Forcms Limited (the company) hereinafter referred to as the Seller, addresses this Agreement (hereinafter referred to as the Agreement) to any person (an indefinite number of persons) expressing willingness to enter into an agreement on the conditions set forth below (hereinafter referred to as the Client).
This Agreement is a public offer, acceptance of conditions (acceptance) of which is the performance of actions provided for in the Agreement.
1. Definitions
1.1. The terms of the Agreement govern the relations of the Seller and the Customer and contain the following definitions:
1.1.1. Offer - this document (Agreement), posted on the Internet at: for-cms.com.
1.1.2. Acceptance - full and unconditional acceptance of an offer by carrying out the actions specified in clause 3.1 of the Agreement.
1.1.3. The seller - Forcms Limited has placed an offer.
1.1.4. The client is a legal or capable natural person who has concluded the Agreement by means of an acceptance on the conditions contained in the offer.
1.1.5. Internet site - a set of web pages, hosted on a virtual server and forming a single structure, located on the Internet at: for-cms.com (hereinafter referred to as the Site).
1.1.6. Content or file - information represented in text or archive format on the Site, which is its content. The content of the Site is distributed to the main - Client, and auxiliary - administrative, which creates the Seller to facilitate the functioning of the Site, including the interface of the Site.
1.1.7. Demonstrative site or demo - the name or address indicated on the product card where the resource is located for clarification and visual work of the described goods.
2. Subject of the Agreement
2.1. This Agreement determines the terms and procedure for using the results of intellectual activity, including the content elements of the Website located on the Internet at for-cms.com (hereinafter referred to as the Site), the responsibility of the Parties and other specifics of the operation of the Site and the relationship of the Site Users with Seller, as well as with each other.
3. Consent to the terms of the agreement
3.1. Acceptance (acceptance of an offer) is pressing the button "With the terms of the Agreement I read and agree" with the Customer.
3.2. Making the actions for accepting the offer in the manner specified in Clause 3.1 of the Agreement, the Customer guarantees that he is acquainted, agrees, fully and unconditionally accepts all the terms of the Agreement, agrees to comply with them.
3.3. The Client hereby confirms that acceptance (taking action to accept an offer) is tantamount to signing and concluding the Agreement on the terms and conditions set forth in this Agreement.
3.4. The offer comes into force from the moment of posting on the Internet at https://for-cms.com/en/terms-of-use.html and is valid until the time of the withdrawal of the offer.
3.5. This Agreement is posted in writing on the Site. If necessary, any person at his request may be given the opportunity to review the paper version of the Agreement at the Seller's office.
3.6. The agreement can only be accepted as a whole. After acceptance by the Client of the terms of this Agreement, it acquires the force of the contract concluded between the Seller and the Client, and such a contract as a paper document signed by both Parties shall not be formalized.
3.7. The Seller reserves the right to make changes to this Agreement without any special notification, in this connection the Client undertakes to regularly monitor the changes in the Agreement. The new version of the Agreement comes into force from the moment of its placement on this page, unless otherwise provided by the new edition of the Agreement. The current version of the Agreement is always on this page at: https://for-cms.com/en/terms-of-use.html
3.8. The seller provides information on the possibility to find the necessary product in the free space of the Internet by selling this information and packaging this information into an archive, which is also an intellectual property.
3.8.1. For goods that do not have their own order or have been purchased for mutual exchange, support and the possibility of ordering works are not provided. Including it is not possible to update them as a normal order, only with mutual agreement.
3.8.2. A demonstration site can be modified or does not correspond to the product if the demo is hosted on a third-party site due to the modification of a third-party site or version change. Please rely more on the screenshots of the product card. Demonstration located on a third-party site can not be considered as providing incomplete information and, accordingly, for initiating a dispute or refunding funds. The seller is not responsible for changing the demo site with the product version.
4. Rights and obligations of the parties
4.1. The Seller undertakes:
4.1.1. Within 60 calendar days from the date of receipt of the respective written notification of the Customer by its own efforts and at its own expense to eliminate the Client's identified shortcomings, namely:
- inconsistency of the content of the Site with the data specified in clause 2.1 of the Agreement;
- the presence in the Site of materials that are prohibited by law.
4.1.2. To refrain from any actions that might impede the Client's exercise of the right to use the Site in accordance with the Agreement.
4.1.3. Provide information on working with the Site through e-mail, forum, blog. Current e-mail addresses are located in the "Contacts" section of the site at: https://for-cms.com/en/contact.html
4.1.4. Use all personal data and other confidential information about the User only for rendering services in accordance with the Agreement, not to transfer to third parties the documents and information about the User that are in his possession.
4.1.5. Ensure the confidentiality of information entered by the Customer when using the Site through the personal account of the Client, except for cases of posting such information in public sections of the Site (for example, chat).
4.1.6. Advise the Client on all matters relating to the Site. The complexity of the issue, scope, and terms of consultation are determined in each case by the Seller himself.
4.1.7. Help and support is provided through the service specified on the site. Not by email. The response time may vary from those agreed in view of various circumstances (usually no later than 62 hours).
4.2. The Customer undertakes:
4.2.1. Use the Site only within the limits of those rights and in the ways provided for in the Agreement.
4.2.2. Strictly adhere to and not violate the terms of the Agreement, as well as to ensure the confidentiality of commercial and technical information obtained in cooperation with the Seller.
4.2.3. To refrain from copying in any form, as well as from changing, supplementing, distributing the Site, the content of the Site (or any part thereof) without the prior written permission of the Seller.
4.2.4. Do not use any devices or computer programs to interfere or attempt to interfere with the normal operation of the Site.
4.2.5. Promptly inform the Seller of all known facts of illegal use of the Site by third parties.
4.2.6. Use the Site without violating the property and / or personal non-property rights of third parties, as well as prohibitions and restrictions established by applicable law, including without limitation: copyright and related rights, trademark rights, service marks and appellations of origin, industrial rights samples, rights to use images of people.
4.2.7. Do not allow the placement and transfer of materials of illegal, indecent, defamatory, defamatory, threatening, pornographic, hostile nature, as well as harassment and signs of racial or ethnic discrimination, calling for the commission of actions that can be considered a criminal offense or violate any law, as well as be considered unacceptable for other reasons, materials that propagate the cult of violence and cruelty, materials containing obscene language .
4.2.8. Do not distribute promotional materials in personal messages to other Clients without obtaining their prior consent to receive such materials (SPAM).
4.2.9. Perform other duties stipulated by the Agreement.
4.3. The Seller has the right:
4.3.1. Suspend or terminate the registration and access of the Client to the Site if the Seller reasonably believes that the Customer conducts illegal activities.
4.3.2. Collect information about the preferences of Users and how they use the Site (the most frequently used functions, settings, preferred time and duration of work with the Site, etc.), which is not personal data, to improve the operation of the Site, to diagnose and prevent site failures.
4.3.3. Unilaterally amend the Agreement by issuing its new editions.
4.3.4. Delete Client Content at the request of authorized bodies or interested parties in case this content violates applicable law.
4.3.5. Temporarily stop the work of the Site, and partially partially restrict or completely stop access to the Site until the necessary technical maintenance and / or modernization of the Site is completed. The Customer shall not be entitled to claim damages for such temporary suspension of services or restriction of the availability of the Site.
4.4. The Client has the right:
4.4.1. Use the Site within the limits and in the ways provided by the Agreement.
4.5. The Client is not entitled to give consent to the implementation of this Agreement in cases where he has no legal right to use the Website in the country in which he resides or resides, or if he has not reached the age from which he has the right to enter into this Agreement.
4.5.1. The customer is solely responsible for possible negative consequences caused by incompatibilities or conflicts of downloaded extensions on the links mentioned with other products installed on the same site. Instances are not intended and can not be used in information systems operating in hazardous environments or servicing life support systems in which a malfunction in the work of a product can endanger the life and health of people.
5. Terms and conditions of use
5.1. Subject to the Customer's compliance with this Agreement, the Customer shall be granted a simple (non-exclusive) license to use the Site using a personal computer, mobile phone or other device in the volume and in the manner prescribed by the Agreement, without the right to grant sub-licenses and assignments.
5.1.1. By purchasing infoproduct, the client receives a link or instruction, where you can download an extension, template or any other content on the Internet and how to help when installing or configuring. Any additional work is negotiated or paid separately.
5.2. In accordance with the terms of the Agreement, the Seller grants the Client the right to use the Site in the following ways:
5.2.1. Use the Site to view, read, leave comments and other records and implement other functionality of the Site, including by displaying on the monitor (screen) the appropriate technical means of the Client;
5.2.2. Short-term load into computer memory for the purpose of using the Site and its functionality;
5.2.3. The elements of the Client Content of the Site with the indication of the source of the citation, including a link to the URL of the Site.
5.2.4. How to use: https://for-cms.com/en/receipt-and-payment.html
5.3. The Client is not entitled to take the following actions when using the Site, as well as any parts of the Site:
5.3.1. Modify or otherwise rework the Site, including translating into other languages.
5.3.2. Copy, distribute or process materials and information contained on the Site, except as necessary and caused by the implementation of the functionality available to a specific Customer.
5.3.3. Violate the integrity of the protective system or carry out any actions aimed at circumventing, removing or deactivating technical means of protection; use any software codes designed to distort, delete, damage, imitate or disrupt the integrity of the Site, transmitted information or protocols.
5.4. Any rights not expressly granted to the Client in accordance with this Agreement shall be reserved to the Seller.
5.4.1. The seller does not restore the canceled orders. Further downloading of the extension is possible only when you make a new order.
5.5. The site is provided by the Seller in the "AS IS" state, without Seller's warranty obligations or any duty of rectification, operational support and improvement. This means that for the problems that arise during the operation of the Customer's copy of the Product (including: compatibility issues with other software products (packages, versions, cms, etc.), problems arising from the ambiguous interpretation of your reference information regarding the content , inconsistencies in the results of using the software according to your expectations, etc.), the seller does not bear responsibility.
5.6. With respect to Client Content, the Customer warrants that it owns or possesses the necessary rights to use and provide the Seller with the right to use all Client Content in accordance with this Agreement.
5.7. Accepting the terms of this Agreement, the Customer grants to the Seller and other Clients a non-exclusive gratuitous right to use (a simple license) materials that the Client adds (places) on the Site in sections intended for access to all or part of the Users (chat rooms, reviews, comments, etc.). The specified right and / or permission to use the materials are provided simultaneously with the Customer adding such materials to the Site for the entire duration of the exclusive rights to intellectual property objects or protection of non-property rights for the specified materials for their use on the territory of all countries of the world.
6. Personal Data and Privacy Policy
6.1. In order to fulfill the terms of the Agreement, the Client agrees to provide and agrees to the processing of the personal.
6.2. Information received by the Seller (personal data) is not subject to disclosure, except for cases when its disclosure is mandatory under the laws of the Republic of Cyprus or necessary for the operation of the Site and its functions (for example, when comments are published in the "Comments" section, the comment under the Customer's comment displays the name , the date and time the comment was sent).
7. Responsibility of the parties
7.1. The Parties are responsible for the failure or improper performance of their obligations in accordance with the terms of the Agreement and the legislation of the Republic of Cyprus.
7.2. The Seller assumes no responsibility for the conformity of the Site to the purposes of use.
7.3. The Seller is not responsible for technical interruptions in the operation of the Site. However, the Seller undertakes to take all reasonable measures to prevent such interruptions.
7.4. The Seller shall not be liable for any actions of the Client related to the use of the granted rights to use the Site; for damage of any kind incurred by the Client due to the loss and / or disclosure of its data or in the course of using the Site.
7.5. In the event that any third party lodges a claim with the Seller in connection with a violation of the Agreement by the Customer or the applicable laws, violation of the rights of third parties by the Client, the Seller shall not be liable for this and not have the right to block the client without explicit reasons.
7.6. The Seller is not responsible for the content of the messages or materials of the Site Users (Client Content), any opinions, recommendations or advice contained in such content. The Seller does not perform a preliminary check of the content, authenticity and safety of these materials or their components, as well as their compliance with the applicable law, and the Users have the necessary amount of the right to use them without fail.
7.6.1. The Seller shall not be liable for any damage caused to the Client as a result of improper use of the information provided on the Site.
7.6.2. The Seller shall not be liable for any damage caused by the Client's lack of knowledge of the application and the degree of responsibility for the content of the Goods ordered on the Site.
8. Technical Support Terms
8.1. The order of works by our specialists is carried out under the preliminary contract with support on the contacts indicated on the site, ticketing system or via chat. All conditions of work and payment are agreed. The extension that must be installed is sent in a letter to the support service upon request.
8.2. The Technical Service consultant has the right to request data to solve the problem of your site (usually ftp and the administrative part of the site, but you may also need to access msql in rare cases). Specialists work only with direct access, without providing third-party extensions or curtailed rights. If the site is hosted on a free hosting with a reduced functionality or rights, the specialist has the right to refuse technical and consulting assistance. The works will be carried out within the specified period agreed upon with the order provided that the technical support works in the specified period and the schedule change is not displayed in the news site.
8.3. Technical support ensures that your data will not be disclosed, damaged, corrupted or transferred to third parties when working on the installation site. It is possible to create an archive backup for backup recovery in case of emergency failures. For more convenient and reliable provision of data, it is recommended to use additional accounts, so-called temporary (for the time being) created profiles, after which such data can be easily deleted by you, thus eliminating any suspicion in the direction of a specialist. Before and after work, technical support notifies the customer of the beginning and end of the activity.
8.4. If the data is incomplete, is not provided, the server does not respond for a long time, issues connection errors, or the work is performed on the local computer. Technical support has the right to refuse to solve your problem before providing the complete requested data.
9. Settlement of disputes
9.1. The pretension procedure for pre-trial settlement of disputes arising from this Agreement is mandatory for the Parties.
9.2. It is allowed to send letters of claim by the Parties in other ways: 60185, Paphos, CYPRUS.
9.3. The time for consideration of the claim letter is 60 working days from the date of receipt of the last addressee.
9.4. Disputes under this Agreement shall be resolved by judicial procedure in accordance with the legislation of the Republic of Cyprus.
10. Final Provisions
10.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Republic of Cyprus. All possible disputes arising from the relations governed by this Agreement shall be resolved in accordance with the procedure established by the applicable law of the Republic of Cyprus under the rules of Cypriot law. Throughout the text of this Agreement, the term "legislation" refers to the legislation of the Republic of Cyprus.
