Sale and Service Agreement
1 Terms of Sale
Please review this Sales and Service Agreement very carefully, before you purchase anything from this Website or from In-Portal’s affiliates. This agreement represents the Terms of Sale that govern your purchases from the Website and supplements the Terms and Conditions agreement. Terms of Sale in this agreement set out your rights and obligations with respect to your purchases from the Website.
Terms of Sale are limited to those contained in this Sales and Service Agreement as well as in the Terms and Conditions agreement. Should you convey, or attempt to convey, any additional or different Terms, by any means whatsoever, those terms are considered null and void, without notice of rejection.
Your purchase through this Website constitutes your full agreement to these Terms of Sale, as well as the Terms and Conditions.
2 Purchasing Support Services
When you order services from this Website (the Site, We, Us), by purchasing Support Services from an affiliate of In-Portal, you understand that a binding sale of these services is taking place and that you are liable for the cost of those services, which you have selected and have been outlined to you in processing your order. You also understand that you will be automatically billed for such services on an annual basis at the rates published at http://www.in-portal.com/support/customer_support.html unless a cancellation request is received in writing 30 days prior to the renewal of such services.
3 Purchasing Commercial Modules
Apart from In-Portal free software that is distributed by GNU GENERAL PUBLIC LICENSE, certain software (“Commercial Modules”), for example: In-Commerce™ or In-Auction™, is provided through a purchase on this Website. Such software is protected by a Commercial License (http://www.in-portal.org/commercial-license) and may not be distributed freely.
Once you order such software through the Website, you understand that a binding sale of licenses is taking place and you are liable for the cost of those licenses, which you have selected and have been outlined to you in the processing of your order.
Once you select a commercial software that you would like to download, the cost of that software’s license will be billed to you and you will be provided with a download access to that software. It is important that you download the selected software files to your local computer/network or media right away. While In-Portal will continue (at it its own discretion) to provide you with access to the selected (“downloaded”) software file(s), it makes no promises or guarantees of any kind on quality or duration of such service. It is solely your responsibility to download and store the purchased software. Our responsibility is limited to providing you with a one-time download access. If the transmission is interrupted in any way during download, you can use your e-mail and password to login into My Account are of the Site to begin the downloading process again.
4 Payments
You further understand that you are providing us with credit card information, sufficient to identify you as the holder of the card, and to process the payment via an online merchant banking provider and charge processing company for your purchase of Support Services or Commercial Modules. We do not consider the sale complete, or your order accepted, until (1) valid and legal payment has been received by us; and (2) we have sent you an E-mail or other written confirmation, confirming your purchase; and (3) you have an active account in good standing.
Thus, although you may be granted access to and use of the restricted areas of the Site to download the software immediately upon completing your purchase, the sale is not final until payment has been received and verified by us. Should payment not be received for whatever reason, we may block your access to and use of the Site and the software, until payment is received in full. In such case you agree to cease any use of the Software and/or purchases until the payment is received and verified by us.
5 Payment Methods
We accept Visa, MasterCard and Discover cards. When you provide us with your credit card information, we will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. We will not bill your credit card or process a transaction under your debit or check card until your purchase is finalized.
Debit cards and check cards may have daily spending limits that could delay the processing of your purchase substantially.
We require the credit, debit, or check card security code for your card for any online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, MasterCard or Discover).
6 Proof of Purchase
We will send you a confirmation of your purchase via email to the email address registered with your account.
7 Refunds / Exchanges / Warranty / Cancellation
Due to the nature of the provided services, download access to the Commercial Software, and the Internet in general, we have a strict ‘no refunds’ policy for Purchased Support Services and Commercial Modules. Any and all sales through the Website are final and cannot be cancelled, refunded or exchanged. Please do not make purchases unless you understand and agree that any payment made is not refundable.
Since we allow you to “preview” Commercial Software through an online demo before downloading it, all Commercial Software downloads are final and once downloaded, you will be billed for the cost of such software’s license. There will be no refunds or exchanges.
8 Governing Law
The Laws of the State of Illinois, exclusive of its conflict of law principles, will govern these Sale and Service Agreement. Any arbitration or litigation over the Sale and Service Agreement and Terms and Conditions will take place in Lake County, Illinois. By registering or subscribing with us, you understand that you are consenting and submitting to the personal and subject matter jurisdiction of the Federal and State Courts located in Lake County, Illinois.
9 International Sales
We are able to accept transactions from outside the United States and Canada, if the customer can satisfy the requirements of the third party payment gateway mechanism to complete the transaction. Export contrary to United States or Illinois law is expressly prohibited.
10 Reservation of Rights
We reserve the right to change any or all of these Terms of Sale and Service at any time, without notice. In the case of any dispute as to which set of terms and conditions apply, the terms and conditions that were in force on our Site at the time of sale will be the conditions that prevail.
11 Internet Disclaimer
Your connection to the internet requires access services from your local internet provider. Please contact your local provider for details, and if you have any questions regarding your connectivity.
12 Limitation of Liability
Neither In-Portal nor its associates will be liable for lost profits, theft or business, personal or billing information that is submitted through the site, or other considerable, special, direct or indirect damages, even if advised of the possible occurrence of such damages, or for any claim by any third party.
Neither In-Portal nor its associates will be held liable for products that are not available for use or for lost, damaged or corrupted data or software of the performance of services by third parties.
The customer consents that neither In-Portal nor its associates are liable or responsible for any amount of damages above the dollar amount paid by the customer for the product(s) or service(s) that commences their claim.
