Terms and Conditions

Comersus.com, Terms and Conditions, updated Sept. 10, 2007

Website

By entering the site http://www.comersus.com, you agree with the following terms and conditions:

1. Neither Comersus Open Technologies LC nor the persons involved in the development of the programs and software packages produced shall be responsible for any lawsuit stemming from the use of the software downloaded from this site
2. Comersus Open Technologies LC (or his resellers or associates) reserves the right to contact the registered users in relation to any of the provided software products
3. The software license conditions are specified in the documentation included with Free Distribution
4. Comersus Open Technologies LC reserves the right to modify these conditions showing such changes in the website

Technical Support

Users of Comersus' free version can request technical support at www.comersus.org. Any query posted in this site will be manually moderated so as to verify that the same complies with the following requirements: A. Messages should refer to technical consults about Comersus shopping cart, default version B. Messages with rude, vulgar or offensive content are not allowed C. Links and personal information are not allowed. Comersus reserves the right to delete or edit messages at its own discretion. The assistance provided in this forum consists in recommendations that the software user should implement.

Power Pack customers can request technical assistance in the previously mentioned free forum. At the same time, they may hire private support plans or remote assistance services. Comersus will only be able to provide assistance related to the Power Pack after confirming that the customer has a legal copy of the software purchased at comersus.com

Comersus Resellers should request technical assistance using the private support system.

Regarding private support

After hiring Technical Support Program, a customer can request technical support using Comersus Tech Support online system only. The limits of support requests by month and the estimated response time will be presented in the site and could change depending on current support requests. The customer can request technical support regarding the purchased packages and original version only. The technical representative will determine the status of one incident as in process, closed, etc. The support provided will include only general explained instructions about the problems presented. The customer is responsible for implementing the solutions explained by Comersus Technical Support. Comersus Technical Support could charge the customer $70/hour for remote installation works, programming works, and any other task outside the normal assistance explained before. Comersus can also charge the customer for requests outside the limits presented on the site

Upgrades

Comersus provides free upgrades for the Free Distribution software to any user or customer. Said upgrades can be downloaded from our site, comersus.com. Power Pack upgrades are provided through a paid program called Version Upgrade Program. To get the Version Upgrade Program, customers need to prove they have a valid license of Power Pack, Multilicensing or Reseller Kit purchased at comersus.com Upgrades are provided through a web system. The activation of profiles to start downloading upgrades may take 24 business hours.

Software Delivery

Our software is delivered through a link sent in an e-mail usually in less than 5 hours but it could take more. If you need the software immediately please consult us before posting an order. It is the responsibility of the customer to allow the reception of e-mails sent from comersus.com. In case of SPAM filter blocking, customers can contact us so as to request the re-send of the link from an alternative account.

The software purchased from comersus.com is automatically distributed, and the link will remain active during 5 days after purchase. If the original file is lost after this period, the customer may request the software to be re-sent free of charge during 30 days. If the request is made after this 30-day period, the customer will be charged $35 for order and payment verification, original version recovery, and delivery costs.

Refund Policy

If for any reason you are not satisfied with your purchase simply notify us to receive a refund, minus a handling and transactions fee of 15% for every software copy. 2Checkout Payments will receive a full refund. You must handle all refund requests by contacting us at http://www.comersus.com/contact.html

We will answer with a refund form that must be completed and signed. The form should be sent by fax or email attachment.

IMPORTANT: the form must be sent within 5 business days of the purchase date. Usually refund process takes 10 days.

Services like Customization Works, Version Upgrade Program, Hosting, multilicensing and Reseller Kits have no Refund.

Customization Works

100% of the price should be paid in advance. With the payment, the customer approves the latest project details. The customer cannot make modifications at a later time or they will be estimated separately. The customer has 5 business days (guarantee period) to test the customization work and make a claim if something is not working as requested. Customers are responsible for testing works delivered by Comersus and for reporting any related issue within the guarantee period. In case a problem is reported once this period has expired, even when the problem may be caused by a Comersus error, the customer will have to pay 1 hour to diagnose the issue, according to current prices. Once the results of the diagnostic are obtained, it will be then determined if additional charges apply. For some Customizations, Comersus reserves the right to ask the payment using Wire Transfer. Unless a special agreement is made, Comersus reserves the right to use Customizations developed, or part of them to be released in the Free Distribution, Power Packs or to be provided in the Free Downloads Page.

Unless specifically indicated, customizations consist in the delivery of files as e-mail attachments. Customer is responsible for implementing the modifications.

Remote access for customizations or support works

In the case a customer may provide remote access to his servers, Comersus will not be found liable for any complaint related to the loss, modification or integrity of the data or files contained in the customers' computers or hosting spaces. Customers are responsible for doing a previous backup, thus guaranteeing the safeguard of the corresponding data. It is also the customer's responsibility to change the login data provided to Comersus once the remote work is finished. Occasionally, Comersus will require copying part or the whole of the data contained in the Comersus Cart database for testing, diagnosis or other purposes. Should there be any confidential information, the customer should inform this beforehand and specifically limit the access to said information.

Regarding security in installations

Default installation jobs quoted by Comersus do not include diagnostics or implementation of security measures. Said installations could have standard passwords, database and backoffice placed in default locations, etc. Customers should later on implement the security measures recommended in the User's Guide and our website. Alternatively, customers could hire Comersus to implement said security measures during installations. This is a separate service and needs to be quoted according to the customer's case.

Affiliates

The affiliates program ends on September 15, 2007. Affiliates will have the chance to claim any moneys owed to them up to that date. According to previous terms and conditions, if the affiliate does not have more than one order in relation to his profile, he has no right to claim commissions.

Hosting Conditions

Setup: accounts will be created in 24 hours or less since Comersus receive the domain name to be used. The customer is responsible for transferring the DNS of the domain to our servers. A customer can request technical support using Comersus Support System only. The limits of support requests by month and the estimated response time will be presented in the site and could change depending on current support requests. The customer can request technical support regarding the hosting service only. The technical representative will determine the status of one incident as in process, closed, etc. Backup: the customer is responsible for making backups of their own site to prevent data loss. Refunds and cancellation: there are no refunds for hosting services, any cancellation must be informed by email 10 days before the cycle ending. Comersus reserves the right to change servers, service details and to terminate any hosting contract at a prior time than stipulated. SPAM, frauds and Copyright infringement will not be tolerated.

The Comersus shopping cart is not installed in the hosting accounts by default. Comersus just provides the components and DLLs expressly mentioned at comersus.com/hosting.html. Comersus does not allow the installation of user components or DLLs in their shared hosting plans. Neither does it allow making special configurations of ports or services. If a customer needs special configuration of components, ports or services, due to recommendations made by security audits or other causes, he should then hire a dedicated web server service.

Chargebacks and Frauds

Comersus reserves the right to terminate any contract and to deny service or assistance to any customer or company that has requested a chargeback for an order. Comersus also reserves the right to terminate any contract and to deny service or assistance to any customer or company that has provided incorrect personal information in posted orders.

Since there is a clear and explicit refund policy, Comersus does not accept any type of chargeback or chargeback threat. In case of receiving a chargeback threat the same will be reported to chargeback abuser databases, regardless of the fact that the chargeback may be actually made later on.

In the event that a chargeback is placed on a purchase, Comersus reserves the right to report the incident for inclusion in a chargeback abuser database. The information reported will include name, email address, order date, order amount, IP address, full address, and phone number. 2Checkout orders are excluded from chargeback abuse database but Comersus reserves the right to derive the details of the case to a collection agency or to assign or sell the chargeback details to an external company to recover the moneys owed.

Reseller Kit Conditions

An official Comersus Reseller can resell unlimited copies of the Free Distribution and the Power Pack. The Reseller may raise, but not lower, original Comersus Power Pack price. The Reseller can only resell individual copies to final users. The Reseller cannot have his own resellers. The Reseller may not change the brand Comersus by any other brand without getting the re-branding option for the Reseller Kit. The Reseller may not resell individual features like Newsletter, Hot Deals, etc. The Reseller is responsible to provide Support to his own customers. Reseller Listing, Technical Support and Version Upgrade Programs are included for one year and may be renewed for another year. The Reseller may not sell the software in auction sites like eBay. The Reseller may not list the application, services or any advertising related to Comersus in the same sites that Comersus is currently published. The Reseller may not list the application, services or any advertising related to Comersus in shareware sites or public software listings like Cnet, Download.com and others. The Reseller must distribute the original Free Distribution without modifications unless it has a Rebranding option, in this case the Reseller is able to remove all Comersus references from the original ZIP files. If the Reseller has the Rebranding option, it can change "Comersus" by the legal company name. The Reseller with rebranding cannot advertise services or products using "shopping cart" or "web cart" or "cart" keywords. Training included in the Reseller Kit must be coursed in Miami, within 3 months as of the purchase date. After that period, the training course cannot be claimed. The Reseller shall not make SPAM to advertise Comersus Software. City or Country Exclusivity are optional agreements not included by default with Reseller Kits. Any violation to these conditions will produce the termination of the agreement and the Reseller status. In case of violation of the Reseller Conditions, the Reseller shall not be able to sell or distribute Comersus Cart or paid add-ons. In case of violation of the Reseller conditions the Reseller will have to remove any advertising and listing of their services related to Comersus. Reseller Violation will be informed by email or fax. Special Reseller conditions could be discussed; in that case this agreement is not applicable.