BeProSoftware.com Terms AND Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

License to use website

BePro Software is a brand owned and ooperated by Beyond Programs Ltd. Unless otherwise stated, Beyond Programs Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or [OTHER CONTENT] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material or applications from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website [except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website or applications sold on this website, in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website or applications sold on this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Beyond Programs Ltd’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Beyond Programs Ltd’s express written consent.

Restricted access

Access to certain areas of this website is restricted.] Beyond Programs Ltd reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Beyond Programs Ltd’s discretion.

If Beyond Programs Ltd provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Beyond Programs Ltd may disable your user ID and password in Beyond Programs Ltd’s sole discretion without notice or explanation.

REFUNDS

By purchasing products and or services on www.BeProSoftware.com, you agree to the following refund terms. Furthermore, you agree that they are fair, considering the lack of control of digital products after purchase.

Multiple product types are available on BeProSoftware.com. Each product is treated differently. Note the following

  • Single Products – 100% refund when our team confirms its not functional and not repairable within 30 days of purchase. For any other reason within 30 days, you can request a 50% refund
  • Reward Points – Refunded within 30 days of purchase, IF NONE of the points are used, no questions asked.
  • Subscriptions – No refunds
  • Service hours – 100% Refund IF, work is not extended

NOTE: In all cases where we agree to refunds, they can take up to 30 days from the date of agreement, to be processed and show up on your payment invoice.

NOTE: Refunds end all access to, support, updates and services on BeProSoftware.com, related to each refunded item.

NOTE: If you download a product for FREE, as a perk of subscription, all support for that product ends when your subscription ends. This includes access to updates. For continued access to, new features, security patches, tutorials, support and so much more, you should consider subscriptions as an ongoing partnership for the life of utilizing our products

NOTE: For our team to consider a product is not functional or repairable, you must provide access to your server hosting and CMS administrator rights, for a minimum of 15 business days. Issues caused by your server’s lack of advertised requirements, is not the fault of the software product and will not be covered by the refund policy. Issues caused by a conflict with a product we do not create and do not advertise compatibility for, is not the fault of the software product and will not be covered by the refund policy. If you are unwilling to go through this process for any reason, the product will be considered functional.

NOTE: In all cases, you must attempt contacting us via our website’s contact form. If a response is not received within 3 business days, you must reach out via email ([email protected]). If a response is not received within 3 business days, you must reach out via our websites forums. Contact options can be used in any order consecutively

NOTE: Chargebacks or Payment Disputes created solely for the purpose of circumventing these Terms will be defended vigorously and result in $0 being returned.

Vendors

Anyone can apply to become a vendor on BeProSoftware.com. For the purpose of this agreement, a product is a digital application which is designed to help users accomplish an internet based task. If your product is accepted, your sales will be governed by the following terms.

1. Commissions are paid once monthly via paypal. Money order is possible when your commissions exceeds $30, in which case the cost of the money order and mail is subtracted from your commission.
2. Commissions are 75% of the total
3. Vendor products are eligible for all discount promotions. E.g. With a 10% discount on a $100 product, your commissions are 75% of $90
4. Do not upload or attempt to sell malicious products or content through BeProSoftware.com
5. You are not allowed to bundle any product created by the BePro Software Team with your own
6. You can re-sell the products you create on other websites
7. If a customer performs a chargeback or is refunded, you forfeit your portion of the sale. In the case where this happens after you have been paid, your account will be negative until the balance is repaid.
8. You must make an effort to keep your product compatible with all associated products. E.g a BePro Listings addon must be compatible with the latest version of WordPress and BePro Listings
9. If your country requires that you collect tax, its your responsibility to include it in your price. E.g. if you are located in the EU, you may need to consider VAT.
10. All products must be translation ready
11. You must provide support to customers for their purchase of your product or note that support is not available in your product description.
12. Your product must be related to products distributed by the BePro Software Team
13. You must provide installation and configuration documentation if applicable.
14. All information posted to BeProSoftware.com must be truthful and kept up to date.

Failure to follow the rules risks deletion of your product and account from BeProSoftware.com. In such a case, you forfeit all revenue which has not been released.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Beyond Programs Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Beyond Programs Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Beyond Programs Ltd or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Beyond Programs Ltd reserves the right to edit or remove any material submitted to this website, or stored on Beyond Programs Ltd’s servers, or hosted or published upon this website.

Notwithstanding Beyond Programs Ltd’s rights under these terms and conditions in relation to user content, Beyond Programs Ltd does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Beyond Programs Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Beyond Programs Ltd does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Beyond Programs Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

[to the extent that the website is provided free-of-charge, for any direct loss;]
for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Beyond Programs Ltd has been expressly advised of the potential loss.

Commercial License

All purchases on BeProSoftware.com are restricted to one domain name, unless otherwise expressly noted. You are allowed to utilize the product on unlimited subdomains. Use of any product downloaded from beprosoftware.com outside of one domain requires a commercial license.

A commercial license allows you to use the downloaded product(s) for any purpose including, but not limited to, bundling with other solutions

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Beyond Programs Ltd’s liability in respect of any:

death or personal injury caused by Beyond Programs Ltd’s negligence;
fraud or fraudulent misrepresentation on the part of Beyond Programs Ltd; or
matter which it would be illegal or unlawful for Beyond Programs Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Beyond Programs Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Beyond Programs Ltd’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Beyond Programs Ltd’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Beyond Programs Ltd.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Beyond Programs Ltd and undertake to keep Beyond Programs Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Beyond Programs Ltd to a third party in settlement of a claim or dispute on the advice of Beyond Programs Ltd’s legal advisers) incurred or suffered by Beyond Programs Ltd arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Beyond Programs Ltd’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Beyond Programs Ltd may take such action as Beyond Programs Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Beyond Programs Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Beyond Programs Ltd may transfer, sub-contract or otherwise deal with Beyond Programs Ltd’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with DOCUMENTS, constitute the entire agreement between you and Beyond Programs Ltd in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Canadian LAW, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Canada.

Updates

We reserve the right to update these terms and conditions at any time without any requirement of advanced warning. You must be subscribed to our FREE newsletter to receive notification of updates. No other notification process should be expected

Registrations and authorizations

Beyond Programs Ltd is registered in Nova Scotia, Canada. You can contact Beyond Programs Ltd by email via [email protected]


Date: Terms and Conditions was last modified: August 26th, 2015 by BePro Software Team Management at BeProSoftware.com