Terms of Service
Terms & ConditionsPlease read the following carefully before placing any order.
Terms of Services - iPhone and Android Native AppsThese terms and conditions are subject to change without prior written notice at any time, in Socialenginemarket.com sole discretion.
These Terms and Conditions of Sale apply to all orders placed by the Customer with Socialenginemarket.com or its reseller by any means, including, but not limited to, electronic ordering via Socialenginemarket.com website, by fax, by mail, or by email.
In this agreement, the term Software refers to any software product sold by Socialenginemarket.com.
This agreement and any sales hereunder shall be governed by the laws of Ukraine. Any legal action or proceeding related to this agreement shall be instituted solely in a court in Ukraine. If any legal action is brought to enforce this agreement, the prevailing party will be entitled to receive its legal fees and costs.
All products are priced in USD.
All prices are subject to change without prior notice.
Written quotations from Socialenginemarket.com automatically expire 30 days from issue unless otherwise extended on the quotation document.
Customers are required to prepay their orders.
Standard payment terms are net 3 days - all payments are due 3 days from the date of invoice. You will be invoiced in advance for software products. The work on the application will be started only when the invoice is paid. Standard terms may be revoked at the discretion of Socialenginemarket.com (for example, when there was a history of late payment).
An order must be paid by either:
4. Refunds, Returns, and Transfers
Refunds will only be given at the discretion of Socialenginemarket.com.
For all other sales, returns will be accepted at the discretion of Socialenginemarket.com and only if returned within a 3 days period after the purchase date. Socialenginemarket.com will make refund only if our app does not work as indicated in its description and demo with your version of SocialEngine core and we can not fix reported issues. Customer needs to contact Socialenginemarket.com before returning a product.
In case a refund is granted and the product is returned, all shipping expenses and payment charges are on account of the customer.
A software may not be sold or rented out without Socialenginemarket.com written permission.
5. Warranties and Liability
To the fullest extent permitted by law, the Software sold by Socialenginemarket.com is provided as is and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Socialenginemarket.com doesn’t provide the Customer with the source code of any products.
In no event shall Socialenginemarket.com, or anyone else who has been involved in the creation, production, or delivery of the Software be held liable whether in contract or tort (including negligence) or otherwise for any loss of profit, health, or any commercial damage, including, but not limited to, special, incidental, consequential, or other damages resulting from the use, or misuse of the Software.
To the extent permitted by law, the total liability of Socialenginemarket.com in all circumstances is limited to the price paid by the Customer for the relevant product.
Therefore, by purchasing our themes, plugins, widgets or apps, you agree to:
1. Use every purchased theme, plugin or widget in one website at the same time only. If you plan to use it/them in more than one website at the same time, you will need to buy extra licenses for every theme, plugin or widget. Feel free to contact us for possible volume discounts.
2. You are not allowed to resell, redistribute, sub-license, or transfer to anyone else our themes, plugins or widgets.
3. You may not claim intellectual and/or exclusive ownership to any of our products. You may, however, claim intellectual and/or exclusive ownership for those parts of the code/design created by you.
4. You may not ask for a refund after the product has been downloaded (actually appear in your download area). Unless, for some reason, the product does not work as indicated in its description and we can not fix that.
5. Our themes, plugins or widgets 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 a rising out of the use of or inability to use our products.
Please make sure that you have read carefully the compatibility information before purchasing them in order to make sure they are compatible with your SocialEngine installation.
Terms of Services - Custom WorksIn order to start the project the client must provide us with all required information and specifications which include website address, ftp access or ssh, complete written description of works to fulfill, advance payment as agreed.
During our work on the project the client agrees not to implement any changes to the site by outside developers or by themselves if the contrary was not discussed separately.
All works are performed and approved at our test server and transferred to the client’s serveronly after final payment which is not refundable.
Money refund to the client is possible ONLY in the case if client provides us with all requested information (like server access credentials, URLs, etc.) but we cannot complete development according to initial requirements agreed before development was started. Any errors, delays or misunderstanding can not cause refund if we still able to complete the development according to agreement. Final payment made after project completion is not refundable.
All negotiated terms are the terms of presentation of the first working version corresponding to initial requirements. All proof readings, revisions, etc, no matter we do them for free or for an additional money, may take longer time.
If the client finds a mistake and this mistake was caused by our revisions in the code we will do our best to correct it as soon as possible.
Terms of Services - Using Website
MembershipYou need not be a member of SocialEngineMarket.com (Site) to access the Site or use the content or services. However, access to some areas of the Site and some content and services may also be restricted to members only.
On becoming a member, you will be required to enter into a separate Membership Agreement.
Proprietary RightsYour use of the Site does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Site.
Your use of the Site does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Site.
If you make other use of the Site, or the Products, content, code, data or materials on the Site or available through the Site, except as otherwise provided above, you will violate copyright and other laws of Ukraine, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use.
Copyright AgentWe respect the intellectual property rights of others, and require that those people who use the Site, or the services or features made available on or through the Site, do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Site:
your address, telephone number, and email address;
a description of where the alleged infringing material is located;
a description of the copyrighted work that you claim has been infringed;
and a statement by you, that you warrant that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.
Changes to Terms and ConditionsSite may, at its sole discretion, revise or change these Terms and Conditions (in whole or in part) from time to time and at any time without notice to you.
Changes in the Terms and Conditions will be effective when posted by us on the Site.
Your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
You are solely responsible for the accuracy and content of User Information.
Linking to the SiteYou agree that if you include a link from any other web site to the Site, such link must link to the full version of an HTML formatted page of the Site.
You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
You agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another web site.
You agree not to link from any other web site to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.
We reserve our right to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
Third Party SiteYou may be able to move from the Site to third party web Site (Linked Site).
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Site, even if they are owned or run by affiliates of ours.
The inclusion of any link to such web Site on our Site does not imply Site’s endorsement, sponsorship, or recommendation of that web site.
Site disclaims any liability for links to another web site.
DisclaimerThe Trade Practices Act and similar state and territory legislation in Ukraine may confer rights and remedies on you in relation to the provision goods or services on the Site which cannot be excluded, restricted or modified by Site (Non-excludable Rights).
Site does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
all content and services on the Site is provided “as is” and without warranties of any kind, either express or implied;
Site and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
Site does not warrant that the functions contained in any content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits content to you are free of viruses or any other harmful components;
Site does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked web Site) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of Site) will Site or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site or the content.
To the fullest extent permitted by law, Site’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Site to the following:
in the case of services supplied or offered by Site:
the supply of the services again;
the payment of the cost of having services supplied again;
andin the case of goods supplied or offered by us:
the replacement of the goods or the supply of equivalent goods;
orthe payment of the cost of replacing the goods or acquiring equivalent goods.