Terms & Conditions
This is a legal agreement between the person or organization (“Customer”, “Buyer” or “you”) agreeing to these Terms of Service (“Terms”) and the applicable Essential Grid licensing entities (“ThemePunch OHG”,”Essential Grid”, “Seller”, “us,” or “we”). By accepting these Terms, making a purchase, or using any Services provided by us, you represent that you are of legal age and have the authority to bind the Customer to the Order, these Terms, and any applicable Service Descriptions (collectively the “Agreement”).
Our website grants you non-exclusive limited license to use the Essential Grid plugin and other products (the “products”) sold through our website (https://essential.themepunch.com) by ThemePunch OHG in accordance with these Terms & Conditions (the “license) issued by our company.
1. Plugin Licensing
The detailed license terms and conditions that govern what you can and cannot do with your purchased products and any supplementary services and materials are described on the license page.
2. Automatic Updates
Automatic Updates are available to customers who have purchased a support license in accordance with the license they have purchased. You may not share or resell access to your support license key.
Updates are provided for a term of 12 months from the time of purchase. After 12 months the license will need to be renewed in order to continue receiving support and product updates.
After we have successfully processed your payment, you will receive an email with the portal link where you can find your license key. This may take up to 1 hour to arrive but usually happens within minutes of placing the order. If you do not receive an email after this time period, please contact us. You may then login to receive support. If you use the email address you used to purchase the plugin you will have instant access to all support related material.
You may not claim intellectual or exclusive ownership rights to any of our products. All products are property of ThemePunch OHG. They are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our products.
5. Site Content
All site content, including imagery and documentation that is published on essential.themepunch.com is the property of ThemePunch OHG. Any replicated site content must be authorized in advance. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of ThemePunch OHG.
We will be happy to consider a refund provided it meets the terms of our Refund Policy. Please review the refund policy fully before requesting a refund.
Please note that we reserve the right to change or modify the current refund policy with no prior notice.
ThemePunch OHG offers WordPress plugins “as is” and with no implied meaning that they will function exactly as you would like or will be compatible with all 3rd party components and plugins. We do not offer support via email or otherwise support WordPress or other WordPress plugins.
Support is offered to customers with a valid Essential Grid license key. Purchasing a license key gives you access to our support resources and documentation. Purchasing an license also gives you access to our Priority Support Ticket system.
Support and automatic product updates are provided for a term of 12 months from the time of purchase. After 12 months the license will need to be renewed in order to continue receiving support and product updates.
The license key and support account are registered to the email address of the original purchaser. The original purchaser (license holder) retains the rights to the license and account even if the account/key is renewed or upgraded by another party. Only the license holder is permitted to request support or access support resources.
License holders cannot distribute, freely giveaway, or resell their license key. The license key is only transferable by contacting us and requesting an official transfer of the license to a new owner. The license is intended to be used on the license holder’s web site(s). Client site usage is permitted in situations where the license holder maintains an ongoing relationship with the client as a consultant.
Providing Essential Grid as a service or providing Essential Grid as part of a web hosting solution does not constitute an ongoing client/consultant relationship under these terms.
License holders are not permitted to re-post support forum content or documentation on any external websites, social media outlets, etc. Posting screen captures of this content is also prohibited. Violation will be grounds for immediate termination of the support license and all access to support content and product updates will be discontinued.
8. Transactional Emails
ThemePunch OHG may on occasion send you email notifications related to your Essential Grid license. These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to your purchase of Essential Grid. By purchasing Essential Grid you agree to receive these transactional emails.
9. Account Suspension
ThemePunch OHG reserves the right, at any time, to modify or discontinue, temporarily or permanently, a support license with or without notice. If an account is suspended no refund will be granted.
10. Pricing/Recurring Billing/Payment Methods
Pricing. We reserve the right to change pricing at any time for any reason. We reserve the right to modify the renewal pricing of an existing license either temporarily or for the future lifetime of the license. If changing prices that affect licenses already owned, we will notify all affected customers in advance to provide the customer with an opportunity to cancel the license in advance of the price change. Notification will be made via electronic mail, using the email address listed by the user on their Essential Grid account. It is the responsibility of the user to ensure that their email address is kept up to date within their Essential Grid account. We reserve the right to not honor typographical errors which may cause incorrect pricing on the website.
Recurring Billing. By purchasing, renewing or upgrading a Essential Grid subscription and providing a valid Payment Method, you authorize us to charge you a license renewal fee at the specified rate to your Payment Method on future anniversary dates. The amount and future billing date will be clearly stated in the Account section of our website for each license you own. This may be canceled by you at any time, see “Cancellation” below. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, for a period that extends beyond the license expiry date.
Payment Methods. The payment method used to purchase, renew or upgrade a support license will be stored securely with our payment processor and will be re-billed when funds become due ONLY FOR THE ORIGINALLY PURCHASED LICENSE. The payment method will not be utilized or stored for any other purposes unless you use it again for a different license. You may edit your Payment Method information by visiting our website and clicking on the “change” link next to the payment due date for that license, as made available in the My Account section of our website.
You may cancel your subscription at any time, and you will continue to have access to downloads and support services until the listed expiry date of the license. No full or partial refund will be provided for any license canceled before the end of the license term. A canceled support license will be valid until the end of the license term.
To cancel, go to the “Account” page on our website and choose “Cancel”.
13. DISCLAIMER OF WARRANTY
OUR PLUGIN IS GUARANTEED TO FUNCTION ON A FRESH INSTALLATION OF WORDPRESS USING THE DEFAULT WORDPRESS THEME. WE DO NOT GUARANTEE IT WILL FUNCTION WITH ALL 3RD PARTY PLUGINS, THEMES OR WITH ALL WEB BROWSERS. WE ARE NOT RESPONSIBLE FOR ANY PLUGIN OR THEME COMPATIBILITY CONFLICTS THAT MAY OCCUR. IT IS OUR POLICY TO SUPPORT OUR PRODUCTS AS BEST WE CAN AND WE WILL PROVIDE SUPPORT FOR 3RD PARTY PLUGIN CONFLICTS AT OUR DISCRETION OR AS TIME ALLOWS.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY BUYER. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, BUYER AND NOT SELLER OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR, IN ADDITION TO ANY LOSSES DIRECTLY OR INDIRECTLY CAUSED BY A DEFECT AND/OR QUALITY AND PERFORMANCE ISSUES WITH THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SELLER OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, SELLER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES BUYER PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘THEMEPUNCH OHG’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SELLER TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘THEMEPUNCH OHG’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY BUYER OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
15. Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the law of Germany. Each of the Buyer and the Seller irrevocably consents to the exclusive jurisdiction and venue of any court within the state courts of Germany, in connection with any matter based upon or arising out of this contract or the matters contemplated herein, and agrees that process may be served upon them in any manner authorized by the laws of the State of Germany for such persons or actions.
The preceding terms & conditions govern the sale of Essential Grid between you the buyer and ThemePunch OHG. By placing an order with us you acknowledge that you have read, understood, and agree with our terms & conditions. Please notify us prior to placing an order if you disagree with any of our terms & conditions or would like to request some type of exemption. We reserve the right to alter these terms and conditions at any time for any reason.
We reserve the right to change or modify the current terms and conditions with no prior notice.