General Terms and Conditions for
Software Maintenance and Support

These General Terms and Conditions for Software Maintenance and Support (“General Terms”) apply between Vortx, Inc. ("Vortx") and any individual or organization (“Customer”) who is granted an AspDotNetStorefront Software License (including AspDotNetStorefront derivatives), (individually and jointly the “Software”) as soon as the Customer pays the license fee for the Software.

1. GENERAL PROVISIONS

All provisions of the Software End User License Agreement (“EULA”) shall apply to the General Terms contained herein. Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the EULA. In the event of conflict between the terms and conditions in the General Terms and those in the EULA, the terms and conditions in the General Terms shall prevail.

2. PAYMENTS

  • Payment rendered for a Vortx Service or Subscription constitutes agreement of these General Terms and Conditions. Service or Subscription dues automatically renew until cancelled. Service or Subscription dues are collected according to the option you have chosen (monthly or annual payments) upon the initial purchase. Payments must always be made in advance of any Service or Subscription provided.
  • Customer is responsible for the timely payment of all fees and for providing Vortx with a valid credit card which Vortx shall be retain on file. Prices offered through Vortx are subject to change without notice, and Vortx shall not provide price protection or refunds in the event of a promotional offering or other reduction in price.
  • If a credit card is declined in the process of renewing a monthly or otherwise recurring Service or Subscription, the client will be notified by the account holder' primary email address Vortx has on file, as well as a courtesy call to inform that the card on file was declined. In the event of non-payment of monthly or otherwise recurring Service or Subscription charges, service may be suspended or cancelled at the sole discretion of Vortx without possibility of refund. Customers who subscribe to a Vortx service agree to hold Vortx harmless in the event that a suspension or cancellation of service from non-payment results in loss of revenue or other damages.
  • If contact cannot be established with the account holder in the event of non-payment for a Vortx Service or Subscription, the account will be charged for the proceeding billing cycle, service may become suspended or cancelled at the sole discretion of Vortx, and an invoice sent to the primary contact listed on the account for remittance of payment, due upon receipt.
  • Cancellation of any monthly service or subscription offered through Vortx must be submitted in writing to billing@vortx.com at least 15 days prior to the effective date of the cancellation. Cancellation of any annual service or subscription offered through Vortx must be submitted in writing to billing@vortx.com 30 days or more before the effective date of the cancellation Providing fewer than 30 days notice of cancellation may result in one additional billing cycle’s worth of charges to the account before the cancellation is effective.

3. ADDITIONAL PAYMENT INFORMATION

  • All payments are subject to fraud and risk analysis considerations and anti-money laundering procedures and may be withheld during the period of investigation.
  • Notwithstanding anything to the contrary in these Terms and Conditions, Vortx shall not be responsible to pay any fees:
    • related to revenues that have been refunded to Merchants by Vortx; or
    • related to fraudulent sales; or
    • related to revenues that have been subject to credit card chargebacks.
  • Vortx reserves the right to modify the fees and/or payment terms at any time upon reasonable advance notice to Customer. Such notice will be provided by email, and/or by posting a notice on the Vortx website. In the event of any disputes over fees, Vortx’s determination will be final and binding.

 

4. MAINTENANCE AND SUPPORT

Provided the Customer has fulfilled the requirements set forth, Vortx shall provide the Customer with:

(i) assistance to correct errors in the Software or to include corrections for consideration in future releases or provide means to circumvent such errors
(ii) updates to the Software as indicated on the package to which Customer subscribes
(iii) advice and help to use the out-of-box software for a particular application, including using the software’s user interfaces.

5. TERMS AND TERMINATION

The General Terms shall commence upon the Customer’s payment of the subscription fee and shall remain in force until the end of a one month (30 days) or one year (365 days) period, according to the package chosen by the Customer. Following the initial period, the General Terms shall automatically be extended, for one more period at a time, provided and as long as the Customer pays the fee. In the event the Customer does not pay the fee before or on the due date and has not canceled the service or subscription, these General Terms and Conditions shall terminate with immediate effect and a penalty of $100 plus all outstanding subscription debts will be imposed to re-subscribe.