Please read these General Terms (and any relevant Schedules, as defined below) carefully as they contain important information about your rights and obligations. We recommend that you keep a copy of these General Terms (and any relevant Schedules) and that you print out these General Terms (and any relevant Schedules) from the Website (as defined below) by clicking on the “Print” icon on your browser so that you can keep them for future reference
We reserve the right to modify these terms of service at any time without prior notification.
The following words used in this agreement apply to You, the customer: "You", "Your".means West Star Music Promotions, a company registered in England and Wales.
These General Terms govern your submission of an order to us for our provision of services to you through the www.wsmpromotions.com website (the “Website”), and your registration for an account on the Website by which you will be able to administer those services that you receive. By submitting your details to us for registration for an account on the Website, you agree to be legally bound by these General Terms and the relevant Schedules (as defined below).
refer to https://wsmpromotions.com.
Specific terms for our provision of particular services to you are set out here, in the form of Schedules (as defined below). If you submit an order for specific services, you agree to be legally bound by the relevant Schedules (as defined below) as well as these General Terms.
We reserve the right to amend the Terms and Conditions (as defined below) at any time. All amendments to the Terms and Conditions will be posted on the Website and emailed to you. If you do not like the changes we make, you can terminate this Agreement – please see Clause 13.2.1 for more information. Continued use of the Services will, however, be deemed to constitute acceptance of the new Terms and Conditions. No other terms or changes to the Terms and Conditions will be binding unless agreed in writing signed by us.
In this Agreement: 1.5.1 the following terms shall have the following meanings:"Account" has the meaning given to it in Clause 4.1;
the legal and binding agreement that is in place, on the basis of these General Terms and the relevant Schedule(s), for us to provide certain services to you once you have submitted to us an Order and we have issued to you an Order Acceptance. If you make more than one Order, each Order shall, if subject to an Order Acceptance, constitute a separate “Agreement”;
the breach of any:
you are a business customer if you enter into the Agreement and you are not a Consumer;
any day other than:
9.00am to 5.00pm on Business Days;
any information in any form or medium obtained by or on behalf of either Party from or on behalf of the other Party in relation to this Agreement which is expressly marked as confidential or which a reasonable person would consider to be confidential, whether disclosed or obtained before, on or after the date of this Agreement, together with any reproductions of such information or any part of it;
you are a consumer if, in entering into this Agreement, you are an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession;
the fees payable by you to us for our provision to you of the Services, as set out in each Schedule for each relevant Service, and otherwise on the Website at the time that you submit your Order to us and confirmed in the Order Acceptance;
copyright and related rights, trade marks and service marks, trade names and domain names, rights under licences, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, patents, rights to inventions, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
liability in or for breach of contract, Breach of Duty, torts (including negligence and intentional torts), deliberate breach (including deliberate personal repudiatory breach), misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and, for the purposes of this definition, all references to “this Agreement” shall be deemed to include any collateral contract);
material that you upload (or permit to be uploaded) onto our servers as part of our provision of the Services, including any and all materials, works of authorship, software, files, multimedia and audiovisual material, tools, processes, systems, manuals, databases, database structures, a website’s “look and feel”, content, documents, records, reports, ideas, know-how, information, text, data, diagrams, artwork, screenshots, drawings, plans, descriptions, specifications, images, graphics, domain names and marks (in whatever form and on whatever media);
the order submitted by you through the Website for the receipt of certain services from us;
our written communication to you in which we accept your Order in accordance with Clause 5.8;
our acknowledgement of your Order;
either us or you, and "Parties" shall mean both of us and you;
a schedule containing a specific description of particular Services to be provided by us to you;
the services and online products that we provide to you under this Agreement, some of which may be more particularly described in the relevant Schedule(s);
has the meaning given to it in Clause 8.1;
these General Terms and the Schedules; and
our customer who registered for an account on the Website to submit an order to us for the receipt of services from us;
are to clauses of these General Terms;
are to paragraphs in a Schedule;
are inserted for convenience only and shall not affect the interpretation or construction of these General Terms or any Schedule;
Words imparting a gender shall include the other gender and the neutral, and references to persons shall include an individual, company, corporation, firm or partnership;
or in "writing" includes the electronic form;
"including", "in particular" or "for example" or like words shall be deemed to be followed by the words "without limitation"; and
or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification).
After payment has been received, your template will be available to download from your client area within the timeframe advertised on our website.
All files are provided in zipped/compressed format, so you must ensure you have software available to you that is capable of extracting the files you purchase.
Due to the nature of products we sell (i.e. digitally downloadable products) we are unable to provide refunds under any circumstances. This is because once purchased, you will have access to the files we charge for.
Any charge-backs you attempt to make via PayPal or other payment gateways will be argued strenuously by us with reference to these terms and conditions of sale. You must ensure you fully read our terms as well as the website description of any files you purchase, as no refunds will be available unless the product you purchased is significantly different from what is described by us on this website.
By purchasing any pre-made website template from this website, you acknowledge and agree that we do not guarantee compatibility for any feature not seen in our live demonstration. In the case of templates that do not have live demonstrations, you much contact us prior to making your purchase to find out whether the template will be compatible with a feature not seen or described on this website. We cannot provide refunds on the basis of incompatibility in this regard.
If you are using a different version of WHMCS to the one specified in the template description, it is your responsibility to enquire as to whether the template you want to purchase will work with your installation. If you fail to enquire and your template does not work, you will not be refunded. This is because the template will work when you upgrade your WHMCS installation to match the version number advertised on this website.
If you order a custom service but later change your mind, you have the right to cancel it provided that we have not already started work on it. There is an administrative fee of $14.99 USD for all service cancellations, irrespective of whether the service has commenced or not.
Support will only be provided for paid products and services if your account is in good standing. If there are outstanding payment issues relating to your account, or you are using a free product, support will not be provided.
If your domain is not authorized to be using WHMCS, you will be refused support until your domain is licenced. We will also report your domain to WHMCS Limited.
We reserve the right to refuse user support for any reason, such as, but not limited to, abusive or offensive communiation directed towards our staff.
By purchasing a template licence you acknowledge and agree that your purchase grants you a single, non-transferable licence to use the purchased design on one website/domain only. You also acknowledge and agree that your purchase of a template licence does not grant you ownership of the template, and/or any other transferable right of ownership of the template design, including any and all source files, unless explicitly advertised by us on this website.
By purchasing a template licence, you acknowledge and agree that we do not guarantee compatibility of any feature not seen on our live demonstration site or any feature not documented or advertised on this website. You also acknowledge and agree that we do not guarantee compatibility of any third party modules, addons of custom features with the template licence you purchase.
By purchasing a template licence, you acknowledge and agree that your purchase will be available to download from this website following verification of your payment and order and that verification of your order will completed within 24 working hours of your cleared payment, and that this time frame is dependent on your prompt response to any verification request we may send you.
By purchasing a template licence from us, you acknowledge and agree that we reserve the right to discontinue or remove from sale a template without prior notice and that updates for the template in question will no longer be available. All templates will have a guaranteed update schedule of at least 6 months after purchase, regardless of whether the template has been discontinued from sale or not.
By purchasing a template licence from us, you acknowledge and agree that any template, design source file(s), image files, fonts, CSS files, PHP files, TPL files and/or any website code provided to you, by us, must not be transferred, sold, re-sold, distributed and/or re-distributed to any other person, company, third party and/or any un-related legally responsible being. You also agree not to transfer ownership of any template, source file(s), images, fonts, CSS files, PHP files, TPL files and/or any website code provided to you, by us, to any third party, in exchange for any form of consideration (including but not limited to monetary consideration and/or financial gain) or free of charge.
By purchasing a template licence from us, you acknowledge and agree that access to the download, user support and future templates updates, if advertised on this website as being included with your purchase, will be revoked after 1 year unless you purchase a Support and Updates package. Upon purchase of a Support and Updates package, you will be entitled to a further 12 months of access to the download, user support and template updates, if advertised on this website as being included with your purchase.
By purchasing a service from us, you agree to provide us with the necessary information required to complete the service. You also acknowledge and agree that the advertised time frame for completion of the service by us is dependent on your prompt delivery of information requested by us and is advertised in working hours. You also acknowledge and agree that we reserve the right to increase or decrease the time frame for the service completion at any time wihout notice, if required due to high levels of demand or any other influencing factor.
By purchasing a service from us, you acknowledge and agree that any work and/or website code provided to you, by us, must not be transferred, sold, re-sold, distributed and/or re-distributed to anyone other person, company, third party and/or any un-related legally responsible being. You also agree not to transfer ownership of work and/or website code provided by us to any third party, in exchange for any form of consideration (including but not limited to monetary consideration and/or financial gain) or free of charge.
By purchasing a service from us, you acknowledge and agree that we will not be held legally and/or financially liable for any loss of data and/or loss of earnings in relation to any third party user account credentials you provide us with.
By ordering a custom WHMCS design or a bespoke design in any format, you acknowledge and agree that there can be no refunds for completed work for whatever reason.
By ordering a custom WHMCS design or a bespoke design in any format, you acknowledge and agree that if you change your mind at any stage prior to our commencement of coding the works, there can only be a maximum refund of 50 per cent of the price paid. Once you have approved a design for coding into functional website format, no refund can be given under any circumstances.
All quotations issued by us will be valid for a maximum period of 30 days. After this time, we reserve the right to provide a new quote if necessary.
You acknowledge and agree that by accepting a quotation, all communication and agreements made prior to your acceptance shall form contractual obligations for both parties, enforceable by law and to be construed in accordance with these Terms of Service.
If, for any reason, you decide against us completing the agreed works once they are already in progress, we reserve the right to either conclude the contract as originally agreed, or to charge the total amount of the contract value in order to bring the contract to an end.
If there is significant deviation part way through a project that is already in progress, we reserve the right to either conclude the contract as originally agreed, or to charge the total amount of the contract value in order to bring the contract to an end.
You acknowledge and agree that there will be no transfer of ownership rights/intellectual property unless payment has been made in full. If payment is outstanding for any reason, no ownership rights, intellectual property rights or copyright protection will be afforded to you.
If you elect to make your payment by direct bank transfer into our UK account, you acknowledge and agree that the payment must be made in GBP (Great British Pounds). Before sending payment in GBP, we will provide you with the total amount owed in GBP. You acknowledge and agree that this value will be calculated using exchange rates provided by Reuters (UK).
By ordering any product or service from us, and/or by using this website, you agree that we will not be held legally and/or financially liable for any loss of data and/or loss of earnings. You also agree that we will not be held legally and/or financially liable for any loss of earnings for the period of website down-time that is required to complete any service.
To the extent permitted by applicable law, Zumada Limited hereby disclaims any and all warranties, whether express or implied, statutory or otherwise as to the accuracy of any information contained on any of our websites and, accordingly, Zumada Limited shall have no liability (save in relation to death or injury arising through its negligence) for any loss or damage howsoever arising and of whatever nature incurred in the use of any Zumada Limited website or reliance on any information contained on it including, without limitation, any direct, indirect or consequential loss, loss of business, loss of goodwill or loss of profits.
All products and services provided by us may require communication in English language in order to complete a service or provide a product. By purchasing any product and/or service from us, you acknowledge and agree to be bound by our Terms of Service, as written and defined in English. By ordering a product and/or service from us, you acknowledge and agree that we will not be held legally and/or financially responsible for your failure to read and/or understand these Terms of Service.
Your use of this website, any material accessed or downloaded from it and the operation of these Terms of Service and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of England and Wales and You agree to submit to the jurisdiction of the English Courts.
If you have breached and/or violated these Terms of Service, we reserve the right to bring legal proceedings against you in:
the courts of the country of your residence
the courts of the location of your access, use or storage of any materials obtained from the website
the courts of the location of any breach by you of these Terms of Service; and/or
the courts of the location of your authorisation of any of the above acts.
In the event of a civil law suit decided in our favour, you acknowledge and agree that all legal fees will be paid by you or the company you represent that is party to the case.
This website makes references to several companies that are not related or affiliated with Zumada Limited. These trade marks belong to their respective owners.
Zumada and the Zumada logo are trade marks of Zumada Limited, legally registered in the United Kingdom (UK00002633799), and may not be used or copied without our express permission in writing. We reserve all rights including the right to take legal action in order to protect our intellectual property, copyrights and brand identity.
WHMCS is a trade mark belonging to WHMCS Limited.
Last Updated: 7th June 2014
Powered by WHMCompleteSolution