Conditions of Use

Welcome to Numinix Web Development LTD. Numinix Web Development LTD and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Numinix Web Development LTD, you accept these conditions. Please read them carefully. In addition, when you use any current or future Numinix Web Development LTD service or visit or purchase from any business affiliated with Numinix Web Development LTD , whether or not included in the Numinix Web Development LTD web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.

Premium Licenses

By purchasing a premium license your account will be granted access to download the latest version of the purchased plugin or template for 365 days from the date of your purchase. After 365 days has past, the plugin/template will still be active on your website. However, you will need to purchase another download license in order to upgrade to the current version or future versions of the plugin/template.

Numinix Module Installations

Numinix modules take approximately 30 minutes to install on a clean site that is free of pre-existing coding issues. Some of our Numinix modules are offered for free, and others for purchase. Numinix guarantees each module and will gladly debug any Numinix module for free. However, issues caused by another module or issues requiring customization of Numinix module are billable at an hourly rate. Numinix requires payment in advance in such cases, along with a pre-authorized credit card on file. Subscription customers (https://www.numinix.com/subscriptions_compare.html) will be billed hourly based on their package pricing.

Zen Cart Thirty-Party Module Installations

Third-party Zen Cart modules take approximately 30 minutes to install, and are not guaranteed by Numinix. However, Numinix is available to debug, install, and/or customize a Zen Cart module billable at an hourly rate. Numinix requires payment in advance in such cases, along with a pre-authorized credit card on file. . Subscription customers (https://www.numinix.com/subscriptions_compare.html) will be billed hourly based on their package pricing.

Prerequisites

Our premium modules require CSS JS Loader module. This module is free for download and we charge a fee to install. If you do not have the CSS JS Loader mod, then you can add it to your cart here: https://www.numinix.com/zen-cart-modules/other-modules/css-js-loader.

Zen Cart Upgrade Services

A Zen Cart upgrade takes approximately 5 hours to complete on a clean site that is free of pre-existing coding issues. Our upgrade service includes upgrading and/or reinstallation of existing modules up to # of mods, and does NOT include installation of new modules. Numinix Zen Cart upgrade service is guaranteed, and any problems directly connected to the upgrade service are debugged or repaired for free.

Web Design Services

Numinix provides web-design services specifically tailored to E-commerce stores. A 50% deposit is required on ALL website design projects. Numinix provides a set number of hours for each project as estimated and/or quoted. Hours over or above this allotted time will be invoiced at an hourly rate, and require a pre-authorized credit card on file.

Subscription Packgage Services

Numinix offers Service Plan Subscription packages available here: https://www.numinix.com/subscriptions_compare.html. Subscription services are billed to a pre-authorized credit card or PayPal account on a monthly basis, until cancelled by the client. Subscription plans include a set number of hours given as store credit, some of which are used for monthly site maintenance, and the rest of which is used for custom programming and/or design. Plans also include discounted fees on hourly labor. Any and all work performed over and beyond included package hours are billed at the discounted plan rate to the pre-authorized credit card on file. Subscription clients may cancel at anytime, however no refunds, pro-rated or otherwise, will be given. See Numinix Subscription Plan Agreement provided at time of subscription for more details.

Communication

When your order is processed we will create a ticket to track the progress of your project from start to finish. It is important that you do not open new tickets through our support system, unless they are completely unrelated to this order. Otherwise, vital information pertinent to your project may be misplaced. A task will be created and assigned, along with this ticket, to a programmer who will be overseeing your project. He/she will communicate with you regarding the progress of your project, and may, from time to time, require additional information from you in order to complete it. Please provide as much detail and information as possible, and feel free to upload any screenshots or documentation you think might be helpful to us. Also, please be aware that failure to respond promptly (within 24 hours) to any of our requests for additional information will only result in the significant delay of your project. Any deadline set for your project becomes difficult to reset due to a lack of response.

When you visit Numinix.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Numinix Module Coding

Numinix plugins contains coding that uses your current styling to match your current theme as much as possible. If you desire to edit or restyle your theme, it is crucial that you only edit your theme code and not our core module files. If you have already customized any Numinix module core files, this may result in a longer install time resulting in additional custom programming time at our hourly rate. It is important therefore, that if you have altered, revised, edited, or customized any Numinix module core coding you inform us BEFORE we attempt installation of your module. Otherwise, delays in installation will occur. If you know that you have already altered this code, please add an additional two hour deposit to your cart here: https://www.numinix.com/services/web-programming/custom-programming-design-sv-782. The first hour of deposit is our minimum, but any time that is not used on this additional work will be refunded in 15 minute increments, except for the one hour minimum deposit.

Pre-Existing Code Problems

Finally, we charge an hourly rate for custom programming which may be necessary to resolve any pre-existing coding issues necessary to complete your install and/or upgrade. Should this need arise, we will inform you with our best estimate on how long it will take to complete that troubleshooting.

Your Credit Cart on File

If you've decided to select any additional custom programming hours for the information or issues described in sections 2, 8, or 10, your credit card information is required and retained on file for the duration of your project, then shredded after the completion of the project. Your credit card will only be used for purposes of billing for additional time needed to complete any custom programming required. Please note that your credit card will NOT be billed without your authorization or consent since no additional work will be performed without your authorization or consent.

Currencies

All prices shown on the website are in US Dollars. Prices are subject to change without notice. If prices are changed while a project is in progress, the price rate provided at the start of the project will be honored until the project is completed.

Privacy

Please review our Privacy Notice, which also governs your visit to Numinix Web Development LTD, to understand our practices

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Numinix Web Development LTD or its content suppliers and protected by Canada and international copyright laws. The compilation of all content on this site is the exclusive property of Numinix Web Development LTD and protected by Canada and international copyright laws. All software used on this site is the property of Numinix Web Development LTD or its software suppliers and protected by Canada and international copyright laws.

Trademarks

NUMINIX WEB DEVELOPMENT, NUMINIX.COM and other Numinix Web Development LTD graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Numinix Web Development LTD or its affiliates in Canada and/or other countries. Numinix Web Development LTD's trademarks and trade dress may not be used in connection with any product or service that is not Numinix Web Development LTD's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Numinix Web Development LTD. All other trademarks not owned by Numinix Web Development LTD or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Numinix Web Development LTD or its affiliates.

Return Policy

Returns are only accepted within 30 days for licensed products. These are products that included a license key that can be deactivated when a cancellation is requested. Products that do not have a license key cannot be cancelled and therefore no refund can be given.

The store-credit or refund amount will include the price of the cancelled product only. Service fees are non-refundable unless the service has not yet been performed.

License of Use

Numinix Web Development LTD grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Numinix Web Development LTD. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Numinix Web Development LTD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Numinix Web Development LTD and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Numinix Web Development LTD's name or trademarks without the express written consent of Numinix Web Development LTD. Any unauthorized use terminates the permission or license granted by Numinix Web Development LTD. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Numinix Web Development LTD so long as the link does not portray Numinix Web Development LTD, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Numinix Web Development LTD logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Numinix Web Development LTD only with involvement of a parent or guardian. Numinix Web Development LTD and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Numinix Web Development LTD reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Numinix Web Development LTD and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Numinix Web Development LTD and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Numinix Web Development LTD or its affiliates for all claims resulting from content you supply. Numinix Web Development LTD has the right but not the obligation to monitor and edit or remove any activity or content. Numinix Web Development LTD takes no responsibility and assumes no liability for any content posted by you or any third party.

Product Descriptions

Numinix Web Development LTD and its affiliates attempt to be as accurate as possible. However, Numinix Web Development LTD does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Numinix Web Development LTD itself is not as described, please return the item in brand new condition for a merchandise credit.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY NUMINIX WEB DEVELOPMENT LTD OR ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NUMINIX WEB DEVELOPMENT LTD AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NUMINIX WEB DEVELOPMENT LTD AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NUMINIX WEB DEVELOPMENT LTD AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM NUMINIX WEB DEVELOPMENT LTD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NUMINIX WEB DEVELOPMENT LTD AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting Numinix Web Development LTD, you agree that the laws of the province of British Columbia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Numinix Web Development LTD or its affiliates.

Disputes

Any dispute relating in any way to your visit to Numinix Web Development LTD or to products you purchase through Numinix Web Development LTD shall be submitted to confidential arbitration in Vancouver, British Columbia, except that, to the extent you have in any manner violated or threatened to violate Numinix Web Development LTD's intellectual property rights, Numinix Web Development LTD may seek injunctive or other appropriate relief in any province or federal court in the province of British Columbia, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

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