The words "we", "us" and "our" used within these Terms of Service refer to Zumada Limited.
The words "you" and "your" used within these Terms of Service refer to you, the client.
These Terms of Service apply to your use of www.whmcsthemes.com (the "website") and any purchase or use by you of any products or services that may be made available to you through it.
You must be aged 16 years or older to use this website or purchase products and services made available through it.
We reserve the right to amend or update these Terms of Service at any time, with or without notice. Such changes shall take effect immediately and shall apply to all subsequent use by you of the website and any purchase or use by you of any services that may be made available to you through it.
The words "working days" used within these Terms of Service do not include weekends or any public holidays in the United Kingdom.
Any violation or breach of these Terms of Service may result in immediate account termination, without notice, and legal action.
Quotations are valid for 30 days only, after which time they will expire and a new quotation can be requested.
Any quotation we provide for a service will include an estimated time frame for completion which will be expressed in "approximate working days". This is an estimate only and is not a guarantee that the service will be performed within the exact number of working days specified.
All products are provided in accordance with the description on our website and as per any live demonstration we offer. Unless explicitly stated on our website, we cannot guarantee compatibility of our products with any other third party product.
By purchasing a single license for a product from our website, you are permitted to use the product on a single domain name that is legally owned by, and registered to, you or your company.
Product licenses cannot be transferred, sold, or otherwise distributed, whether for free or with charge, to any other person, company or third party under any circumstances.
Digital files obtained from this website cannot be transferred, sold, or otherwise distributed, whether for free or with charge, to any other person, company or third party under any circumstances.
We reserve the right to discontinue a product and remove it from sale at any time and for any reason, without notice. This will not affect your entitlement, in accordance with these Terms of Service, to use a licensed product on your website.
By ordering a service, you agree to provide us with all necessary information that is required for us to perform the service.
A service will be performed within the approximate number of working days that was specified within the corresponding quotation, or within the timeframe advertised on our website, starting from when we have acknowledged receipt of all necessary information from you that is required to perform the service.
A service cannot be modified or amended in any way. If you require alterations or additional work to be performed, it will be necessary to request a seperate quotation.
Any digital files or website code made available to you as a result of a service cannot be transferred, sold, or otherwise distributed, whether for free or with charge, to any other person, company or third party.
Payment must be made in full before any product will be made available to you or before any service will be performed.
Where payment is made via PayPal, no transaction fees will be charged. Transaction fees for payments made via other payment methods must be paid for by you.
If, after 6 months from the date of payment, you have not provided us with the necessary information required to perform a service, the service will be cancelled and your payment, minus a $14.99 USD administration charge, will be applied to your account credit balance for future use.
Where a payment has been returned or is no longer in our posession due to a PayPal dispute, hold or claim, or a credit card chargeback, no products or services will be made available to you until your account returns to good standing.
By ordering products or services from the website, you give your express consent for us to begin performance of the service or deliver the product immediately and you acknowledge that your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will be lost.
As soon as we are in possession of all necessary information required to perform a service, the service cannot be cancelled for any reason.
If we have not yet started performance of a service, it can be cancelled at our sole discretion within 6 months from the date of payment and a full refund, minus a $14.99 USD administration charge, will be issued.
We reserve the right to cancel a service at any time and for any reason. In such cases, a full refund will be issued.
As we provide digital products and services that cannot be returned, and bespoke products and services that cannot be re-sold, we cannot provide a payment refund in the event that you change your mind.
Products we sell are provided as per the description on our website and cannot be refunded, cancelled, returned or exchanged under any circumstances.
Where a service provided by us is significantly different to what was specified within an accepted quotation, or significantly different to what was advertised on our website, a full or partial refund may be issued at our sole discretion.
If, whilst we are in possession of all necessary information required to perform a service, there is a significant and unreasonable increase in the approximate number of working days it takes to complete the performance of a service, as specified within an accepted quotation, or as advertised on our website, a full or partial refund may be issued at our sole discretion.
In cases where a full refund is issued, the service will not be provided to you.
In cases where a full refund is issued and we have already begun or completed the performance of a service, you will not be permitted to use or distribute any digital files we have provided you with in relation to the service.
Any refund we issue will be returned to the original funding source, without exception, and may take approximately 10 working days to process.
Account credit balances cannot be exchanged for cash and any unused account credit will expire after one year.
User support for issues relating to a service will be available at no additional cost for up to 15 calendar days following the date of completion.
An active support package is required in order to access user support, downloads and documentation for each product made available through this website. A support package is included with all products as standard and can be renewed upon expiry.
If a product is discontinued and no longer sold or made available by us, it will not be possible to renew the associated support package. Any outstanding support packages relating to discontinued products will continue to be valid until they expire.
If there are outstanding payment issues relating to your account, user support will not be provided and any support packages within your account will be suspended until your account returns to good standing.
We reserve the right to, at our sole discretion, refuse user support temporarily or indefinitely for any reason including, but not limited to, the following:
- if you breach these Terms of Service
- if you are abusive towards our employees or representatives
- if you engage in activities that are likely to damage our reputation
Limitation of Liability
You agree that we will not be held legally or financially liable for your failure to read or understand these Terms of Service.
By ordering any product or service from the website, or by using the website, you agree that we will not be held legally or financially liable for any loss of data or loss of earnings you may incur for whatever reason.
You agree that we will not be held legally or financially liable for any loss of earnings for any period of website down-time that is required to perform a service.
To the extent permitted by applicable law, we hereby disclaim any and all warranties, whether express or implied, statutory or otherwise, as to the accuracy of any information contained on the website. Accordingly, we shall have no liability for any loss or damage, howsoever arising and of whatever nature incurred, caused by use of the website or reliance upon any information contained on it including, without limitation, any direct, indirect or consequential loss, loss of business, loss of goodwill or loss of profits.
Applicable Language, Law and Jurisdiction
You agree to be bound by our Terms of Service, as written and defined in English.
Services provided by us will require communication in English in order that they can be performed.
Your use of the website and the operation of these Terms of Service and any dispute or claim arising out of or in connection with such matters shall be governed by, construed and interpreted in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the judiciary of England and Wales.
If you have breached these Terms of Service, we reserve the right to bring legal proceedings against you in any of the following:
- the courts of the country of your residence
- the courts of the location of your access, use or storage of any materials obtained from the website
- the courts of the location of any breach by you of these Terms of Service
- the courts of the location of your authorisation of any of the above acts