To be brutally honest this is the shit part about doing business, the legal mumbo jumbo. But it is the price of doing business in a modern world. Enjoy :)
Shoosh Monkey IT Solutions will not be liable under any circumstances for any indirect, consequential or incidental damages related to your use of our products and services, and the amount of any direct liability owed by Shoosh Monkey IT Solutions here-under is limited to the amount payments it has previously received from you for the product in the current financial year.
These General Terms and Conditions, and/or the related Statement of Service Contract or Proposal, form together the “Agreement” that govern the implementation or provision of services by Shoosh Monkey IT Solutions.
“OurCompany” refers to Shoosh Monkey IT Solutions company identified in the Service Proposal Contract. “Licensee” refers to the company subscribing to the consultancy services or the Licensed Program.
The present general terms and conditions are applicable to any sale of software license and access to software services carried out by OurCompany. They do not apply to provision of consulting, coaching or implementation services.
They are considered as formally and explicitly accepted by the Licensee.
They remain valid even in cases where they contradict the general or special terms and conditions of Licensee, unless OurCompany has accepted the latter conditions explicitly and in writing.
1. "Licensed Program": The term Licensed Program shall include the software application as described in the purchase and related licensed materials and data, access to which is granted supplied to the Licensee under this Agreement
2. "Use": Unless otherwise defined in this Agreement, the term Use shall mean the use of all or any part of the Licensed Program. The rights granted are further specified in the License section of this agreement.
3. "Services". Unless otherwise defined in this Agreement, the term Services refers to but not limited to contracting, consulting, advice or support given to the Licensee by any member or associate of the OurCompany.
1. The Agreement is effective from the date that the Service Contract Proposal/Statement of Service/Quote/Estimate is approved or agreed to by both parties.
2. In addition to the remedies provided, OurCompany may immediately terminate the Agreement in total upon written notice if (a) Licensee becomes insolvent, files a petition of bankruptcy (or any similar petition under any insolvency law of any jurisdiction), ceases its activities, or proposes any dissolution, or (b) Licensee is in severe violation of this Agreement.
3. Right to use the license can be terminated for convenience, depending on the subscription model chosen, as described in the Service Contract Proposal.
4. Approved requests to Trial or test Licensed Program prior to purchase will be granted access to the Licensed Program for a period of no more than 30 days. After which the Licensee can decide to purchase, but the use and termination of the Licensed Program trial is bound by this Agreement .
1. Upon payment of the due amounts, OurCompany grants to Licensee
· A non-transferable and non-exclusive right of access to the Licensed Program
· A non-transferable and non-exclusive license to use the Licensed Program for data processing with its business partners in accordance with its intended use.
2. The parties hereto expressly agree that the Licensed Program, to the extent that it would be modified, will replace as modified version the original or previous version of such Licensed Program and henceforth be subject to all rights and obligations as mentioned in this Agreement, including but not limited to, the provisions concerning term, rights of use ("license"), protection and security, title, default, limited warranty, patents and copyrights, unless such matters are regulated differently in this Agreement.
3. Any modifications made to this Licensed Program require written permission from OurCompany.
4. Demonstration of the Licensed Program internally or to 3rd parties requires written permission from OurCompany.
5. OurCompany reserves the right to terminate and enforce the deletion of the Licensed Program at the end of any agreed demonstration period, Beta testing period or for misuse.
All intellectual property rights in, title to or ownership of the Licensed Program and the services delivered by OurCompany shall at all times remain with OurCompany.
You are responsible for your use of the Service and the Licensed Program and you indemnify us
You are responsible for all activity that results from use of the OurCompany's Services through your account. You are responsible for maintaining the security of your account and password. OurCompany will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure.
You indemnify OurCompany against all forms of liability, actions, proceedings, demands, costs, charges and expenses which OurCompany may incur or suffer as a result of use of the OurCompany's Services through your account or as a result of your failure to comply with these Terms.
We want you to be fully satisfied with every item that you purchase from www.shooshmonkey.com. If you are not satisfied with a product that you have purchased, please email us at email@example.com within 30 days from the order date for a full refund of the purchase price, minus the transaction fees from Stripe or any other fees incurred in the original purchase.
You agree that in order for a full refund, your usage of the Licensed Program must cease and the Licensed Program be deleted and removed from the trash. Refund is subject to the financial institutions (Stripe/PayPal) conditions and timeframes.