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CoalaWeb's Terms and Conditions

Written by Steven Palmer Thursday, 21 June 2018

Table of Contents

  1. Overview
  2. Scope of Services
  3. Payments
  4. Warranty Policy
  5. Support Policy
  6. Refund Policy
  7. Termination Policy
  8. Copyright and Ownership
  9. Software license
  10. Terms of Service Updates
  11. Privacy Policy
  12. How To Contact Us
Last updated on the 21st of June 2018

Overview

Buying and or using CoalaWeb products or services implies that the user/customer has both read and accepted these Terms and Conditions.

CoalaWeb (referred to as "we", "us" or "CoalaWeb") is a software development company. Our Company provides software download and support services for a fee, collectively called "subscriptions". All of our services are provided through the web site https://coalaweb.com (also accessible as https://www.coalaweb.com), henceforth called "the Site" or "our site".

Scope of Services

Short Answer

When your subscription expires you can no longer download any of the for-a-fee software including any version published in the past, versions already in your posession or updates published any time before or after the expiration of your subscription. Moreover, you no longer have access to our Pro support services.

Long Answer

Purchasing an extension will grant you full access to the extension's latest Pro version, future Pro updates and Pro support for the term of the subscription purchased. By purchasing an extension, you agree that:

  • All GPL extensions by CoalaWeb are released as Open Source GNU GPL v3.0 license releases and as such there are no other limitations or in other ways conditions beyond those stated as per the GNU GPL v3.0 license.
  • There is no warranty or in any other way any form of liability on the side of CoalaWeb.
  • CoalaWeb reserves the right to offer discounts or permanent price changes at any moment, without prior notice.

Once your subscription has expired you can still use the extension without restrictions. You can keep installing the version that you have downloaded from or website, on any website. Pro extension updates or Pro support will no longer be provided unless you renew your subscription.

The number of downloads is not limited, however users may not share their accounts. Sharing or other methods which allow for multiple, simultaneous downloads (and thereby affect the performance of this web site) are strictly forbidden and may result in termination of the support, account and updates that came with your purchase.

Payments

Payments can be completed through the PayPal payment system.

Don't have a PayPal account? No problem just use PayPal's Pay with Debit or Credit Card option! More Info

Warranty Policy

Our services are provided as-is, without any warranty whatsoever. Regarding the support services, we can not guarantee the validity or veracity of any provided information or suggestion.

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.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW COALAWEB, ITS OWNERS, STAFF, ASSOCIATES OR ANYONE AFFILIATED WITH ITS MAINTENANCE, OPERATION OR HOSTING BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF OUR PROGRAMS TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Should the applicable law hold CoalaWeb, its owners or any party affiliated with it liable for damages, the maximum amount of damages acknowledged shall be no higher than 5 dollars. Shall any dispute arise between CoalaWeb and a third party, the only applicable jurisdiction is the Courts of Law of New York, United States of America.

If you do not agree with these Terms, you are not allowed to use our services. Moreover, any use of our services implies the unconditional and immediate acceptance of the aforementioned terms, waiving your legal rights to uphold them. Acting in violation of these Terms of Service immediately terminates the business relationship between you and CoalaWeb.

Support policy

We only provide support to our subscribers through the Pro(subscription) sections of our site's support forum. Requesting support through any other means (such as but not limited to our contact form, email, social media or in person) is not acceptable.

Users that download and use our Core (Free) extensions or Core (Free) versions of our extensions, are not entitled to any support by CoalaWeb, however support to users of the free versions is given on a voluntary basis through the free (community) sections of our site's support forum.

Purchasing a subscription on our site does not constitute a service level agreement. All forum topics are answered on a "best effort" basis. If you have not received any response within 3 (three) working days, please use the Contact Us page to let us know of the issue.

Our working hours are listed in the Support Hours module at the top of the CoalaWeb Support Forum. You may create a support forum topic outside our working hours but you should have no reasonable expectation of receiving a reply outside of them. Kindly keep in mind that your support requests are answered by the same developers who write and maintain the software. This means that you get accurate replies to your requests by the most qualified people to answer them, resulting in a solution you can apply, at the expense of response time. We consider it far better than getting a nearly immediate but low quality reply which does not resolve your issue. If you wish to get an immediate response please search our public support forum and or our documentation. This is the same resources a non-developer support technician would use.

We reserve the right to deny support in cases where the root cause is beyond our control or has already been addressed, including but not limited to:

  • Older versions of our software. Support provisioning for older versions is limited to usage and configuration instructions, not bug fixes or feature requests (the latter are only provided for new versions).
  • When your server environment does not meet the published minimum requirements of our software (see the Compatibility page of our site). This also applies when your outdated environment restricts you into using an older version of our software which cannot be fully supported.
  • When you have modified the code files of our software or the environment it's running in (including but not limtied to PHP, the database, Joomla, or WordPress) a.k.a. "core hack".
  • The root cause lies with your server configuration or other technical measures imposed by your hosting provider and which are outside your and our control.
  • The root cause lies with third party software (such as extensions, plugins and scripts) which alter the behaviour of core APIs of your environment in a fundamental way or a way that's beyond reasonable expectations.
  • The problem or disruption lies in a third party service provider e.g. a third party storage provider.
  • The problem lies in configuration choices you made.

    In these cases we will try to identify your issue within reason and explain what we believe the problem is and how to seek a solution for it. Please note that when the problem does not originate from our code we cannot provide or apply a technical solution ourselves; your cooperation is necessary in these cases and lack of it will result in us denying further support on this issue.

We cannot provide support not directly related to our software or services. Indicatively, we cannot provide support for the following (not an exclusive list):

  • Using or configuring your operating system.
  • Hosting matters such as file management, PHP setup, web server configuration setup, usage limits.
  • How to use or configure your CMS / web application (such as but not limited to Joomla!)
  • Anything that is not part of the code that has been written by CoalaWeb but is part of the software package we distribute from our site such as the third party MaxMind GeoLite database.

We may be unable to provide our support services in the following occasions with the liability lying on the client:

  • The request or the conversation is conducted in a language other than English or when the language barrier makes it impossible to provide meaningful support. If you choose to conduct the conversation in a language other than English that one of our developers speaks you may receive much slower support due to tying of the support to the availability of one specific person. If nobody speaks your language at all or well enough we may ask you to switch to English.
  • We have asked for access to the affected site/service when we have concluded that the issue cannot be reproduced on any other server under our control but the access is either not provided at all or is impossible after a total of three attempts (initial credentials provisioning and two follow-ups with the client).
  • The language of the ticket or one of its replies includes contentious behaviour, foul 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 topics may be unpublished or deleted and a warning given. Repeated incidents may result in termination of the offending account without refund. Please bear in mind that we are trying to help you with an issue that's usually not our fault, doing complicated detective work with stark information. Calling us names or displaying irrational behaviour objectively blocks our ability to help you.
  • 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 displays behavior which indicates that they are unlikely to let us provide meaningful support. Such topics 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.

We are very careful to not cause any disruption or adverse effect on your sites in the course of our support provisioning. However, we assume no responsibility for any issues directly or indirectly caused by our support efforts, as per the "No warranty" article of this policy.

Refund policy

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 for-a-fee 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 and the Directive 2011/83/EU which replaces it.

However, if you have already downloaded our for-a-fee software and/or already made use of our software support services you are not eligible for a refund, even in the first 14 calendar days according to Directive 2011/83/EU, Article 16, §m which states:

The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

Explicitly: When you click on a software download link, or use any method provided by your web server/CMS to initiate such a download (including but not limited to installing updates via the Joomla! extensions update system), or request software support from us through our forum system you are giving us your express and unreserved consent to begin the provisioning of the software download and support service you have purchased from us, waiving your right of withdrawal from the subscription contract, making you ineligible for a refund. For more information Click Here

Renewals Refund Eligibility

Renewals are considered new purchases, not a continuation of your previous subscription. As a result you can get a refund in 14 calendar days before the conclusion of the contract which means:

  • Any time before the activation of your renewed subscription.
  • Within 14 days from the activation of your renewed subscription, but only if you have neither downloaded the software nor made a software support request since the exact date & time your renewed subscription was activated.

Download Service Clarification

Most of our software comes in two editions, a free of charge Core edition and a subscription-based Professional edition. We consider our software download services to have been provisioned only when you download the subscription-based Professional edition. Downloading the free edition of our software or any other item which is made available to the general public without the need for an active subscription (e.g. documentation) does not constitute performance of our download service. For example, if you have a subscription to CoalaWeb Traffic Professional for Joomla! but you have only ever downloaded CoalaWeb Traffic PCore for Joomla! and or its documentation then your right to withdrawal is not affected.

Support Service Clarification

Performance of the software support service begins at the exact time you create a forum topic or reply to an existing forum topic. Pre-sales requests, invoicing/transaction questions, user account (logging in) questions and communication through e-mail or the Contact Us page does not count towards the performance of the software support service. These are communications provided outside the scope of the software support service.

In any other case, no refunds will be given whatsoever. By using our software download and support services you explicitly declare that you accept our policy of no refunds beyond the provisions of the aforementioned European Union Directives and the member state laws which enforce it.

Further Clarification

If you bought the wrong subscription or you failed to use a valid coupon code you have in possession please contact us immediately. Even though we cannot issue a refund, we can always convert your subscription to the correct type and or adjust the duration of your subscription to match what you paid. If you have already purchased a new subscription to the correct subscription level with the correct coupon code please contact us anyway so we can determine the best way to rectify the situation which may be a full or partial refund, an extension/truncation of your subscription time or a combination thereof. Do not file a dispute with the payment processing company; it will only delay the process up to three months and may result in termination of your subscription in some cases.

If you redistribute our extension in any way or form, your subscription will be canceled and you forfeit the right to a refund.

Termination Policy

CoalaWeb reserves the right to terminate user accounts (free or paid subscribers) at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. Furthermore, CoalaWeb reserves the right to terminate user accounts if the user is posting unsolicited messages (spam), engaged in sites or services promoting the unauthorised distribution of proprietary or other distributed for-a-fee software (warez), directly promoting or linking to resources promoting indecent or unlawful actions, or in any other way trying to disrupt or diminish the quality of the services offered by this site. Account termination takes place without prior notice and is considered final.

We may also at any time, at our sole discretion, discontinue the products, website or services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the products, website or services.

Holders of terminated accounts, if they are paid subscribers, will not be refunded. CoalaWeb reserves the right to terminate any further user accounts created by the holder of a terminated account, or any other person, business or organisation affiliated with or endorsed by the holder of a terminated account.

Copyright and Ownership

The customer may not claim intellectual or exclusive ownership to any CoalaWeb products, modified or unmodified. All products are and remain the property of CoalaWeb except where the ownership clearly lies with other parties (such as for third-party libraries). CoalaWeb respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us about the matter.

Software license: GNU/GPL V3

CoalaWeb extensions are licensed under the terms of the GNU General Public License v3.0 (read the full details Here). You are authorized to make any necessary modification(s) to the products to fit your purposes. Redistribution of the original or any modified version must always be done in accordance with the GNU GPL license. In this case, you must also not change or remove the copyright information in the header of the xml descriptor file or the php file. Please contact us if you have any requirements that are not covered by these terms.

Additional Terms according to Section 2 of GNU/GPL V3

These additional terms refer to CoalaWeb and its Software/Applications/Programs/Extensions (hereinafter referred to as Extensions) and any updates to aforementioned Extensions.

"CoalaWeb" and all of the Extension names (non-generic) are trademarks of CoalaWeb. The licensing of the Extensions under the GPL does not imply a trademark license. Therefore any rights, title and interest in our trademarks remain entirely with CoalaWeb.

Except as expressly provided herein, no trademark rights are granted to any trademarks of CoalaWeb. Licensees are granted a limited, non-exclusive right to use the CoalaWeb logo in connection with unmodified copies of the Extensions.

If the licensee distributes modified copies of the Extensions, he/she has to:

  • Replace/remove all terms, images and files containing the term "CoalaWeb", any of the Extensions names and CoalaWeb logos.
  • Remove any code which causes connection to or any kind of load of servers managed by CoalaWeb.
  • The term "CoalaWeb" and any of the Extension names have to be removed from all visual outputs (front-end and back-end).
  • The copyright notices within the source code files must not be removed and have to be left fully intact.

In addition, licensees that modify the Extensions must give the modified Extensions a new name that is not confusingly similar to the original name and may not distribute it under the name "CoalaWeb".

The name "CoalaWeb" or any of the Extension names must not be used to endorse or promote products derived from the original name without prior written permission of CoalaWeb.

If any provision of this agreement is held to be unenforceable, it does not excuse you from the conditions of this License. If the licensee cannot distribute so as to satisfy simultaneously his obligations under this License and any other pertinent obligations, then as a consequence he may not distribute the Extensions at all.

You agree, that you will not hold the developers and or owners of CoalaWeb extensions liable for any loss or expenses incurred to you or others resulting from the use of CoalaWeb extensions.

Terms of Service Updates

We reserve the right to add, remove or modify any section, article or paragraph of our Terms of Service and Privacy Policy without prior notice. The date at the top of the document will be updated to the last modification date. All changes are effective immediately. We strongly recommend that you read this page periodically to stay up to date with our terms of service.

Privacy Policy

Please refer to our Privacy Policy page. For purposes of consent the Privacy Policy is considered to be an integral part of our Terms of Service.

How To Contact Us

If you have any question regarding our Terms of Service feel free to contact us by:

  • Sending an email to support at this domain name
  • Sending a tweet or a Twitter direct message to @coalaweb
  • Contacting us through our Facebook page
  • Alternatively, you can use our Contact Us form

GET IN TOUCH

We will be glad to help you with any general or technical questions.