TERMS AND CONDITIONS OF PURCHASE
YOUR PURCHASE AND USE OF THIS SOFTWARE (“SOFTWARE”) IS CONDITIONAL UPON YOU AS THE CUSTOMER AND LICENSEE (“YOU”), AGREEING TO THE TERMS AND CONDITIONS OF PURCHASE SET OUT BELOW (“THIS AGREEMENT”).
ACCEPTANCE SHALL BIND YOU AND ALL OF YOUR EMPLOYEES TO THE TERMS OF THIS AGREEMENT. PLEASE PRINT A COPY FOR YOUR RECORDS.
GRANT OF LICENCE
Upon payment of the specified purchase price for the Software, Smart-X Software Solutions Limited (“we”, “us” and “our”) agrees to provide you with:
a. a license file to use the current version of the Software you have purchased in accordance with the terms of the End User License
Agreement (“EULA”) for that Software; and
b. The right to receive support and updates with respect to the Software for a fixed period of time (“initial term”) in accordance with
these terms and conditions. Unless we specify a different period of time to you at the time you purchase the Software (or unless we
separately agree otherwise), the initial term will be 12 months commencing from the date of purchase.
SUBSCRIPTION PURCHASES
If you are purchasing the Software on a subscription basis, then, unless your license is terminated earlier in accordance with the EULA, you agree to allow us to automatically extend your right to receive support and updates for successive periods equal to the length of the initial term, by directly charging your credit card or debiting your debit card prior to each anniversary of the date of purchase for an amount that is no greater than Smart-X Software Solutions current price of the Software, excluding promotional and discount pricing. The software support and updates you receive during any renewal term will be as specified in these terms and conditions or as specified by us from time to time.
Your subscription will only be renewed if you provide us with a valid payment prior to the anniversary of the date of purchase. We will email you prior to this date to remind you to renew your account.
You agree to provide us with current, complete, and accurate information for your billing account and will promptly notify us if there is any change in your billing address.
CONDITIONS OF USE
By using the Software, you agree to be bound by the EULA for the Software, which can be viewed from the specific product page in our website.
If you do not agree with the terms and conditions of the EULA, you must not install and/or use the applicable Software. You may also be entitled to a refund of the purchase price for the Software in accordance with our 30 Day Money Back Guarantee set out below.
SUPPORT
We agree to provide you with software support for the Software during your subscription time (12 months from your purchase date or your maintenance fee renewal).
You can read more about our support statement here
30 DAY MONEY BACK GUARANTEE
If for any reason you are not happy with your purchase, simply contact our friendly consultants within 30 days and we will happily refund 100% of the purchase price. A copy of our refund policy is displayed below.
Smart-X refund policy
For purchases placed directly at Smart-X Software Solutions (via online download), you must adhere to the following guidelines and initiate the refund request within 30 days from the date of purchase in accordance with our policy below. Smart-X Code will also provide a refund outside the 30 day period where it is required by law to do so.
1. All requests for refunds must be made in writing to Smart-X Software Solutions within 30 days of the date Smart-X Software
Solutions first made the software available to you for download (the “Purchase Date”). Smart-X Software Solutions will also
provide you with a refund where it is required to do so by law. Smart-X Software Solutions is not responsible for lost or
misdirected mail, delays for downloading, or other communication system delays.
2. You must provide us with sufficient information to be able to identify your transaction, such as the Smart-X Software
Solutions order number and/or invoice number and/or date of transaction given to you when the download was ordered.
3. Smart-X Software Solutions will only refund the amount you paid for the software plus any appropriate taxes charged with that
order. Smart-X Software Solutions will not refund any shipping or handling charges that may have been charged to you.
4. Refunds will be made in the same manner as you purchased the product.
5. All refunds will be made within 10 working days of the receipt of a valid request when possible.
GENERAL TERMS
Disclaimer of Warranties and Limitation of Liability
You hereby acknowledge that the Software cannot be guaranteed error free or free of any defects. In particular, we do not guarantee that the Software will detect and/or remove all malicious software, recover all data or rectify any errors which you may have with your system.
In the event any terms, conditions, representations or warranties are implied by statute, common law or equity (“Prescribed Terms”) into these terms and conditions which cannot be lawfully excluded, such Prescribed Terms will apply, save that our liability for breach of any such Prescribed Terms will be limited, to the extent permitted by law, at our option, to any one or more of the following:
a. the replacement of the Software to which the breach relates or the supply of an equivalent Software;
b. the repair of the Software (including repair via the release of an update);
c. the payment of the cost of replacing the Software or of acquiring an equivalent Software; or
d. the payment of the cost of having the Software repaired.
If our liability for breach of any Prescribed Terms are capable of exclusion, they are hereby excluded to the fullest extent permitted by law.
Except as provided by the Prescribed Terms (if any), which are not capable of exclusion or limitation, or as expressly set out in these terms and conditions:
a. we make no warranties in relation to the Software, including warranties as to the performance or fitness for purpose of the
Software (other than we are entitled to grant to you the rights set out in these terms and conditions); and
b. you will not under any circumstances have any cause of action against, or right to claim or recover from us for or in respect of any
loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from
the supply or use of the Software or any breach of these terms and conditions.
We will not be liable for any indirect or consequential damages (including loss of profits, loss of data or economic loss) arising out of
a breach of these terms and conditions or arising out of the supply of a defective Software. You agree that the maximum liability
that we may have to you for any and all breaches of these terms and conditions and for the supply of a defective Software will in
total be the purchase price that you have paid for the Software.
You acknowledge that you have exercised your independent judgment in acquiring the Software and have not relied upon any representations made by us which have not been stated expressly in these terms and conditions or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by us.
Governing Law and Jurisdiction
Any and all claims relating to the Software or any services provided by us will be construed in accordance with and will be governed by the laws in force in Israel. You irrevocably submit to and accept the exclusive jurisdiction of the Courts of Israel.