This Terms of Service (the "Agreement") is a legally binding contract between Panellicense.com (the "Company") and you (the "Customer") that shall govern the purchase and use, in any manner, of services provided by the Company to the Customer (collectively, the "Services").
By purchasing or using the Services in any manner, the Customer represents that he has read, understand, and agrees to all terms and conditions set forth in the Agreement, and that he is at least eighteen (18) years old and has the legal ability to engage in a contract. If the Customer does not accept the Agreement and all terms and conditions set forth within, he should not purchase or use, in any manner, Services from the Company or, if he has already purchased Services, he should contact the Company immediately to terminate the Agreement. It is further understood that the Agreement is subject to change from time-to-time, in whole or in part, without prior notice.
1. Term of Agreement
The Agreement becomes effective immediately upon submission of an order by the Customer for a period of time as specified on the original order form (the "Billing Term"). Following the expiration of any Billing Term, the Agreement shall automatically renew for an equivalent period of time unless terminated by either party as outlined below.
2. Payment and Fees
All fees are billed in United States Dollars ("USD") and are subject to change at any time with thirty (30) days prior notice to the Customer. The Company will automatically generate an invoice on the Customer's account approximately seven (7) days prior to the expiration of the Billing Term. If paying via PayPal, the Customer agrees to submit full payment on or before the due date listed on the invoice. If paying via Credit Card, the Company will automatically bill the Customer's credit card on the invoice due date. The Customer agrees to pay credit card charges in accordance with his cardholder agreement. Any invoice not paid by the due date may result in service suspension or termination at any time without warning. The Customer agrees to pay a "Late Fee" of $15.00 USD for any account that is suspended or terminated due to non-payment. The Company is not responsible for any damages or losses (including, but not limited to, loss of profit and loss of data) resulting from such suspension or termination as a result of Customer's failure to keep account current.
3. Refund Policy
The Company offers a thirty (30) day money back guarantee on service problems which effects business of client, caused by Panellicense.com. No refunds are offered on software licences, outsourced support, or one-time service accounts. Refunds are not offered for accounts that are suspended or terminated for violating the Agreement. Refunds are only available for new accounts. If the Customer previously had Services with the Company, whether or not a refund was received, the Customer would not be eligible for a refund. The Company reserves the right to refuse a refund at any time and for any reason. Refunds will be issued only to the account that payment was originally received from. The Company does not issue refunds via check, alternate credit cards, or other payment methods. In any event, no refunds are offered after the first thirty (30) days of Service.
4. Collections Agency
Any account that remains unpaid after forty-five (45) days will be submitted to an outside collections agency which will result in negative information being placed on your credit record. The Customer agrees to pay a "Collections Fee" of $30.00 in the event that his account is submitted to an outside agency for collections. If further civil or criminal actions are deemed necessary to collect a debt, the Customer agrees to pay all associated costs including court costs and reasonable attorney's fees.
5. Disputes, Chargebacks, and Retrievals
All disputes and overcharges must be reported directly to the Company within thirty (30) days. Any Customer that initiates a chargeback, reversal, retrieval request, or other dispute with their card issuing bank ("Dispute") will be immediately suspended or terminated pending investigation. If, at the Company's sole discretion, the charge is valid under the provisions of the Agreement, the Customer agrees to pay a "Chargeback Research Fee" of $150.00 per Dispute.
6. Cancellation of Services
The Customer may cancel service by completing the Cancellation Form at https://www.panellicense.com/clientarea.php at service details page, no later than the last day of the Billing Term. Cancellation requests will NOT be accepted via ticket, email, phone, instant messenger, live chat, or otherwise. The only way to cancel your account is by completing the Cancellation Form. If cancellation notice is not received within the required timeframe, the Customer will be billed for the next Billing Term and responsible for payment as set forth in Section 2 of the Agreement.
7. Suspension or Termination of Services
The Company reserves the right to suspend or terminate the Agreement and all associated Services at any time without notice and for any reason including, but not limited to, breach of any provision of the Agreement. The Company is not responsible for any damages or losses (including, but not limited to, loss of profit and loss of data) resulting from such suspension or termination.
8. Support Policy
The Company agrees to provide technical support to the Customer. Support will be limited to the Company's primary area of expertise. (on cPanel Licences, support is limited with software related issues)The Customer understands that the Company does not provide support for 3rd party software (including those provided in Fantastico), coding or programming issues, building websites, etc. The final decision as to what is or is not covered by this Agreement is at the Company's sole discretion. All official support requests must be entered via support ticket at https://www.panellicense.com/submitticket.php and include all relevant logins and information pertinent to the Customer. No support requests are accepted via live chat, instant messenger, telephone, or email, as these avenues are for pre-sales questions only.
9. Support Abuse
If the Customer directs any foul language, threats, or abuse in any form towards the Company or its staff, the Company reserves the right to terminate this Agreement and all associated Services without notice and without refund.
10. No Warranty
Customer expressly agrees that use of Company's Services is at the Customer's sole risk. Neither Panellicense.com, its employees, agents, resellers,third party information providers, merchants licensers or the like, warrant that the Company's Services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the Services or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this Agreement. Customer also acknowledges and accepts that any damages will be limited to no more than 100% of the previous month's invoice.
11. Limitation of Liability
Under no circumstances, including negligence, shall Panellicense.com, its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Panellicense.com records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all contents on all servers.
12. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Panellicense.com harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees ("Liabilities"), asserted against the Company, its agents, its customers, servants officers and employees, that may arise or result from any Services provided, or performed, or agreed to be performed; or any product sold by the Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Panellicense.com against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which customer sold on Panellicense.com servers.
13. Governing Law and Disputes
The Agreement shall be governed by the laws of the Netherlands. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of or relating to the Agreement shall be the courts in Amsterdam, the Netherlands and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
14. Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The Company and the Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
15. Transfer of Rights
The Customer may not, under any circumstances, transfer this Agreement to any other party without prior written consent of the Company. The Company reserves the right to levy a fee prior to any such transfer. The Company further reserves the right to deny any transfer.
16. Updates to the Agreement
The Company may modify, in whole or in part, this Agreement by providing you written notice of such change. Notices of changes to this Agreement will be announced via email to the email address on record for the Customer. Any updated Agreement shall take effect immediately upon the Company notifying the Customer of changes via email.
