This document has been updated on 25th of January 2018
This Terms and Conditions document (“Agreement”) is a legal agreement between you (either an individual or an entity, “You” or “Your”) and Diego Zanella, also trading as Aelia (“We”, “Our” or “Us”) for the use of software (“Software”) and any services that may be provided. We reserve the right to modify the terms of this Agreement at any time.
By purchasing, or downloading a free copy, of the Software (or authorising any other person to do so), or purchasing services from Our website, you warrant that you are capable of entering into a binding legal agreement, that You have read and understand this Agreement and that You accept its terms and conditions. You acknowledge that this Agreement, together with any additional Licence or Service Agreements obtained from Us, constitute the complete statement of the agreement between You and Us.
Grant and Scope of Agreement
Subject to the terms and conditions of this Agreement and the payment by You of the applicable fee for the Software, We grant You a limited, non-exclusive, worldwide right to install, download and use the Software as described in the Licence under which the purchased Software is distributed.
It is your responsibility to make sure that the Licence under which the Software you obtain from Us is distributed is appropriate for the use you intend to make of it.
3rd Party Licences
We reserve the right to distribute some of our Software under 3rd Party Licences, such as GPL, MIT, OSL or other(s). By using the Software provided by Us, you are agreeing to the term of the Licence under which it is distributed.
It is Your responsibility to ensure that you provide Us with accurate, complete and current contact information. A failure to do so may result in Your inability to access updates and services.
You must maintain the confidentiality and security of your customer credentials that allow You to access our Customer Support area. Any communication received by us through the customer area shall be assumed to have originated from You or an agent acting on your behalf.
Software distributed free of charge
Any software obtained from Us free of charge, by any means (including, but not limited to, coupons, special offers, sales, discounts, etc) under any Licence, is not covered by any free support. For such software, paid support is available. To request a quote for paid support, please contact us.
Software subject to a Licence Fee
For an initial period of the Licence (“Initial Period”), which shall commence upon payment by You of the applicable Licence Fee, We shall provide You with support to respond to any problems (“Support”) You are experiencing with the Software which result in it not complying with its description or the demonstration, as made available on Our website (“Problem”). Such Support is included in the Licence Fee for the Initial Period and it covers one website per each purchased licence (no distinction is made between development and production websites).
Additional payments (“Support Service Payments”) will be required to extend access to Support beyond the Initial Period, or to obtain Support for websites other than the first one.
The duration of the Initial Period covered by Free Support is established in 30 calendar days, unless otherwise specified in Product page. We reserve the right to provide free support beyond this term, but we shall not be obligated to do so.
We will not be able to provide free support and updates to customers who have pending overdue payments, whether said payments are related or not to the product, service or project for which support has been requested.
- Support and automatic updates (where available) for one single installation, on a single, standalone site, for each purchased licence. You are allowed to install each product on additional sites, if you wish. The products will be functional, but we won’t be able to provide support, nor automatic updates without a valid licence for each site.
- Installation issues depending uniquely on the paid Software provided by Us.
- Question about usage of our Software.
- Corrections to text, documentation or User Interface.
- Free updates for one year (365 days) or two years (730 days) from the date of purchase, depending on the purchased product, unless the product is retired earlier. Products whose licence duration is not explicitly declared come with one year of updates and support.
It’s your responsibility to keep a copy of the products you purchased, as you won’t be able to access them when your link expires. We can’t keep old versions of the products available, and we won’t be able to send them to you.
Support does NOT cover
- Configuration of the software on your site(s). We provide installation and configuration service separately, for a fee.
- Styling and theme customisation.
- Any software provided by Us free of charge, including, but not limited to, plugins, themes, customisations, code snippets, etc. For such software, paid support is available. To request a quote for paid support, please contact us.
- Any software that has been modified by You, or any third party, without our prior written approval.
- Any software not purchased directly from our site. Products purchased on external marketplaces, including, but not limited to Envato, CodeCanyon, ThemeForest, etc are not covered by free support unless otherwise specified.
- Issues caused by, or related to:
- Incorrect configuration parameters not entered directly by Us, including, but not limited to, any of our products, 3rd party products or themes.
- Third party Software not explicitly supported by Us, including libraries used by our Software. We do not guarantee, nor we imply compatibility with any plugin, theme or customisation not developed by Aelia.
- Third parties modifying the site where the software was running correctly, including, but not limited to, changes in file names, file location and content (i.e. they break it, they fix it).
- Unmet requirements in the environment where the software is being installed.
- Modifications to our Software, when not approved or provided by Us.
- Modifications to the database not made by Us or by our Software. Database commands or queries provides by Us, but not executed directly by Us, are also excluded.
- The server, or environment, where our software is installed.
- Questions unrelated to the usage of our Software, including, but not limited to:
- Customisations not developed by Us.
- Coding advice and consultancy of any kind, including, but not limited to, usage of your software in products that you are planning to resell or redistribute, such as themes, plugins, and application.
- Configuration of 3rd party products to interact with our Software.
- Consultancy to implement custom features.
- Installation of the Software in your environment performed by us. Installation service is available for a fee.
- Hands-on troubleshooting on your site(s), including, but not limited to, logging on your site to check settings, debug your live installation or reviewing your WordPress configuration, environment and/or server settings.
- Multi-site environments, including, but not limited to WordPress MultiSite (WPMU), unless otherwise agreed. This is due to the higher complexity of such installations, which often requires hands-on troubleshooting.
- Beta versions of software, which can be identified by the presence of the word Beta in their Name or Version.
- Products whose order is expired. Once your purchase order expires, you must place a renewal order to continue to avail of the free support service.
- Retired products. When a product is retired, no further updates or support will be provided for it.
- Anything not explicitly listed in “Free Support covers” section.
Support (both free and paid) is available from Monday to Friday, between 9 AM and 5 PM (GMT). If you require Support outside business hours, or during holidays or weekends, please refer to the support hourly rates listed below.
Support is provided uniquely through the support portal. Support by email, phone or instant messaging is not available unless otherwise agreed.
You may notify Us of Problems via our portal, and We will use Our reasonable endeavours to respond to such Problems and provide a resolution to such issues. For the avoidance of doubt, We do not warrant that We can provide resolution to issues on an individual basis and resolution to issues may be provided with the next update.
Support rates (valid from the 1st April 2017)
- Support and consultancy services (Monday to Friday, between 9 AM and 5 PM GMT): 120 Euro per hour.
- Our services will no longer be available during weekends and holidays.
- The first two hours of support must be paid upfront. Unused time will be refunded at the end of the work. Additional hours will be billed separately.
- Payment for additional hours will be due in five working days from the invoice date, unless otherwise agreed.
- Support is billed in 30 minutes segments, rounded up. That is, for support requiring 45 minutes, one hour will be billed. The minimum billable time is 30 minutes.
- In case of non payment of support charges, we reserve the right of suspending the provision of Free Support until all pending invoices are settled.
Emails and Communications
By completing an order on our site, You understand and agree that We may contact you occasionally, exclusively in relation to your order(s) and/or the product(s) you purchased, and that we may send you emails about topics including, but not limited to, product updates, orders expiration and renewals.
You will be allowed to opt-out of such communications at any time. By opting out, You understand and agree to not receive any further emails from Us in relation to your order(s) or product(s) you purchased. It will be your sole responsibility to keep the product(s) you purchased up to date, and keep yourself informed about new releases, fixes, and updates that we will publish on our site.
Limitation of Liability
Our liability for losses suffered by you, arising out of or in connection with this agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall be limited to 100% of the purchase price. We shall not be liable for indirect, incidental, or consequential damages of any kind, including loss of income or profits, loss of goodwill, loss of data, or the like. Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation.
This Agreement sets out the full extent of Your obligations and liabilities in respect of the supply of the Software. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on You except as specifically stated in this Agreement. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, this Agreement, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless Us and our staff, including, but not limited to officers, directors, agents, and employees from and against any and all demands, claims, losses and liabilities, including reasonable attorney’s fees, arising out of or caused by Your or Your visitors’ use of the Software. This obligation shall survive the termination of this Agreement.
Our downloadable products are non-tangible, irrevocable, digital goods, but we are glad to offer a 30 day money back guarantee to all purchases made on this site. If you are unhappy with our product, and contact us within 30 days of your initial transaction, we’ll refund your purchase.
Important: the cost of services, including, but not limited to, support, consultancy and custom development, is not refundable.
Whenever a refund is granted, all rights conferred by the refunded purchases are to be considered revoked with immediate effect. In such case, You must permanently delete any copy of the software for which the Licence fee You paid was refunded. You are not allowed to keep unlicensed copies of Our Software, for any purpose. All warranties, liabilities and responsibilities We had towards You in relation to the Product for which a refund was issued cease to exist with immediate effect.
Limitations and exceptions
- We reserve the right to deny a refund in case of abuse of the refund policy, included, but not limited to, repeated purchases of the same product, followed by refund requests, false claims of unauthorised payments and fraudulent credit card chargebacks. In case of fraudulent refund requests, we reserve the right to cancel the affected orders and to apply an administrative fee equal to 100% of the original transactions’ amount.
- Refunds will not be granted for products that have been modified by anyone other than the Aelia Team.
- Refunds will not be granted for purchases of services, including, but not limited to, support, consultancy and custom development.
- Refunds will not be granted if there are pending charges or unpaid invoices against Your account. In such case, all pending payments must be settled in full before the refund can be processed.
- The refund policy doesn’t apply to products sold via external marketplaces, including, but not limited to, Envato, ThemeForest, CodeCanyon, etc. External marketplaces have their own refund policy, which we cannot control, and that we must follow.
- We reserve the right to decline a refund request when it follows any form of “blackmailing”, including, but not limited to, a request to provide our premium services free of charge.
Online dispute resolution for customers
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link: http://ec.europa.eu/consumers/odr/.
Should you have any questions, please feel free to contact us.
This Agreement, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Irish law and submitted to the non-exclusive jurisdiction of the Irish courts. If an Irish Court judges any provision of this Agreement to be invalid, void, or unenforceable, the parties agree that the remaining provisions of this Agreement shall remain valid and enforceable.