Terms and Conditions
1. The Legal Stuff
By accessing our Site or using our Product(s), you agree to the following terms:
This is an agreement between Webfire Themes, the owner and operator of www.webfirethemes.com (the site, products and any other services) and you, a user of the Site, Service or Products. This Agreement is legally binding and governs your use of our Site, Service or Products.
Throughout this Agreement, the words “Webfire Themes,” “us,” “we,” and “our,” refer to the website, products and services available from www.webfirethemes.com
By using or accessing our Site and using any of our Services or Products, you acknowledge and agree to these terms and agree to be bound by this Agreement and the terms outlined in the License Agreement. We may amend our Terms of Service and License Agreement from time to time without notice to you.
2. Historic Customers
Each section of the Terms and conditions has a “historic customers” subsection where any differences that apply to customers that purchased a template from Webfire Themes prior to 8th May 2015.
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Webfire Themes.
You may only use our products within the boundaries of our license agreement. Identification of mis-use will result in an immediate termination of the agreement bounded by the terms of service, including support. If license agreements are breached a request for compensation will be requested and failure to comply may result in legal action.
If you are using our template to build a website for a third party (a client, friend, company etc) you may transfer the final product (the website) you have created under the terms and conditions outlined by Weebly. At the point of transfer you are solely responsible for ensuring the Terms of Service and License agreement is understood by the party you have transferred to. As per our licensing agreement, you are not permitted to resell our product, but only the end product created from our template (A website you have built using our template).
All of our themes are just that, Themes (or Templates). Our products are Website Templates that can be installed onto Weebly and then used to build your own website. The features included with the theme are clearly stated on the Product page, and assumptions to “extras” should not be made. Pre-built or Demo Content is not provided with our themes and the demo websites you see are just examples of websites built with our themes.
Some of our products include advanced features that work independently of Weebly and may need to be configured via the code editor in Weebly. In scenarios where this is required, full instruction and support will be given.
4. Payments and Taxes
After browsing our site you may be interested in purchasing one or more of our Custom Weebly Templates. You will be required to submit payment information to do so. To process payments we use PayPal. You must agree with their terms and conditions before paying for any of our products.
You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases or licenses. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases or licenses.
All information in section “4. Payments and Taxes” apply to historic customers.
5. Download Limits
All of our products are available for download at least 4 times after the time of purchase, regardless of version. You are responsible for managing your downloads responsibly. The templates purchased by you must not be stored on any type of shared storage, shared with any other party or distributed.
The download limit given on each purchase will not be extended.
section “5. Download Limits” does not apply to historic customers. Any purchases made prior to the launch of the new Webfire Themes website will be limited to the download limits enforced previously. A link is provided after purchase where between 3-5 downloads can be made within the 48 hour period the link is active. To appeal for an updated version or the download link for a theme you have previously purchased you must log an appropriate support ticket. Each case will be reviewed and handled individually. Webfire themes reserves the right to decline your appeal for an updated version.
6. Discount Codes & Incentives
We may periodically issue voucher codes and incentives for discount on future purchases. Any deals offered cannot be used in conjunction with other offers. We may force expiration of any deals or vouchers with or without notice.
Any discount codes or incentives issued before the launch of the new Webfire Themes website will no longer be active.
Due to our products being intangible and irrevocable digital goods, refunds will only be permitted if one of our products conflicts with the product description or has technical issues (bugs) that we cannot resolve via our support service.
All demo themes are built using the same template that is sold to our customers and additional customization is not made to falsely enhance the product.
Scenarios where a refund WILL be offered
- You find a major bug or a technical fault that we can’t fix – A Bug or fault is defined by the ability of the end product (your website) to work as intended within the scope of the theme.
- The theme has been sold under a false description.
EG: The product description says the theme has an accordion widget and a tabs widget, but it only has a tabs widget
Scenarios where a refund WILL NOT be offered
- You Change your mind.
- You have attempted to perform a major customization which prevents a feature in the template from working.
- You don’t understand how to do something (Our support service will help).
- After building your website you decide you don’t like the theme.
Before any refund is rewarded the customer MUST firstly log a ticket through our support system so we can attempt resolution.
If the template payment is made via PayPal, request for refund will also be rejected if made prior to raising a ticket in the Support System.
All information in section “7. Refunds” apply to historic customers.
Webfire Themes offers Lifetime Support with any Custom Weebly Template purchased via www.webfirethemes.com
Access to a Members only support portal is granted at the point of purchase. Logging a ticket through the members only support area is the only method for logging support requests.
As part of our support service, to fix certain issues (major bugs) we may ask you to perform an upgrade to the latest version of the template, if it is the best course of action. If this is what we deem as the best option, we may not be in a position to support manually fixing such bugs due to the complexity in the code changes (hence the update being done in the first place).
What IS covered via our Support Service?
- Help with using the template for its intended purpose.
- Support if bugs/issues are found in the template.
- Support on “Minor” Customization’s (See below for what constitutes a Minor and Major Customization).
What IS NOT covered via our Support Service?
- Help and Support on any Weebly Templates other than Custom Weebly Templates purchased through www.webfirethemes.com (this includes any purchase of a Template designed by webfire themes that is sold via a third party provider).
- Support on any “major” customization made within a template.
EG: You want to implement a new widget that will pop up when a certain page loads.
- Any type of support on the theme if a “major” customization made by the user has caused issues with the default template
EG: You have implemented a new widget into the theme you purchased from us, but it is making some existing widgets behave strangely.
All historic customers will be entitled to lifetime support of their product. By default you will not have an account setup via our new support system.
For the first three months after the launch of our new website/support system the old system will still be accessible. please continue to log tickets via this method.
If you require support after this point please contact us via the “pre-sales” contact form available on our website via the “ASK US” tab on the left. Please provide information about your purchase including the email address used when purchasing the theme, the approximate date of the purchase and if possible the transaction ID. We will then manually create an account for you and email you the login details, at which point you can raise a support ticket on the new system.
9. Customization and Modification
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Services or Products with or without notice. You agree that Webfire Themes shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services or Products.
You (the customer) are permitted to modify our templates in any way as long as they stay within the boundaries of our license agreement.
A Minor Customization would be any change to the template that doesn’t change the functionality of the template, for example:
- Changing the color scheme.
- Using CSS to hide certain elements of a page.
- Changing the default font type/size/color.
- Small adjustments to the padding on certain elements.
A Major customization would be any changes to the template the fundamentally change the way it works either through addition or modification of the code, for example:
- Adding new third party/custom widgets to the template.
- Deletion of any css, html or js files/code within the template itself.
- Creating new page layouts.
- Changing any element of the responsiveness (unless it’s a bug you have found, in which case you should contact us first).
References to Coding
Our products are designed to work with Weebly, meaning to build your website there is no necessity do anything with HTML or CSS code. There may however be a requirement to perform minor tasks that involve HTML and CSS if you want to make use of certain aspects of the theme.. Generally this will be the use of Custom HTML widgets and making minor styling adjustments covered under the “minor” customizations.
Wherever this is necessary we attempt to offer in depth instruction and ad-hoc support via our ticketing system.
Please note: disputes based on the “need to know HTML and CSS” will generally be dismissed on the account that a perfectly functional website using solely the weebly features can be build from all of our themes. The “Extra” components we include with our themes such as custom HTML widgets are well documented and supported and are available for optional use.
Webfire Themes consider the term “coding” to refer to making changes/adding/removing either HTML / CSS code without any guidance and following direct instruction to add/remove/change something in the HTML/CSS file is following an instruction opposed to “coding”
All information in section “9. Customization and Modification” apply to historic customers.
10. Using Third Party Hosting Companies
Our products are designed to work with Weebly.com. By using our templates you also agree to the terms and conditions defined by Weebly. There may be situations where certain weebly.com features are not fully compatible with our products.
As stated above our products are designed and tested in Weebly. This does not include any development or testing of our products in rebranded versions of Weebly such as Weebly via Bluehost and Weebly Via iPage. Although the templates designed by Webfire Themes should work in all variations of Weebly, our templates are designed specifically for the latest version of Weebly, hosted by Weebly. We will still offer support to customers using re-branded and third party installations of Weebly, however issues that can be proven not to occur in Weebly Directly will not be covered under our refund and support agreement.
If you are using a third party (Hosted) version of Weebly through a hosting company like “Bluehost” or “iPage” Your hosting company may charge additional costs for importing/editing custom templates as well as using additional features of Weebly. Before you purchase from us you should check whether or not your hosting package expects more money to import a template. You should also note that Weebly.com do not charge extra for importing templates, and as well as always being assured you’ll be using the latest version of Weebly, hosting via Weebly.com is generally cheaper than using a third party hosting provider.
All information in section “10. Using third party hosting companies” apply to historic customers.[/creativ_alertbox]
11. Upgrades and Migrations
If migrating an existing Weebly website that uses a default Weebly theme, your content will still be visible, however our themes generally include multiple content areas where Weebly default themes generally use just one. This means your content will generally need re-positioning to fit our template.
If you are migrating from another custom weebly template (either from Webfire Themes or an alternative Custom Weebly Template designer) there is a possibility that some/all of your content may not be initially visible when installing the new template.
Please note if you are upgrading your website from a previous version of our theme (EG: version 1 to version 2) any customization you have made (minor or major) may not take effect after upgrade.
All information in section “11. Upgrades and Migrations” apply to historic customers.
12. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, Changes made in third party software used to host our templates, or any other event beyond our control.
All information in section “12. Force Majeure” apply to historic customers.