Terms of Service
This website is owned and operated by Acsell which is a brand within Sellerdeck Ltd. If you have any comments please contact Acsell by email on [email protected]
These terms of service were last updated on 27/01/2022.
At a Glance
- Your initial purchase of a Plugin will include an annual subscription to support and updates
- Every subscription has automatic renewal included and the subscription will renew annually automatically
- Further information on how to access support is here. You can read the terms of support within this page.
Advice and content
- We provide advice and content which you can use to make informed decisions, however we cannot be responsible for the results of your actions based on our advice and content
Exclusion of liability
- We detail terms on how we protect each other from liability
Licence and intellectual property
- Using WordPress and WooCommerce we conform to GNU GPL v3, however we have also detailed the terms on areas that are outside of GNU GPL v3.
These terms of service (the “Agreement”) is between Sellerdeck Ltd (“us”, “we”, “our”, “Sellerdeck”) a Company incorporated in England and Wales (no 03221222) with a VAT registration of No: GB 834 8536 04 whose registered office is at 1 Emperor Way, Exeter Business Park, Exeter, Devon, EX1 3QS and you ( “you”, “The Customer”) (together “the Parties”) and governs the provision of services and Plugins by us the supplier to you The Customer. These are the terms of service for use of our Plugins and Services and constitute a legal agreement between you and us. The Customer signifies its consent to this Agreement by using the Plugin or Services or by indicating its acceptance through purchasing the Plugin or Services and The Customer doing so thereby also acknowledges that it is duly authorised to make this Agreement and that it has read and understood this Agreement.
Our Plugins are created for WordPress and WooCommerce, which are open-source software released under the GNU GPL v3, more detail on this can be found here – http://www.gnu.org/licenses/gpl.html.
Acsell offers a 30 day money back guarantee on all of its Plugins, meaning if you submit your refund claim within 30 calendar days of purchase you will receive a full refund.
To claim your refund please raise a support ticket via our support centre, including the reason for your refund claim.
Once the refund claim has been received, we will use our best efforts to process your request within three days and the payment will be deposited back to your card within seven business days of it being processed. We aim to provide the full refund within ten business days from your initial refund claim.
Once your refund claim has been accepted you will no longer be able to access the Plugin, support, updates or any other benefits from the refunded Plugin.
You cannot receive more than one refund on the same Plugin.
If there is an exchange rate applied, this may impact the amount of the refund. We will not repay the additional difference in exchange rates.
We will never refund an amount greater than the Plugin purchase price.
No refunds are provided after 30 calendar days of your date of purchase.
We only support the products sold by Acsell, when there is an active subscription held by the customer.
Support can only be accessed through our support centre and ticketing system.
We are able to support up to three people within an organisation for each plugin.
We will aim to provide an initial response within twenty four hours of a ticket being created, however we cannot guarantee this will happen due to time zone differences and volume of support tickets. We make no guarantee to provide support within a set time period.
We cannot support all legacy versions of our Plugins and other WordPress and WooCommerce related products. For our Plugins, we support the latest version only. For the core WooCommerce and WordPress installations, we follow the same approach as WooCommerce and offer support on the ‘latest minus two versions’, where the version number is in the format of x.y.z – we focus on the second then first number. You can see the full release history of WooCommerce on WooCommerce’s Releases developer page. For example, if the current version of WooCommerce is 5.5.z then the oldest WooCommerce version we support is 5.3.z. At 6.0., support would be down to 5.8.z.
We only support The Customer for Plugins bought from us.
We do not support customers without an active subscription.
We do not support sites with custom code changes to our core Plugin code.
We do not provide general support for WordPress and WooCommerce.
We do not support and cannot take responsibility for third party products and services which collide with our Plugins, unless they are state as compatible.
We do not deactivate themes and plugins for investigation to identify the cause of an issue. We will ask you to carry out this exercise and provide details on your results.
We do not support changing the way your site looks or functions outside of our Plugins control.
Any customisations applied by your or third parties are unsupported and may impact compatibility with future versions of our plugins.
Compatibility and Collision
Each of our Plugins have different compatibilities. Each Plugin will have these listed under the ‘Compatibility’ area on our website.
We use best efforts to ensure compatibility, however we cannot guarantee that the unique setup of your installation will have been tested and therefore cannot guarantee compatibility.
We cannot test every possible scenario which means there will likely be bugs.
We will fix bugs at our discretion, focusing on the highest impacting bugs.
Our Plugins are purchased with an annual subscription that automatically renews every year until cancelled by The Customer.
The renewal ensures you have access to support and new versions, which keeps your WooCommerce store secure and functional.
Prior to renewal, 30 days before the renewal date, we will send one email to the email address within your account with information on your renewal.
The annual subscription will automatically renew on the next term, one year after the initial Plugin purchase or the subsequent renewal and on the renewal date.
The payment method you initial used for purchasing the Plugin or renewing the subscription will be used again, unless updated by The Customer to an alternative payment method.
The renewal price will be the full Plugin price at the time of renewal with no discounts applied.
Payment is required in full, meaning we have received confirmation of a successful payment through our payment gateway, before being able to access Plugins or support. If there is a pending payment, the payment must be settled before the Plugin can be delivered or support provided.
Once you have successfully paid for the Plugin, you will be emailed the files of the Plugin typically within a few minutes of purchase, however please allow for up to one hour. If you do not receive the email please check your junk folder, then contact us through our website.
If you decide cancel your subscription and automatic renewal, you can do so at any time. To cancel, log into your account and select the appropriate options.
Once you cancel your subscription you will no longer be able to access the Plugin, support, updates or any other benefits from the refunded Plugin.
We do not provide refunds on renewal payments.
We reserve the right to refuse service or cancel your subscription.
It is our goal to deliver enterprise level solutions to the SME market. We aim to create great value from our Plugins and Services and from time to time we may change prices to ensure we have the revenue to re-invest into our Plugins and Services. Therefore, we reserve the right to make changes to prices without notice.
Advice and Content
Advice and content, through conversations or on our website or other channels operated by us, is owned and provided by us unless stated otherwise. We use our best efforts to ensure the content does not infringe on any legal provisions or third-party rights; however without prejudice we ask that you report any breaches to [email protected].
All the content provided by us is of good quality and factually correct to the best of our knowledge; however you should always use multiple sources when seeking information and advice before taking actions that impact your business. We cannot be held responsible for the impacts of taking onboard and implementing anything from any content we produce.
Tax and Other Duties
All prices quoted are always exclusive of VAT and any other applicable tax, import, and all other duties which may be levied as required by law and we may add VAT or such applicable tax to any fees it charges The Customer.
Exclusion and Limitations of Liability
Nothing in this Agreement shall exclude or limit the liability of either Party for death or personal injury resulting from the negligence of that Party or in respect of fraud or of any statements made fraudulently by that Party, or arising under Part 1 of the UK Consumer Protection Act 1987 in respect of any defect in our services or Plugins. Subject to the exception set out above and to the fullest extent permissible by law, we will not be liable to The Customer whether in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise for any (whether direct or indirect) of: (a) loss of profit; (b) loss of revenue; (c) loss of sales; (d) loss of anticipated savings; (e) loss or corruption of data; (f) loss of contract or opportunity; (g) loss of goodwill; (h) costs incurred in modifying, testing, implementing or configuring our Plugins (whether in accordance with our documentation and other instructions and advice or recommendations or not); (i) unreasonable costs in remedying any loss; or (j) indirect or consequential loss. Subject to the exception set out in the paragraph above and to the extent permissible by law, in the event that we are liable to The Customer in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise its liability shall be limited to a claim or series of claims in aggregate for the fees paid to us during any single consecutive annual period after The Customer’s acceptance of this Agreement for any one event or series of connected events. For purposes of this section, we include our employees, sub-contractors and suppliers. The Customer acknowledges that given the price paid for the Plugin and Services, the short commitment required of The Customer, the complicated nature of the software involved, the numerous software and hardware environment combinations in which the Plugin and Service must operate, the fact that we cannot anticipate the particular purpose for which The Customer is using the software and the availability of insurance for any loss that the above limitations and exclusions are reasonable in all the circumstances. Other than as expressly set out elsewhere in this Agreement all representations, warranties, conditions and terms express or implied whether statutory or otherwise are expressly excluded by us and by our suppliers to the fullest extent permitted by law.
Intellectual Property Rights
All Intellectual Property Rights relating to the provision of our Plugins and Services created by us or our Suppliers on behalf of The Customer are the property us or our suppliers or the Licensor or other third parties that have licensed the use of such rights to us. Where a Licensor has licensed rights to us with stated restrictions on sub-licensing these restrictions will apply to The Customer and the Licensor shall have the right to enforce these restrictions on The Customer through the courts. The Customer acknowledges and agrees that content available from us or our suppliers or the Licensor or other third parties that have licensed the use of such rights to us, including but not limited to text, software, music, sound, logos, trade marks, service marks, photographs, graphics, or video, is protected by copyright, trade mark, patent, or other proprietary rights and laws, and may not be used in any manner other than on the same restricted basis as specified for the purposes of this Agreement. The Customer will respect the intellectual property and copyrights of all third parties. Us and our suppliers or the Licensor grant The Customer a non-transferable and non-exclusive right and licence for the duration of this Agreement to use our Plugins and Service in accordance with the documentation and any limitations imposed by the Licensor and use relevant support materials and documentation only as required to use our Plugins and Services. Any use of the Intellectual Property Rights relating to any of our Plugins or services other than as authorised under this Agreement is prohibited including copying, disassembling, decompiling or reverse engineering software, interfaces or other intellectual property owned us or our supplier except to the extent explicitly permitted by statutory UK law and GNU GPL. All rights not expressly granted are reserved. Nothing in this Agreement shall prevent or restrict us or our Suppliers from using and exploiting any intellectual property rights, techniques, tools, ideas or know-how created, used or developed during the provision of our Plugin or Service for any purpose whatsoever. We will keep The Customer fully indemnified against all reasonable costs, claims, expenses, judgments and liabilities suffered by The Customer howsoever arising through our or our supplier’s infringement of third party intellectual property rights which have not been caused by actions of The Customer provided that The Customer notifies us in writing of the claim or action immediately that The Customer becomes aware of it; that The Customer grants sole control of the defence of the claim or action to us or our supplier at our sole discretion; and The Customer gives us or our supplier complete and accurate information at the time of disclosure and full assistance in enabling us or our supplier to settle or defend the claim or action. The Customer will keep us and our suppliers fully indemnified against all reasonable costs, claims, expenses, judgments and liabilities suffered by us or our suppliers howsoever arising through The Customer’s infringement of third party intellectual property rights which have not been caused by the actions of us or our suppliers. The Customer will keep us and our suppliers fully indemnified against all reasonable costs, claims, expenses, judgments and liabilities suffered by us or our suppliers howsoever arising through any claim or action by The Customer’s customers or prospects and arising out of use of our Plugins or Services. All Intellectual Property Rights created during the provision of our Plugin and services are the property of us. The Customer hereby assigns all right, title and interest in any such intellectual property rights and agrees to provide any assistance that we may require to perfect its title to such rights. We grant a royalty free perpetual license to the rights to The Customer to use solely for its immediate benefit and solely in connection with its business.
The GDPR, Data Protection and Privacy
Conformance with the law and general standard of decency
We reserve the right to refuse to provide our Plugin and services to The Customer where we believe, in our sole discretion, The Customer: (a) makes available goods or services, or uses or displays materials, that are illegal, immoral, dangerous, or are otherwise inappropriate; (b) The Customer has become the subject of a government complaint or investigation; (d) The Customer is the subject of public adverse comment of a nature that our continued involvement in providing the Plugin or service to The Customer might cause damage our business. The Customer agrees that it is solely responsible for all goods and services sold, rented, leased, licensed or otherwise made available to other businesses, organisations or individuals by The Customer and utilising our Plugin or Services in order to supply them. The Customer agrees that it is responsible for conforming to all laws and will obey all laws regarding the use of our Plugins and Services in the jurisdictions where it conducts business.
“Sellerdeck” is a registered trade mark of Sellerdeck Ltd or its wholly owned subsidiaries in the United Kingdom, USA, EU, Canada, Australia and Japan. The Customer may not use the Sellerdeck trademarks or those of any of Sellerdeck Ltd’s suppliers in any way without Sellerdeck Ltd’s prior written consent, nor will it challenge the validity or ownership of such trade marks.
We shall not be liable for any failure in performing our obligations under this Agreement due to circumstances beyond its reasonable control. Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, pandemics, accident, riots, acts of government, or any other cause beyond the reasonable control of such Party; provided that the Party whose performance is affected by any such event gives the other Party notice thereof within ten (10) business days of such event or occurrence where such event has not made it impossible to do so.
Claims and Information
Either Party will notify the other Party promptly of any claim or potential legal claim in connection with this Agreement and provide reasonable details and give the other Party reasonable assistance in connection with the investigation or defence of such a claim. The Parties agree that they will keep confidential (except as required by law and as required for them to take professional advice, or as required by them to perform their obligations under this Agreement) all confidential information about this Agreement and the other Party’s customers and suppliers, unless that information was already known to them or has entered the public domain by means other than the breach of this clause of the Agreement.
Choice of Law and Jurisdiction and General
This Agreement shall be governed by and construed in accordance with English and Welsh law and the Parties hereby submit to the exclusive jurisdiction of the English and Welsh courts. This Agreement contains the whole Agreement between the Parties in relation to all of our Plugins and Services and supersedes any prior written or oral agreements relating to the same. If any provisions of this Agreement are held to be invalid under any applicable statute or rule of law, they are to that extent omitted from the Agreement without affecting the validity or enforceability of the remainder. The failure or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy. Any action against us must be brought within two years after the cause of action arises. This Agreement does not confer the right on any third party (other than as expressly provided for herein) to enforce any provision of this Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Any rights conferred on any third party hereunder may be altered or extinguished by the written agreement between the Parties without the consent of the third party. Where the context so admits words denoting the masculine gender shall include the feminine or the neuter and vice versa and words denoting the singular shall denote the plural and vice versa. Sub-headings are solely to aid the reading of the Agreement and do not form part of the Agreement. Although we make all reasonable efforts to ensure that our Plugins and Services provided are secure, The Customer acknowledges that the Internet is inherently insecure and subject to attacks whose nature cannot be predicted or fully protected against. We give no warranties and makes no claims about the security of our Plugins and Services other than explicitly stated in this Agreement.
“Plugin” a Plugin is a software application that extends or adds features and functions of a WordPress or WooCommerce installation.
“Service” a Service is package of deliverables agreed between us and you.
“Subscription” is an annual subscription which gives you access to our Plugin updates and support
“Sub-contractor” a Sub-contractor is an individual or business that we employ to deliver part or all of our Plugins or Services.
“Third party” a Third party is an individual or business separate to us or you. “Intellectual Property Rights”: all patents, copyrights, design rights, trade marks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world