Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Account |
means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site; |
Content |
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; |
Goods |
means any products that ResMania advertises and/or makes available for sale through this Web Site; |
Service |
means collectively any online facilities, tools, services or information that ResMania makes available through the Web Site either now or in the future; |
Payment Information |
means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers; |
Purchaser |
means any person or business that buys Goods from ResMania from this Web Site; |
Purchase Information |
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; |
System |
means any online communications infrastructure that ResMania makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
User / Users |
means any third party that accesses the Web Site and is not employed by ResMania and acting in the course of their employment; and |
Web Site |
means the website that you are currently using (http://resmania.com) and any sub-domains of this site (e.g. https://secure.resmania.com) unless expressly excluded by their own terms and conditions. |
| Custom Web Programming | This refers to any work which is specified and requested by the customer. It does not include any standard released software code and is usually specific to the customers requirements. |
| License | This relates to the agreement between the licensor (ResMania) and the licensee (the end user). |
Commissioned or Custom Web Programming Work Terms
1. Introduction
These terms apply to any/all custom or commission programming/development/design work as specified by the customer. These terms are in addition to the software licensing terms.
2. Specification
All work must be detailed accurately by the customer as any alterations/changes to the specification may incur additional charges. We will endeavor to verify this specification and ensure that the items requested are not only possible, but correctly quoted in both time and cost. And in the event of specifications not being possible an alternative solution may be offered by ResMania. All work will be assigned a development time and a proportion of time to allow for project slippage, support and bug fixes.
3. Agreement
All work must be agreed by both the customer and ResMania prior to commencing. Agreement on the part of the customer will be demonstrated by payment for the specified project. The customer automatically agrees to these terms and conditions when accepting the project/sending payment for said project. There are no exceptions to these terms.
4. Sign off and Project Closure.
Once the commissioned work has been completed and returned to the customer for verification, the ResMania Customer services must be contacted by email within 14 days with any issues/ problems or questions. Failure to contact ResMania within this allotted time will mean the project is closed and there maybe additional charges/fees to reactivate the project and schedule additional time to resolve issues.
5. Support
All commissioned/custom work is supplied with a 14 day acceptance period. The commissioned changes should be tested fully by the customer on delivery and bugs/issues/questions should be reported back to ResMania within this allotted time. Failure to do so may incur additional charges. Support for commissioned changes is provided within this 14 day period by our development team. Additional support can be obtained by purchasing support time from our store.
6. Payment and Refund
All custom changes must be paid for in full prior to commencement by our development team. As the customer is paying for developer time for the agreed change refunds for custom or commissioned work are not possible.
7. Scheduling
All custom jobs will be scheduled on our systems and the customer will be advised of the start date and estimated completion date. We endeavor to complete all scheduled work within the given timeframe, however we reserve the right to change this schedule at any time and urgent support issues take priority over commissioned work.
8. Limited Liability
ResMania shall not be liable for any actual, exemplary, indirect, or consequential damages suffered by the customer and/or any end user resulting from the non-delivery, use or inability to use the products, integration of the products with equipment not provided by ResMania, loss of goodwill or profits and/or from any other cause whatsoever, even if ResMania has been advised of the possibility of such damage, there are no warranties, express or implied, arising from course of dealing, course of performance, or usage of trade which extend beyond the face of this limited warranty. ResMania neither assumes nor authorizes any person to assume for it any other liability in connection with the sale of its products or such changes defined in this agreement. ResMania has no responsibility whatsoever for reimbursing the customer or customer's customers, nor shall ResMania be liable in damages for repair or replacement costs incurred by customer or its customers, in connection with ResMania’s products without ResMania first having given its written authorization for such charges and without ResMania having an opportunity to perform its warranty obligations as set forth herein. ResMania’s warranty as herein-above set forth shall not be enlarged or affected by, and no obligation or liability shall arise or grow out of, ResMania’s rendering of technical assistance or service in connection with the customers order.
9. Customer Obligations
The customer is responsible for defining the specification of the custom work and any additional changes agreed prior to commencement with ResMania. Overseeing changes, testing, approving and signing off the project and/or any changes.
10. Change to Terms
We reserve the right to change these terms and conditions at any time without prior notice.
11. Questions and Complaints
We are here to help you and want your project to be a success. However, please be aware that development work is time consuming and thus it is expensive. Whilst we do our best to understand and verify custom project specifications, we will only produce a product (software code) which fits your requirements, thus should you provide poor quality/ill-conceived project specifications, the product you receive will match this, therefore the fault will be with you, the customer and not with ResMania. ResMania will not be liable for any such project issues.
We will endeavor to answer all questions you put to us, and to help advise you with your project but, a custom project we create does not come with a lifetime warranty (any custom code is supplied with a 14 day warranty/reporting period, beyond 14 days support will be offered for the custom code through the purchase of 'support time' available via our store).
If you have a complaint these should be raised ASAP with our customer services team by sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it
12. Copyright and Intellectual Property
All scripts/programs/development/designs are copyright ResMania and are licensed to the customer for use. We do not supply any solutions that the customer has sole rights over.
13. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RESMANIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. RESMANIA DOES NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR RESMANIA TO DO SO.
14. LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RESMANIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF RESMANIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, RESMANIA'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR FIVE (€5.00) EUROS.
15. Law and Jurisdiction
These terms and conditions and the relationship between you and ResMania shall be governed by and construed in accordance with the Law of England and Wales and ResMania and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
