PHP-Prefixer Terms of Service
The following Terms of Service ("TOS," "Terms" or "Agreement") apply to your use of our website, php-prefixer.com, and all services, features, and/or content provided by PHP-Prefixer ("PHP-Prefixer," "us,", "our" ). PHP-Prefixer is the trade name of Desarrollos Inteligentes Virtuales, SL. (DIV). By purchasing one or more Services from PHP-Prefixer, you declare that you have read, understood, and agree to be bound by this TOS. The latest version of our TOS is always available on the PHP-Prefixer website. It is essential that you read this TOS prior to purchasing any Service(s) from PHP-Prefixer.
1. Application of Terms
1.2. The TOS, together with your Order, represent the entire Agreement relating to the Services and supersedes any other agreement previously established between you and PHP-Prefixer. Sending an Order to PHP-Prefixer constitutes acceptance by you of these TOS.
1.3. In these TOS, we mention certain legal rights you have if you are a consumer. These TOS do not affect or change these legal rights.
2. Order. Acceptance of Order by PHP-Prefixer
2.1. In these TOS, the method you use to choose which Service(s) to purchase or renew is referred to as an “Order.” First-time customers must start the free trial or purchase our Service(s) through our website. Existing customers may purchase or renew Services through the PHP-Prefixer User Area. You acknowledge and agree that all conversations with our customer support team shall be recorded, and records of such conversations shall be treated as an Order for purchase or renewal of the respective Service(s).
2.2. The date on which you start your free trial or submit your Order for the purchase of the Service(s) shall be considered the effective date of this agreement. The Term of the Service(s) will commence as of the effective date. Upon expiry of the Term, it can be renewed as described in our Renewal Policy.
2.3. You must be at least eighteen (18) years of age when you place your Order. By submission of an Order, you declare that you are eighteen (18) years old or older and have the legal capacity to enter into an agreement with PHP-Prefixer.
2.4. If you place an Order on behalf of a legal entity, you represent and warrant that you have the legal authority to bind such legal entity to these TOS, in which case the terms "you" or "your" shall refer to such legal entity. In the event that PHP-Prefixer establishes that you do not have the legal authority to bind such a legal entity, you will be personally liable for the obligations under these TOS.
2.5. By placing an Order to purchase our Services, you declare that there is no other restriction to enter into an agreement with PHP-Prefixer and you are not subject to trade sanctions, embargoes, and other restrictions.
2.6. You understand and agree that all Orders may be subject to automated compliance checks to determine if they meet our financial, security, and other reasonable criteria (Fraud Screen). We have an agreement with Paddle as a reseller of our services. Please note that when subscribing, you are sending your personally identifiable information to Paddle Ltd and its subsidiaries for transaction processing purposes. This information is subject to the Paddle Buyer Terms and Conditions, a link to which is presented to you when you start the payment process with them.
3. Personal Data. Data Processing Agreement
3.2. By uploading and storing content on our servers, you acknowledge and agree that PHP-Prefixer shall act as a data processor regarding your content.
4.1. For the purposes of these TOS, "Service" or "Services" means any and all services provided by PHP-Prefixer under these TOS including, without limitation, any of our subscription plans for processing services, additional features, support services, third-party products, and services, or any other services which may be provided from time to time as set out on the portion of our website describing the individual Service (Product Pages).
4.2. The Services will be provided to you as configured for our standard customer. We might modify, update, or upgrade the Services, and/or add, remove or modify any software, functionality, or configuration installed on or used by the Services at any time with or without prior notice. You will bear the ultimate responsibility to ensure that the Services are configured to meet your operational, privacy, and security needs. Your hardware, software, and any other items you deem necessary to use the Services shall be compatible with the Services. We will not be obliged to modify the Services to accommodate your use.
4.3. To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Services will be provided on an “as-is basis.”
5. Fees and Payment
5.1. You are responsible for the payment of the fee(s) set out on the Order in the currency specified on the Order (Fees). All fees must be paid in advance for the entire term, or renewal term set out on the Order.
5.2. The current fee(s) and payment method(s) are listed on our website. Unless a specific agreement for the use of the Service(s) exists between PHP-Prefixer and you, you acknowledge and agree to pay the fee for the respective Service(s) indicated on our website at the time you submit your Order. PHP-Prefixer reserves the right to change the fees at any time without notification. Changes in fees shall be effective immediately and will apply for you as of your next purchase or renewal.
5.3. All Fees listed on our website are net of applicable taxes unless explicitly stated otherwise. You are responsible for all taxes levied on the Services.
5.4. In certain cases, the issuer of your payment method may charge you a foreign transaction fee or other fees, which may be added to the final amount that appears on your bank statement or posted as a separate charge. PHP-Prefixer has no control over such fees.
5.5. Time for payment is of the essence. Customer’s account(s) will not be activated or renewed until all outstanding fees are paid to PHP-Prefixer.
5.6. In the course of the order process, in case of payment by card, you will be asked to provide your card information, which will be verified by Paddle. By submitting an Order, you authorize Paddle Ltd. to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to PHP-Prefixer, we will not be liable for non-provisioning the Service(s).
5.7. In case of payment via PayPal or a similar online payment provider, immediately after submitting your Order you will be directed to the e payment provider’s web page, where you will authorize the payment. You acknowledge and agree that the processing of payments will be subject to the terms, conditions, and privacy policies of the respective payment processors in addition to this Agreement. Once the transaction is completed, you will be redirected to our website.
5.8. You acknowledge and agree tour payment providers shall store your payment details to process payment for any PHP-Prefixer Service(s) you purchase or renew.
5.9. Our obligation to provide the Service(s) depends on your payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees.
5.10. You are responsible for keeping at least one active payment method on file. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. You can manage your payment method(s) in the PHP-Prefixer Subscriptions Area.
5.11. You confirm that any payment method you use and/or add on file is yours or that you have been specifically authorized by the owner of the card to use it for the purchase.
5.12. In case of delay in payment of any fees(s) due, for whatever reason, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by PHP-Prefixer, including without limitation, any court and legal fees and PHP-Prefixer's reasonable attorneys' fees. We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Service(s).
5.13. You acknowledge and agree that if your card issuer supports Recurring Billing Programs or Account Updater Services, we may participate in such programs or services. As part of these programs, your card issuer will send our payment processors updated information for your payment method(s) on file, and they may automatically charge your new card without prior notification. Participation in such programs does not guarantee that we will receive payment of the fees. It is your responsibility to pay all fees due.
5.14. Certain Service(s) may be available to you for free. Such Service(s) may only be used by you during your current Term and may not be transferred to other Processing Accounts or third-parties. Upon Termination of your Agreement such Service(s) will also be terminated.
5.15. Invoices are due immediately upon receipt. PHP-Prefixer reserves the right to suspend and/ or terminate the Services until payment is made.
5.16. By accepting these TOS, you hereby authorize PHP-Prefixer to send you invoices electronically at the email address specified in your User Area. If you would like to receive a paper invoice, please contact us through your User Area.
5.17. Should the Services be suspended due to your fault for any reason, Fees will continue to accrue until the termination or expiry of the term of this Agreement.
5.18. If you believe there is an error on your invoice, you must immediately contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company and initiate a "chargeback" based on this dispute, we may suspend the Service(s) until the dispute is resolved. To reactivate your Service(s), you must first pay all outstanding Fees.
5.19. Refund requests are processed as set out in our Money Back Policy. We will apply any refund using the same means of payment as you used for the initial transaction unless we have expressly agreed otherwise. PHP-Prefixer is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.
6. Renewal Policy
6.1. All our Services are by default set to renew automatically. You can cancel the renewal from the PHP-Prefixer User Area at any time.
6.2. All available Renewal Terms and the respective Renewal Fees are set out in your User Area. From time-to-time special promotions may be available only for manual renewal of your Services.
6.3. We will send you a pre-billing notification five days and two days before the subscription is due to renew services for which automatic renewal is enabled on a monthly/yearly billing cycle.
6.4. If we cannot process a renewal at the scheduled date, we may make additional attempts to charge your payment: we'll retry the payment three days after the first failed attempt, five days after the second failed attempt, and we'll pause the subscription on the third failed attempt until you renew the Service(s) or terminate the Agreement. We are not responsible for the operation of the Service(s), if Services are suspended/terminated because your payment methods have expired or are no longer valid for any reason.
6.5. You acknowledge and agree that even if a Service is set to renew automatically and/or you have an active payment method on file, we might not be able to renew the Services. It is your responsibility to ensure that you have paid the fees and a renewal has been processed.
6.6. You acknowledge and agree the Service(s) shall be terminated upon expiry of the term unless you activate the automatic renewal option or manually renew the term of the Service(s). You agree that PHP-Prefixer shall not bear any responsibility and liability for any damages whatsoever including, but not limited to, damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third-party, if we are unable to charge your payment method on file or you fail to renew the Services manually.
7. Money Back Policy
7.1. If you no longer need a Service you have purchased or are unsatisfied with its performance, you can cancel it at any time. We recommend that cancellation requests are posted through your User Area. Your subscription will not be renewed.
7.2. Services that are tailor-made to you are not covered by our Money Back Policy. These include dedicated Server Services, paid support services, and third-party Services.
7.3. To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Money Back Policy is your sole and exclusive remedy should you decide to withdraw from this Agreement.
8. Upgrade/Downgrade of Services
8.1. You can choose to upgrade or downgrade the Processing Services at any time.
8.2. All available options are listed in your User Area and are subject to the fees set out on the website. Your new choice will be applied to the next Term.
9.1. If you are a new customer, upon registration for the free trial, you will be redirected to your Dashboard, where you can access, review, update, and manage your Services, payments. and billing information.
9.2. If you purchase Services on behalf of another person or entity, you warrant that you will administer their Dashboard in good faith and in their best interest, and will indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to the end user and result in any claim against us.
9.3. Login to the Dashboard requires the use of a username and password. You agree not to use the account, profile, username, or password of another user at any time. You will be solely responsible for the security of your login credentials. You shall keep all passwords confidential and take security measures to prevent unauthorized access to them. For security purposes, PHP-Prefixer highly recommends that you keep different passwords for different Dashboards and service providers, refrain from using any functionality that saves or stores your login credentials, and regularly update your password.
9.4. As an additional security measure, you may set up two-factor authentication (2FA) for your Dashboard. Follow the instructions in your Dashboard to enable/disable 2FA. If you choose to install and use a 2FA application on a device (e.g., phone or tablet) on which the operating system has been tampered with in any way, you do so at your own risk.
9.5. You are solely responsible for the activity that occurs on your Dashboard, regardless of whether the activities are undertaken by you, your employees, or a third-party, and for keeping your Account password secure. You shall notify PHP-Prefixer immediately of any breach of security or unauthorized use of your Dashboard to the following email address: email@example.com.
9.6. You are responsible for providing, and maintaining true, current, complete and accurate information. If you fail to do so, we accept no liability in the event that we grant access to the account to another person.
9.7. For the avoidance of doubt, the individual or entity whose personal data is listed in the 'Account Information' section of the Dashboard is considered by us to be the owner of the account (Account Owner).
9.8. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about the ownership, the account may be locked until the parties to the dispute agree on a resolution or until the matter is resolved judicially.
10. Use of Service. Customer Responsibility
10.1. You acknowledge and agree that your use of the Service(s) and any Content uploaded and processed on or through the Service(s) are in compliance with these TOS and all applicable laws, including laws of the jurisdiction where the Service or Content is uploaded, processed or used. You shall implement any restrictions necessary in order to prohibit the use of the Services by any third-party or in any jurisdiction, as required to comply with such laws.
10.2. You may not upload, store, publish, and display on or through our Service(s) any personal data, private or any other personally identifying information, images, videos of minors or any third party, without the consent of said party (or a parent's consent in the case of a minor). If you use the Services to upload, store, publish, display, or otherwise disclose such information, you acknowledge and agree that you have obtained the prior consent of the said parties.
10.3. You shall not use our Service(s) for processing projects for high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. For such projects, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high-risk activities include but are not limited to nuclear facilities, air traffic control, life, and health support, etc.
10.4. You are responsible for providing accurate and complete information about you and your organization (if you purchase on behalf of an organization) and promptly update all provided information. We shall not be liable for any errors or damages caused by any failure from your side to provide complete and accurate information.
10.5. You are responsible for all your activity related to the use of our Service(s) and the activity of any user who has access to your Dashboard and the Services.
10.6. You declare that (i) you have the technical knowledge necessary to ensure the proper use, administration, management of our Service(s); (ii) you have sufficient knowledge about administering, designing, and operating the functions facilitated by the Services necessary to take advantage of them.
10.7. When using the Services, you will ensure that you use the Server resources to PHP-Prefixer's detriment or that of other PHP-Prefixer customers.
10.8. You shall indemnify, defend and hold harmless PHP-Prefixer, and its respective officers, directors, shareholders, employees, agents, and representatives against all damages, claims, liabilities, losses, and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise directly or indirectly from your acts or omissions.
10.9. You must obtain all equipment necessary to access and use our Service(s). It is your responsibility to use equipment, software, or applications which are compatible with our Service(s). When accessing or using our Services you may not use the equipment and/or software that are faulty or with malfunctions that may cause security issues with our servers, damage the integrity of the network and/or vulnerability of the Service(s).
10.10. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or any content, materials which are used by you on the Services.
10.11. If you use any third-party software on the Services, you warrant to PHP-Prefixer that you are duly licensed to use the software and that the license grants sufficient rights to PHP-Prefixer to provide the Services. You agree to provide us with such license(s) upon request. If you fail to provide reasonable evidence of licensing, PHP-Prefixer, at our sole discretion, may suspend the Services and/or terminate the Agreement with immediate effect.
10.12. Any instructions supplied by you to PHP-Prefixer must be complete and accurate and clearly legible. We shall not be liable for any errors caused by any failure from your side to provide complete, and accurate information. It’s your obligation to follow our instructions and to cooperate with us for the proper provision of our Services.
10.13. You acknowledge and agree not to make any modification or alteration of any part of our Service(s) or related technologies.
10.14. You acknowledge and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, or services contained on our Site, except where explicitly authorized by us.
10.15. You acknowledge and agree that any information, articles, tutorials, guidelines, or technical support advice may be provided by us only for your convenience and do not constitute official statements.
10.16. You are responsible for making backup copies of all your content uploaded, stored or processed on or through our Service(s) in a location independent of ours and will not use our Services as your sole backup.
11. Technical Support
11.1. We provide technical support for issues related to the functionality of any Service(s) and features purchased from us. Our technical support is available for all customers and is provided on an as-is, as available basis.
11.2. We aim to deliver support in a fast and efficient manner. However, we cannot guarantee that all inquiries will be handled within the statistical averages advertised on our site.
11.3. You may request technical support through our Support system. Technical support will be provided via ticket.
11.4. If you request technical support, you agree that we may have full access to your Services and/or Content. It is your obligation to perform and store a backup of your data and files prior to requesting technical support. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform in order to address your technical support issue may affect the functionality of your project and/or Services. It is your responsibility to ensure that your project is operational and the Services are configured to your needs once we complete work on your request.
11.5. If your request for technical support exceeds that of similarly situated customers or is outside the scope of our technical support, we reserve the right to deny service related to such a request.
11.6. To the maximum extent applicable under national law and without affecting your rights as a Consumer, all technical support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in these TOS. While we use reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right not to process your technical support request(s) if: (i) you violate these TOS; (ii) you are abusive towards our employees or subcontractors; (iii) the need for Technical Support Services is due to any modification or attempted modification of the Services made by you or any third party outside of PHP-Prefixer’s control, or your failure or refusal to implement changes recommended by PHP-Prefixer. We may refuse to perform any request that requires changes not compatible with the Services or not related to them, or that might create a security risk or deteriorate their performance.
12. Backup Services
12.1. You acknowledge and agree that it is your responsibility to regularly backup all your Content in order to prevent potential data loss.
12.2. You agree that you will keep independent backup copies of your Content.
13. PHP-Prefixer Content.Intellectual Property Rights
13.1. PHP-Prefixer retains ownership of all intellectual property rights related to the provisioning of the Service(s). PHP-Prefixer grants to you a non-exclusive, non-transferable limited license to access and use the Service(s) during the Term or any Renewal Term. All trademarks, product names, services, software, script, source code, content, photos, graphics, videos on our website, logos or slogans (“PHP-Prefixer’s content”) used by PHP-Prefixer are owned by or licensed to Desarrollos Inteligentes Virtuales, SL. You acknowledge and agree not to modify, copy, reproduce, download, transmit, distribute, sell, license, publish, broadcast, create derivative works from, or store PHP-Prefixer’s content for purposes other than using our Services, without our express prior written consent.
Unless otherwise set out in these TOS, you own all rights, title, and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us concerning your idea and suggestions related to the Services, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback.
13.2. You are welcome to provide us with a written or verbal testimonial of our Services in connection with your use of the Services. You acknowledge and agree that we may, at our discretion, use the testimonial to promote our Services online and on social media. Further to our use of your testimonial, you hereby agree and give your consent to PHP-Prefixer to publish your name, voice or likeness, profession, website, video and/or contact information in connection with the publication of the testimonial. If you would like to withdraw your consent, please send your request to firstname.lastname@example.org.
14. Third-Party Links
14.1. Our Site and Services may contain link(s) to other projects operated by or with content provided by third parties. You understand and agree that PHP-Prefixer has no control over any such third-party projects or their content and will have no liability arising out of or related to your use of any third-party projects or their content. PHP-Prefixer shall not bear any responsibility for any legal documents (agreements, terms and conditions, policies and etc.), content, and practice of any third-party projects. The existence of any third-party links does not constitute an endorsement of such projects, their content, or their operators. PHP-Prefixer includes these links only for your convenience.
14.2. You acknowledge and agree that third-party links on our website may contain affiliate tracking, and PHP-Prefixer may collect a share of sales or other compensation from such links.
To the maximum extent allowed by applicable law and without affecting your rights as a consumer, you acknowledge and agree that the Services are provided by PHP-Prefixer as-is, and you assume all risks and liabilities arising from or relating to your use of and reliance upon the Services and that PHP-Prefixer makes no representation or warranty with respect thereto. PHP-Prefixer hereby expressly disclaims all representations, warranties and conditions regarding the Services, whether express or implied, including any representation or warranty in regard to quality, performance, non-infringement, commercial utility, merchantability, or fitness of the services for a particular purpose. In addition, PHP-Prefixer expressly disclaims any express or implied obligation or warranty of the Services, that could be construed to require PHP-Prefixer to provide Services in such a manner to allow the customer to comply with any law, regulation, rule or court order applicable to the actions or functions of the customer. Without limiting the generality of the foregoing, we do not warrant that the Service(s) will meet any or all of your needs; will operate in all of the combinations which may be selected for use by you; or that the operation of the Service(s) will be uninterrupted, error-free or completely secure. No PHP-Prefixer employee, supplier, or subcontractor is authorized to make any warranty on our behalf. and if they make such warranties, PHP-Prefixer shall not be bound by them.
16. Limitation of Liability
To the maximum extent permitted by applicable law, and without affecting your rights as a consumer, you agree that you will not under any circumstances, including negligence, hold PHP-Prefixer, its officers, directors, employees, licensors, agents, subcontractors and/or third- party service providers liable for any direct or indirect damages of any nature and type suffered by the customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from:
- Delays, malfunctions, suspension, and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example, force majeure, third-party conduct/acts, including PHP-Prefixer’s licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS).
- Data loss due to hardware or software failure.
- Any information, data, content in or accessed through the Services.
- Any action, information, or instruction provided as part of our technical support Services.
- Your use of the Service(s).
You agree that the foregoing limitations apply whether based on warranty, contract, or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve-month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law, and your rights as a consumer will not be affected.
You acknowledge and agree to indemnify, defend and hold harmless PHP-Prefixer defend, fully compensate us, our affiliates, subsidiaries, parent and related companies, licensors and any third-party service providers, and each of their respective officers, directors, employees, shareholders, and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third-party against any of the indemnified parties arising out of or relating to:
The terms of this Article shall survive the termination of the Agreement.
18. Term and Termination
18.1. The Term for each Service you purchase shall be set out on the Order. The Term may be extended as described in our Renewal Policy or may be terminated as described below. For the avoidance of doubt, “Term” shall include the initial Term and any Renewal Term.
18.2. You may terminate a Service at any time through the Dashboard (Cancel payments). We will send you an email confirmation to acknowledge your completion of the Cancellation Request (Cancellation Confirmation). If you fail to complete all the Cancellation Request steps, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and Fees will continue to be charged. You must follow this procedure in order to terminate each Service. Once you complete a Cancellation Request, the Service will be terminated at the next term.
18.3. If you are a Consumer, you have the right to withdraw from this Agreement, informing us of your decision to withdraw through the Dashboard (Cancel payment).
18.4. Without prejudice to the provisions laid down in other clauses of thеsе TOS, PHP-Prefixer shall be allowed to terminate this Agreement with or without notice with immediate effect if (i) you fail to pay any fees due; (ii) you breach these TOS or any other policy incorporated herein by reference, or any law and fail to cure that breach within 48 hours after receipt of written notice; (iii) you repeatedly infringe any policy incorporated herein or announced on our website; (iv) in case of any action and/or omission, failure and/or malfunction caused by you which damage PHP-Prefixer servers and facilities or the servers and facilities of other network hosts or Internet users; (iv) you disclose false or misleading allegations that may negatively impact our reputation and (v) transfer all or part of your obligations and/or rights under this Agreement to third parties, without our prior written consent.
18.5. PHP-Prefixer may also terminate this Agreement by fifteen (15) days written notice as of the date of its receipt if (i) according to PHP-Prefixer's reasonable opinion, you do not have the basic technical knowledge to use the Service(s) without excessive ongoing technical support; (ii) PHP-Prefixer determines in good faith that continued provision of the Service has become unfeasible for technical, legal, regulatory, economic or any other material reason.
18.6. PHP-Prefixer may discontinue provisioning of certain Service(s) or terminate this Agreement, if a third-party ceases to make components of the Service available to us.
18.7. It is important to understand that certain Services are bundled together. As a result, termination of the Services that provide processing (Processing Account) may result in immediate termination of multiple aspects of the Services. Upon termination, any information, data, content, and files stored by you on our server shall be deleted. We may keep backup data for terminated Services for up to sixty (60) days after termination and provide you with access to that data upon request and subject to availability. It is your obligation to ensure that you arrange to migrate your project(s) off our servers. We have no obligation to provide any Service(s) to you, including forwarding email(s) following termination.
18.8. Model withdrawal form
If you wish to withdraw from this Agreement, please fill in the form below and send it back to us:
Desarrollos Inteligentes Virtuales, SL.,
with registered address: Los Olivos 5,
33423 Asturias, Spain.
I/we (*) hereby withdraw from the agreement concluded by me/us (*) on the purchase of the following goods (*) / the rendering of the following services (*):
Ordered on(*) / received on (*):
Name(s) of the consumer(s):
Address of the consumer(s):
Signatures of the consumer(s) (only in case of notification on paper)
(*) Delete as applicable.”
19.1. If for any reason you are not satisfied with our Services, you may send your complaint to us via: (1) email at email@example.com, or (2) opening a support ticket, or (3) registered mail to the following address: Desarrollos Inteligentes Virtuales, SL., Los Olivos 5, 33423 Asturias, Spain.
19.2. You may have the option to escalate a chat or support ticket to a Supervisor/Manager. You should include any tracking numbers or other references from your previous correspondence with us in order to be able to recover the full history of your complaint.
19.3. We will take care to review, investigate, and respond to any complaint(s) fairly and thoroughly. All complaints must be in writing and clearly indicate the name and contact details of the complainant. If you have relevant documentary evidence to support your complaint, it should be еnclosed to the complaint. Evidence submitted should be as concise as possible and relevant to the complaint.
19.4. Complaints made over the phone shall be recorded, but wherever possible, should be confirmed in writing. Anonymous complaints will not be reviewed.
19.6. PHP-Prefixer will review the complaint and will provide a written answer within 10 (ten) business days from receipt of the complaint. If the complaint requires more detailed investigation, you will receive an interim response describing what is being done to deal with the matter and when you can expect a final reply.
20. Dispute Resolution and Jurisdiction
20.1. In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and PHP-Prefixer shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate with each other to reach a solution satisfactory to each Party.
20.2. You agree that the Courts of Asturias, Spain shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement, and termination of this Agreement or any other document entered into by the Parties related thereto. All disputes and other matters relating to the interpretation and enforcement of thеsе TOS as well as any other document entered into by the Parties shall be governed by the laws of the Kingdom of Spain.
20.3. Based on Regulation No. 524/13/EC, if you are a consumer, you have the right to use the internet platform for the Online Settlement of Disputes between Entrepreneurs and Consumers (“OS-Platform”), established and operated by the EU Commission. The OS-Platform can be accessed at the following web page: http://ec.europa.eu/consumers/odr/. The internet platform for the Online Settlement of Disputes is applicable only to the consumers.
21.1. We will send notices to you using the contact information in your Dashboard. We may send you notices by email, a ticket in our Support system, or a notice posted in your Dashboard. We have no responsibility for notices not delivered due to outdated or inaccurate contact information.
21.3. You may send us notices, requests, claims, consents, waivers, demands, or any other communication related to this Agreement by (i) opening a ticket through the Support system in your Dashboard; (ii) email; (iii) first-class mail; or (iv) internationally recognized courier.
Please address your notices to:
Desarrollos Inteligentes Virtuales, SL.,
with registered address: Los Olivos 5,
33423 Asturias, Spain
21.4. Notice shall be considered duly given and effective: (i) if sent by ticket, on the date the ticket is recorded in the Support system; (ii) if sent by email, on the day when received in the designated email account; (iii) if sent by first-class mail, on the date of delivery by the appropriate postal service; (iv) if sent by internationally recognized courier, on the date of delivery by such courier.
22. General Provisions
22.1. Applicable law. This Agreement will be governed by and interpreted in accordance with the laws of the Kingdom of Spain.
22.2. Waiver. If at any time during the term of this Agreement we fail to insist upon strict performance of any of your obligations under this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any term of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated by you in writing.
22.3. Assignment. Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder without our prior explicit written consent. Any assignments in violation of the foregoing shall be null and void and of no force or effect. You acknowledge and agree that PHP-Prefixer may assign its rights and obligations under this Agreement and may engage subcontractors in performing its duties and exercising its rights hereunder, without your further explicit consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assignees.
22.4. Independent Contractors. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither Party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other Party or bind the other Party in any respect whatsoever.
22.5. Severability. If any one or more of the provisions contained herein or of the applicable policies of PHP-Prefixer shall, for any reason, be held invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such provision(s) will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of this Agreement and the policies announced on our site shall not be affected.
22.6. Force Majeure. With the exception of customer’s payment obligations, neither Party will be responsible for any interruption, delay, or other failures to fulfill any obligation under this Agreement resulting from acts of god, storms, flood, riots, fire, acts of civil or military authority, war, terrorism, epidemics, pandemics, shortage of power, telecommunications or internet service interruptions or other acts or causes reasonably beyond the control of that Party.
In the event of an occurrence of a Force Majeure, the Party whose performance is affected thereby shall give to the other Party notice of suspension as soon as reasonably practicable, stating the date and extent of such suspension and the cause thereof, and such Party shall resume the performance of such obligations as soon as reasonably practicable upon the cessation of such Force Majeure and its effects.
During a Force Majeure event, you shall be entitled to seek an alternative processing provider at your own cost with respect to the affected Services. If a Force Majeure event continues to exist for more than twenty (20) consecutive days, each Party shall be entitled to terminate the Agreement for affected Services.
23. Change of TOS
PHP-Prefixer may modify these TOS at any time with immediate effect. We will inform you about modifications to the TOS by email and via notices in your Dashboard. PHP-Prefixer shall not be liable for your failure to receive an email notification due to an inaccurate email address.
If you do not agree to the changes in the TOS, you must suspend use of the Services and terminate this Agreement within ten (10) business days of receiving notification from us.
To the extent permitted by applicable law, continued use of the Services after you have received a notice for changes to the TOS will be considered as acceptance of such changes and in force in the agreement between the user and PHP-Prefixer, unless you have sent us a termination notice.
Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.
No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.
Articles 10.8, 12, 15, 16, 17, 20, 21, 22.1, 22.5 and 24 shall survive the termination of this Agreement.
Appendix A - Links yo Third Party Services
Thеsе TOS incorporated by reference the Terms of Service of the third-party Service providers listed below.