Please read the following Terms and Conditions carefully before using any products or services on www.magestore.com. By purchasing, installing or using products or services from Magestore, we assume that Customers read and agree to all the terms of this policy.
Terms and Conditions
Magestore is the copyright holder of all softwares sold on this site. The copying, redistribution, use or publication of any products without Magestore’s permission, is strictly prohibited. You are not allowed to use any part of our code in a whole or as part of any other software or product or website.
2. Product license
2.1. Grant of product license
By purchasing a product of Magestore:
- The customer may receive the source code upon reasonable request.
- The customer will obtain a license certificate which will remain valid until the customer stops using the product; or until Magestore terminates this license because of the customer’s failure to comply with any of its terms and conditions. Each license certificate is valid for one live Magento installation only and one testing/development environment (both running the same setup). Any planned changes to the environment should be noted beforehand to avoid unexpected additional license costs.
- The Customer is allowed to customize our products to fit with their using purpose.
Note: Please be noted that Magestore will not be responsible for any issues incurred from customer’s modifying the source code, customizing by themselves, or from another party not stated as a stakeholder in this project beforehand.
2.2. Description of other rights and limitations
(a) Installation and Use
For each additional or new software installation, the customer is obliged to purchase a separate license.
The customer must not take any part of the code and use it within another software or product. The source code is provided for the sole purpose of customizing the product. Reusing any parts of the code may result in blacklisting and no possible future purchases or updates from Magestore.
The Customer is legally bound to preserve the copyright information intact including the text/link at the bottom.
The Customer is not allowed to distribute Magestore software to third parties. Any distribution without our permission, including non-commercial distribution, is considered as a violation of this Agreement and entails liability, according to the current law. The Customer may not place the Software onto a server that allows access to the Software via a public network or the Internet for distribution purposes.
The Customer may not give, sell, sub-license, rent, lease or lend any portion of the Software to anyone.
Compliance with Applicable Laws
The Customer must comply with all applicable laws regarding the use of software products. Magestore software and a portion of it are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Accordingly, the Customer is required to treat the software like any other copyrighted material. Any activity violating copyright law will be prosecuted according to the current law. We retain the right to revoke the license of any user holding an invalid license.
Without prejudice to any other rights, Magestore may terminate this License at any time if the Customer fails to comply with the terms and conditions of this License. In such event, it constitutes a breach of the agreement. The license to use the program is revoked and you must delete all copies of Magestore products in your possession.
If the customer continues using Magestore software after the termination of their license, the customer accepts that this may result in legal consequences to prevent its further use. The customer will have to pay all costs (including but not limited to reasonable attorney fees) to enforce our revocation of the license and for any damages suffered by us due to the misuse of our software.
In case of license termination, Magestore is not bound to return the customer the amount spent for purchase of the software.
2.4. Limitation of liability
In no event shall Magestore be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of Authorized Users use of or inability to use the Magestore products, even if Magestore has been advised of the possibility of such damages.
In no event will Magestore be liable for prosecution arising from the use of the Software against the law or for any illegal use.
2.5. Product line
Magestore offers multiple product lines depending on the Magento version being used.
Updates within a product line are covered by our update guarantee. Updates of the Magento version by the customer might result in a necessary upgrade or switch to another product line of Magestore’s product and should be discussed with Magestore beforehand.
Please refer to section Product upgrade for further information on product upgrades.
3. Product update
Magestore offers Free Future Updates for our customers. That means the customer can download new features for their purchased package without extra free, when there are new changes/updates to that product line. However, if the customer requests an implementation or other customization services for the newly-updated package, we will charge an installation and/or extra customization fee.
The update depends on the company’s policy on product sales, and update, which means the future updates might be restricted to company’s decision of terminating the product selling.
Please note that Magestore updates are independent from Magento updates.
That means a Magento Update can result in a Magestore Product Upgrade.
4. Product upgrade
- While an update involves making small changes like bug fixes or security patches, an upgrade mostly includes a set of significant and substantial changes.
The upgrade is a process of replacing your product with a newer version of the same product or product line. It is more complicated and involves more working hours because of the amount of data that needs to be replaced.
- Updates are always free as they are not distinct software but are only meant to modify a pre-existing installation. On the other hand, upgrades are distinct and do not need the older software to function. The Customer can expect to pay full price for the upgrade, though some discount might be offered for those who own the older version.
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During the customization process, the customer needs to ensure a constant access for Magestore and provides the requested credentials upon request.
If the customer refuses to provide access to the sites or denies sharing credentials, Magestore will develop the customization locally and deliver a package of the solution and the customization. In this case support is limited and Magestore does not take responsibility for any issues due to the lack of site information (other customizations, extension conflicts, etc.).
For each customization delivery, the customer is asked to provide confirmation. If there is no reply within 30 days, Magestore considers the customization to be done. Any further adjustment requirements afterwards might be considered as a separate customization.
6. Development Approach
6.1. The methodology
The solution will be delivered following the Agile methodology and is currently estimated to consist of weekly sprints. The Customer and Magestore will jointly define the contents of each sprint.
This method offers the customer with the following benefits:
- Risk and issues/bugs are reduced due to the reasons stated below
- The development progress is ensured
Specifically, the basic principles are described below:
- Offer the ability to adjust business requirements throughout the development process:
- Early testing and experiencing
- Real-time feedback
- Quick adaptation
- Increase the ownership of the customer:
- Ability to complete the project anytime if all the business requirements are met ahead of schedule
- Less documentation, more collaboration
- Prevention of potential time wasters like detailed documentation and mock ups during the pre-development process
- Direct and ongoing discussion with the whole solution team during the development process.
Required input from the customers:
- Prepare the acceptance environment:
- Acceptance site is a component in the Quality Control stage, where all the development works will be deployed and tested before launching on the production site.
- The acceptance site must contain a very similar setup to the live (production) site to avoid potential conflicts later on (e.g. 3rd party extensions, customizations, etc.)
- Magestore will support the customer to prepare the acceptance site
- Arrange time and human resources for the follow tasks:
- Testing the solution
- Ongoing availability to our development team during the project
- Prior schedule arrangements.
6.2. Change requests
Both parties recognize that there will be change to the scope throughout the development process. Change will be accommodated provided that the new estimation does not exceed the total amount agreed in the specification.
The customer will be provided with the business analysis (BA) document with detailed mockup for each Story before the coding. This document will be considered as the finalized business requirements and the acceptance after each Sprint.
No changes shall be made to Stories being delivered in the current Sprint, Stories already delivered but not yet accepted and Stories accepted.
Any changes, which impact user stories, which have already been delivered, will usually require additional rework and will be considered as new Stories.
6.3. Summary of Deliverables
The customer has reviewed and approved the requirements defined as Stories and developed in conjunction with Magestore. The size of the functionality defined by the requirements has been mutually assessed in the requirement specification.
The initial stories and story tests with estimated time to be delivered are detailed in the specification. These will be reviewed and signed off as complete by the Customer. The working copies of these documents are kept within a project document management system and have been baselined. All changes to these requirements are subject to the change control process documented in this agreement.
Magestore will provide the customer with the following deliverables at completion of the project:
- Binary packages implementing functionality in the scope of the development.
- Source code, build procedures, test scripts, test data and all other artefacts used to produce binary packages above (upon request)
- Other non-binary deliverables, such us user manuals, design documentation, training materials, etc. defined by specific user stories in the scope of the development.
The requirements have been defined in the form of Stories, which will be accepted and signed-off by Magestore.
A story will be deemed completed when 100% of the Stories have been passed the Coding Quality.
The customer must review and test Stories delivered in the Acceptance environment within five (5) working days after the completion of the Sprint.
Magestore will make changes to deliverables according to written feedback. All amendments to the deliverables shall be included in the Project Backlog for the next Sprint or later, as agreed with the Customer.
- Acceptance site is accessible to Magestore and should be as close as the production site as possible in order to reduce the potential risks due to the code movement between sites.
- The Acceptance site that the Customer provides to Magestore is isolated from other environments. There should be only Magestore exclusively, and no other parties working on the site, unless specifically asked for by Magestore. This is to make sure that the result of Magestore work is not influenced or interfered by external factors, and that the acceptance by the customer is objective.
- When other environments are different from the acceptance site, and if Magestore does not have the access to those sites, Magestore will not be responsible for any issues related to the different environments, though the support is still available as stated in section #7.
- In case the Customer does not have an acceptance site, the Customer needs to provide Magestore with the Magento version. A fresh Magento installed with sample data on the version of Magento that customer provided will be considered as the acceptance site. Magestore will install and test the solution on this site.
The purchase of a Magestore product includes one year support service free of charge. This service starts counting from the day of the purchase. If additional support is wished after one year (irrespective if the solution was used within this time or not) the customer is required to purchase an extension of the support. Exceptions may apply if the reason the solution couldn’t be used is Magestore’s fault. The fee for support extension will be based on the purchased product and communicated with the customer.
There are occasions when Magestore needs to rebuild their products due to major updates in Magento. In this case the product might not receive any further updates. If the customer wishes to receive future updates, he or she can consider moving to the new product line.
The price to move to another product is not fixed in this case, and depends on previous purchases and customizations.
7.1. Scope of support service
Magestore commits to making all reasonable efforts to remedy any bug of the software submitted by the customer through the appropriate channel (Magestore Ticket system, Slack, general support email, or Help Center) with respect to the use of the standard features of the Software and Services (functionalities, intended use, configuration, troubleshooting).
A bug is considered any failure of the Software that results in a complete stop, error traceback or security breach, and is not directly caused by a defective installation or configuration. Non-compliance with specifications or requirements will be considered as bugs at the discretion of Magestore, typically, when the Software does not produce the results or performance it was designed to produce by Magestore, which is fully demonstrated in Magestore demo environments.
The Customer understands that bugs caused by a modification or extension made by the Customer that is not part of the official Software will not be covered by this service.
As soon as the bug is fixed an appropriate remedy will be communicated to the Customer.
If the bug has been addressed in a more recent revision of the Covered Version of the Product Line used by the Customer, the Customer agrees to update its systems to that revision in order to obtain the correction.
Other assistance requests, such as additional questions related to development, customizations or services requiring to access the Customer’s database including upgrading, may be covered through the purchase of a separate Service Pack. In case it’s not clear if a request is covered by this Agreement or a Service Pack, the decision is at the discretion of Magestore.
To ask for support or report bugs, please submit a ticket to our Support system. The ticket request will be responded within 24h since it’s submitted and the expected timeline (resolution time) will be updated in the response. Please understand that tickets arriving during the weekend will be processed when we’re back to work on the following Monday (GMT+7).
Tickets that don’t receive any more replies by the customer will be automatically closed after 30 days.
For the duration of this Agreement, Magestore commits to using commercially reasonable efforts to execute the Services in accordance with the generally accepted industry standards provided that:
- The Customer’s computing systems are in good operational order and the Software is installed in a suitable operating environment.
- The Customer provides adequate troubleshooting information and any access that Magestore may need to identify, reproduce and address problems;
- All amounts due to Magestore have been paid.
The Customer’s sole and exclusive remedy and Magestore’s only obligation for any breach of this warranty are for Magestore to resume the execution of the Services at no additional charge.
This term excludes the custom development made by the customer. If the Customer wishes Magestore to fix the issues occured by the changes that the Customer made themselves, the additional fee may be required.
8. Consent to track usage
Magestore collects information to provide better services and insights for our clients.
We collect the total orders created from our product (only the number of orders, no information from the order itself is collected) once per day. This is to make sure that the product is running properly and detect possible issues early on.
We only collect this information if you agree for us to do so and process it with your consent. We don’t provide or sell any of this information to third parties and only use it as stated in our Privacy Statement.
Magestore provides the possibility for you to access, alter, or delete your profile information. You can also contact our support for more help.
We take all measures reasonably necessary to protect the confidentiality, integrity, and availability of your information on Magestore.
The customer agrees not to solicit or offer employment to any employee of the other party who is involved in performing or using the services under this Agreement.
10. Return and exchange
At Magestore, we want you to be completely satisfied with your purchase. If the Customer is not satisfied with your order, the Customer has two options for return or exchange.
- Return: As Magestore’s products are downloadable, the Customer can request to return our products and get a full refund within the restricted refund period and conditions as mentioned in the section Cancellation and Refund.
- Exchange: After purchase, the Customer may request to exchange their purchased product for another product of equivalent or higher value. If the Customer wants to exchange the product for another of higher value, the Customer needs to pay the difference in price. Please submit an exchange request to our Support system. After we finish the evaluation of your request, agree upon the exchange and the Customer has made the essential payment (if needed), the product will be added to your Magestore account for downloading under My Downloadable Products section.
11. Cancellation and refund
The Customer may cancel their use of Magestore products anytime, and the cancellation is effective immediately. The Customer can request for a full refund within the restricted refund period and condition as below:
- Product/license refund:
365-day money back guarantee for the product since the date of purchase (excluding customization services).
Please see below (11.1 and 11.2) for more details on refundable cases.
- Customization refund:
Customizations that are agreed on between the client and Magestore are generally excluded from refunds.
There may be exceptions where Magestore fails to deliver on the agreed solution. However, due to the varied nature, these exceptions will be discussed and handled case by case.
11.1. Refundable cases
Customers can request for refund in the following cases:
- Conflict with other tools/extension Magestore knew of beforehand
- Late delivery
- Serious bugs which can’t be fixed or customized
- Delivery is different than agreed upon by both parties
11.2. Non-refundable cases
Refunds are not allowed for the following cases:
- Predictable and unpredictable changes of business that do not require to have Magestore POS solution as planned before
- Unmet requirements that were not shared and defined clearly with Magestore beforehand
- The product was only purchased for testing purposes
- Refusing reasonable customization
To request refund, please submit a ticket with your order information to our ticket system.
12. Product delivery
After finishing payment, you can download your purchased product(s) by logging into your account at Magestore and going to My Downloadable Products. A confirmation email is also sent to your registered email address. We bear no responsibilities should you give wrong personal information and email address, which leads to no receipt of confirmation email. Hence, please ensure you have checked these information carefully before proceeding with payment.
Our responsibility in product delivery is considered complete after the downloadable package of you purchased product presents in your Magestore account. If you have any enquiry or request for assistance regarding to product delivery, please send to our ticket system. Please refer to Section Support for more information regarding support after purchase.
The confirmation email may arrive in your Spam or Promotion box. Hence, please check them before contacting us.
Except as expressly provided herein, neither party makes any warranty of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law.
Magestore does not warrant that the Software complies with any local or international law or regulations.
14. Force Majeure
Neither party shall be liable to the other party for the delay in any performance or failure to render any performance under this Agreement when such failure or delay is caused by governmental regulations, fire, strike, war, flood, accident, epidemic, embargo, appropriation of plant or product in whole or in part by any government or public authority, or any other cause or causes, whether of like or different nature, beyond the reasonable control of such party as long as such cause or causes exist.
15. Governing law
This Agreement shall be governed by the laws of Vietnam. Any dispute arises out of or in connection with this Agreement, without regard to choice or conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereinabove, the parties agree to submit to the sole jurisdiction of the Hanoi court (Vietnam) for the purpose of litigating all disputes.
16. Policy changes and updates
Please note that this policy may change. Magestore reserves the right to add, remove, change and/or modify this policy at any time. The changes will be updated on this page and, if the changes are significant, we will provide a more prominent notice.
Last update: August 25th, 2020