Terms of Service
Our services are provided as-is, without any warranty whatsoever. The exact terms of our software license can be read at GNU/GPL License. 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 MANAGECMS.COM, 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 ManageCMS.com, its owners or any party affiliated with it liable for damages, the maximum amount of damages acknoeledged shall be no higher than 5 Euros. Shall any dispute arise between the owners of ManageCMS.com and a third party, the only applicable jurisdiction is the Courts of Law in Brussels, Belgium.
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 constitutes a violation of our copyright and abuse of a computer system, both persecutable as felonies.
"Cool-off" period and refunds 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 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 software and/or already made use of our 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 Live Update and Joomla! extensions update), or request software support from us through our ticket 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 you may also want to read: http://europa.eu/rapid/press-release_MEMO-11-450_en.htm?locale=en
Clarification for renewals and their eligibility for a refund: 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.
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 aforementioned European Union Directive and the member state laws which enforce it.
Instant downloads are available. However, some customer purchases can be pending for manual anti-fraud check up to review of Paypal or to Checkout. You will receive a detailed email about your payment. Anti-fraud check occurs due to the growing number of fraudulent transactions from persons who are not actual the cardholders of the credit cards used during purchase.
Everyone who buys our product will be a member of this site automatically. Membership information will be emailed to the email address provided within 24 hours. If you do not receive an email after this time period, please contact us through the website.
Fair use policy
In no event shall we provide support to anyone who is seeking our support for more than three domains per month. This restriction is in place to deter edge cases, like a hosting provider buying a single subscription, installing the software on all of his clients' sites and then overflowing our support services with its client's requests. If such behaviour is detected, we regret to inform you that we will immediately terminate the user account without a refund.
Moreover, ManageCMS.com reserves the right to terminate any account which is supected in being implicated in unlawful or abusive activity, including, but not limited to, unsolicited mass distribution of our for-a-fee software. Account termination is in the sole discretion of ManageCMS.com and we reserve the right to not provide any prior warning or further information.
We reserve the right to terminate user accounts (upon fair warning) of users who are submitting the same support requests numerous times to our support ticket system. We reserve the right to block or terminate accounts (upon fair warning) of users who submit an excessive amount of support requests.
The website contains hyperlinks to external resources, hosted and operated by third parties. These parties have their own privacy policies, including cookies, and we urge you to review them carefully. We do not accept any responsibility or liability for the handling of your personal information when visiting these external resources; your use of those third party resources and/or websites is your own responsibility.
We also use third-party service and content providers (currently, only Google Analytics) who may collect their own set of personal information. Since these are third parties, the information collected by them is not governed by this Privacy Statement. Take a look at the Cookies section towards the bottom of this document for more information.
Personal information collected
Whenever you register for one of our subscription packages, we will ask somepersonal information about you. This can consist of details such as your name, e-mail, gender, etc. By entering the information in the fields requested you enable ManageCMS.com to provide you with the services you select.
We record your IP address as part of the unconditional logging our web server software does whenever anybody accesses our site. The collected IP addresses remain on record for at least a year, but they will be not shared with third parties. Exception to this rule is sharing information with authorities in the case of a suspected or proven breach of our site or other proven misuse of our services.
We record your IP address, HTTP Referer information, username (if applicable), date & time as well as the selected item whenever you are downloading anything from our Downloads page. This information is strictly confidential and will not be shared with any third party unless a) we are requested to do so by law or b) it is deemed of absolute necessity in order to protect our business (e.g. as a proof of service consumption in the case of a PayPal dispute). We will not sell, lease or in any other way allow any third party to have access to the raw, redacted or aggregated forms of this information, as per the next section of this document.
Use of collected information
ManageCMS.com will NOT sell, rent or otherwise willingly transmit the recorded personal information to any third party. We only use the recorded personal information for:
- Service administration, e.g. sending password reminders, subscription confirmations, etc.
- Personalized experience, through the storage of your preferences in cookies and/or our site's database.
- Analysis of the use of our website to improve its usability.
- Identifying location of our users.
- IP addresses may be used to identify the location of users, the number of visits from different cities / territories / countries or filter and block inappropriate use.
- Disputing chargeback requests
What is a cookie? A cookie is a brief amount of data, usually containing a unique identifier, sent to your browser software from a website and recorded on your computer's permanent storage. Each website may set one or several such cookies on your computer, but your browser will only allow a website to access the cookie(s) it has set and deny access to other websites' cookies.
Cookies record information about your preferences and allow us to customize your experience. They are also used for handling user authentication in the members-only areas of a website. Users have the option to be forewarned before accepting a cookie, review cookies already stored on their computer's permanent storage and even delete them if so required. These options are given to you by your web browser software. Each web browser handles these features in a different way, so you have to consult your web browser's help / user guide / manual to learn more about this.
Third-party cookies. ManageCMS.com employs the services of third-party services and content provides. Most notably we use Google Analytics to track website usage. Each of these services sets its own cookies. ManageCMS.com doesn't have direct access to those cookies and the use of those third-party cookies is governed solely by the respective service/content provider's Privacy Statement. For more information you may consult the following resources:
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.