Customer acknowledges that the Free Version is provided at no charge, and therefore, the terms that govern use of the Free Version are different, in part, from the terms that govern use of the Paid Version. The specific provisions that relate only to the Paid Version are set forth in Sections 6 (Paid Version). All other non-specified terms shall apply to both the Paid Version and Free Version. If Customer upgrades from the Free Version to a Paid Version, Customer acknowledges and agrees that the terms that govern the use of the Paid Version shall automatically apply to Customer upon such upgrade.
CUSTOMER’S RIGHT TO USE THE PRODUCTS AND SERVICES IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THESE TERMS. BY CLICKING ON THE “ACCEPT” BUTTON AND/OR USING THE PRODUCTS AND SERVICES, YOU ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE PRODUCTS AND SERVICES ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS ON ITS BEHALF. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE PRODUCTS AND SERVICES.
- “Content” means all text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that may be viewed on, accessed through, or contributed to the Services.
- “Customer Content” means Content contributed to the Services by Customer.
- “Customer Data” means all Customer registration information and other transaction data collected, processed and retained by Blue-coder in connection with providing the Services.
- “Plan” means Blue-coder’s free or any paid plans, as applicable and as further described on Blue-coder’s website.
- “Services” means the services hosted by Blue-coder and provided to Customer under this Agreement.
- "Products" means any file distributed by Blue-coder and provided to Customer under this Agreement.
- “Systems” means modems, servers, software, network and communications equipment and ancillary services that are owned, controlled or procured by Customer.
- “Updates” means any patch, revision or update to the Products and Services delivered by Blue-coder.
Blue-coder.com is not affiliated with or endorsed by The Joomla! Project™. Any products and services provided through this site are not supported or warrantied by The Joomla! Project or Open Source Matters, Inc. Use of the Joomla!® name, symbol, logo and related trademarks is permitted under a limited license granted by Open Source Matters, Inc.
You may use each individual product on as many websites you want, under the terms of it's license.
You are authorised to make any necessary modification(s) to our products to fit your purposes. The source code must retain the copyright notices and prominent notices about it's License.
You may not sub-license, assign, or transfer your subscription to anyone else without prior written consent from Blue-coder.com.
Customer agrees to pay Blue-coder the fees, in the amounts and at the times specified in the selected Plan.
6.2. Payment Terms
The Plans are billed in advance on a monthly, biannual or annual basis, depending upon which payment plan is chosen by Customer. In case of service renewal before it's expiration, the time of the service will start counting after the expiration of the previous plan.
6.3. Return/Refund Policy
6.3.1. In compliance to EU directives, you are entitled to 30 calendar days of "cool-off" period. If within those 30 calendar days you have not used our services (explicitly: you have not downloaded our software and have not requested software support) you are eligible for a full refund of your purchase, no questions asked. This "cool-off" period is provided in accordance to Article 6, §1 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
6.3.2. However, if you have already downloaded our software and/or already made use of our support services you are not eligible for a refund, per Article 6, §3 of Directive 97/7/EC which states that the consumer may not exercise the right of withdrawal "for the provision of services if performance has begun, with the consumer's agreement, before the end of the seven working day period referred to in paragraph 1". Explicitly: when you click on a software download link or request software support from us you are giving your agreement to begin the provisioning of the software download and support service you have purchased from us, waiving all your legal rights with regards to withdrawal from the subscription contract, making you ineligible for a refund.
6.4. Files Accessibility
Once the Customer's payment is cleared, he/she will receive an email notifying the Customer that the subscription Plan was successful.
Signing in our site permits access to the appropriate download sections , in order to download the files related with the Customer's Plan.
Accessing Paid Products and Services requires an active Plan from the Customer.
6.5. Product Use
6.5.1. The Paid versions of our products will continue working, even after your Plan expires.
Though we do not guarantee any compatibility with the system over which they work (server, php, mysql, Joomla, etc.), in the future.
6.5.2. Access to updates for Paid version, requires an active Plan for the current product.
Blue-coder.com does not warranty or guarantee these products in any manner. We cannot guarantee they will function with all 3rd party extensions or templates as there is currently no certification process for such extensions or templates.
THE SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF AVAILABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY AND PERFORMANCE OF OUR SERVICES IS WITH YOU. SHOULD ANY OF OUR SERVICES PROVE INEFFICIENT OR UNSUITABLE, YOU ASSUME THE COST OF ALL NECESSARY ACTIONS TO RECTIFY THE ISSUE.
8.1. Our support aims to make our extensions functional, according to their specifications.
8.2. Support is only offered to our active subscribers through our ticket system under the following conditions:
- Tickets should only concern the extensions that covered by the active subscription/s.
- The most recent version of the extension is used.
- Our code remains unmodified.
- No 3rd party extension, alters functionalities provided by our extensions.
- Our extensions are installed in an environment that meets the minimum requirements, as described in our documentation pages.
- English language is used. English language should be expressed fluently and clearly.
We have the right to refuse offering support if the above conditions are not met.
8.3. Additionally we may refuse to provide support with the liability lying on the client in the following conditions:
- The language of the ticket or one of its replies includes contentious behaviour, demeaning language, bigotry / racial slurs or otherwise strongly indicates that it is highly unlikely that you are willing to help us resolve your issue in a meaningful and mutually beneficial way. Such tickets may be unpublished or deleted and a warning given. Repeated incidents may result in termination of the offending account without refund.
- The client requests a feature that does not exist or an integration with a 3rd party extension. We appreciate our client's requests and feedback and those are guiding us to the further development of our extensions. Though the development of non existent features, cannot be provided within the context of the support. Repeated requests from the client to provide such a feature for free, can lead to ticket closure.
- The client does not accept our technical analysis without a meaningful or technically adequate counter-argument, declines to follow our advice in whole or in part, disputes our suitability to provide support, declines to provide information deemed necessary to perform troubleshooting, declines to pursue the matter with their host or a third party developer that we have identified as the root cause of the issue or otherwise acts in bad faith. Such tickets will be closed without further reply and further support for the same issue will be denied. Requesting support from us does not guarantee a solution and we provide no service level agreement whatsoever. Even though we will do whatever is humanly possible for us to help you, there are things objectively outside our control - such as limitations of the programming language, restrictions imposed by your ISP / host, technical limitations of your CMS / web application etc- which may prevent us from offering a solution. In these cases we will present you with our technical analysis and tell you who's responsible for the root cause of your issue. At this point you are to accept the issue as resolved from our side. Should you need to pursue this matter with the person, company or organization responsible for the root cause is entirely up to you and we cannot interfere, prevent or help you with this endeavour in any way.
8.4. Providing us access to servers, files and processes is done with the client's liability. We do not provide warranty nor we take any responsibility for damages caused by our actions in such cases.
8.5. Blue-coder has the right to charge in accordance with its then current policies for any support services resulting from problems, errors or inquiries relating to systems or any other network, equipment, service or software not owned, controlled or procured by Blue-coder
Blue-coder.com reserves the right to change or modify the current Terms and Conditions with no prior notice.