In this Agreement, references to "this Agreement" are references to this Agreement together with any document referred to or incorporated herein; "Clauses" are references to clauses to this Agreement; "Persons" include a reference to anybody corporate, unincorporated association or partnership; the singular shall include the plural and vice versa; "Third Party" is a person who is not a party to this Agreement; references to a statute, statutory instrument, regulation, order or licence is a reference to that statute, statutory instrument, regulation, order or licence as substituted, varied or re-enacted from time to time, unless the context otherwise requires.
As the account holder you are responsible for any action made on your account, both with regards to your service(s) at Licensecart and at a court of law. You are responsible for any bills on your account and no-one else is liable to pay them. If at any point you resell our service(s), you are responsible for them and not ourselves or your client. Licensecart holds the right to refuse service and / or access to any party at anytime.
Your purchase(s) made with Licensecart can be paid monthly or yearly for leased licenses, or you can pay a "one off" payment for owned licenses. Payments must be made by one of our supported payment methods which are 'PayPal', 'BitPay', 'Stripe', 'GoCardless' or 'Bank Transfer (Wire Transfer)', within 12 hours of making the order, orders not paid are automatically cancelled. All licenses are charged on a pro-rota payment cycle, which is billed on the 1st of every month.
If you make payments by credit / debit card you can set-up an auto-debit, this means we will attempt to take the payment from your account 4 days before the invoice is due, you can enable or disable this in your client area under the "Payment Accounts" menu. If you can't pay on the 1st for any reason please contact our Billing & Licensing department in advanced to work out a reasonable payment plan.
All payments are sent to Licensecart. Any customer withdrawing payments via bank or another Payment Gateway (referred to as "chargeback") or a dispute, Licensecart has full permission to cancel the license and suspend the customer's account, a fine of $15 will be required to un-suspend the account.
Failure to make payments on or before the renewal date will result in a late fee of 15% of the invoice total added to your invoice. You are however given three working days cooling off period, if the full payment has not been received on the third day Licensecart reserves the right to cancel or suspend any and all services without further notice. If you are having difficulties making a payment you agree to contact our Billing and Licensing team to work out a payment date, failture to contact us means we can refuse payment support in the future.
All our products suppliers offer a free trial, so clients can try the software before they purchase it to ensure they are happy therefore we don't offer a refund, however if the monthly service hasn't been activated you can get a refund. All set-up fees & fees charged on a prepay basis are non-refundable. Services paid with account credit provided by Licensecart for any reason won't be refunded.
This means One time licenses won't be liable to be refunded. All our product's suppliers offer a free trial and we recommend all buyers try the software before you purchase it to ensure you are happy with it. If you have used a trial, we recommend you use the monthly licenses if you need more time to try out our high quality licenses.
Account credit is money on your account which can be used for paying your invoices. Please note when you add credit to your account it's non transferable and non refundable. If you make a double payment weeks or months before claiming a refund, the funds will stay as Account credit.
You can cancel your service(s) with Licensecart at any time during your contract with Licensecart however, customers are required to give Licensecart seven (7) days notice to cancel your service else your contract shall automatically be renewed. To place a cancellation request, you can do so by clicking "Manage" on your service row and then clicking on the "Cancel Options" button. We recommend you submit a cancellation ticket to the Licensecart's Cancellation Team for confirmation. Licensecart reserves the right to cancel your service(s) if you break our terms and conditions and no refund will be given.
Licensecart uses the Pro-Rota payment system which means all services are renewed on the 1st of the month, however if you place an order before the cut off date (3rd) and cancel it before the 1st, and then re-order it before the next cut off date more than once, we class this as cheating the system to pay a cheaper price, and you agree that we have permission to cancel your account and refuse future offers, if you do continue to cancel and re-order any product with us.
Licensecart cannot give any guarantee on a set-up date for licenses as a few licenses need to be manually processed, and the license provider's may have issues on their side which are out of Licensecart's hands. However most licenses are set-up within 2-12 hours (minus weekends). We are working hard on creating Blesta modules to ensure our licenses can be set-up automatically. Please note our cron jobs run every 5 minutes so please allow that for your license to be issued.
Licensecart includes a free Softaculous with InterWorx licenses, these must be assigned to your InterWorx IP Address, if you fail to meet this requirement you agree that we can cancel the license and refuse you any freebies in the future. You must ensure you order the right freebie as-well if you have a VPS license you need to select the VPS Softaculous, if you have a dedicated server you can use the Dedicated Softaculous. Licensecart also offers a half price Kernelcare license for use on your InterWorx server (This must match your Interworx IP, else we can charge you the full price).
Licensecart offers certain services to customers for our products from Importing from another billing system, to Integration and updates, these are non-refundable.
By placing a order with Licensecart, you agree that your customer information is correct at all times, this includes your full name, address, email address and contact number. You also agree to keep Licensecart informed of any changes of personal details. Licensecart will not be held responsible for any loss of communication due to the customer not providing accurate contact details. Failure to provide Licensecart valid information you agree that we have the right to refuse you service and that we can suspend and close your account.
To make our customer's worry free about making payments, we allow you to create a Subscription with our payment gateways. These will automatically pay the invoices for you if you have the money in the account. You are responsible for managing your own Subscriptions and Licensecart will not be held responsible for any errors made. Refunds are not granted if you fail to cancel your subscription, However if you double pay, you will be given the additional payment as an account credit.
All LiteSpeed licenses are suspended a day after being due, and terminated on the second day after no payment. This is due to the licensing system with LiteSpeed Technologies, and therefore we have to pass this on-to our customers. If you are having issues making a payment please inform us in advanced.
We take fraud very seriously, when you place a order MaxMind checks all your information (IP, Proxies, Free email address, Postcode, etc) and gives it a score, if it's got a high score it will be set to manual provison, that means our billling team will need to check it and process it. If needed we will ask for a copy of your driving license or passport for verification. Save five percent off for life for reading the terms using "tosfive" when checking out.
When you make a payment which is not normal (different PayPal account, credit card under another name, etc), your service will be suspended and given a refund. If you wish to use another card or PayPal account please contact our Billing team, and we will send a email to the email address, or if it's a card a scanned copy to verify it. If your account is classed as a High risk for Fraud, your account will be closed (Inactive).
Our support team are highly trained in providing support for the products we sell however when we are providing support you agree that you will hold Licensecart or a third party (License Vendor) harmless for any loss of data, or other issues after our support. Licensecart provides support during opening hours Monday - Friday 9am until 5pm GMT. Support will not be available during the holidays where Licensecart will be closed. You can find our 2016 holidays here.
Customer agrees that it shall defend, indemnify, save and hold Licensecart harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Licensecart, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless Licensecart against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Licensecart's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Licensecart's server.
At Licensecart we have a 3 strike system in place to ensure our customers follow our terms and conditions. When you receive 3 strikes your account will automatically be marked as inactive and therefore no longer able to login or place orders. If you are banned via our strike system and you re-create new accounts you will be breaking the terms and conditions again and will be banned permanently. If you have 1 or 2 strikes for any reasons below, keeping your account in good standing order will reduce the strikes. As of 2016 Strikes are on your account internally, if you would like to find out if you have any strikes on your account, you can contact our billing team and enquire.
Strikes are added for various reasons and we've listed a few below:
- No Cancellation request and non payment.
- Breaking our terms and conditions.
Licensecart gives our customers permission to re-sell licenses to their customers, however you will be liable for their support and if you can't solve the issue you can contact us to help. You are responsible for the invoices on your account and therefore if your client cancels and you don't cancel the invoice in advanced with us, you are still liable to pay the invoice with us. Licensecart has plans to create a Blesta Plugin so you can resell our licenses with ease we hope to have that before 2017.
Under no circumstances, shall Licensecart or Third Party be liable for any damages your business may suffer. Licensecart doesn't provide or has any warranties of any kind, expressed or implied for service(s) we provide our customers. Licensecart disclaims any warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, non-deliveries, wrong delivery, wrong re-issues and any and all service interruptions caused by Licensecart and it's employees. Licensecart may revise these Terms and Conditions at any time by amending them and posting an upto date copy on the Licensecart website.
All logos and trademarks used on our website are the property of their respected owners.