Terms And Conditions


Last updated: January 15, 2024

 

Price & Payment

All prices are in GBP (£), or USD ($).

UK companies with a GB VAT number may pay directly for software licenses via Bank Transfer.

All other sales are made though our payment processor Fastspring which will apply the necessary taxes and VAT applicable to sales to the country of Purchase.

Where purchase are made via purchase order using Fastspring. It is at the discretion of Hydropixel Ltd, whether to ship goods / generate license's before 100% of payment has been made.

All costs associated with payments are at the payer's expense.

Hydropixel will incur all shipping costs.

 

License Fulfillment

Following an order, the customer will be given the choice of either software dongles or hardware dongles without any difference in price.

Once an order has been approved a software license will be generated and sent to the user via email, either a permanent license or a 2 week temporary software license to cover the period while a hardware dongle is in transit.

 

Shipping

Hardware dongles will be shipped via courier and a reasonable estimate of shipping time will be provided.

Hydropixel will not be held liable for any unforeseen delays in delivery due to export / import controls or other shipping delays. If necessary additional software licenses will be provided to cover the period of any delays.

 

Support & Upgrades

All licenses include e-mail support with replies usually within 24hrs for no additional cost.

All permanent licenses gain access to all future versions of software for no additional cost.

 

Refund Policy

There is a 5 day period following purchases where refunds will be granted if requested.

In the event that a dongle has been shipped, the refund will be made when the Hydropixel has received the returned hardware dongle. All shipping costs will be deducted from the price refunded by Hydropixel.

 

Disclaimer and limitation of liability

Prices may be subject to change at any time without advance notice.

Hydropixel disclaims product liability to the widest extent possible under the applicable jurisdiction.

 

Storage of information

Purchaser information, such as customer address and contact information will be stored securely by Hydropixel for the purpose of record keeping and account creation to allow the customer to access the software download area.

No information will be passed to 3rd parties.

For more information, refer to our privacy policy

 

Cookies

Hydropixel uses cookies to ensure that visitors have the best possible experience when visiting hydropixel.com. These cookies are used for traffic management and site optimisation purposes.

For more information refer to our cookie policy.

 

Software License Terms and Contitions

Unless otherwise specifically agreed in writing, the following Terms and Conditions apply to any software (here after referred to as "Software") licensed by Hydropixel Ltd, 27 Hangcliff Lane Lerwick, Shetland, UK (hereafter referred to as "Hydropixel") to any customer to any customer (hereafter referred to as the "Customer").

Any accepted order, or delivery method of Software or Hardware between Hydropixel and Customer shall hereafter be referred to as the "Agreement".

The following Terms and Conditions apply for all orders:

 

Extent of Agreement

  • The Agreement covers all parts of the order and supersedes any prior agreement between the parties.

 

Grant of License

  • The Software includes any computer program(s), updates and electronic documentation supplied by Hydropixel to the Customer.
  • The Customer shall not be entitled to use the Software for any illegal purposes.
  • The Customer shall not be not entitled to decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code or underlying programming, except as permitted by mandatory provisions under applicable laws.
  • If the Software contains third party components then the Software shall be subject to the terms of the third party components in addition to the terms and conditions of the Agreement.
  • The Customer shall not be entitled to re-sell, assign, rent, lease, pledge, license, sublicense, transfer or otherwise distribute the Software or the license for the Software to any other person or entity without the express permission of Hydropixel.

 

 Delivery / Delays

  • Delivery of hardware dongles shall take place be in accordance with Incoterms 2020 shipping terms.
  • Hydropixel is not liable for any delays due to export/import control regardless of which countries the Software is shipped from or delivered to and any estimated or fixed delivery date shall be postponed by such delay.
  • If delivery cannot take place as stipulated in the Agreement, Hydropixel will inform the Customer in writing without any delay. If a delay extends beyond 12 weeks and the delay is not due to force majeure, import/export control or other reasons for which Hydropixel is not responsible, the Customer will be entitled to cancel the Agreement and reclaim any prepayments made.

 

Force Majeure

  • Hydropixel assumes no liability in the event that delivery is affected by events including (but not limited to), War, Fire, Floods, Riots, Strikes, Pandemics or Act's of God. In such cases, Hydropixel is entitled to cancel or postpone the Agreement in whole.

 

Defects Warranty

  • The Software is provided “as is” and is a standard software product with the functions that appear in the documentation. Hydropixel has properly tested the Software before delivery but Hydropixel does not guarantee that the Software is completely free of defects. Such defects shall not constitute a material breach unless the defects permanently and irreparable reduces the functionality of the Software.
  • Unless expressly stated. Hydropixel does not warrant that the software is fit for certain purposes and it is the Customer's responsibility to properly evaluate whether the software fulfills the customers needs.
  • Hydropixel is not liable for defects which result from the customer using unsupported versions of 3rd part software.
  • In order to exercise this warranty, the Customer must provide a written warranty claim immediately after a defect has been established, specifying the details of the defect.
  • Hydropixel is not liable for defects which arise from incorrect installation by the Customer.
  • Hydropixel is not responsible for defects, which were not inherent in the Software at the time of delivery.
  • In the event of defects for which Hydropixel is liable, Hydropixel shall initiate efforts to rectify the defects within a reasonable amount of time.

 


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