Terms & Conditions

Version 3

Effective from 01/11/2015

Definitions

Us/We: Refers to Canalside Digital Ltd, which is the company behind Event Organiser and its extensions, and that operates of https://wp-event-organiser.com. You can view seller details at bottom of this page.

Item / product: Any WordPress plug-in or theme delivered to you as part of a purchase. Where a purchase includes multiple items (e.g. Event Organiser Pro Business and Developer license packages), this refers to any item included in that package.

Client site: A website not directly owned by the customer, but for which the customer is responsible for maintaining in a developer capacity.

Terms & Conditions

1. Licensing

Event Organiser and all other items are licensed under the GNU General Public License (http://www.gnu.org/licenses/gpl.html). Accordingly the source code is not encrypted or obscurificated, and there is no DRM. This may not include all images included with those items, where this is the case this shall be stated in the item’s readme.

2. Description of goods

All items sold by us are WordPress plug-ins. A WordPress plug-in is a (computer) directory which may contain (but is not limited to) .php, .js, .html and .css files, as well as other assets (images, videos, audio files), which is to be uploaded to the wp-content/plugins directory of a WordPress install, with the express intention of modifying the behaviour of that install to perform some function.

The function(s) which an item is intended to perform are listed on the product’s page. Where appropriate, license options (Personal, Business, Developer) do not materially affect the nature of the item to be delivered, but instead the nature of after-sale support provided to you (See sections 8. Updates and 9. Support). Some licences will bundle, for free, other items which are otherwise available for independent purchase. In these instances, each item is delivered (available for download) and is to be installed independently.

3. Minimum Requirements

All purchased items, unless explicitly stated otherwise on the item’s page, require you have the following

  • PHP 5.2.4 or higher
  • MYSQL 5
  • A working WordPress install (3.8 or higher). This does not include sites you have created through WordPress.com’s hosted service.
  • Event Organiser 2 or higher. Freely available from http://wordpress.org/plugins/event-organiser.

4. Payment & Prices

All prices are exclusive of VAT. The rate of VAT depends on the place of supply, and may be zero. The total price, inclusive of VAT, shall be communicated to you before any payment is made.

All prices are in Pound Sterling (£). If you are paying using an alternative currency you may be subject to exchange rates and currency exchange fees by PayPal or your credit card company. These are entirely outwith our control and do not form part of your agreement with us.

Payment is processed by PayPal, and can be made via a PayPal account or any credit or debit card accepted by PayPal, with no requirement of a PayPal account.

An invoice shall be made available in the confirmation e-mail sent to you (see section 5. Delivery).

5. Delivery

After we have successfully confirmed your payment, you will receive an email with the download link and license key. This usually happens within minutes of placing the order. If you do not receive an email after one hour, please contact us via email at sales@wp-event-organiser.com.

You may also login to https://wp-event-organiser.com/my-account to view your purchase history and download your purchased item(s). Additionally you can access https://wp-event-organiser.com/forums for support. You must use the account associated with your purchase to be able to access support (see section 9. Support). This account is linked to the email address you provided at checkout.

Links in the e-mail will expire after a period of 24 hours. After this time you will need to access your purchased items by logging into https://wp-event-organiser.com/my-account. If you are unable to do this please contact sales@wp-event-organiser.com including your license key in the body of your email.

Your purchased item(s) will be downloadable as zip file(s). You may install this by uploading the zip file(s) from your WordPress dashboard (Plug-ins > Add New > Upload) or by first unzipping the file(s) and uploading them via an FTP client.

6. Refund Policy

Under the Consumer Rights Directive (2011/83/EC) you have the right to cancel a digital transaction, without giving any reason, for up to fourteen (14) days after conclusion of the contract (date of purchase). By beginning the downloading process, you are granting your express consent to withdraw from your cancellation rights.

By commencing the download of a purchased item you assert that you have read and understood the previous paragraph informing you of your cancellation rights, and have granted your express consent to withdraw from them. Where a purchased item contains multiple downloadable extensions (for instance the Business and Developer license packages), this includes commencing the download of any of the included items. You commence the download by clicking (or visiting) the download link provided in your receipt e-mail or provided in your account at https://wp-event-organiser.com/my-account.

To exercise your right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, email, or through this web site at https://wp-event-organiser.com/contact). You may use the attached model cancellation form, but it is not obligatory to do so. To meet the cancellation deadline, it is sufficient that you send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 To Canalside Digital Ltd:

 I/we hereby give notice that I/we cancel my/our contract of sale for the 
 following goods and the accompanying support and updates,

 [purchased items]

 Ordered on/received on [date of purchase]

 [Name of customer]
 [Address of customer]
 [Signature (only if this form is notified on paper)]
 [Date of writing]

If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay.

Effects of cancellation: If you cancel this contract, we will reimburse to you all payments received from you, provided you have not initiated the download of any items included in your purchase. We will make the reimbursement without undue delay, and no later than 14 days after receipt of your cancellation request. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

By cancelling this contract, your download links will become invalid and you lose your right to support and to access updates. If you requested to begin the performance of services (e.g. support) during the cancellation period, we reserve the right to withhold an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.

Since we are offering non-tangible digital goods, outwith the rights afforded to you by the Consumer Rights Directive, we do not generally issue refunds after a purchase has been made. Refunds will be issued only in limited circumstances. You are strongly encouraged to download and try Event Organiser before purchasing any items.

If you encounter any bugs with you purchased item(s) that result in them being significantly unable to perform their function as described you are entitled to request that the defect(s) be addressed within a reasonable period of time. If this cannot be done you shall be entitled to a full refund. Because of the variable nature of the environment that your items operate in, it may be necessary that you co-operate with us to determine the nature of the bug – and if it lies in the purchased item.

Where the fault lies in a third-party plug-in or theme, although we are not liable, we shall, as time allows, provide assistance in resolving the problem (see section 9. Support).

If you are not sure if the plug-in is right for you – you can try it for free at https://wp-event-organiser.com/try-it/ or ask on the forums (https://wp-event-organiser.com/forums/forum/pre-sales-questions-pro/).

7. License Keys

Unless otherwise agreed the license key holder shall be identified by the account created at checkout. This is often, but not required to be, the customer.

License holders cannot distribute, freely give away, or resell their license key. The license key is only transferable by contacting us and requesting an official transfer of the license to a new owner. We do not offer any guarantee that such requests shall be granted. The license is to be used only on the license holder’s web site(s) or client sites.

A (valid) license key is required for access to updates (see section 8. Updates) and support (see section 9. Support). Renewing your license key is optional and not automatic (see section 9. Renewals).

The number of sites for which the license is valid includes any development or staging sites you may wish to use the product on. However, in terms of support, development, staging and live versions of the same sight are considered to be one site. We may, upon request and at our discretion, free up your license key by removing such sites from the license. We reserve the right to decline such requests to prevent abuse.

Multisite networks (http://codex.wordpress.org/Create_A_Network) are considered one site. The key should be entered in your network settings, and not in the settings of each site in the network.

We reserve the right to cancel license keys where we have reasonable suspicion that these terms are being violated.

8. Updates

Updates for a product are available to license key holders with the appropriate license key subject to that key being valid. Unless otherwise stated a “Personal” site license provides automatic updates for a single site, a “Business” license provides automatic upgrades for up to 5 sites and a “Developer” license provides automatic upgrades for 10 sites. The sites may be owned by you or your clients but you may not share or resell access to your license key.

Owing to the fact that purchased items can be run on servers with various configurations we cannot guarantee that you will be able to update from within the WordPress dashboard. In such rare instances you can still upgrade by downloading the latest version manually by visiting your account at https://wp-event-organiser.com/my-account.

9. Support

We offer WordPress plugins “as is” and with no implied meaning that they will function exactly as you would like or be compatible with all third party plugins or themes. While we shall assist in debugging conflicts that do arise, and aim to provide a resolution, our commitment to fixing conflicts which do not arise from a bug in any purchased item is at our discretion.

License key holders are given exclusive permission to post topics on the (appropriate) forums at https://wp-event-organiser.com/forums. We ask that key holders use these forums as their first port of call for support. This is to allow other customers to benefit from, or even contribute to, the discussion. In some cases you may wish to, or may be prompted to, continue the discussion privately. In these instances, please use this contact form at https://wp-event-organiser.com/contact . Since this form is open to everyone we recommend using the e-mail address associated with your license, or quoting your license key to ensure you receive a prompt response. You may alternatively contact support directly at support@wp-event-organiser.com.

Support is given for any site owned by the key holder or their client sites, subject that these sites are registered with their license key. Our commitment of support is to the license key holder alone, and not any of their clients.

If we are contacted by a user with a license key who we are not convinced is the license holder, we reserve the right to clarify the user’s identity before providing support.

We reserve the right to block access to the forums where we perceive that the user’s posts are abusive, aggressive, disruptive to the purpose of the forums to provide support for the product(s) or contain spam or other malicious or nefarious content or links to such content.

10. Renewals

Upgrades are provided for a term of 1 year from the date of purchase. After 1 year a new license will need to be purchased (or any existing license renewed) in order to continue receiving support and product upgrades. Event Organiser may offer to renew existing and valid license keys at a discounted rate. In these instances the license key will be extended for a 1 year period from the date of expiration.

Renewals are not automatic and are not necessary to continue using any purchased item. Before your license key expires you may optionally renew it by logging into https://wp-event-organiser.com/my-account. If your license key expires you will be ineligible for support and unable to receive any updates. An expired license key does not affect the functioning of the plug-in. However we cannot guarantee that any purchased item will be compatible with versions of WordPress which are not publicly available at the time of purchase.

11. Complaints procedure

Any complaints, queries or other requests concerning your purchase should be directed to sales@wp-event-organiser.com. In the body of the e-mail please provide your license key. Where, for whatever reason, you cannot provide your license key, please state this reason and provide a means to positively identify you as a customer. This includes providing at least one of the following: a) The e-mail address used to make the purchase b) The transaction ID as provided by PayPal

At our discretion we may accept other means of confirming your identity. We shall acknowledge and process your complaint or query without delay.

12. Ownership

You may not claim intellectual or exclusive ownership rights to any of our products.

13. Transactional Emails

We may on occasion send you email notifications related to your Event Organiser license. These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to your purchase. We may also issue notifications regarding bug fixes and security patches if we deem that they resolve issues that could both likely and significantly affect your site. We do not guarantee such notifications, and we refer you to section 14. Warranty.

Email notifications shall not include advertisements, news or anything which may be considered spam. Your email address shall not be shared with any third party organisation, see section 16. Data we hold about you.

14. Warranty

Our products are guaranteed to function on a clean installation of WordPress, subject to the supported versions as indicated in section 3. Minimum Requirements. We do not guarantee they will function with all 3rd party plugins or with all web browsers. We are not responsible for any plugin compatibility conflicts that may occur. It is our policy to support our plugins as best we can and we will provide support for 3rd party plugin conflicts at our discretion or as time allows (See section 9. Support). We are not responsible for any data loss that may occur as a result of installing this plugin.

All items are provided “as is” without warranty of any kind, expressed or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our products.

15. Severability

If any clause in these Terms or a contract shall become or shall be declared to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms or a contract shall be capable of continuing in effect without the unenforceable clause

16. Data we hold about you

As prescribed by EU VAT law we collect and keep for 10 years two pieces of evidence that establish the place of supply for the purchase, and where applicable evidence that this is a Business to Business transaction. This includes:

  1. Your IP address
  2. Billing country (or self-certified country of supply)
  3. Your VAT number (where applicable)

Additionally we keep a record of your e-mail address and first (and if provided) last name. This data is used solely to aid communication with you for the purposes of support and for the purposes described in section 13. Transaction E-mails.

We will not share of any of this data to anyone unless compelled to under Scottish law, or at the request of PayPal or fraud prevention agencies in order to investigate and prevent fraud.

Data is stored by Site5.com, a company recognised under the “Safe Habor” agreement by the European Commission as providing adequate data protection. For more details see http://safeharbor.export.gov/companyinfo.aspx?id=25559.

17. Accuracy of supplied data

By agreeing to these terms & conditions you declare that data proactively supplied by you as evidence of place of supply is to the best of your knowledge accurate.

18. Changes to Terms & Conditions

We reserve the right to alter these terms and conditions for legal reasons, or to correct any error or omission by us, or to add clarification provided that these changes do not materially alter the contract. We will not use this right to vary the terms of any licenses agreed with you at purchase. As such price changes do not apply to existing licenses, unless these licenses are subsequently renewed after the changes take effect.

19. Law applying to this agreement.

Scots law will decide any legal questions about this agreement, and about our dealings with you with a view to entering into this agreement.

20. Acceptance

By purchasing our product(s) you indicate that you have read and agree the Terms & Conditions detailed on this page.

Seller details

https://wp-event-organiser.com is a site operated by

Canalside Digital Ltd, UK Registered Company, CNR: 516085, VAT: 224421152

81 Oxgangs Terrace Edinburgh EH13 9BZ

Sales: sales@wp-event-organiser.com

Support: support@wp-event-organiser.com