a full refund of your purchase, no questions asked. This "cool-off" period is provided in accordance to Article 6, §1 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts and the Directive 2011/83/EU which replaces it.

However, if you have already downloaded our software and/or already made use of our support services you are not eligible for a refund, even in the first 14 calendar days according to Directive 2011/83/EU, Article 16, §m which states: "the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal."

Explicitly: when you click on a software download link, or use any method provided by your web server / CMS to initiate such a download , or request software support from us you are giving us your express and unreserved consent to begin the provisioning of the software download and support service you have purchased from us, waiving your right of withdrawal from the subscription contract, making you ineligible for a refund. 

Clarification for renewals and their eligibility for a refund: renewals are considered new purchases, not a continuation of your previous subscription. As a result you can get a refund in 14 calendar days before the conclusion of the contract which means:

  • Any time before the activation of your renewed subscription.
  • Within 14 days from the activation of your renewed subscription, but only if you have neither downloaded the software nor made a software support request since the exact date & time your renewed subscription was activated.

In any other case, no refunds will be given whatsoever. By using our software download and support services you explicitly declare that you accept our policy of no refunds beyond the provisions of aforementioned European Union Directive and the member state laws which enforce it.

Further clarification: if you bought the wrong subscription or you failed to use a valid coupon code you have in possession please contact us immediately. Even though we cannot issue a refund, we can always convert your subscription to the correct type and / or adjust the duration of your subscription to match what you paid.

Support policy

We only provide support to our subscribers via email . We will not provide support by any other means including, but not limited to, regular mail,, Twitter, Facebook, Skype and so on. To make this absolutely explicit: for all intents and pruposes it is as though you never sent us any communication. Even if you receive a response from us in any way it does not constitute, indicate or imply that we accept, acknowledge or take into account your reply in any way whatsoever.

Subscription is not to be considered as a guarantee of response time or a service level agreement. All support email replies are answered on a "best effort" basis.

Typically we work Monday to Thursday, 9am to 2pm and 16pm to 7pm and Fridays 9am to 2pm Spain timezone (https://www.timeanddate.com/worldclock/spain/madrid).There is no guaranteed response time or service level agreement. Emails sent outside working hours OR during unavailability periods are typically replied in the next working day and ONLY during our working hours as explicitly described above. Any replies or other communication sent to you outside our working hours or during an unavailbility period do not constitute, indicate, or otherwise imply that we can or will respond to any further inquiries, replies or other forms of communication, contacts or requests filed by you or anybody else outside our working hours or during our unavailbility period.

WE DO NOT OUTSOURCE SUPPORT. Support is provided by who write the software.

We reserve the right to provide no support for outdated versions of our software, when your server environment does not meet our minimum requirements or when you have modified the core code files shipped with your site's script or our software beyond what the respective developers reasonably expect you to do in the normal course of using their software. Support policy details regarding different versions of our software and server environment are detailed in our release announcements.

We will not provide support for issues not related to our software or services. The scope of our support is strictly confined to our software. We cannot provide support for your operating system, hosting (including but not limited to: file management, PHP setup, web server configuration setup, usage limits), your CMS / web application (such as but not limited to Joomla!, WordPress) or anything that is not part of the code that has been written us and is part of the software package we distribute from our site.

We reserve the right to decline support if the request or the conversation is conducted in a language other than English or Spanish or when the language barrier makes it impossible to provide meaningful support.

We reserve the right to request access to an affected site when we conclude that any other means of support would be ineffective. In this case we will decline all further support when access to the affected site is denied by the client or objectively impossible, e.g. wrong access credentials provided more than once.

We reserve the right to decline providing support on a case by case basis (even though we do try to help everyone), with or without a reply to email, in case the request includes foul language, accusations or otherwise indicates that it is hihgly unlikely that you are willing to help us resolve your issue in a meaningful way.

We assume no responsibility for any issues directly or indirectly caused by our support efforts, as per the "No warrantly" article of this policy.

We reserve the right to decline further support about an issue when the client does not accept our technical analysis, declines to follow our advise, disputes our suitability to provide support, declines to provide information necessary to perform troubleshooting, declines to pursue the matter with their host or a third party developer that we have identified as the root cause of the issue or otherwise displays behavior which indicates that they are unlikely to let us provide meaningful support.

Requesting support from us does not guarantee a solution and we provide no service level agreement whatsoever. Even though we will do whatever is humanly possible for us to help you there are things objectively outside our control -such as limitations of the programming language, restrictions imposed by your ISP / host, technical limitations of your CMS / web application etc- which may prevent us from offerring a solution. In these cases we will present you with our technical analysis and tell you who's responsible for the root cause of your issue. At this point you are to accept the issue as resolved from our side. Should you need to pursue this matter with the person, companh or organization responsible for the root cause is entirely up to you and we cannot interfere, prevent or help you with this endeavour in any way.




CUSTOM DEVELOPMENT

Completion Timeframes

Client understands, agrees and acknowledges that Jomres Plugins & Development does not guarantee a time frame for completion of ANY project. This is in part because it is difficult to complete a project without design and functionality approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the project, the completion time frame is increased. Other factors that may influence the completion date of a project include, but are not limited to, complexity of Client’s project(s), accounting status of Client’s account, etc.

If Client does not respond to Jomres Plugins & Development communications and, as a result, Jomres Plugins & Development is not able to start or complete the website/software project, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from the date of sale.

Payments & Chargebacks

Payment must be made promptly based on the terms of any development project. If payments are overdue or Client cancels the contract, Client hereby agrees to allow Jomres Plugins & Development to card Client credit card on file to pay for the unpaid balance. The client also agrees to waive all chargeback rights regards to any transactions and will follow contract resolution procedures. After 28 days of non-payment, the contract may be terminated. After termination, if the Client wishes to resume, the Client may reinstate the project by remitting the balance of the invoice and s service reinstatement fee of up to 20% of the total project cost. It is not possible to refund a deposit or any project payment after thirty (30) days or once we have sent the design or development source code work to the Client or loaded it into their server. We reserve the right to decide whether a refund is applicable, if requested by the Client for any reason. If a refund is provided, any disbursements already paid to 3rd parties by the Company on behalf of the Client (including but not limited to hosting fees, domain name registration, software purchases) will not be refundable. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund.

All works remain the property of the Company until paid in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 4.0% until such time the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through small claims court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Cancellation Fee and Refund Policy

Refunds of the fees paid for the development of the software may be issued on accounts canceled within 30 days of the initial sale and prior to the completion of the project according to the following schedule:

A) A minimum of a 50% cancellation fee will be retained by Contractor on cancelled account even if no work has been started and no content yet submitted by the Client.

B) A minimum of a 75% cancellation fee will be retained by Contractor on cancelled accounts if work has been presented to the Client; or Contractor has made multiple attempts to work with the Client, and Client has not responded to those attempts.

C) A 100% cancellation fee will be retained by Contractor and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by Contractor. No Refund will be issued on any website / software cancelled after services have been rendered, including but not limited to, the design work and programming having been completed and/or the software has been moved to client’s server or transferred to their procession.

D) 100% cancellation fee will be retained and NO REFUND will be issued by Contractor if Client cancels after 30 days from the initial sale.

Minimum Cacellation Fee

Client agrees that a minimum cancellation fee of 50% will be retained by Contractor on all cancelled accounts even if no work has been started. The cancellation fee is charged to compensate Contractor for up-front expenses and services rendered, including but not limited to, time costs incurred for project meetings and analysis, project management, documentation, design and development, overhead costs.

Termination Of Agreements

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy (SEE Cancellation Fee and Refund Policy). Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website/software is not maintained by Jomres Plugins & Development.

Client Approval

Client is responsible for testing the functionality of the website / software upon Jomres Plugins & Development’s request for approval, and notification that the website / software has been completed. This includes, but is not limited to, functionality of all website / software pages, programmed functionality, database, e-commerce store, payment functions, galleries, forums and other business software functionalities.

The Client understands and agrees that if the Client does not respond within 5 business days to Jomres Plugins & Development’s request for approval and notification that the website / software has been completed, the website / software along with the functionality of the website / software and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website / software has been tested and approved by the Client.

The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to Jomres Plugins & Development’s notification or requests for missing information, the website / software, along with the functionality of the website / software and the services rendered, will be deemed to be approved by the Client.

Scope Change Requests Before And After Website / Software Is Delivered

Jomres Plugins & Development agrees to build a website / software to the original proposal and original project specification document. Any additions or changes requested outside of the scope of the original sale will be billed. Jomres Plugins & Development is not obligated to complete Client requests or changes outside of the scope of work on the original proposal. If Jomres Plugins & Development does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.



Updates to our ToS

We reserve the right to add, remove or modify any section, article or paragraph of our Terms of Service and Privacy Policy without prior notice. All changes are effective immediately.

 

 

 

Copyright © 2010 - 2020 Jomres plugins & development | info@jomres-plugins.com