Terms of Use
These Terms of Use apply to any purchases made from http://www.phpPennyAuction.com (the Website), be it for the phpPennyAuction software itself, or any of the associated services. Scriptmatix Limited reserves the right to amend or update the Terms of Use at any time, with or without notice.
1. Service Provision
The phpPennyAuction Software is supplied by Scriptmatix Limited, and is licensed, not sold, under the terms of the EULA. Scriptmatix Limited reserves all rights not expressly granted to You and Scriptmatix Limited retains the ownership of the Software unless explicitly agreed otherwise.
License holders are not permitted to “borrow”, “lend” or “sell” licenses to any third parties except in the case of License Transfer Policy as detailed in Section 6 of this Agreement. Any licenses found to be being used in this way may be permanently revoked, at the manager’s sole discretion.
Scriptmatix Limited reserves the right to refuse service or business at their discretion.
2. End User License Agreement
The EULA Agreement is included in the phpPennyAuction download package. By installing, copying, or otherwise using phpPennyAuction, you agree to be bound by the terms of the EULA.
3. Renewals & Payments
Payments are accepted via both 2Checkout, who accept PayPal and Credit Card. Payments can also be accepted through Wire Transfer upon negotiation. Leased (monthly) licenses automatically renew until cancelled. Payment is due on the anniversary of the date of signup each month. If payment is not received within 5 days of the due date, Scriptmatix Limited will suspend the license until full payment is received and reserves the right to suspend any and all related services for the account in question. Should we receive a chargeback or disputed payment, all services will be revoked until any disputed amounts have been repaid, plus a processing fee of $50.00 (USD) per chargeback incurred.
4. Delivery
All licenses are issued instantly upon receipt and approval of payment (after verification) through our website’s order form and are available for download from your account area. Our professional setup & installation services usually take between 1 – 2 business days to complete, but this is not a guaranteed turnaround time, and at peak times such as new releases, they will often take longer.
5. Refunds:
Once You have downloaded a Product from phpPennyAuction.com, or purchased a Product available for individual sale, we cannot offer a refund, which You are held responsible for understanding upon placing your order with phpPennyAuction.com. The reason for this policy is because we offer intangible irrevocable digital Products and as such, there is no way for our Products to be returned. As such, all license fees are non-refundable, including all renewal purchases, plugins, or otherwise, where Products have been previously downloaded, and Your payment for a phpPennyAuction.com Product indicates Your acceptance of this provision.
6. License Transfer Policy
We allow owned licenses bought directly from us to be transferred providing 30 days have passed from the date of purchase. Licenses obtained through a reseller cannot be transferred. Before any sale or transfer, the existing owner should contact us to verify eligibility. Then once ready to be transferred, we will issue an invoice for the license transfer fee which is currently $150.00 (USD), and once paid need to be supplied with the name, email and address details of the new owner for the license to be transferred to. Add-ons may be transferred between licenses within your own client account but not resold or transferred to other clients.
7. Assumption of Risk:
You expressly agree that the use of any and all Products distributed by phpPennyAuction.com and available as part of the phpPennyAuction.com collection and website is done so solely at Your own risk.
phpPennyAuction.com does not warrant or guarantee that Products on phpPennyAuction.com are free from copyright or other intellectual property concerns.
8. Enforceability:
The invalidity or unenforceability of any provision of this Agreement and Terms of Use will not affect the validity or enforceability of any other provision of this Agreement and Terms of Use. phpPennyAuction.com reserves the right to modify these Terms of Use at any time. phpPennyAuction.com also reserves the right to terminate this Agreement and Terms of Use without notice, if, in phpPennyAuction.com’s sole discretion, You fail to comply with any term of this Agreement and Terms of Use. Upon termination, You must destroy all content, materials and Products obtained from this Site, copies and related documentation thereof. In addition, phpPennyAuction.com reserves the right to terminate the Website, phpPennyAuction.com, without notice.
9. Jurisdiction:
This Agreement, its validity and effect, shall be solely interpreted, and governed by, the laws of United Kingdom. Any claims shall be brought solely in the Federal District Court of the United Kingdom and you expressly consent to the exclusive jurisdiction of the federal courts of the United Kingdom. You consent to the service of any required notice or process upon You by registered mail or overnight courier to the address provided to phpPennyAuction.com with Your registration, as You may update from time to time, with proof of delivery.
10. Legal Fees:
You agree to reimburse phpPennyAuction.com for its legal fees, costs and disbursements if phpPennyAuction.com is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment.
11. Entire Agreement:
You acknowledge that You have read this Agreement, understand it, had an opportunity to seek independent legal advice prior to agreeing to it, and agree to be bound by its terms and conditions. In consideration of phpPennyAuction.com agreeing to make available its Website and provide its Products, You agree to be bound by the terms and conditions of this Agreement. You further agree that this Agreement expresses the entire understanding and agreement between phpPennyAuction.com and You, and it is the complete and exclusive statement of the Agreement between You and phpPennyAuction.com, which supersedes any proposal or prior agreement, oral or written, and any other communication between You and phpPennyAuction.com relating to the subject of this Agreement. Further, You agree that placing this Agreement on the phpPennyAuction.com website shall serve as sufficient notification of phpPennyAuction.com’s Terms of Use/End-User License Agreement, which may be amended from time to time, and that any purchase on phpPennyAuction.com or any access to phpPennyAuction.com Products represents Your affirmative understanding and acceptance of this Agreement, any modifications or revisions to this Agreement, and all terms and conditions outlined herein. You also acknowledge that this Agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between You and phpPennyAuction.com with respect to the matters expressly set forth in this Agreement.
Amendment: Please be aware that our software contains autobidding functionality. The auto bidding feature may only be used to test the functionality of the software, and NOT WHEN THE SITE IS LIVE. In particular, the auto bidding feature should be disabled before you invite any members of the public to participate in any auction.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
1. Service Provision
The phpPennyAuction Software is supplied by Scriptmatix Limited, and is licensed, not sold, under the terms of the EULA. Scriptmatix Limited reserves all rights not expressly granted to You and Scriptmatix Limited retains the ownership of the Software unless explicitly agreed otherwise.
License holders are not permitted to “borrow”, “lend” or “sell” licenses to any third parties except in the case of License Transfer Policy as detailed in Section 6 of this Agreement. Any licenses found to be being used in this way may be permanently revoked, at the manager’s sole discretion.
Scriptmatix Limited reserves the right to refuse service or business at their discretion.
2. End User License Agreement
The EULA Agreement is included in the phpPennyAuction download package. By installing, copying, or otherwise using phpPennyAuction, you agree to be bound by the terms of the EULA.
3. Renewals & Payments
Payments are accepted via both 2Checkout, who accept PayPal and Credit Card. Payments can also be accepted through Wire Transfer upon negotiation. Leased (monthly) licenses automatically renew until cancelled. Payment is due on the anniversary of the date of signup each month. If payment is not received within 5 days of the due date, Scriptmatix Limited will suspend the license until full payment is received and reserves the right to suspend any and all related services for the account in question. Should we receive a chargeback or disputed payment, all services will be revoked until any disputed amounts have been repaid, plus a processing fee of $50.00 (USD) per chargeback incurred.
4. Delivery
All licenses are issued instantly upon receipt and approval of payment (after verification) through our website’s order form and are available for download from your account area. Our professional setup & installation services usually take between 1 – 2 business days to complete, but this is not a guaranteed turnaround time, and at peak times such as new releases, they will often take longer.
5. Refunds:
Once You have downloaded a Product from phpPennyAuction.com, or purchased a Product available for individual sale, we cannot offer a refund, which You are held responsible for understanding upon placing your order with phpPennyAuction.com. The reason for this policy is because we offer intangible irrevocable digital Products and as such, there is no way for our Products to be returned. As such, all license fees are non-refundable, including all renewal purchases, plugins, or otherwise, where Products have been previously downloaded, and Your payment for a phpPennyAuction.com Product indicates Your acceptance of this provision.
6. License Transfer Policy
We allow owned licenses bought directly from us to be transferred providing 30 days have passed from the date of purchase. Licenses obtained through a reseller cannot be transferred. Before any sale or transfer, the existing owner should contact us to verify eligibility. Then once ready to be transferred, we will issue an invoice for the license transfer fee which is currently $150.00 (USD), and once paid need to be supplied with the name, email and address details of the new owner for the license to be transferred to. Add-ons may be transferred between licenses within your own client account but not resold or transferred to other clients.
7. Assumption of Risk:
You expressly agree that the use of any and all Products distributed by phpPennyAuction.com and available as part of the phpPennyAuction.com collection and website is done so solely at Your own risk.
phpPennyAuction.com does not warrant or guarantee that Products on phpPennyAuction.com are free from copyright or other intellectual property concerns.
8. Enforceability:
The invalidity or unenforceability of any provision of this Agreement and Terms of Use will not affect the validity or enforceability of any other provision of this Agreement and Terms of Use. phpPennyAuction.com reserves the right to modify these Terms of Use at any time. phpPennyAuction.com also reserves the right to terminate this Agreement and Terms of Use without notice, if, in phpPennyAuction.com’s sole discretion, You fail to comply with any term of this Agreement and Terms of Use. Upon termination, You must destroy all content, materials and Products obtained from this Site, copies and related documentation thereof. In addition, phpPennyAuction.com reserves the right to terminate the Website, phpPennyAuction.com, without notice.
9. Jurisdiction:
This Agreement, its validity and effect, shall be solely interpreted, and governed by, the laws of United Kingdom. Any claims shall be brought solely in the Federal District Court of the United Kingdom and you expressly consent to the exclusive jurisdiction of the federal courts of the United Kingdom. You consent to the service of any required notice or process upon You by registered mail or overnight courier to the address provided to phpPennyAuction.com with Your registration, as You may update from time to time, with proof of delivery.
10. Legal Fees:
You agree to reimburse phpPennyAuction.com for its legal fees, costs and disbursements if phpPennyAuction.com is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment.
11. Entire Agreement:
You acknowledge that You have read this Agreement, understand it, had an opportunity to seek independent legal advice prior to agreeing to it, and agree to be bound by its terms and conditions. In consideration of phpPennyAuction.com agreeing to make available its Website and provide its Products, You agree to be bound by the terms and conditions of this Agreement. You further agree that this Agreement expresses the entire understanding and agreement between phpPennyAuction.com and You, and it is the complete and exclusive statement of the Agreement between You and phpPennyAuction.com, which supersedes any proposal or prior agreement, oral or written, and any other communication between You and phpPennyAuction.com relating to the subject of this Agreement. Further, You agree that placing this Agreement on the phpPennyAuction.com website shall serve as sufficient notification of phpPennyAuction.com’s Terms of Use/End-User License Agreement, which may be amended from time to time, and that any purchase on phpPennyAuction.com or any access to phpPennyAuction.com Products represents Your affirmative understanding and acceptance of this Agreement, any modifications or revisions to this Agreement, and all terms and conditions outlined herein. You also acknowledge that this Agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between You and phpPennyAuction.com with respect to the matters expressly set forth in this Agreement.
Amendment: Please be aware that our software contains autobidding functionality. The auto bidding feature may only be used to test the functionality of the software, and NOT WHEN THE SITE IS LIVE. In particular, the auto bidding feature should be disabled before you invite any members of the public to participate in any auction.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
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