Terms and Conditions

Please carefully read the following Terms and Conditions. Your purchase or use of our products or services implies that you have read and accepted these Terms and Conditions.

If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.

Accepting The Services

These Terms of Service governing your access to and use of our website and software, including any content, features, manuals, articles, designs, layout, templates, and services that reside in them.

“Services” means: (i) our website, including the online shop (ii) our products & software; (iii) our support services; (iv) our update services; (v) our affiliation service; (vi) our Template Library; and (vii) any other service we add to our offering. The policy agreements that apply to you are only the ones applicable to your use;

If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.

Account

You are solely responsible for all actions performed in the Services with your credentials, including your username and password. Keeping your password safe is your sole responsibility.

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 can be found at the Free Software Foundation website as well. 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. To know more about the GPL refer in this website: 

http://www.gnu.org/licenses/gpl.html

Updates

All updates for the same product series are free to all valid customers, unless otherwise stated. If there are any exceptions, we will always make sure to clearly state so in our product descriptions.

File Delivery

The payment process is fully automated. After you purchase a product, you will be automatically emailed a copy of the product to your email, which you used to register with us. If you choose to pay with an “eCheck”, please note that the delivery is not instant. This process takes 3-8 business days to clear. Once the payment is cleared, an email with a copy of the product attached will be emailed to you.

Ownership

You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of UPsellWP (here in referred as “The Company”). Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.

Abusive Customers

We believe that our customers have every right to be heard, understood and respected. Having said that, we also believe that our staff have every right to work in a safe environment, free from any abuse or harm caused by others. Therefore, we will not accept any abusive or aggressive behaviour towards our staff. Abusive or aggressive behaviour includes language (whether verbal or written) that may cause our staff to feel threatened or abused and may include threats, personal verbal abuse, derogatory remarks and rudeness. Unacceptable behaviour as described above may cause us to decide to, by our sole discretion:

• Terminate all direct contact with such customers.
• Take any other action that we consider appropriate to the circumstances, including (but not limited to) termination of your subscription, banning you from our services, and any other action we deem necessary.

Return/Refund Policy

Since our company is offering non-tangible irrevocable goods we do not issue refunds after the product is shipped, which you are responsible for understanding upon purchasing. Please make sure that you’ve carefully read all relevant documentation and tried out the demos.

Support Policy

We only provide support to our subscribers through our site’s Support section. We will not provide support by any other means including, but not limited to, email, regular mail, telephone, Twitter, Facebook, Skype and so on. If you wish to receive support without using our site’s Support section or demand that you be given a full discount in violation of our refund policy we reserve the right to request to be paid according to our regular consultancy rates. Our regular consultancy rates are 45 USD per hour (plus VAT, where applicable), minimum charge one hour. In case of on-premises support a specific arrangement has to made.

If you are using our Products on a Porn/Adult site, we shall not provide any support directly on your site. We have a strict no Porn/Adult policy & reserve the right to refuse on the site support for such websites. You may however use the Support tickets for our support team to help you debug the problem without visiting your website.
If UPsellWP products are being used on Porn/Adult websites, we will not be obliged to refund the subscription amount in light of the above support policy.

Subscription at upsellwp.com are not to be considered as a guarantee of response time or a service level agreement. All tickets are answered on a “best effort” basis. Private tickets and severe bug report are given top priority, public tickets are given medium priority. If you have not received any response within 72 hours, please use the Contact Us page to let us know of the issue. If we determine that there is an objective difficulty in providing support to you over our ticket system we will provide you with support over email, in exception of our support policy.

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 reserve the right to give you a link to our troubleshooting page, documentation and/or previous public tickets if we deem it necessary for providing better support. We will not provide support for issues not related to our software or services. We reserve the right to decline support if the request or the conversation is conducted in a language other than English or when the language barrier makes it impossible to provide meaningful support. We reserve the right to decline support when access to the affected site is denied or objectively impossible. 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 your ticket. We assume no responsibility for any issues directly or indirectly caused by our support efforts, as per the “No warranty” article of this policy. We reserve the right to close support tickets for any reason deemed appropriate.

We reserve the right to decline providing support for issues which have to do with using your site’s script (e.g. Joomla! or WordPress) or your server / hosting account, but not our software. We reserve the right to close or delete support tickets if the user refuses to follow our instructions and insists on receiving support (our instructions are support and you’re supposed to follow them in order for us to help you). We reserve the right to edit or delete tickets or ticket replies. We reserve the right to close or delete tickets and/or block accounts of users who become abusive and/or pugnacious in their support ticket replies; we are trying to help frustrated users under adverse conditions, please respect it and understand that we are neither deities nor saints.

Warranty

The Company does not warranty or guarantee these products in any manner. We cannot guarantee they will function with all 3rd party extensions or templates as there is currently no certification process for such extensions or templates. All products are tested to work on most major browsers.

THE SOFTWARE AND 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.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW THE COMPANY, ITS OWNERS, STAFF, ASSOCIATES OR ANYONE AFFILIATED WITH ITS MAINTENANCE, OPERATION OR HOSTING BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF OUR PROGRAMS TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you do not agree with these Terms, you are not allowed to use our products/services. Moreover, any use of our products/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, both persecutable as felonies.

Limitation of Liability

OUR LIABILITY TO YOU, AND TO THIRD PARTIES, UNDER THIS AGREEMENT AND FOR ANY CLAIM BASED ON ANY LEGAL THEORY, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID US IN THE THIRTY DAYS PRIOR TO ANY DAMAGE OCCURRING.

UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE OR OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST INCOME, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM MADE BY US.

Indemnification

You agree to defend, indemnify and hold us and anyone on our behalf, including but not limited to, all of our owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’, and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any content you submit; and/or (ii) any breach of these terms made by you.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Singapore. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded.

Notwithstanding the foregoing, in the event of a breach or threatened breach of any provision of these Terms by you, we could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms and that the remedies at law available to us may otherwise be inadequate and we shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation, an injunctive relief, in any jurisdiction worldwide.

You hereby acknowledge and agree that We shall not be required to post a bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition.

Fair use policy

The Company believes in software Freedom and strive to provide low cost, high quality services surrounding their software. In order to keep the costs low, without placing artificial restrictions, we have a fair use policy in place. In no event shall we provide support to anyone who is seeking our support for more than three domains per month. This restriction is in place to deter edge cases, like a hosting provider buying a single subscription, installing the software on all of his clients’ sites and then overflowing our support services with its client’s requests. If such behaviour is detected, we regret to inform you that we will immediately terminate the user account without a refund.

Moreover, The Company and upsellwp.com reserves the right to terminate any account which is supected in being implicated in unlawful or abusive activity, including –but not limited to– unsolicited mass distribution of our for-a-fee software. Account termination is in the sole discretion of The Company and UPsellWP and we reserve the right to not provide any prior warning or further information.

We reserve the right to terminate user accounts (upon fair warning) of users who are submitting the same support requests numerous times to our support ticket system. We reserve the right to block or terminate accounts (upon fair warning) of users who submit an excessive amount of support requests.

Actions for content beyond fair use and account termination policy 

If the content you submit to upsellwp.com is deemed offensive, inappropriate, defamatory, objectionable or in any other way engage in disruptive behavior we reserve the right to use your personal information to stop such behavior.

If The Company believes on reasonable grounds that you are in violation of the laws of Singapore, we reserve the right to submit your personal information – including the content itself and any other relevant information about you – to the proper authorities, such as law enforcement, your ISP or school email / ISP.

The Company reserves the right to terminate user accounts (free or paid subscribers) when the aforementioned fair use rules are violated. Furthermore,The Company reserves the right to terminate user accounts if the user is posting unsolicited messages (spam), engaged in sites or services promoting the unauthorized distribution of proprietary or other distributed for-a-fee software (warez), directly promoting or linking to resources promoting indecent or unlawful actions, or in any other way trying to disrupt or diminish the quality of the services offered by this site. Account termination takes place without prior notice and is considered final. Holders of terminated accounts, if they are paid subscribers, will not be refunded. The Company reserves the right to terminate any further user accounts created by the holder of a terminated account, or any other person, business or organization affiliated with or endorsed by the holder of a terminated account.

The Company reserves the right to change or modify current Terms and Conditions with no prior notice.