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                                                                                Terms of Use

 

The effective date is congruent with the time the purchase is made via the web cart found at dev.Dev.Dev.pennyauctionsoft.com and include all features and service based on the actual plan purchased within that cart. The buyer agrees to all of the following terms.

1.      Definitions

a.      Diy- Stand for do it yourself. Any package purchased with this in the title will be required to install and design their website completely on their own. Support will be limited to the predesigned and included installation cd and predesigned help modules

b.      Support- communication with one of  dev.Dev.Dev.pennyauctionsoft.com  team via chat or email

c.      Pro-or professional - your software will come with an unlimited license and support.

d.      Unlimited lisence- the abilty for one user to install our software on an unlimited amount of domains owned directly by the purchaser/buyer. All additional domains will be verified by a dev.Dev.Dev.pennyauctionsoft.com representative prior to the issuance of a new license. The buyer may not under any circumstances resell lease or otherwise make available the software and or code and or script without the acknowledge consent of dev.Dev.Dev.pennyauctionsoft.com .

e.      License- the ability to use our software on one domain.

f.      Standard- a version that does not come with support and is limited to one license.

g.      Programming -any work preformed that requires a change in the software, additional modules, changes in the admin side of the site, css coding , adding functions not included in the site, adding payment gateways not included in the site

h.      Enhanced- includes design

i.       Encrypted- all of the software is locked and cannot be edited.

j.      Unencrypted- the functioning portion of the software is open to see and to develop. However the license panel and the ability to add additional domains remains encrypted and cannot be changed or seen.

k.      Installation- dev.Dev.Dev.pennyauctionsoft.com will transfer your chosen software on an approved server or our own pas server. (server must meet software requirements) ask support for details. When installation is included it is based on installing the software 1 time and 1 time only. Additional installs will be billed accordingly.

2.      dev.Dev.Dev.pennyauctionsoft.com will supply support in the following manner if it is so called for based on the package that has been purchased.

·         Covered by Support:

Our support will cover common software related issues such as:

o & nbsp;& nbsp; updating product versions

o    Feature questions

o    Basic setup questions

o    Software errors

o    One time instructional on setting up an auction.

o    If you purchase a Standard CD package without buying our support package you will not receive any support what-so-ever

·         Not Covered by Support::

Our support coverage does not cover:

o    Older product versions

o    Assistance or Creation of any sort of modification done to the package which includes editing the PHP core source code, CSS, Images and HTML layout.

o    Server related issues including improper hosting configuration

o    Browser or computer issues

o    Non software related issues

o    SSL Certificate installs

o    3rd party products or plug-ins

o    Design work or modifications (these can be done as paid services)

o    Second site installations or upgrades (these can be done but are paid)

o    Custom modifications or template changes done by third parties void your support (we cannot support coding modifications done by third parties)


                                            Methods of Support:

 

·         Product Documentation

The manual should be your first stop for information. It is consistently updated by our support team and provides all the configuration and how-to steps you need in order to get your system up and running quickly.

 

·         Helpdesk Product Support

The priority help desk is available to all clients with up-to-date membership accounts. The help desk should be used when you are unable to find answers to your questions using the Free Resources. All tickets are first reviewed by our dedicated 1st level support team. Tickets that require further assistance will be escalated to 2nd and 3rd level support depending on the type of issues.

 

·         Phone Support
We will provide a toll free number after purchase ( only offered with an enhanced version of the software or better)

 

·         Supported Methods of Support
Direct email support, Phone support, live chat (Our site) and IM.

 

·   & nbsp;     Reasons for not providing support

o    Support requested is for an unsupported area or non-script related area.

o    Abuse of support representatives. We do not allow any abuse from clients to our support representatives in any way. If a situation occurs you will be given a reminder and then if the issue continues ticket options will be removed from your account.

o    Invalid license or account.

o    If you launch a Paypal dispute or chargeback your support will automatically be terminated.

o    We are not responsible for any incompatible hosting and do not provide support for hosting and server configurations. It is your responsibility to secure hosting that is compatible with our script

o     

 

·         Procedure of Support

Listed below are methods taken by our Pennyauctionsoft Support Staff when an issue may arise and you need technical help to solve it.

o    Check if server meets all the requirements found on requirements page.

o    Do a check if any of the default files have been modified. If any of the files have been modified client must backup their site and upload the default script files.

o    Do a check to make sure all the files/folders are in place and all permissions are set correctly to each of the folders.

o    Compare issues(s) with our live demo found on demo page.

o    Turn on PHP "error reporting".


If the above steps do not help solve the case for the client the case is then sent to the developers to look over and fix.

 

·         Install / Upgrade Service Policy

o    “ Pro License" owners get 12 months of support.

o    "Discounted License" owners get support under the span of their validity.

o    Client must have a valid license.

o    Client must run the latest up to date version.

o    Upgrades generally will lose all changes to the existing site. We will not save or preserve site changes or database entrees when requesting an upgrade.

 

·         Support Period

We offer a service to install or upgrade your software package. This service includes only the install of our product and no other 3rd party software or plug-ins. This also does not include installing any of the software requirements on the server. It is the client's responsibility to have the proper server requirements and if they do not our support staff will contact them with what they are missing. We recommend you use our hosting as it is 100% compatible with our software.

If an upgrade service is purchased our staff will only upgrade a client's site if it is fully functional and is using an older version of our scripts. Our technicians cannot upgrade a client's site if for example an attempt was already made by the client's side and it failed. Starting from an unknown point of the upgrade routine is unreliable and will only cause more instability in the future. For a proper professional upgrade we must work from A-Z to complete it. If such a case does come up the client will be asked to restore their site to its previous functional state and we can then perform the professional service.

·         By purchasing our software you accept these above terms.

·         Professional versions purchased can have additional licenses added by contacting support.

·         Our licensing system will scan additional domain who is information and if it finds a non matching who is name information the license will automatically be disabled.

·         In order to qualify for our free support services you agree that you will keep your website up to date, current patches applied. If your site is not current and up to date with PAS updates and patches your support is void.

3.      System requirements

·         100MB Web-Space

·         Apache Web Server

·         PHP 5.x +

·         1 MySQL Database - MySQL 5.0 +

·         GD2+, CURL

·         IonCube

·         Cpanel/WHM (Server)

4.      Licensing.

 

a.      The buyer will be provided with a license key that can be used for one domain name.

b.      In case the buyer buys a package that provides unlimited licenses each license will be approved by dev.Dev.Dev.pennyauctionsoft.com , and must be registered and owned by the original buyer.

c.      To add additional licenses the buyer must contact dev.Dev.Dev.pennyauctionsoft.com via phone or support, licenses are not automatically generated.

d.      Any violation of the licensing agreement will result in immediate termination of all licenses owned by the buyer and a charge of $700.00 per occurrence. No refunds will be issued for the buyers original purchase.

 

5.      Responsibilities of  dev.Dev.Dev.pennyauctionsoft.com

a.      Be knowledgeable of the software and possible problems

b.      Identify errors with the software(pro version only)

c.      Provide timely support during and after the sale.( When include in a purchased package)

d.      Provide a functioning software based on all other terms

e.      Provide a license and download area where the software can be accessed

f.      Provide a cd containing a complete version of the software.(pro versions only)

g.      Provide free updates upon request and availability

h.      Provide installation instructions.

6.      Privacy

a.      We won't sell or give away your name, mail address, phone number, email address, credit card number or any other information to anyone.

b.      We'll use the latest security measures to protect your information from unauthorized users.

c.      We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally this information is requested when you purchase our software packages. We use your Personal Information for four primary purposes:

* To process and activate your order
* To identify you
* To help us support you and/or your Business.
* To alert you to product upgrades, special offers, updated information and other new services from Pennyauctionsoft

d.      Your information will never be sold to a third party.

e.      dev.Dev.Dev.pennyauctionsoft.com  may contact the buyer with offers, support , or additional product via email.

7.      Installation

a.      Installations will be preformed in the order in which your order was received. In most cases installation will be completed within 24 hours of dev.Dev.Dev.pennyauctionsoft.com  receiving the following information that must be provided by the buyer.

1.      Root login/password and IP address for your server. The server must have Centos 5 installed and WHM/Cpanel as a hosting panel.

2.       Your domain name (www.yoursite.com) and your domain registration panel login and password (to setup nameservers).

 

b.      Prior to installation all hosts must be approved by dev.Dev.Dev.pennyauctionsoft.com

c.      Some packages will include the installation of a ssl certificate. In such case the certificate must be provide by the buyer.(penny auction soft does not provide ssl certificates.

d.      Installations will not be guaranteed to work on all hosts.

e.      Installations that require more than 4 hours time will be billed at $85.00 per hour

 

8.      Design

a.      The buyer must provide a logo(a logo can be provided by penny auction soft for an additional fee)

b.      Any design package purchased will include up to 10 hours of design work.

c.      Design work will include, color design, logo installation, custom text provided by the buyer, and social networking linking.

d.      Design work that exceeds 10 hours will be billed at $75.00 per hour.( the client will be notified prior to incurring any additional charges.

e.      All logos and text must be supplied by the buyer in a format requested by the assigned designer.

9.      Guarantees

a.      dev.Dev.Dev.pennyauctionsoft.com guarantees that our software will function properly as advertise on the site.

b.      We guarantee to fix any glitches due to software failure at no charge.

c.      We guarantee delivery of our cd within 14 days

d.      We guarantee timely response as support

e.      The following will void any guarantee :

1.      Any modifications to the software, script, or design, not preformed by us.

2.      Non payment or charge backs

3.      Violations of the license terms

4.      Domains not parked at  www.godaddy.com

5.      Unapproved hosts or hosting issues

10.    Templates

 

a.      Templates may not be reproduced by the customer at any time ever under a $20,000.00 penalty or more but no less.

b.      Some templates may not have all of the features. do to spacing and lack of compatability.

 

11.    CUSTOM MODIFICATIONS AND DESIGN

a.      By purchasing our script you agree that you will be responsible for any custom modifications made to the script. We will not support any custom modifications made by third party developers or template designers. If you choose to have us design a template for you or logo this template becomes your intellectual property or design, however, if the design is a direct clone of another established site, we retain the right to resell this template.

If you have a modification or function programmed by our team we reserve the right to resell these modifications if these functions or modifications will compliment the overall script performance. Penny Auction Soft reserves the right of resale in this case

b.      All custom programming will be presented by the buyer and a proposal will be generated by dev.Dev.Dev.pennyauctionsoft.com  on a case by case basis.

 

12.    Refunds

 

a.       We do not accept returns on our product because along with your software purchase a digital download is offered making it impossible to return the code.

b.      All sales are final and non refundable under any circumstance.

 

13.    Shipping

a.      We ship all orders by Fedex ground or Express post (depending if Fedex delivers to your area). All shipment will be delivered with no signature required .

b.      There is a $25.00 shipping and handling fee added

 

14.    Hosting and monthly billing

a.      Any purchase that is based on a monthly subscription will be automatically withdrawn based on your provided payment method on the day of the month that you have purchased the product and every month thereafter until you cancel

b.      In order to stop automatic billing a 20 day notice prior to the next billing date must be made via verifiable email or buy physical email.

c.      In the event of insufficient funds we may try to re submit the payment request within ten days and a 10% penalty will be automatically assessed to you.

d.      After ten days of non-payment your account will be terminated. (your license will remain in effect however)

e.      Pas is not responsible for lost data due to non payment

 

15.    Governing law

a.      This contract shall be based on new hampshire usa law.

 

16.    Arbitration

a.      In the event that a dispute cannot be resolved via a mutual understanding it is agreed upon that court proceeding will be waived and that a licensed arbitrator from the state new hampshire will be mutually agreed upon to resolve any issues. Judgments deemed by the arbitrator will be set forth as ordered.

b .    notice of proceedings will be delivered to the address given within the users account  and during registration.. no other notice will be needed

 

 

17.    The buyer’s purchase of any product from dev.Dev.Dev.pennyauctionsoft.com  constitutes an agreement to all the terms and conditions set forth in this contract by the buyer.