Be-Simple Srl - Terms & Conditions – Guida in Linea Be-simple

The following Terms and Conditions are the rules by which you agree to be bound when making a purchase from Be-Simple S.r.l. You agree that you are legally bound by these terms and conditions when you (i) successfully purchase a Product; or when you (ii) use or make use of any purchased Product. 

Definitions 

For the purposes of these terms and conditions the definitions below apply whenever a term is capitalized, or in uppercase and underlined. 

“Date of Purchase” means the date on which a commercial transaction with Be-Simple S.r.l.s occurs.

“Help Center(s)” means an instance of a Zendesk Help Center.

“Intellectual Property Rights” means any and all proprietary rights, titles, and interests, including, but not limited to, trademarks, patents and copyrights, as existing and recognized anywhere in the World on the Date of Purchase.

“Product(s)” means any paid for item, subscription, or service offered by Be-Simple S.r.l.s.

“Product Update(s)” means subsequent updates to a Product released by Be-Simple S.r.l.s for the purposes of, but not limited to, fixing bugs or adding features.

“Supported Browser(s)” means, subject to an express statement to the contrary, (i) the most recent stable release version of Chrome, Firefox, or Safari; and (ii) Internet Explorer 11 and above, as well as the last two stable release versions of Microsoft Edge.

“Unsupported Browser(s)” means any browser not listed as a Supported browser.

License 

Be-Simple S.r.l.s retains all Intellectual Property Rights and all other proprietary rights to the Product.

The Purchaser of the Product is granted a non-exclusive worldwide license, allowing the Purchaser, or a single client of the Purchaser, to create with the Product a Help Center.

The Purchaser of the Product is licensed to install the Product in one (1) Zendesk account and all brands associated with that Zendesk account.

The Purchaser does not have the rights to redistribute, resell, lease, license, sub-license or offer the Product downloaded to any third party.

The Purchaser of the Product will not provide rival or competitor companies with access to the Product.

The Purchaser of the Product will not add a theme code or its parts to publicly accessible repositories (GitHub, GitLab, Bitbucket, etc).

The Purchaser is not required to attribute or link to Be-Simple S.r.l. in any Help Centers.

If we discover that a license is being abused we reserve the right to void that license without refund and require that our software is removed from all Zendesk Help Centers managed by the Purchaser. 

Support 

Our support team will assist you with the initial installation of the Product and its features if required.

You are entitled to ongoing support from the Date of Purchase for one year. Support covers setting up and using the software we provide, but doesn’t necessarily extend to the troubleshooting of custom code written by the Purchaser of the Product.

Warranties 

Be-Simple S.r.l.s warrants that all Products are developed and maintained in accordance with applicable industry standards. All Products have been subject to internal quality assurance reviews and have been deemed fit for commercial sale.

All Be-Simple S.r.l.s Products are, subject to reasonable limitations, visually consistent and are functionally compatible, in all material aspects, across all Supported Browsers. In an instance where certain features or designs are not reasonably feasible due a browser’s technical limitations, Be-Simple S.r.l.s will use its discretion to implement a reasonable alternative.

Refund policy 

Be-Simple S.r.l.s offers digital goods which cannot be returned nor have their access restricted and we therefore do not make refunds once the order is complete and the product is sent. As a customer, you are responsible for understanding this when purchasing any item on the Site. 

Exceptional circumstances for Digital Products 

However, we realize that exceptional circumstance can take place with regard to the character of the product we supply. Therefore, we honor refund requests for the following reasons: 

Non-delivery of the product: Due to some mailing issues of the email provider or server you might not receive a delivery e-mail from us. In this case, we recommend contacting us for assistance. Claims for non-delivery must be submitted to us within seven days from the date of purchase. Otherwise, the product will be considered received and downloaded. 

Download issues: for some reason you might have problems while downloading the product or its unzipping. Claims regarding such issues must be submitted by consideration of our Support department. If you do not contact us during three days, you agree that we may construe silence as a confirmation of successful delivery and download of the product with no further rights of refund for a “download issue” reason. Failure to receive assistance for downloading or unzipping within three days may result in a refund decline. 

Irreparable defects: Although all the products are thoroughly tested before release, there is always a chance of unexpected errors. Such issues must be submitted to us within seven days from the date of purchase. We retain the right to rectify the errors or defects within three business days. If the defect is identified as our mistake and we fail to correct it within three business days from the date of the initial complaint email or other notification provided by you, then we have two options to resolve the issue. The first option is a full refund to you without any compensations or reimbursements. The second option is a replacement of the product of the same or around the same value. Please note that temporary access to your Help Center can be requested by our technicians to identify and fix the possible issues with our themes. Failure to provide such access promptly may cause delays in the issue resolution. Refusal to provide access to your Help Center will cause your inability to apply for a refund. 

Product not-as-described: Such issues should be submitted to us within seven days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes does not meet the requirement for refunds. You must also provide acceptable evidence that the digital product has been deleted before we can issue a refund. 

Changes to this policy 

You can review the most current version of the Terms and Conditions at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. 

Due to the nature of digital goods, we recognize that this policy can be abused, and reserve the right to refuse refunds if we determine the refund policy is being taken advantage of. 

Questions about these Terms and Conditions should be sent to us at sales@be-simple.it. 