1. Product Presentation.
2. Prices, Payment and Delivery.
3. Order Acceptance.
4. Warranty and Support.
5. Product (Extension) License.
6. Updates for commercial Products.
7. Refunds.
8. Offers.
9. Custom Work License.
10. Free and Bonus Extensions.
11. Site Users and Members.
12. Disclaimer and Limitation of Liability as to Products Sold.
 

13. Content.
14. Typographical Errors.
15. Referrals and Links.
16. Copyright.
17. Privacy Policy.
18. General Dispositions.
19. Termination of Usage.
20. Applicable Laws.
21. Compliance with Laws.
22. Capacity to Contract.
23. Arbitration.
24. Legal Validity of this Disclaimer.

 

1. Product presentation. Product description and version information are covering only the latest available product version for the latest available major Joomla! version, not older product versions. Please note that in some cases the product description, documentation, screenshots and demo-server may differ from version to version and are not a real standard, especially since the appearance can be modified; they are presented only for evaluation purposes. Additionally, please note that the demo-server for each product may run, in some cases, an older product version which might be different than the latest available version or present certain Joomla! tweaks which, of course, are not related to the product itself, but to the Joomla! environment and serve only for presentation purposes, especially since we grant administrator access for testing. When soliciting a product information, any received answer is based on the latest available version. If the commercial product is available for an older Joomla! version as well, we will make available for download, also an older product version compatible with it, as a bonus download.

2. Prices, Payment and Delivery. Prices are in EURO € and include all local taxes. Payments can be made in any currencies supported by the used payment gateway processor. Other displayed currencies on our pages are informative and may differ on daily basis, due to the exchange rates of the payment gateways. Listed prices are subject to change without further notice. Payments are processed by the following payment gateways: PayU, PayPal and Skrill. Orders not followed immediately by any payment will be erased from the system and are not the subject of any commercial commitment. For details regarding order processing, payment and delivery please check our How to Buy Guide.

3. Order Acceptance. Terms of payment shall be determined at our discretion and as otherwise agreed to by us. Payment shall be made by a Credit Card, Bankwire, PayPal or Skrill. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order and refund the payment if any already made. Where payments are made by credit card, there are subject to approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that in some cases, the order will receive our manual approval after certain validations. The payment gateway processor may require also additional verification or information before confirming any order, so if the case, please comply in order to validate the payment.

4. Warranty and Support. We guarantee that our products match their described features. Support and warranty are offered through our ticket system and forum, for a period of one year after acquiring a site license, which includes fixing of confirmed code issues and product updates. Eventual fixes will be included in the next version and distributed according to the licensing rights. Support covers issues encountered only on the latest available version, not older product versions! Support does not include any guidance regarding the code, how to customize it or its further development.

We are not liable when our products may not function properly due to any particular system configuration or other third party extensions, scripts or plugins, but we are trying to solve all these problems as long as this stands in our power. So please do not hesitate to contact us, through our ticket system or on our forum. Please note that we are trying to answer as soon as possible, but take also under consideration our time zone (GMT +2) and working days (a schedule is available on our Contact Us page).

Customer modified sources, bonus downloads, free given licenses and free products are excluded from any warranty and support and are distributed as they are.

5. Product (Extension) License. All thePHPfactory branded products for Joomla!, are distributed under the GPL GNU General Public License, version 2, except the included images, JavaScript, CSS, etc. which are distributed with an intellectual proprietary license. The source code of our products and custom work are NOT encrypted and we hope it will never be necessary to apply such measures. Our intention is to provide customers with more comfort and flexibility.

Site licenses for product support and updates are not transmittable and cannot be further sold. In cases of abuse, brand name miss-usage, damages to the product brand, frauds, further code distribution, unjustifiable refund requests, improper languages on forums, spamming, etc., the license will be revoked immediately.

6. Updates for commercial Products. Products are sold as they are. Updates are included in the licensing package, for a period of one year, for customers who are registering the product on a single domain (one live site and URL). The customer will receive then the updates upon request, after a validation of the site URL. Please note that if any updates will be released, they will come as they are and only in special cases an upgrade script will be released.

Bonus downloads, free distributed licenses and customized versions (which are usually built on the latest available versions) are NOT subject to any update. Non-commercial products are also distributed as presented and are not the subject of updates.

7. Refunds. Refunds are granted for a period of seven days after purchase if our component doesn't have any of the mentioned features on the product description tab available on each product page. Also, if there are any issues caused by our provided code that cannot be solved by us in maximum twelve working days after confirming the issue, we will perform a refund as long as the issues are caused only by our code and not by any particular system configuration or other third party extensions, scripts or plugins.

Due to the nature of the product, the fact that the software can be evaluated (on the demo-server) prior to purchase and that once downloaded it cannot be returned or exchanged, there is no right of cancellation once you have started the download. By placing an order on this site for a downloadable product, you acknowledge that you cannot have recourse to the EU Distance Selling Directive (Directive 97/7/EC) or the Consumer Protection (Distance Selling) Regulations 2000 to cancel or return a product once you have started downloading that product. This does not affect your other statutory rights. Please use the Contact Us forms if you need further information.

In cases of claims, when a refund is claimed and not granted by the payment processor authority, the license will be revoked immediately, this kind of actions being considered a direct fraud attempt. Further support and correspondence will cease and if the case requires we will proceed with legal actions for illegal usage.

8. Offers. Issued quotes are valid for 48 hours if there is no other agreement made, due to constant price-offer optimization and available resources. Timeframes are approximate, since they may vary due to the clients feedback. Offers are not transmittable. Offers are having a private and confidential character and cannot be published in any form. If involving our products, the custom work will be realized only on the latest available version.

9. Custom Work License. The custom work that we are offering is intellectual proprietary licensed. Complete or partial use of the custom code in other extensions or projects is strictly prohibited. Exclusive intellectual property rights are under complete ownership of SKEPSIS Consult SRL. This means that the buyer is entitled to install and use it only on a single site. Reselling or distribution of our custom work is strictly forbidden. Regarding custom work, our terms stated here are valid if no other agreement was closed.

In cases of abuse, brand name miss-usage, damages to the product brand, frauds, further distribution of the licensed part of the code, unjustifiable refund requests, improper languages on forums, spamming, etc., the license will be revoked immediately.

Customers working with 3rd party developers should ensure that if a 3rd party acquired the license for them, worked on their site or customized the product further to suit their specific site requirements, to previously sign an NDA (Non-Disclosure Agreement) with the 3rd party in order to respect our Terms & Conditions presented here. This measure should offer protection to our customers, in case that any 3rd party is violating the Terms & Conditions.

10. Free and Bonus Extensions. These extensions are free for download with support offered only in our forum (no ticket support), covering only the latest available version for download (not older versions) and only product issues, not further customizations, tweaks or code questions.

11. Site Users and Members. By registering to our site you become a member and also can post topics in the forum. From time to time it's possible that we will inform you on different issues or products. If you don't want to receive our information then please let us know and we will delete your membership account.

Very pertinent behavior on the forum may lead to a ban and canceled membership. without any previous notification, especially in case of spamming or advertising other products. In order to avoid this please do not use improper language, insults, or have a pertinent behavior.

You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy. For further proceedings check also our Customer FAQ's.

12. Disclaimer and Limitation of Liability as to Products Sold. EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.

THE FOREGOING TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.

13. Content. The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement. We intend to maintain a steady business with exact guidelines and directions, but if due to any situation requiring this, the Terms & Conditions presented on this page may be changed without any previous notification.

14. Typographical Errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

15. Referrals and Links. The author is not responsible for any contents linked or referred to from his pages, unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guest books or mailing lists provided on his page.

16. Copyright. The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object. The copyright for any material created by the author is reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.

17. Privacy Policy. If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymous data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.

We welcome all comments, feedback, information, or materials, which you submit to us through or in conjunction with this Site ("Feedback"). Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.

18. General Dispositions. While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided "AS IS." We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, or use of this Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Web site, even if we are expressly advised of the possibility of such damages.

19. Termination of Usage. We may terminate or suspend your access to or use of all or part of this Site, without notice, for any conduct that we believe is disruptive to this Site or is in violation of any applicable law or these Terms & Conditions.

20. Applicable Laws. Your use of this Site and available products, shall be governed in all respects by the laws of the Romanian state only. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site, including but not limited to the purchase and usage of thePHPfactory brand and SKEPSIS Consult SRL products, shall be in the Romanian state courts, located on the Romanian territory. Any cause of action or claim you may have with respect to the Site, including but not limited to the purchase and usage of thePHPfactory brand and SKEPSIS Consult SRL products, must be commenced within one (1) year after the claim or cause of action arises. SKEPSIS Consult SRL failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms & Conditions. SKEPSIS Consult SRL may assign its rights and duties under this Agreement to any party at any time without notice to you.

SKEPSIS Consult SRL makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Romania do so on their own initiative and are responsible for compliance with applicable local laws.

21. Compliance with Laws. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your purchase of products or services through this Site. We may, at our sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms & Conditions or the Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms & Conditions or the Privacy Policy could be subject to criminal or civil penalties.

22. Capacity to Contract. You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use this Site.

23. Arbitration. By using this Site, you agree that SKEPSIS Consult SRL, at its sole discretion, may require you to submit any disputes arising from the use of this Site or usage of available products, or these Terms & Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the Romanian Rules of Arbitration, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the Romanian state and conducted on Romanian territory, as set forth in the previous section.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

24. Legal Validity of this Disclaimer. This disclaimer is to be regarded as part of the Internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.


The PHP Factory is a trademark of Skepsis Consult SRL