Dear customers,

On this page, you can get acquainted with the general terms and conditions of business relating to our contractual relationship and find other facts of relevance for informing for doing business between us.

Your ThemeStreet

The company SGC DIGITAL BITE INDUSTRIES LTD with its registered office at the address: Neda Center, 1st floor, Office 1B, 9 Spyrou Kyprianou Avenue, 3070 Limassol, Cyprus, VAT Number CY10370240A, email address: [email protected], website: themestreet.net (hereinafter: „Us“ or „Shop“) on 2022. year, adopted the following:

GENERAL TERMS AND CONDITIONS

General Conditions

The General Terms and Conditions of our shop are made in accordance with the Consumer Protection Act, the Trade Act, and the Electronic Commerce Act, and our best intention is to achieve cooperation with you to our mutual satisfaction.

These General Terms and Conditions of our shop (hereinafter: the “General Terms“) uniformly determine the conditions under which we provide the services and determine the procedure for exercising mutual rights and obligations of us, as the seller and of you, as the user (hereinafter: “User“).

General Terms are binding both for us and for you, as Users of the Shop and apply to all our mutual contractual relations, unless it is provided otherwise by a separate agreement.

The General Terms are an integral part of the Sale Agreement concluded between Us, as the seller and you, as the User.

Every interested domestic or foreign, individual or legal person having the required legal capacity or an entrepreneur can become our User by accessing our website, under the conditions and in the manner set in these General Terms. With each access to our web address, i.e. during each of your purchases, the User confirms that he/she is familiar with the provisions of these General Terms and fully agrees with them. These General Terms apply to each purchase made by each individual User.

In order to use the website and/or purchase, the User shall provide only those personal data (personal data) that are necessary to enable the User to access our website and obtain services, see more details related to the processing of the data in our Privacy Policy.

The User, before his/her purchase, does not have to become a registered user, in order to accomplish the purchase in our Shop.

We do not intend to and shall have no obligation to systematically monitor the content that is submitted, stored, distributed, or disseminated by the User via the website.

The Services

On our website i.e. our Shop, we offer to Users the following services:

WaaS
WordPress themes (single product)

At all times, the User independently and freely decides whether to use our services and what type of services. The User may find the basic features and characteristics of the services below. Please note that all our themes and plugins (based on the GNU license) may be used for private or business purposes.

1) WaaS

If you decide to use this service, please note that you are only the user of the site, but we remain the owners, and the files cannot be edited by you. Further, we will provide you with plugins immediately after you informed us about such a request. Please note that while using this type of service, you are not allowed to use themes provided by another provider. Furthermore, if you cancel the service, you cannot get you site and transfer it to another provider.

This service includes:

using photos prepared by us (the photos may only be used while you are using the service);
two hours monthly of free customer support provided by us (each hour started counts as a full hour);
Sparkle Home WordPress Theme;
Leads capturing slider plugin;
High-speed WordPress-optimized hosting;
SSL certificate;
Website installation;

We can provide this service to you on a monthly or yearly basis. Therefore, the price for this service varies depending on your choice. In both cases, when you stop using the service, you cannot request the money back. However, if you want to stop using this service (monthly or yearly), you must click on the termination link you received after purchasing in the first email. Otherwise, we will consider the agreement still valid.

Namely, if you use this service monthly, you shall pay $99 (tax excluded) every month. Precisely, you shall pay the first monthly rate immediately upon the conclusion of the contract (directly upon your choice to use this type of service). In contrast, each other monthly rate will be paid on the same day next month until you click on the termination link you have received after the purchase in the first email.

The minimum period for using this type of service is six months, which means that you may not terminate the contract before the end of that period. After that, you are allowed to terminate the contract whenever you decide by using the termination link you received after the purchase in the first email. In this case, we will keep your files for 6 months after the termination of the contract, after which these files will be destroyed.

On the other hand, if you decide to use this service yearly, you shall pay $999 (tax excluded) for the whole year. You shall pay such an amount immediately upon the conclusion of the contract (directly upon your choice to use this type of service). Please note that if you want to stop using this service, you must click on the termination link you received after purchasing in the first email. Otherwise, we will consider the agreement still valid (it is valid for the new year).

2) WordPress themes (single product)

If you decide to use this service, you must download it to use it. Please note that the license we have provided you with will be valid for one website only. This means you are not allowed to use it for multiple websites, resale it or to cede it, or modify the source code. We remain the owner of themes.

This service includes:

One website license;
All the future updates.

Ordering services and concluding a contract for the provision of services

Before deciding on using the service, you shall read the explanation contained above. After that, you may make a purchase decision, when it is necessary to place an order first.

To place an order, you need to follow the online purchase process and click on „Approve payment“. Right after that (within 24h from the moment the order is placed) you will receive an email confirming that we have received your order („Order Confirmation“). In this regard, when you receive the Order Confirmation, confirming that we received your order and within 24h from receiving the Order confirmation, we will notify you by e-mail if the order has been accepted and whether it will be available for use („Confirmation“). By confirming we confirm our ability to provide you with the selected service to you and thus conclude the Purchase Contract.

The Purchase Contract will be concluded only when We send you the email with the Confirmation. The Purchase Contract, besides your order, includes the Order Confirmation and the Confirmation as well as these General Terms. The Purchase Contract applies exclusively to the services we confirmed in the Confirmation.

The Purchase Contract between us and the User will be concluded only in the English language, always in writing. In this regard, we are not obliged to provide you with any other service that could have been a part of your order, until we confirm the provision of that service in a separate Confirmation.

These General Terms are available to you on our website and will be sent to you alongside the Confirmation.

Impossibility of order delivery

If it is impossible to provide you with the service (e.g. you provided us with the wrong email address), we will try to provide you once again. If it is impossible to provide you with the service, please get in touch via email or via the chat widget on the site to determine what the problem is and what data is wrong.

The price and the payment

The selling price is the final price per service, excluding the corresponding VAT, and is defined above.

The selling price is expressed in US USD. In case the price is paid from abroad, the amount your credit card account will be charged is obtained through the conversion of the price into US USD according to the current exchange rate of the applicable bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion, there is a possibility of a slight difference from the original price stated on our website.

We reserve the right to change the prices and the other commercial terms and conditions, about which We will duly notify Users on our website.

The User shall make a payment in accordance with the terms defined in this General Terms. You shall pay by using a payment card Visa, MasterCard, Maestro, or American Express, or paying in the bank/post to our bank account or by using PayPal. Besides paying for the selling price, the User needs to pay for the costs of the transaction (bank/post-commission), the amount of which is set by the bank/post.

When entering payment card data, confidential information is transmitted via public networks in a protected (encrypted) form using SSL protocols and PKI systems, as currently the most modern cryptographic technology.

The security of personal data while purchasing is guaranteed by the payment card processor, so the complete charging process is done on the bank’s website. At no time is your payment card data available to us.

We won’t archive, in any electronic form, data related to the payment card with which the transaction is being realized, especially the payment card number, expiration date, CVC2 and CCV number, etc.

We will send you an electronic invoice to the email address that you left at the moment of placing an order.

The electronic invoice has the same legal effect as a hard copy invoice. In this regard, we are not obliged to provide you with an electronic invoice in hard copy. Exceptionally, at your specific request, we may submit an invoice in hard copy by regular post, for which we may charge you the cost of postal services.

We would not be responsible if the User does not receive timely an electronic invoice or an invoice in hard copy (due to computer network failure or failure of the post).

The user is obliged to immediately inform Us after the expiration of the usual deadline for receiving the electronic invoice or the invoice in hard copy about its absence and request the sending of a duplicate.

Storage and transfer

User agrees that it will not exceed the bandwidth or storage space limits applicable to the purchased services. If the website exceeds the limits included in the services, or should User request or require increased limits, We will automatically bill User for any such upgrade in the level of services, or the additional incremental storage required by the User’s use to be included in the services, on a time and materials basis and in accordance with the fee schedule set forth in the plan that includes the appropriate storage amounts.

Right to withdraw

The conclusion of the Purchase Contract via the internet is deemed as conclusion of the distance agreement. Essential part of a distance agreement is the right to withdraw the agreement within 7 days of the purchase without cause. The 7-day deadline begins to run on the day the services are provided to the User or the third party designated by the User and expires on the 7th day from the day of receipt of the service.

In order to fulfil your right to withdraw from the contract, it is necessary that you provide us with an irrevocable statement on withdrawal of the contract, which you will receive with the Confirmation, and send it to our e-mail address: [email protected] We are obliged to issue the confirmation letter about receiving the statement of withdrawing.

If the payment was made using a payment card Visa, MasterCard, Maestro, or American Express, the User is obliged to cite in the statement the evidence of successful payment. (TRANSACTION_ID, AUTH_CODE).

The User is obliged to stop using the service no later than 7 days from the day of sending the statement of withdrawal. It will be considered that the User stops using the service before the expiration of the 7-day period, which period is calculated from the day of sending the statement of withdrawal.

We are obliged to make a refund to the User for the withdrawal, within 7 days from the date of receiving the withdrawal statement, in the same way as the payment was made.

The right to withdraw is only applicable for WordPress Theme purchases. If you have purchased a WaaS service, this does not qualify for a refund request.

Conformity of services

Provided services are presumed to conform with the contract:

1) if it corresponds to the description we have given and if it has the characteristics that we have shown to the User as a sample or a model;

2) If it has characteristics suitable for the particular purpose for which User is ordering it, and which has been known to us, or must have been known to us at the time of the conclusion of the contract;

3) If it is suitable for the purposes for which services of the same kind are regularly used;

4) If the quality and functioning correspond to what is usual for service of the same type and what the User can reasonably expect considering the nature of the service and public promises about the special characteristics of the services provided by us.

If the provided services do not comply with the contract, the User who notifies us about the non-conformity (by filling out a complaint form and sending a photo of the non-conformity), has the right to request from us to eliminate the lack of conformity, free of charge, or to request a price reduction or termination of contract regarding such a service.

The User cannot terminate the contract if the non-conformity of the services is insignificant.

Exercise of rights due to non-conformity of services

The User may send his/her complaint to us with a detailed explanation of what this non-conformity consists of, together with a photograph of the non-conform services (hereinafter: „Complaint“), within 8 days of providing you with the service or no later than 2 years from the day of providing you with the service.

Complaint is submitted by filling out a complaint form and sending photos of non-comforted services, which must be sent in e-mail form to the e-mail address: [email protected] We will send you a complaint form together with the Confirmation.

We are obliged to confirm the User’s compliant submission within 48 hours of receiving the Complaint.

We are obliged to respond to the User in writing or electronically without delay, and no later than eight days from the day of receiving the Complaint. The response to the Complaint must contain a decision on whether we accept the Complaint, a statement on the User’s request and a specific proposal and deadline for resolving the Complaint, which may not be longer than 8 days.

We will not accept Complaints that are unclear, incomplete and submitted late or delivered photos of non-conformed services has not show the reason for the complaint, as well as Complaints not submitted by the User or a person authorized to represent the User.

Copyright protection

Please note that any further reproduction or use of the services or amending the source code, without our explicit consent, is expressly forbidden. Any act in a different way will be considered a breach of contract and we will be entitled to compensation for the damage caused.

All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by us or our suppliers under this contract, and any know-how, methodologies, equipment, or processes used by us to provide the services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of us or our suppliers. To the extent, if any, that ownership of the such materials does not automatically vest in us by virtue of this contract or otherwise, User hereby transfers and assigns to us all rights, title and interest which User may have in and to the materials. User acknowledges and agrees that we are in the business of hosting websites, and that we shall have the right to provide to third parties services that are the same or similar to the services and to use or otherwise exploit any materials in providing such services.

Confidentiality

Each party agrees that during the course of this contact, information that is confidential or proprietary may be disclosed to the other party, including, but not limited to, software, technical processes and formulas, source codes, product designs, sales, cost and other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projections, and marketing data (“Confidential Information”). Confidential Information shall not include information that the receiving party can demonstrate (i) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving party; (ii) was known to the receiving party as of the time of its disclosure; (iii) is independently developed by the receiving party; or (iv) is subsequently learned from a third party not under a confidentiality obligation to the providing party. Except as provided for in this contract, each party shall not make any disclosure of the Confidential Information to anyone other than its employees who need to know in connection with this contract. Each party shall notify its employees of their confidentiality obligations with respect to the Confidential Information and shall require its employees to comply with these obligations. The confidentiality obligations of each party and its employees shall survive the expiration or termination of this contract.

User content

User assumes sole responsibility for (i) acquiring any authorization(s) necessary for hypertext links to third-party websites; (ii) the accuracy of materials on the Website, including, without limitation, User Content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted; and (iii) ensuring that the User Content does not infringe or violate any right of any third party.

Dispute settlement

Any dispute between us and the User can be resolved out of court (mediation or arbitration).

Initiation and litigation of out-of-court settlements do not exclude or affect the exercise of the User’s right to Court protection.

Personal data protection

Personal data is any data relating to a natural person whose identity is determined or identifiable, directly or indirectly, particularly based on an identity mark, such as name and identification number, location data, identifiers in electronic communications networks or one or more features of his physical, physiological, genetic, mental, economic, cultural and social identity.

Processing personal data is any action or set of actions that are performed automatically or non-automatically with personal data or their sets, such as collecting, sorting, grouping, i.e., structuring, storing, comparing or changing, discovering, inspecting, using, disclosure by transmission or delivery, multiplication, spreading or in any other way making available, comparing, restricting, deleting or destroying (hereinafter: “Processing”).

About the processing and collecting of your data, please visit our Privacy Policy available at https://themestreet.net/privacy-policy/

Miscellaneous

We oblige ourselves to provide you with the use of our website, within our technical capabilities, and we reserve the right, without special notice, to suspend the provision of service partially or in full due to work on the system or other maintenance needs, until there is a justified need.

The User is individually responsible for his/her actions when using our website, as well as for the content of his/her communication with third parties and the content that he/she makes available to the public through our website.

We have no responsibility for damage suffered by a User or a third party as a result of:

difficult transmission or occasional interruptions in the provision of services, which are caused by interference, atmospheric conditions, physical obstacles and other general reasons that can cause variability to which technology wired or wireless can be affected;
overloads, delays or errors in functioning on which we can’t have an objective influence;
unauthorized use of services by the user;
performing all types of financial and other business transactions by the user;
temporary or permanent suspension of the provision of Internet services prescribed by the provisions of these General Terms or by Law;
use of non-standard equipment by the User;
relocation of the User to another location from which access to our website is not available;
actions of vis major or other causes beyond our control;
permanent stop performing the activity of providing online shopping services.

Changes to the General Terms

We reserve the right to make changes and amendments to these General Terms. Regarding to this, we oblige ourselves to inform a User properly about changes to these General Terms, eight days before the changes take effect.

Validity of General Terms

These General Terms should become effective on the eighth day from the day of publication and should apply from the day 01.01.2022.