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Terms of Service

PLEASE READ THESE TERMS OF SERVICE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE OR ANY OF THE SERVICES.

1. INTRODUCTION
Thank you for visiting the Plumrocket website located at https://plumrocket.com. This site is owned and operated by Plumrocket, Inc (the "Consultant"). These terms of service (the "Terms of Service" or "TOS") apply to and govern your use of the Site, Products, and the Services (collectively referred to as the "Software"). Your use of the Software signifies your agreement to be bound by these Terms of Service, the Privacy Policy (the "Privacy Policy"), and the Refund Policy (the "Refund Policy") which is hereby incorporated by reference. As used herein, any references to "your" or "you" (the "Client") shall include any authorized user of your Account.

Plumrocket Inc reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Software, these TOS, and/or the Privacy Policy, in whole or in part, at any time. Changes to these TOS and Privacy Policy will be effective when posted. You agree to review these TOS periodically to be aware of any changes. Your continued use of the Software after any changes to these TOS are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.


2. CONFIDENTIALITY

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:

  • is already known to the party to which it is disclosed;
  • is or becomes part of the public domain without breach of this TOS;
  • is obtained from third parties, which have no obligations to keep confidential to the parties to this TOS.

 

3. DISCLAIMERS

3.1. Third Party or Client Script Modification

The consultant can take no responsibility for services provided by third parties through us or otherwise, including the web hosting of the Client's Software. The 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.

3.3. Security

The consultant will make reasonable attempts to protect the integrity of the Client's Software. As no software or server is 100% safe from security breaches, 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. The 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 upon by both parties. This timetable must be agreed upon 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 the offer as invalid and therefore terminated if Client fails to pay a first deposit before the start date specified in the offer.


4. INTELLECTUAL PROPERTY

4.1. Offers and Proposals

Offers and proposals made by the Consultant to potential clients should be treated as trade secrets and remain the property of the 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 the Consultant.  This includes, but is not limited to, technical features, functionality, aspects of the design, and pricing information.

4.2. Licensing

Once the 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 Consultant will provide the Client with a Single Magento Installation License in accordance with Clause 4.3.

The client may request to change the domains or sub-domains in his License after the order was placed. All requests to update the license must be approved by the Consultant. However, the Consultant is not obligated to approve these requests and may reject them for any reason. 

4.3. Single Magento Installation License (the "License")

All parts of Consultant's Software including, but not limited to Magento extensions, Magento themes, algorithms, PHP code, Javascript code or CSS code, texts, images, and designs are licensed according to this license unless otherwise stated. The License grants you a non-exclusive and non-transferable right to use Consultant's Software subject to the following conditions:

  • All parts of the Consultant's Software are 100% Open –°ode.
  • You have been granted this license explicitly by the copyright holder.
  • You are granted one single use of the Software on one live Magento installation located on one server and the unlimited number of development sub-domains or development domains (development domains are subject to approval). 
  • You may use the Software for your own purposes or for a client, anyhow, use of the Software is limited to one live Magento installation located on one server and the unlimited number of development sub-domains or domains. 
  • Use on additional live Magento installations, requires you to obtain one License for each live Magento installation you wish to use the Software on.
  • You must not directly or indirectly license, sub-license, rent, lend, sell, resell, provide for free, reproduce or distribute by any means the Software.
  • You will obtain a License that will remain valid until you stop using the Software or until the Consultant terminates this License because of your failure to comply with any of its TOS. 

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 include descriptions of the algorithms and methods implemented.

  • You must not create derivative works based on the Software.
  • You must not reverse-engineer the Software.
  • You must not incorporate the Software in any work created for resale.
  • You must not use the Software to provide services similar to those provided by the Software.

Any violation of copyright laws may result in severe civil and criminal penalties.

Without prejudice to any other rights, Consultant may terminate this License at any time if you fail to comply with the TOS. In such event, it constitutes a breach of the agreement, and your License to use the Software is revoked and you must destroy all copies of Consultant's Software in your possession. After being notified of the termination of your License, if you continue to use Consultant's Software, you hereby agree to accept an injunction to prevent you from its further use and to pay all costs (including but not limited to reasonable attorney fees) to enforce Consultant's revocation of your License and any damages suffered by Consultant because of your misuse of the Software. The consultant is not bound to return you the amount spent for the purchase of the Software for the termination of this License.

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. CUSTOMER RATINGS AND REVIEWS

When Client submits content for posting on Consultant's Site, Client permits Consultant to post his submission with his name, city, country and website address. By submitting any content to Consultant, Client represents and warrants that:

  • The client is the sole author and owner of the intellectual property rights thereto;
  • all "moral rights" that Client may have in such content have been voluntarily waived by Client;
  • all content that the Client posts is accurate;
  • use of the content Client supplies does not violate these TOS and will not cause injury to any person or entity.

The client further agrees and warrants that Client shall not submit any content:

  • that is known by Client to be false, inaccurate, or misleading;
  • that infringes any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which Client was compensated or granted any consideration by any third party;
  • that includes any information that references other websites, addresses, email addresses, contact information, or phone numbers.

Client agrees to indemnify and hold Consultant (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of Client's representations and warranties set forth above, or Client's violation of any law or the rights of a third party.

For any content that Client submits, Client grants Consultant, including its affiliates and subsidiaries, a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium, product or technology throughout the world without compensation to the Client.

All content that the Client submits may be used at the Consultant's sole discretion. Consultant reserves the right to change, condense or delete any content on Consultant's website that Consultant deems, in its sole discretion, to violate the content guidelines or any other provision of this TOS. The consultant does not guarantee that the Client will have any recourse to edit or delete any content that the Client has submitted. Ratings and written comments are generally posted within two to four business days. However, the Consultant reserves the right to remove or to refuse to post any submission for any reason. The client acknowledges that Client, not the Consultant, is responsible for the contents of the Client's submission. None of the content that Client submits shall be subject to any obligation of confidence on the part of Consultant, its agents, subsidiaries, affiliates, partners or third-party service providers, and their respective directors, officers, and employees.

 

6. 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.


7. 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 permission or release.

  

8. TERMINATION

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.

 

9.  INTERPRETATION

9.1. Jurisdiction

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.

9.3. Independence

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.

 

This document was last updated on October 16th, 2017