Terms Of Service

Shop-Script is a registered trademark of WebAsyst LLC, a privately owned international company.

Definitions

The term "WebAsyst" when used in this document means WebAsyst LLC.

The terms “website” and "site" refer to www.shop-script.com website.

The term “Software” refers to all available Shop-Script shopping cart software packages. All currently available packages are presented at the following link - http://www.shop-script.com/products.html.

The terms "User" when used in these Terms of Service means any user of this website and/or Software.

Agreement

By accessing this website, User agrees to these Terms of Service. If User disagrees with these Terms of Service, User should exit this website and/or stop using the Software.

These Terms of Service may be changed by WebAsyst from time to time without specific notice to User. The latest Terms of Service will be posted on the website.

Description of Service

WebAsyst provides a collection of Shop-Script PHP open source shopping cart software applications. Unless explicitly stated otherwise, any new applications or new features that upgrade or enhance the Software, shall be subject to the Terms of Service.

Licensing

Software is provided on terms and conditions of product license agreements (http://www.shop-script.com/license.html).

Support Policy

Support services are provided by WebAsyst Support Team.

WebAsyst offers free online support. This includes free online help and free email support on questions regarding installation and deployment of the Software.
WebAsyst does not provide free support on questions related to modifications of PHP source code, HTML templates and/or functionality of neither Shop-Script nor any third-party software applications.

Support requests should be sent via support form on the website or emailed to support@shop-script.com email address. Requests sent to other email address(es) will not be processed by WebAsyst Support Team.
Support requests related to commercial versions of the Software (Shop-Script PRO and Shop-Script PREMIUM) - excluding "pre sale" questions - are processed only when order ID (license number) is given in support email message text and/or subject.

WebAsyst will make reasonable efforts to provide a qualified and efficient reply to each support request within several hours. However WebAsyst does not warrant that support requests will be processed within a fixed term of time. User should understand that some support requests require investigation of experienced personnel (e.g. programmers, administrators, billing department managers) and processing time may take up to several days.

Fees

All fees are payable in US dollars. All transmission fees, currency translation fees, wire and bank fees chargeable by or deducted from remittances by any bank, including the transmitting, intermediary or recipient bank are the responsibility of the remitting party (customer). Merchant fees charged by Credit Card Companies and by PayPal assessed to WebAsyst, will be absorbed by WebAsyst and are expressly not the responsibility of the remitting party.

Software pricing schedule can be accessed at the following link http://www.shop-script.com/shopping-cart-pricing.html. Fee amounts are subject to change at any time, at sole discretion of WebAsyst.

Software Delivery

Software is delivered to User by Internet only (e.g. can be downloaded from this website or emailed to User). WebAsyst does not provide Software delivery on any type of hard media (e.g. CD).

Shop-Script PRO and Shop-Script PREMIUM software packages are delivered to User after his/her payment is authorized, verified, and cleared to WebAsyst bank account. Download of Software is not automatic after user completes online purchase by any of payment options (including credit card, PayPal). The company delivers software to user as soon as manual anti-fraud verification process is complete. WebAsyst will make reasonable efforts to complete verification process in a short period of time (on average - from several minutes to several hours); however, actual verification depends upon billing information provided, and can take up to several days.

Security

Software packages operating with sensitive data (e.g. credit card information) provide features for secure sensitive data storage (e.g. sensitive data is stored in encrypted way) and secure data transmission (e.g. compatibility with SSL). WebAsyst employs best practices to prevent unauthorized transfer of any such sensitive data to third parties. However, WebAsyst does not warrant that data will be stored and transported without unauthorized interception or compromised by unauthorized third parties (e.g. hackers). WebAsyst shall not be liable for any access to sensitive data by third parties.

Upgrade policy

Upgrades are any modifications in Software, e.g. source code content, database structure, or interface appearance.

WebAsyst is continually improving and enhancing Software, based on customers feedback and market demand. New versions of the Software are released from time to time at WebAsyst’s discretion.

However, new applications (new Software packages) developed and released by WebAsyst are not considered Software upgrades. Any Software modifications, e.g. adding new features, removing or redesigning existing features, or making interface changes are completely at WebAsyst’s discretion.

Registered customers who purchased Shop-Script PRO (PREMIUM) package(s) receive all upgrades of Shop-Script PRO (PREMIUM) for free. Upgrades are provided as updated basic Software archives (basic application versions).

Users may have made custom modifications to their copies of the source code. In this case WebAsyst expressly disclaims all warranties and shall not be liable for any incompatibility problems of the source code previously obtained by such customers with upgraded version of source code.

Refund Policy

WebAsyst offers non-tangible irrevocable products, this is why Refund Policy is conditional, and refunds are allowed only if purchased product is not as described, namely:

• if the product you have purchased does not have features and functionality as described at www.shop-script.com website, and
• after we have determined that these features could not be implemented with the software (to avoid any such situation or misunderstanding, please refer to "Help Center" and Software User Guides at www.shop-script.com website and/or contact us to make sure that we can indeed provide the services that you desire).

Customer's inability to use purchased product(s) due to lack of required skills does not require us to provide a refund, including, but not limited to, the following circumstances:

• inability to use Software administrative tools due to lack of web browser usage skills;
• inability to change Shop-Script look & feel (redesign templates) due to lack of HTML knowledge and/or HTML editor usage skills;
• inability to PHP source files customization due to lack of PHP/MySQL/Smarty programming experience.

We provide refunds for customers of Software who pay by credit card or PayPal within 30 days after purchase.
Refunds after 30-days period is expired is not available. Refund is not available for check and wire bank transfer payments.

No repeated refunds are available.

Refunds for custom services (e.g. installation services, custom programming services) are not available.

Refund is processed within 7 (seven) business days after you post a request for refund.
All bank transfer commissions are paid by customer. WebAsyst is not responsible for reimbursement of any bank charges to customer.

DISCLAIMER OF WARRANTIES

USER EXPRESSLY UNDERSTANDS AND AGREES THAT:

1. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM WEBASYST OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

LIMITATION OF LIABILITY

USER EXPRESSLY UNDERSTANDS AND AGREES THAT WEBASYST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBASYST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OF DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.