Term of Service
We will provide you with access to the Website in accordance with these Conditions.
2. YOUR OBLIGATIONS
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
3.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.
4. OUR RIGHTS
4.1 We reserve the right to
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
4.1.2 Change these Conditions from time to time and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
4.3 Suspended any client that giving us bad review or poster bad stuff in the forums.
5. THIRD PARTY LINKS
In an attempt to provide increased value to our Users; we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
7. SUPPORT DATA
In order to provide the Services to you, WHMCS Services may collect information from you including but not limited to: (a) IP addresses, usernames and passwords necessary to login to WHMCS, FTP, cPanel and the Licensed Product root directory; (b) the usernames and passwords necessary to login into any affected accounts including FTP accounts, cPanel accounts, MySQL accounts and other accounts; and (c) other information that you voluntarily supply or that WHMCS Services requests in order to resolve your Incident ((a) through (c) collectively, "Support Data"). WHMCS Services will use commercially reasonable efforts to preserve the security of the Support Data by using reasonable physical and electronic security measures (except to the extent WHMCS Services is required or permitted to disclose, access or use such information by Applicable Law), but WHMCS Services cannot guarantee the security of such data. To the extent that Applicable Law requires that you obtain any consents, permissions or licenses from third parties (including Third Party Users) or to give any notices or disclaimers to third parties (including Third Party Users) prior your disclosure of Support Data to WHMCS Services, you agree to comply with such Applicable Laws prior your disclosure of Support Data to WHMCS Services.
8. LIMITATION OF LIABILITY
8.1 WHILE WE WILL USE REASONABLE ENDEAVOUR'S TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
8.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
8.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
8.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under United States law.
8.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
8.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hypertext link.
8.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
8.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
8.7.2 any loss of goodwill or reputation; or
8.7.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
8.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
9. ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
10. LICENSE TRANSFER POLICY
We allow owned licenses bought directly from us to be sold and transferred between people. Licenses obtained through a reseller cannot be resold. Before any sale or transfer, the seller should contact us to notify us of the sale. Once a buyer has been found, both the buyer and seller should contact us to arrange the transfer and payment of the $20 transfer fee. A license can only be resold once. Addons may be transferred between licenses within your own client account but not resold or transferred to other clients. Source code cannot be sales once it is bought
11. SIGNUP POLICY
When signing up an account with us you are requested to provide personal data. User accounts are unique and we do not allow multiple accounts for the same Customer and/or Company.
Opening an Account
Accounts are unique. We do not allow more than 1 account per Company or Customer
We do not allow incomplete or fake accounts
All fields are required and accurate details must be provided, including phone number and address
The First and Last Name fields have to be filled out correctly with your complete Name and Last Name.
The signup Email has to be valid and active from your Top Level Domain (yourdomain.com).
We do not allow signup through an open proxy, anonymous proxy or VPN connections.
Please be advised that violation of this policy will result deleting the pending order and closing the account without notice. We reserve the right to request domain ownership verification.
Closing an account
Accounts will be closed under the following circumstances automatically:
Accounts without active products/services or without active affiliation older than 12 months without activity Violation of any of the policies present in our Terms of Service.
12. REFUND POLICY
Unfortunately, because of the nature of our products and because we can NOT ensure that you will not erase our software or templates from your computer, we can NOT issue any refunds after a purchase has been made. If the product has not been delivered yet then we will issue a refund. NO exceptions!. More Information about our Refund policy click here
13. CREDIT POLICY
If we issue a credit to you for any reason, that credit will last for one year from date of issue. After one year, if credit is not used it will be removed from your account and will not show.
You can use the credit towards any product/services you like within that one year period.
14. MAILING POLICY
All Customers are automatically subscribed to our announcements when registered. We send out regular announcements and news regarding our products and services such as new releases as well as important updates and features.
You may choose to stop receiving our announcements and marketing mailings. You can activate the option "Newsletter Opt-out" from our Client Area >>My Details.
Customers may occasionally receive information on products, services, and special deals from WHMCS Services Service or may receive informational newsletters. Customers are given the opportunity to 'opt-out' of having information used for purposes not directly related to the WHMCS Services Service at the point where the information is requested. Customers may also elect not to receive additional promotional communications using the opt-out link provided in each promotional email. Customers may not opt-out of receiving service announcement updates as they contain important security information about the services.
Remember to notify us if you are planning to change your email so that we can update your account.
We reserve the right to cancel/Suspender your account if your email is not working any longer.
You are NOT allowed to use free email accounts like Gmail, Hotmail, Outlook, Yahoo, etc.
To signup, your Email must be valid, active, and from your top-level Domain (yourdomain.com).
You are responsible to add my emails from noreply (at) whmcsservices.com to your valid email list so you can receive my emails without interruption.
15. INSTALLATION/SETUP POLICY
Installation doesn't include any customization or modifications of the item, however, we can customize/modify for an additional fee.
The Conditions will be exclusively governed by and construed in accordance with the laws of United States whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions
The WHMCS Services website and Products contain references to many companies that the WHMCS Services Products is integrated with for payments & other related services. WHMCS Services and the WHMCS Services logo are trademarks of tpkshield.net. All rights reserved. All other trademarks are the property of their respective owners. WHMCS is a trademark belonging to WHMCS Limited.
18. CHANGE TO THE POLICY
Please read carefully:
Unfortunately, because of the nature of our products and because we can NOT ensure that you will not erase our software or templates from your computer, we can NOT issue any refunds after a purchase has been made. If the product has not been delivered yet then we will issue a refund. NO exceptions!
Please make sure you read carefully the product features and capabilities and if you still have questions, please do not hesitate to direct them to us before purchasing product.
We are a small company and we strive to deliver the best. As a small company, you can make sure that your purchase will go towards the continued development of our products.
In some very special instances, we may be able to issue a credit towards any of our other products. As we grow we might be able to improve this policy anytime.
Refunds, Upgrades, Renewals, and Support
Because of the digital nature of our product, we do not provide refunds. Please evaluate the demos on our site and address any issues before purchasing.
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 software has a fault causing it to not run on your server, refunds are not issued after 5 days from the purchase date even if the software has a fault.
Renewals support/update are not refunded
Should we receive a chargeback or disputed payment, all services will be revoked until any disputed amounts have been repaid.
Any chargeback you attempt to make via PayPal or other payment gateways will be argued strenuously by us with reference to these terms and conditions of sale. Any dispute in PayPal or any other payment gateway will result in your account terminated or suspender including license no question. You must ensure you fully read our terms as well as the website description of any files you purchase, as no refunds will be available unless the product you purchased is significantly different from what is described by us on this website.
Installation & Configuration Policy
Installation, Configuration, Migration or Upgrade doesn't include any customization or modifications of the script, however, we will customize the script into your site layout for an additional fee.
- We do not offer refunds on Installation, Migration, and Update. If we are not able to install the script you chose on your server, be it because of your server or because of the script. Please make sure that your server has Perl modules, PHP and MySQL (if applicable) before requesting our services though, this will make things easier for everyone. We will not install Perl/PHP/MySQL modules as these are under the domain of your ISP/host
- Installation charges are not refundable under any circumstances.
- Credit Deposits are non-refundable
Installation doesn't include any customization or modifications of the item, however, we can customize/modify for an additional fee.
TPK Shield reserves the right to cancel service and access to the service at any time. If a customer breaks the terms of the TPK Shield EULA or Terms of Service, a refund will not be available.