Terms & Conditions

Please read the following carefully before placing any order.

Terms of Services - Store

Upon purchasing our products PhpFoxer.com grants you a non-exclusive and limited license to use the purchased product in accordance with the following Terms of Use.

Therefore, by purchasing our products, you agree to:

Use every purchased product for one website at the same time only. If you plan to use it for more than one website at the same time, you will need to buy extra licenses for every product. Feel free to contact us for possible volume discounts.
You are not allowed to resell, redistribute, sub-license, or transfer to anyone else our products.
You may not claim intellectual and/or exclusive ownership to any of our products. You may, however, claim intellectual and/or exclusive ownership for those parts of the code/design created by you.
You may not ask for a refund after the product has been downloaded (actually appear in your download area). Unless, for some reason, the product does not work as indicated in its description and we can not fix that.
Client can make changes to the code of the product. If such changes applied phpFoxer (in store represented as Foxer) is not responsible for the product anymore. After the changes to the code were made by the client or third party any refunds can not be issued.

In order of iPhone and Android native apps, refund is possible only before we actually start working on customizing apps to fit your website. We will make refund only if our app does not work as indicated in its description with your version of PhpFox core and we can not fix reported issues.

Our products are provided 'as is', without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses a rising out of the use of or inability to use our products.

Please make sure that you have read carefully the compatibility information before purchasing products in order to make sure they are compatible with your PhpFox installation.

Terms of Services - Custom Works

In order to start the project the client must provide us with all required information and specifications which include website address, ftp access or ssh, complete written description of works to fulfill, advance payment as agreed.

During our work on the project the client agrees not to implement any changes to the site by outside developers or by themselves if the contrary was not discussed separately.

All works are performed and approved at our test server and transferred to the client’s server only after final payment.

Money refund to the client is possible if we cannot present the working product in accordance with initial requirements.

All negotiated terms are the terms of presentation of the first working version corresponding to initial requirements. All proof readings, revisions, etc, no matter we do them for free or for additional money, may take longer time.

If the client finds a mistake and this mistake was caused by our revisions in the code we will do our best to correct it.

Terms of Services - Using Website

Membership

You need not be a member of PhpFoxer.com (Site) to access the Site or use the content or services. However, access to some areas of the Site and some content and services may also be restricted to members only.

On becoming a member, you will be required to enter into a separate Membership Agreement.

Proprietary Rights

Your use of the Site does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Site.

You may download a single copy of any content contained on the Site, solely for your personal, non-commercial use, consistent with these terms of use, provided that you maintain the copyright and other notices contained in that content. This excludes products available for sale/licensing on the Site.

If you make other use of the Site, or the Products, content, code, data or materials on the Site or available through the Site, except as otherwise provided above, you will violate copyright and other laws of Ukraine, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Copyright Agent

We respect the intellectual property rights of others, and require that those people who use the Site, or the services or features made available on or through the Site, do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Site:
your address, telephone number, and email address;
a description of where the alleged infringing material is located;
a description of the copyrighted work that you claim has been infringed;
and a statement by you, that you warrant that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

Changes to Terms of and Conditions

Site may, at its sole discretion, revise or change these Terms and Conditions (in whole or in part) from time to time and at any time without notice to you.

Changes in the Terms and Conditions will be effective when posted by us on the Site.

Your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

User Information

In the course of your use of the Site and/or the content or services made available on, or through, the Site, you may be asked to provide certain personalized information to us (User Information). Site’s information collection and use policies with respect to the privacy of such User Information are set out in the Site’s Privacy Policy.

You are solely responsible for the accuracy and content of User Information.

Linking to the Site

You agree that if you include a link from any other web site to the Site, such link must link to the full version of an HTML formatted page of the Site.

You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.

You agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another web site.

You agree not to link from any other web site to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.

We reserve our right to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.

Third Party Site.

You may be able to move from the Site to third party web Site (Linked Site).

You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Site, even if they are owned or run by affiliates of ours.

The inclusion of any link to such web Site on our Site does not imply Site’s endorsement, sponsorship, or recommendation of that web site.

Site disclaims any liability for links to another web site.

Disclaimer

The Trade Practices Act and similar state and territory legislation in Ukraine may confer rights and remedies on you in relation to the provision goods or services on the Site which cannot be excluded, restricted or modified by Site (Non-excludable Rights).

Site does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:
all content and services on the Site is provided “as is” and without warranties of any kind, either express or implied;
Site and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
Site does not warrant that the functions contained in any content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits content to you are free of viruses or any other harmful components;
Site does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked web Site) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of Site) will Site or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site or the content.

To the fullest extent permitted by law, Site’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Site to the following:
in the case of services supplied or offered by Site:
the supply of the services again;
the payment of the cost of having services supplied again;
and in the case of goods supplied or offered by us:
the replacement of the goods or the supply of equivalent goods;
or the payment of the cost of replacing the goods or acquiring equivalent goods.

Applicable Laws

We control and operate the Site from our offices in Ukraine in accordance with the laws of Ukraine. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.