In this Agreement the following words and expressions shall have the following meanings:
"Client Area" is the online portal that the Client may access at www.whmcsnow.com;
"Our", "We", "Us", "Provider", "WHMCSnow", "the company" refer to WHMCSnow;
"Service/s" refer to the services or equipment provided by WHMCSnow;
"User/s", "Clients" "Customer/s", "Consumer/s", "You", "Your", refer to the person who has agreed to be bound by these Terms and Conditions of Service, or in the case of a person under 18 years of age, his or her legal parent, or guardian;
These terms and conditions of service constitute the agreement between the user, or customer, and WHMCSnow. These terms and conditions of service also constitute the agreement between the user, or customer, and WHMCSnow, where a user or customer is renewing an agreement.
WHMCSnow and its users and customers shall be governed by the laws of England and any actions will be under the exclusive jurisdiction of the English courts.
Users and customers may also be subject to additional terms and conditions that may apply when using any third party services as part of the service offered by the company.
WHMCSnow reserves the right to alter, amend, improve or correct these terms and conditions at any time without notice. Any alteration or amendment will take effect with regard to the agreement made between an existing individual user, or customer, on the renewal date of that agreement.
The WHMCSnow Software is supplied by WHMCSnow, and is licensed, not sold, under the terms of the EULA.
WHMCSnow reserves all rights not expressly granted to you and WHMCSnow retains the ownership of the Software.
License holders are not permitted to "borrow", "lend" or "sell" licenses to any third parties, any licenses found to be being used in this way will be revoked without recourse.
WHMCSnow reserve the right to refuse service at their discretion.
End User License Agreement
The EULA Agreement is included in the WHMCSnow download packages. By installing, copying, or otherwise using WHMCSnow services, you agree to be bound by the terms of the EULA.
Renewals & Payments
Payments are accepted via both PayPal and Credit Card.
Leased licenses automatically renew until cancelled. Payment is due on the anniversary of the date of signup each month. If payment is not received by the due date, WHMCSnow 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.
For services, payments are due in advance of any work commencing. For larger custom development services, payments may be split into multiple payments, commonly consisting of a 50% deposit prior to any work commencing, and the remainder upon completion, however this option will only be offered at WHMCSnow's discretion.
Should we receive a chargeback or disputed payment, all services will be revoked until any disputed amounts have been repaid, plus any fees incurred which are typically £20 per chargeback.
All licenses are issued instantly upon receipt of payment. Should your payment turn out to be fraudulent, the license will be suspended and you will be expected to repay the amount and any fees incurred.
Our professional setup & installation services usually take between 24 & 48 hours to complete, but this is not a guaranteed turnaround time, and at peak times such as new releases, they will often take longer.
WHMCSnow offers a free trial to companies without the need of registration. The length of these trials may vary between the different services we provide.
The trial period begins immediately upon account activation. Upon activation, unique details referring to the WHMCS installation are recorded for the use of limiting trials and notifications of their trial's expiration.
In order to continue using the services after the trial period, you will be asked to subscribe to one of our subscription plans. You have the option of paying monthly, quarterly, semi-annually, annually or purchasing an Owned License.
Cancellations & Refunds Policy
WHMCSnow charges and collects in advance for use of our service. All services rendered are non-refundable.
Once a customer selects a subscription plan and provides billing information during or after the free trial you will continue to be billed until officially cancelled in writing or an outstanding invoice has remained unpaid for more than 30 days.
Customers can cancel anytime within the Client Area and will receive an email from WHMCSnow confirming that their subscription to the service has been cancelled.
Any monies paid for leased license renewals prior to a cancellation request being submitted are non-refundable. The same applies to any services, where once the service has been started, any fees paid also become non-refundable.
WHMCSnow reserves the right to cancel service and access to the service at any time. If a customer breaks the terms of the WHMCSnow EULA or Terms of Service, a refund will not be available.
Refunds are only issued for software failure. Refunds are not issued for server failure/issues, lack of features or if your server does not meet the Software Requirements.
Refunds are determined on individual circumstances and only issued once our technical staff determines that WHMCSnow has a fault causing it to not run on your server.
A trial period can be activated for each service before paying to ensure the software meets your requirements and functions correctly.
Installation charges are not refundable under any circumstances. Refunds are not available after 1 month from the purchase date.
Users shall provide full, complete, accurate and truthful information on registration.
It is the Client's responsibility to maintain and to enter a contact email address, postal address and telephone number for the Client on the Client Area, and to ensure such contact details are current and up to date at all times.
Customers under the age of 18 must obtain the express permission of their legal parent, or guardian after informing such person that they will be subject to these terms and conditions of service, prior to agreement.
It will be understood by the company that the parent, or guardian, of any customer under the age of 18 will be legally liable in any matters arising out of a user breach of any of these terms and conditions of service.
If we consider that any information supplied by the user is false, or misleading, where applicable, WHMCSnow reserves the right to terminate all services to the user without notice or refund.
We reserve the right to use your details to send promotional and service update emails.
Refusal or Termination of Service
WHMCSnow reserves the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any Client for any reason not prohibited by law.
Any deliberate attempt to cause damage to WHMCSnow or any other Internet servers may result in immediate account deactivation without prior notice. No refund will be offered in this case.
If an invoice is left unpaid for more than 30 days without any contact from yourself we may assume you no longer want to continue your service with us and we may cancel the service without prior notification.
Indemnity and Limitation of Liability
You agree to indemnify and hold WHMCSnow and its affiliates, officers, agents and other partners, and employees, harmless from any claim or demand, including legal fees, made by any third party due to, or arising out of, content you submit, post or transmit through the service, your use of the service, your connection to the service, your violation of the terms and conditions of service, or your violation of any rights of another.
You agree that WHMCSnow shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from; the use or the inability to use the service, the cost of procurement of substitute goods or services, unauthorised access to or alteration of your transmissions or data, conduct of any third party on the service, any other matter relating to the service.
You acknowledge and agree that your use of the service is at your sole risk, where the service is provided on an "as is" and "as available" basis.
You acknowledge and agree that the company makes no warranty or representation that the service will meet your requirements or the service will be uninterrupted, timely, secure, or error free.
You acknowledge and agree that the company makes no warranty or representation that the quality of any products, services or information, or any other material purchased, or obtained by you through the service will meet your expectations. You acknowledge and agree that any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from you downloading or obtaining any such material.
You acknowledge and agree that no advice or information, whether oral or written, obtained by you from the company, its officers, agents, partners, or employees, or from the service shall create any warranty or other obligation not expressly stated in the terms and conditions of service.
WHMCSnow shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf.
Terms of Service Acceptance
When placing an order and being presented with the T&C of Service, by selecting 'I Agree to the Terms and Conditions' you are acknowledging that you have both read and agreed to all of the above, if you do not agree with the T&C of Service you must click 'back'.