Effects of Termination
- Jurisdiction; and
The Simmer Service
Our Website details the Simmer Service which, broadly, comprises the following components –
- Simmer Pro licenses
- Simmer HQ websites and hosting
- Custom WordPress Development (through flat project consultation fee)
- Other customer benefits and services
We grant you a limited and non-exclusive right to use the Simmer Service (subject to any other applicable licenses such as the GPL) solely for the purposes which the Simmer Service is intended for and as permitted by the licenses applicable to the Simmer Service components. This right is not transferable to any other person unless agreed upon by Simmer via email.
Any software products are licensed under the GPL.
When you purchase paid Products, you receive access to support for the duration of the subscription and number of domains included. You may renew the Simmer Service for your paid Products on the anniversary of your paid Products’ purchase date to continue access to Simmer’s SLA (service-level agreement).
Some of our Products have contributions from by 3rd Party service providers. These 3rd Party service providers may change from time to time and the Products they contribute may not always be available through the Simmer Service.
No aspect of Simmer’s free content or products offered only to customers may be copied or redistributed.
Where fees are payable for any component of the Simmer Service, these fees are payable in advance and we may, at our sole discretion, suspend any aspect of the Simmer Service which you have not paid for and for which fees are required.
Flat-Project Consultation Fee
Consultation purchases are a flat project fee delivering a final proposal to complete each order. This fee does not involve a subscription, and does not require any billing beyond the purchase of a consultation to receive a completed proposal. The total of this consultation fee will be refunded in the first scheduled payment outlined in the proposal.
Custom WordPress Development
At Simmer, custom WordPress development is any work accepted in a formal proposal received only after the purchase of a consultation for a flat project fee. Proposals price custom WordPress development work in both flat project and hourly fee pricing, and will only be billed after a customer’s complete understanding and acceptance of a new proposal contract, completely separate from this agreement.
The annual price you will pay after your first year of purchase is reflected in any user’s shopping cart prior to purchase. Subscription payments after the first year will always remain the same price until the subscription is cancelled. Prior annual rates cannot be applied to new purchases.
Refunds: Simmer Pro
We firmly believe in and stand behind our product 100%, but we understand that it cannot work perfectly for everyone all of the time. If you are unhappy with your purchase, or you have an issue that we are unable to resolve that makes the system unusable, we will be happy to consider offering a refund. Refunds will be offered at our sole discretion and must meet all of the following conditions fully:
- You are within the first 30 days of the original purchase of the plugin.
- Your issue(s) comes from not being able to install the plugin properly or get the plugin to perform its basic functions.
- You have attempted to resolve your issue(s) with our support team.
- No refunds will be granted after the first 30 days of the original purchase whatsoever.
- Issues caused by 3rd party plugins, themes or other software will not provide grounds for a refund.
By purchasing plugin(s) from our site, you agree to this refund policy and relinquish any rights to subject it to any questions, judgment or legal actions.
Refunds: Simmer HQ
Refunds are granted within 60 or 30 days of purchase according to the term of Simmer HQ hosting, with qualifying reasons:
- Business is no longer in operation
- Software does not solve or achieve desired problems
- eCommerce no longer in operation
- Change to a competing hosting provider
Registration is required to sign up for any subscription Simmer. After registering, you will be able to log into your account using your chosen username and password. You may not impersonate another person and you are required to associate your real identity with your account.
Simmer collects personal information through the Website’s checkout form to successfully deliver our product(s). We process personal information with the utmost confidentiality and SSL encryption and encourage potential customers to carefully review Simmer’s Data Protection Policy. Customers guarantee that the personal information submitted is accurate, current and complete. Customers also confirm with purchase that they have read and understand Simmer’s Data Protection Policy.
Passwords and Account Security
You agree that the security of your Simmer Service user account is solely your responsibility. You further agree that –
- you are responsible for maintaining and promptly updating personal information and any other information you submit to us, keeping it accurate, current and complete;
- if you believe your Simmer Service or simmerwp.com’s user account’s security or integrity has been compromised in any way, you agree to notify us immediately and that you will be liable for any Losses you suffer should you fail to notify us timeously;
- we reserve the right to suspend your Simmer Service or simmerwp.com user account pending an investigation and resolution if any security violations are believed to have occurred in association with your account.
For information about our data protection practices, please read the Data Protection Policy. This policy explains how and under what conditions we will process your personal information, and protect your privacy, when you use the Simmer Service.
You agree that we may process your personal information in accordance with the Data Protection Policy.
Disclaimers and Limitation of Liability
To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied with respect to the Simmer Service, and insist that you understand your use of the Simmer Service is at your own risk.
You agree that neither we or our Associates shall be liable for any Losses which you may sustain however arising and whatever the cause, in particular pursuant to your or any 3rd Party’s use of, access to and/or interference with the Simmer Service.
You and any 3rd Parties using the Simmer Service or Website indemnify us and our Associates from any Losses, which may arise as a result of your or the 3rd Party’s unlawful conduct, wilful misconduct and/or gross negligence.
Maintenance and Repair
You acknowledge that from time to time the Simmer Service may be suspended, either in part or as a whole, for maintenance, repair and improvements. We agree, wherever reasonably possible, to give twenty-four (24) hours notice of suspension of the Simmer Service affected by the proposed suspension.
If any person is of the view that his, her or its rights have been infringed through unlawful Simmer Service use by any person, that person may address a complaint to Simmer which satisfies the following requirements and/or sets out the following information:
- the full names and address (including mailing if different) of the complainant;
- the written or electronic signature of the complainant;
- identification of the right that has allegedly been infringed;
- identification of the material or activity that is claimed to be the subject of unlawful activity;
- the remedial action required to be taken by Simmer in respect of the complaint;
- telephonic and electronic contact details, if any, of the complainant;
- a statement that the complainant is acting in good faith;
- a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.
Notifications must be addressed to:
We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action, where necessary. Such action may include, but is not limited to, removing offending Content and/or taking appropriate steps against offending users or Customers, where appropriate. We may not be able to, or it may not be appropriate for us to, respond to or act to every complaint.
- claim specific performance of all of the Offending Party’s obligations whether or not due for performance,
- in either event without prejudice to the Aggrieved Party’s right to claim damages.
You acknowledge that, from time to time, the Simmer Service may be suspended due to causes beyond our control which we refer to as Interruption Events.
We will make reasonable efforts to notify you of an Interruption Event in writing as soon as we become reasonably aware of the Interruption Event.
By users or you
Any Party shall be entitled to change its address from time to time, provided that any new address selected by it shall be an address other than a post box number, and any such change shall only be effective upon receipt of notice in writing by the other Parties of such change.
All notices, demands, communications or payments intended for any Party shall be made or given at such Party’s address for the time being.
A notice sent by one Party to another Party shall be deemed to be received:
- on the same day, if delivered by hand;
- on the same day, if transmitted electronically with receipt received confirming completion of transmission;
- on the same day of transmission if sent by telefax with receipt received confirming completion of transmission, provided that the original of the notice shall, after such transmission, be sent by prepaid courier services to the Party to whom such notice shall have been given;
- on the third day after dispatch, if sent by prepaid courier.
Notwithstanding anything to the contrary contained in this Notices clause a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen address.
Simmer chooses the addresses and other contact details specified in our Contact Disclosures section, below, for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.
Our full name and legal status: Blog What? Design Inc. d/b/a Simmer
Street address: Simmer, 745 Atlantic Ave, Boston, MA, 02111
Postal address: Simmer, 745 Atlantic Ave, Boston, MA, 02111
Main business: The sale of digital products and services
Website address: https://simmerwp.com
Official email address: email@example.com
No indulgence which any of the Parties (“the Grantor”) may grant to any other (“the Grantee(s)”) shall constitute a waiver of any of the Grantor’s rights, who shall not be precluded from exercising any rights against the Grantee(s) which might have arisen in the past or which might arise in the future.
The use of the word “including” followed by a specific example shall not be construed as limiting the meaning of the general wording preceding it and the ejusdem generis rule shall not be applied in the interpretation of such general wording or such specific example.
Any reference to “business hours” shall be construed as being the hours between 9:00am EST and 5:00pm EST on any day. Any reference to time shall be based upon Eastern Standard Time (EST).
“3rd Party” means a person other than Simmer and a Customer;
“Associates” means a Party’s officers, servants, agents or contractors (freelancers, creatives) or other persons in respect of whose actions that Party may be held to be vicariously liable;
“Content” means any material capable of and in which copyright protection subsists (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) including, but not limited to, what a Customer may have access to as part of, or through the Customer’s Service use;
“Content License” mean
- you, personally, if you are contracting with us in your personal capacity; or
- a legal entity such as a company or close corporation you represent, i
- ch case you –
- represent to us that you are authorised by that legal entity to enter into this contract on that legal entity’s behalf; and
“Intellectual Property” means any know-how (not in the public domain), invention (whether or not patented), design, trademark (whether or not registered), or material capable of copyright protection and in which copyright subsists (whether or not registered), goodwill, processes, process methodology and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such intellectual property;
“Intellectual Property Rights” means legal or moral rights in Intellectual Property;
“Interruption Event” means strike, lock-out, fire, explosion, floods, riot, war, accident, act of nature, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of the Party concerned;
“Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);
“Parties” means Simmer and the Customer;
“Products” means the Simmer plugins, themes and extensions which are made available through the Website and which are described in the Website;
“use” bears its ordinary meaning and when used in the context of –
- the Website, means to visit or load the Website in a web browser, mobile phone or similar software application or device or otherwise engage with the Website;
- Products or Content, means to copy, download, distribute, display, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate the Products;
“user” means a person who is not a Customer and who uses the Simmer Service or the Website;
“Website” means the Simmer website located at simmerwp.com or such other websites as may be associated with and controlled by Simmer from time to time;
“Simmer”, “us”, “we” and “our” means or are references to BWD inc. d/b/a Blog What? Design Inc., a corporation of New York State.
“Simmer Service” means any Subscription, Product, Content, or Support Service, either collectively or in any combination.