Terms of Use

Definitions

  1. “Company” is Affinity Information Technology, s.r.o. (LTD); its registered address is Svätoplukova 21, 040 01 Košice, Slovakia. Company Registration Number: 44169990, registered at Business Register of Commerce Court Košice I, Section Ltd. (Sro), insert No. 21822/V. Company email address for pre-sale enquiries is info@ait-themes.club.
  2. “Webpage” is the webpage located at the following address: https://www.ait-themes.club
  3. “Theme” is the web template developed by the Company and located at webpage with the intention to sell it.
  4. “Premium Theme” is theme marked on website as Premium Product.
  5. “Directory Theme” is theme marked on website as Directory Product.
  6. “Plugin” is the web plugin developed by the Company and located at webpage with the intention to sell it.
  7. “Premium Plugin” is plugin marked on website as Premium Product.
  8. “Directory Plugin” is plugin marked on website as Directory Product.
  9. “Graphic” is the graphic file developed by the Company and located at webpage with the intention to sell it.
  10. “Premium Graphic” is graphic marked on website as Premium Product.
  11. “Directory Graphic” is graphic marked on website as Directory Product.
  12. “Service package” is the paid service of the Company offered to Customers via the Webpage.
  13. “Customer” is a person who registered themselves at the Webpage and paid for some of Service packages.

Service Packages

The Company provides the following Service packages to its customers, along with description of services contained therein.

Single Product

  • Access to 1 single product
  • 1 Year Updates
  • 1 Year Technical support

Full Membership

  • Access to all themes
  • Access to all plugins
  • Access to all graphics
  • 1 Year access to all themes
  • 1 Year access to all plugins
  • 1 Year access to all graphics
  • 1 Year Theme updates
  • 1 Year Plugin updates
  • 1 Year Technical support

Value-added Tax (VAT)

The person liable for payment of VAT is the person to whom the service is supplied (according to Articles 193 to 196 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax as amended by Council Directive 2006/138/EC of 19 December 2006). VAT is added to Service package price in accordance with the respective Act of the Slovak Republic if a Customer is registered as a VAT payer and provides the Company with a correct VAT Number. VAT is governed by Acts of the Slovak Republic and by the Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the Common System of Value Added Tax.

Registration and Payment

  1. If a Customer would like to use some of the Service packages, they have to register themselves on the Webpage.
  2. Upon registration the Customer submits the requested data such as: email address (used as login), password, company name, company address , country, Company Registration Number, and if the Customer is a VAT payer, also their VAT Number, and they are asked to pay the price of the Service package they chose. The Customer is also obliged to familiarize themselves and to agree with these Terms of Use. The Customer bears responsibility for the trueness of the data they stated.
  3. Service packages are paid for directly via Braintree by PayPal.
  4. Payment details such as credit card number are not being sent or stored on any Company server.
  5. After the Service package is paid for, Customer’s login and password are activated, enabling them to login to the Webpage and to download themes.
  6. Customer agrees to be contacted via Email regarding Company products and services.

Upgrading to a Higher Service Package

  1. Customer that purchased Basic Membership or PremiumX Membership is entitled to upgrading to a higher Membership within 30 days of original purchase date.
  2. Customer that purchased Directory Theme, Directory Plugin or Directory Graphic is entitled to upgrading to Directory Membership within 30 days of original purchase date.
  3. The upgrading is done after logging onto the Webpage and following the Customer’s paying the price difference between the higher Service package and the current Customer’s Service package.
  4. Payment for such upgrade to a higher Service package is done via Braintree by PayPal.
  5. The validity of the higher Service package is the same as the validity of the original Customer’s Service package.
  6. If the current Customer purchases higher Membership later than 30 days following the original purchase date, Customer pays the full price of the higher Membership. Validity of the higher Service package will be 1 year from the day of payment.

Renewal of the Service package validity

  1. Validity period of each Service package is 1 year.
  2. Prior to the expiration of Service package validity period the Customer is informed via automated email.
  3. If a Customer is interested in the renewal of the Service package validity, they are obliged to renew Service package validity after logging onto the Website.
  4. Service packages are renewed via Braintree by PayPal.

Money Refund

  1. If a Customer is not satisfied with the Service package, they are entitled to request money refund from the Company.
  2. Special offer bundles are not refundable.
  3. Service package renewals are not refundable.
  4. The right to money refund may only be applied by the Customer within 10 days from the day of their registration and first theme purchase.
  5. Once the money is refunded, the Customer’s access to the Website using their login and password is cancelled and the Customer’s license to use themes, plugins and graphics is terminated.

Technical Support

  1. Each Service package contains technical support provided by the Company under the conditions stated below.
  2. Technical support is only provided Monday through to Friday from 9 a.m. to 5 p.m. Central European Time.
  3. Technical support includes support of proper properties and theme functionality.
  4. Technical support does not include: general WordPress functionality support and set up, help with theme modifications and customizations, third-party plug-ins set up and compatibility assurance, extending default theme features and solutions for functionality which is not presented within theme.
  5. Technical support is primarily provided in English language.

Personal Information Protection

  1. Upon their registration, Customers agree to provide their personal information to the Company and agrees with these information to be processed by the Company.
  2. All personal information provided by a Customer to the Company is processed by the Company solely in order to sell a Service package to the Customer.
  3. The Company does not provide any Customer related information to third parties.
  4. When processing the Customer’s personal information, the Company follows Directive 95/46/EU of the European Parliament and of the Council of 24 October 1995 on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data.

Limitation of Liability

In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who modifies and/or conveys the theme or plugin as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the theme or plugin (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 the theme or plugin to operate with any other themes or plugins), even if such holder or other party has been advised of the possibility of such damages.

Changes of Terms of Use

The Company reserves the right to unilaterally modify these Terms of Use.

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