This is a contract between you (the visitor/ user/customer) and us (LUSH TEMPLATES FOR WEB). It describes the services we provide to you, how we will work together and other aspects of our business relationship. It is a legal document so some language is necessarily “legalese”, but we have tried to make it as readable as possible. These terms are so important that we cannot provide our products and services to you unless you agree to them. By purchasing our digital products or receiving our support and consulting services, you agree to these terms.
- In these terms of services, the words “LUSH TEMPLATES FOR WEB”, “LUSH Template Packages” “Template Packages”, “Digital Products “us,” “we,” and “our,” refer to our company, LUSH TEMPLATES FOR WEB and our website(s), lushtemplates.com, lushim.net, or our digital products, template packages and offered services, as is appropriate in the context of the use of the words.
- Accordingly, “you” and “your” refer to you as our visitor/user/customer
We periodically update these terms. If you have an active account at our website, we will notify you, mainly via an email or through our website with special messages.
All of our Template Packages are available in two different types of license;
- PERSONAL LICENSE – single website usage – personal or professional
- PROFESSIONAL LICENSE – unlimited use on any number of websites you create
Both licenses come with lifetime technical support and each license package includes full demonstration content, editable graphics files in .eps or .ai and /or .psd forms and detailed documentation.
You can access our downloadable digital products only upon your payment confirmation. With regard to the nature of our products and because as soon as they will be downloaded may be immediately used, purchases cannot be canceled or refunded.
COPYRIGHTS ON OUR DIGITAL PRODUCTS
You agree to use our digital products with respect to what is allowed or not according to our copyrights and to the type of your purchased license. Any different attitude will be a subject of your account termination or even a lawsuit.
- Most of our digital products include our graphics as vector files, image files or PSD files in their packages. We keep the copyrights of our own creations and you are not allowed to rent, borrow, resell, or give them as a gift to any of your friends, family or internet visitors, or audience.
- We provide you our graphics files in order to help you make adaptations according to your use. You can do whatever you want with the files you finally end up, as your graphics adaptations. You are allowed to rent, borrow, resell, or give away your adaptations of our graphics using a credit referring to our company (i.e. this is an adaptation of LUSH TEMPLATES FOR WEB creative work)
- If the packages include photographs by third parties then all of them are royalty free material that you may freely use for unlimited applications and we provide you information about their source.
- You are allowed to use our digital products as they are initially downloaded after your purchase, to unlimited web pages according to your chosen license.
You may purchase Consulting Services by placing an order with us. Unless we otherwise agree, the Consulting Services we provide are described in our website/e-shop and will be delivered in English.
- All of our Consulting Services are performed remotely unless you and we otherwise agree
- For Consulting Services performed on-site, you will reimburse us our reasonable costs for all expenses incurred in connection with the Consulting Services
- Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of the date of the invoice
- If there are a specific number of hours included in the Consulting Services purchased, those hours will expire as indicated in the applicable description, which expiration period will commence upon purchase (the “Expiration Period”)
- If there are deliverables included in the Consulting Services purchased, it is estimated that those deliverables will be completed within the time period indicated as the delivery period in the applicable description, which delivery period will commence upon purchase (the “Delivery Period”)
- If there is no Expiration Period or Delivery Period indicated, then it will be one hundred and eighty (180) days from purchase
- If the Consulting Services provided are not complete at the end of the Delivery Period due to your failure to make the necessary resources available to us or to perform your obligations, such Consulting Services will be deemed to be complete at the end of the Delivery Period
- If the Consulting Services provided are not complete at the end of the Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Delivery Period will be extended to allow us to complete such Consulting Services
We might provide some or all elements of the Consulting Services through third party service providers. Consulting Services are non-cancellable and all fees for Consulting Services are non-refundable.
Our digital products are created under the latest versions of WordPress platform and the latest versions of every single suggested plugin, included in our packages. We always make many tests before putting them on sale.
- Due to the fact that the harmonic installation of our digital products depends on the combination of your device environment, browser ‘s software used and the possible conflicts or compatibility issues may occur in any WordPress installation, THERE IS NO WARRANTY for the installation of our products on your devices.
Support and updates for our digital products are available to you for a lifetime. Our support is related only with your purchased digital products. In order to receive our support, you need to have an active account at our website. Whenever you need our support you will be asked for your purchase order and/or invoice number.
What is included:
- Package received issues
- Installation issues
- Attachment preview issues
- Affiliate and promotion matters
- Alternative use and relative questions
- Editing and Styling issues and relative questions
- Copyright matters / Licenses
- Payments/Orders issues
What is not included:
We do not offer support for any technical issue refers to your:
- Hosting status
- WordPress installation
- Plugins used
Support requests for visitors without an account to our website should be submitted through our Contact Form you can find at https://lushtemplates.com/contact-us/
Support requests for customers with an account to our website should be submitted through a Ticket Form which you can find through your ACCOUNT page.
DIGITAL PRODUCTS DELIVERY
After we have processed your payment successfully, you will receive an email with your order number and purchase information. You can download your product(s) by logging into your newly created account and clicking on the appropriate link.
If for any reason you did not receive the above described email containing your purchase information, you can contact us through our Contact Form you can find at https://lushtemplates.com/contact-us/ or by email to: support(at)lushtemplates.com
PRICES & PAYMENTS
Prices: We reserve the right to apply any kind of modifications to our products/services prices, without any prior notice or consent.
Payments: We offer two types of payments: a) Payment through PAYPAL platform, b) Payment by Credit card using the PAYPAL platform without being necessary for our visitors to have a PAYPAL account.
- Payment by credit card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable according to your chosen product/ service. You further authorize us to use a third party to process payments (PAYPAL), and consent to the disclosure of your payment information to such third party
- Payment Information. You shall keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made to your Billing Page within your LUSH TEMPLATES FOR WEB account. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement or if we are engaged with a special contract/agreement with you. All prices and any applicable fees are due and payable in advance for any purchased product/service we have listed on our website
- Sales Taxes. All of our listed prices are inclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your chosen products/services. You shall have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding
ACCEPTABLE USE POLICY (AUP)
You acknowledge and agree to the following with respect to all of our services:
You will use all of our products and services for lawful purposes only and you will comply with the terms of this Agreement and any other agreements you have entered into by virtue of purchasing or using our products and service(s) in addition to all applicable local, state, national and international laws, rules and regulations.
You will NOT use our site, digital products or services in a manner (as determined by Us in our sole and absolute discretion) that:
- Violates the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government and/or international laws or customary industry acceptable use standards;
- Promotes encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages, engages or displays cruelty to humans or animals;
- Promotes encourages or engages in terrorism, violence or hatred against people, animals or property;
- Forges the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the user;
- Infringes any copyright, trademark, patent, trade secret, or other proprietary rights of our company;
LUSH TEMPLATES FOR WEB reserves the right to refuse to provide services to anyone upon our discretion.
You agree that We have the sole right to decide what constitutes a violation of the AUP described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of our AUP is found, LUSH TEMPLATES FOR WEB will take corrective action upon our own discretion and will notify you. LUSH TEMPLATES FOR WEB decision in such case is binding and final, and cannot be a subject of a further change. LUSH TEMPLATES FOR WEB cannot and shall not be liable for any loss or damage arising from our measures against actions causing harm to LUSH TEMPLATES FOR WEB reputation or any other third party.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume all risk of viewing, reading, using, or relying upon this information.
Disclaimer for harm caused to your computer or software from interacting with this website or its contents. Visitor assumes all risk of viruses, worms, or other corrupting factors.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
TERMS OF SERVICE AGREEMENT
By purchasing our products/services, you indicate and consent that you have read and agree to the Terms of Service outlined and detailed on this page. We reserve the right to change or modify the current Terms of Service without prior notice or consent.
If any part of this agreement is declared unenforceable or invalid, all remaining clauses in this agreement shall remain binding on the customer.