Please read these terms and conditions carefully, as they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
1.1 Please read these terms and conditions carefully before purchasing third party software or support or installation services on this website operated by Tweakserver Dot Com (“TWEAKSERVER”). In these terms and conditions TWEAKSERVER is referred to as ‘we' or ‘us'.In particular, you must read clause 8.2 before unsealing, downloading or using the Software.
1.2In particular, we draw your attention to clause 16 (Liability).You agree to be legally bound by these terms and conditions as they may be modified and posted on the Website from time to time.
1.3 If you do not wish to be bound by these terms and conditions then you may not purchase software from the Website or unseal, download or use the Software.
1.4 The Software and/or Services offered for sale on the Website are an invitation to treat only. A contract for the supply of Software and/or Services is only formed when your order is accepted in accordance with clause 5.2.
In these terms and conditions the following words and phrases shall have the following meanings:-
“Consumer” means any natural person who is acting for a purpose which is outside of his trade or profession and is physically located within one of the member states of the European Union;
“Customer Code” means the unique code which we will provide to you by email which allows you to access the Software purchased by you;
“Direct Services” means the provision of installation, software support and other services by the Software Proprietor to you in accordance with clause 10;
“Free Trial Software” means the Software as listed on the Website on which a free trial in available in accordance with clause 7.4;
“Guarantee Period” means the period of time for which the Money Back Guarantee is available as specified on the order page for the MBG Software on the Website;
“Installation” means the installation and configuration of the Software on your System by TWEAKSERVER;
“Licence” means the click-wrap licence of the Software which you enter into with the Software Proprietor;
“Money Back Guarantee” means your right to return the Software and be refunded the purchase price of the Software in accordance with the terms set out in clause 7;
“MBG Software” means the Software as listed on the Website on which TWEAKSERVER offers the Money Back Guarantee;
“Order Confirmation” means the email confirmation of our acceptance of your order for the Services and/or the Software;
“Services” means the provision by TWEAKSERVER of either Installation or Support Services or both;
“Software” means the software which is purchased by you from the Website and includes SSLs;
“Software Proprietor” means the company which owns the Software and which agrees to licence it to you in accordance with the terms of the Licence;
“SSL” means a secure sockets layer certificate supplied by the Software Proprietor and includes extended validation certificates;
“Support Service” means the provision of support service by TWEAKSERVER in accordance with clause 15 for certain software as set out on the Website;
“System” means your computer, server(s) or other computer hardware on which the Software will operate;
“Website” means the TWEAKSERVER Website at www.tweakservers.com;
“Working Day” means a day other than a Saturday, Sunday or public holiday in MALAYSIA ;
“Your Account” means the secure area of the Website from which you can download the Software by using the Customer Code.
3. Nature of our Website
3.1 Please note that our Website is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years to purchase the Software and/or the Services, using the payment method displayed on the Website. If you do not qualify, please to leave the Website now.
4. Buying Software or Services
4.1 To order Software or Services you will need to follow the ordering procedures set out on [our order page]. Details of our prices for the Software and the Services and the procedures for payment and delivery are displayed on the Website.
4.2 If the Software is temporarily unavailable we will inform you of the timescales for dispatch at the email address which you have provided in the order form. If there will be a delay in the delivery of the Software which you have ordered we will not charge your credit card or debit your account until the date on which the Software is made available for downloading by you.
4.3 To use the Software, you must accept the terms of the Licence. If you are unable or unwilling to accept the terms of the Licence then you must follow the procedure set out in clause 8.3.
5.1 Details of our prices for the Software and the Services, and the procedures for payment are displayed on [our order page]. You can pay by credit or debit card at the time of order or by cheque, Paypal or wire transfer. The price of the Software and/or the Services is the price in force at the date and time of your order. We may change the price of the Software and/or the Services before you place an order. We try to ensure that our prices as displayed on the Website are accurate but the price of your order will need to be validated by us as part of the acceptance procedure (see sub-clause 5.2 below). We will inform you if the correct price of the Software or the Services is higher than that stated in your order. In these circumstances you may either cancel the order or decide if you wish to proceed with the order of the Software or the Services at the correct price. The prices are inclusive of applicable taxes. Payment will be accepted in US Dollars or Ringgit Malaysia.
5.2 We are entitled to refuse any order placed by you. If your order for Software is accepted, we will send you an Order Confirmation and deliver the Software to you in accordance with clause 6.2. If your order for the Services is accepted, we will send to you an Order Confirmation and the Services will be delivered to you in accordance with clauses 10, 11, 12 or 15 (as applicable).
5.3 You undertake that all details you provide to us for the purpose of purchasing the Software and/or the Services will be correct, that any credit or debit card which you use or other payment method used by you is your own and that there are sufficient funds or credit facilities to cover the cost of the Software and/or the Services. We reserve the right to obtain validation of your credit or debit card details before providing you with the Customer Code or providing the Services.
6.1 Any times or dates stated on the Website for delivery are estimates only. We reserve the right to delay delivery of the Software until we have received payment from you in cleared funds. Delivery of the Software purchased by you (except for the Free Trial Software) will be made either:-
by TWEAKSERVER who will provide you with the Customer Code which is necessary to download the Software from Your Account; or
by the Software Proprietor who will provide you with access to the Software [in accordance with the method specified on the Website].
7. Money Back Guarantee and Free Trial Software
7.1 Notwithstanding the provisions of clause 8.2 as a goodwill gesture TWEAKSERVER offer a money back guarantee for the MBG Software. The Money Back Guarantee on the MBG Software will be valid for the Guarantee Period.
7.2 If you decide within the Guarantee Period that you do not wish to keep the Software you must notify us of this in writing or other durable medium (including e-mail) prior to the expiry of the Guarantee Period. The Licence to use the Software will terminate on the date of your notification to TWEAKSERVER of your claim for a refund and you must destroy all copies of the Software. TWEAKSERVER will refund to you the amount paid for the Software by the means with which you paid TWEAKSERVER for it, which will be paid as soon as possible and in any event within 30 days.
7.3 TWEAKSERVER reserves the right to refuse to provide a refund in accordance with clause 7.2 under the Money Back Guarantee if TWEAKSERVER reasonably believes that you are acting in an unacceptable manner or attempting to abuse the Money Back Guarantee.
7.4 The Free Trial Software is available to be downloaded from the Website in accordance with the trial Licence issued by the Software Proprietor. The period of the trial will be as specified in the trial Licence. At the expiry of the free trial you must either purchase the Free Trial Software in accordance with these terms and conditions (however clause 8 shall not apply) or cease to use the Free Trial Software and delete the Free Trial Software from your computer system.
8. Right of Cancellation
8.1 If you are a Consumer and you decide within 7 Working Days of receiving your Order Confirmation that you do not wish to continue to receive the Services you must notify us of this in writing or other durable medium (including e-mail) within 7 Working Days. We will refund to you the amount paid by you for the Services by the same method by which you paid for the Services. The refund will be paid as soon as possible and in any event within 30 days.HOWEVER, IF YOU REQUEST THAT THE PROVISION OF THE SERVICES COMMENCES PRIOR TO THE DATE 7 WORKING DAYS AFTER YOU RECEIVE THE ORDER CONFIRMATION THEN YOUR RIGHT OF CANCELLATION WILL NOT APPLY FROM THE DATE ON WHICH THE PROVISION OF THE SERVICES COMMENCE.
8.2If you are a Consumer and you decide within 7 Working Days of receiving your Order Confirmation that you do not wish to keep the Software (other than the Free Trial Software) you must notify us of this in writing or other durable medium (including e-mail) within 7 Working Days. This right of cancellation shall not apply to the Free Trial Software. We will refund to you the amount paid by you for the Software by the same method by which you paid for the Software. The refund will be paid as soon as possible and in any event within 30 days.YOU ACKNOWLEDGE AND ACCEPT THAT:-
(a) ENTERING THE CUSTOMER CODE PROVIDED BY TWEAKSERVER IN ACCORDANCE WITH CLAUSE 6.2.1; OR
(b) ACCESSING THE SOFTWARE PROVIDED TO YOU BY THE SOFTWARE PROPRIETOR IN ACCORDANCE WITH CLAUSE 6.2.2
WILL CONSTITUTE YOUR AGREEMENT THAT THE RIGHT OF CANCELLATION WILL NOT APPLY FROM WHEN YOU CLICK ON SUCH LINK.
8.3 If you have any complaints with regard to the Software or the Services, you should direct them to us. Our contact details are as set out in clause 18.
9.1 TWEAKSERVER promise that for any Software you purchase from the Website:
(a) we have the right to sell the Software to you;
(b) the Software will correspond with the description we have given to you; and
(c) the Software will be of satisfactory quality.
9.2 At our option, we may grant you a refund or provide you with replacement Software in the following circumstances:
(a) if the Software downloaded is not what you ordered; or
(b) if the Software does not comply with the warranty in sub-clause 9.1 and you notify us of the details of any non-compliance as soon as possible.
No other refunds will be available in relation to the Software.
9.3 If you claim a refund from TWEAKSERVER under sub-clause 9.2:
(a) you must destroy all of your copies of the Software; and
(b) the Licence will be terminated as of the date of your notification of TWEAKSERVER of your claim for a refund.
9.4 TWEAKSERVER warrants that the Services will be provided with reasonable skill and care. If the Services provided to you by TWEAKSERVER do not correspond with this warranty then TWEAKSERVER, will at its option, either perform the Services again in accordance with the warranty or refund to you the price paid for the Services and cancel the contract.
10. TWEAKSERVER acting as Agent for the Software Proprietor
Where the Software Proprietor will provide the Direct Services then we will act as agent for the Software Proprietor in forming the contract for the Direct Services with you. [Where the purchase price for the Software includes the cost of the Direct Services then the Software Proprietor will provide these services to you.]
The contract for the Direct Services will be between you and the Software Proprietor. The terms and conditions of the contract with the Software Proprietor will be as the Software Proprietor notifies to you.
We shall have no liability for the acts or omissions of the Software Proprietor in the provision of the Direct Services. If you are unhappy with any work carried out by the Software Proprietor as part of the Direct Services then you should address your concerns to the Software Proprietor.
11.1 Where you are purchasing an SSL then we will act as agent for the Software Proprietor in forming the contract for the purchase of the SSL by you.
11.2 The contract for an SSL will be between you and the Software Proprietor and the terms and conditions of the contract with the Software Proprietor will be as the Software Proprietor notifies you, in particular:
(a) you acknowledge that the Software Proprietor may refuse to issue an SSL; and
(b) in the event you wish to exercise your rights under clause 8.2 and/or clause 7.2 you agree to complete any and all steps required by TWEAKSERVER and/or the Software Proprietor to effect cancellation.
11.3 We shall have no liability for acts or omissions of the Software Proprietor in the provision of SSLs. In particular, we shall have no liability other than to refund the purchase price you paid for the SSL in the event the Software Proprietor refuses for any reason to issue an SSL to you provided that the Software Proprietor has refunded such purchase price to us.
12. Installation by TWEAKSERVER
12.1 If requested by you, we will perform the Installation of the Software on your System. The cost of the Installation will be additional to the purchase price as specified on the Website.
12.2 [If the cost of the Installation is included in the purchase price, we reserve the right to charge for our time in carrying out such installation work if the installation is not standard. We will determine whether the installation is standard at the commencement of the installation work and will inform you of the charges which will apply before carrying out any non-standard installation work.]
12.3 As part of the Installation you will test the Software on your System in order to ensure that the Software is operating correctly. You must email us after such tests have been successfully completed and this will constitute acceptance of the Software. If you do not email us after such tests have been successfully completed within 3 working days then you will be deemed to have accepted the Software when you start using it.
12.4 If any additional work is required by you after the Software has been accepted then TWEAKSERVER will charge for such work in accordance with its standard charges from time to time in force.
12.5 We will use reasonable skill and care in carrying out the Installation. We will carry out the Installation at the times agreed with you and will use our reasonable endeavours to complete it as soon as possible. However you acknowledge that due to the complexity of the Software the time taken to complete the Installation may exceed our original estimate.
12.6 We will use our reasonable endeavours to successfully install the Software. However in certain circumstances it may not be possible to install the Software successfully and we reserve the right in our absolute discretion to terminate an Installation and refund to you the price paid for the Software and the Installation (if additional).
12.7 In order to perform the Installation we will require administration privileges on your server or servers. You agree to provide us with such administration privileges. We agree that we will use such administration privileges solely for the purposes of performing the Installation and testing the Software.
13. Provision of Software
13.1 TWEAKSERVER makes no representations and gives no warranties, express or implied that making the Software available in any particular jurisdiction outside the MY is permitted under any applicable non-MY laws or regulations. Accordingly, if making the Software or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Software is not offered for sale to you. You accept that if you are resident outside the MY , you must satisfy yourself that you are lawfully able to purchase the Software. We accept no liability, to the extent permitted by applicable laws, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Software by persons in jurisdictions outside the MY or who are nominees of or trustees for citizens, residents or nationals of other countries.
14. Copyright and monitoring
14.1 The Software is protected by international copyright laws and other intellectual property rights. The owner of these rights are the Software Proprietor, its affiliates or other third party licensors. All product and company names and logos contained within the Software are the trade marks, service marks or trading names of the Software Proprietors.
15. Support Service from TWEAKSERVER
15.1 Where you purchase the Support Service from TWEAKSERVER, we agree that the Support Service shall commence on the date on which you purchase the Support Service and shall continue for the period specified on the Website.
15.2 The fees for the Support Service must be paid in accordance with clause 5 above. We will not provide the Support Service to you until we have received payment from you in cleared funds.
15.3 The Support Service shall be accessed by the link https://www.tweakservers.com/portal/ . Support is available 24 hours a day 7 days a week (excluding public holidays in the UK ). TWEAKSERVER's support staff will respond to you within the timescales set out on the website.
15.4 You must submit sufficient material and information to enable TWEAKSERVER's support staff to duplicate the problem.
15.5 TWEAKSERVER's support staff will attempt to solve a problem as soon as possible. When appropriate, TWEAKSERVER will endeavour to give an estimate of how long a problem may take to resolve. TWEAKSERVER will keep you informed of the progress of problem resolution.
15.6 TWEAKSERVER shall be under no obligation to provide the Support Service in respect of:
(a) problems resulting from any modifications or customisation of the Software not authorised in writing by the Software Proprietor;
(b) any software other than the Software;
(c) incorrect or unauthorised use of the Software or operator error;
(d) any fault in your System;
(e) any programs used in conjunction with the Software;
(f) use of the elements of the Software in any combination which is not approved by TWEAKSERVER;
(g) physical damage to the Software or the System; or
(h) use of the Software with any computer server or other hardware which is not approved by TWEAKSERVER.
15.7 [TWEAKSERVER shall upon request by the Customer provide the Support Service notwithstanding that the fault results from any of the circumstances described in clause 15.6. Any time spent by TWEAKSERVER investigating such faults will be chargeable at TWEAKSERVER's then current rates. TWEAKSERVER shall notify you of such charges and you shall pay such charges in accordance with clause 5.]
16.1 The warranties offered in relation to the Software and the Services are set out in clauses 9.1 and 9.4 of these terms and conditions.
16.2 We will not be liable under this contract for any loss or damage caused by TWEAKSERVER, its employees or agents where:-
(a) there is no breach of a legal duty owed to you by us or any of our employees or agents;
(b) such loss or damage is not a reasonably foreseeable result of any such breach;
(c) any increase in loss or damage resulting from breach by you of any term of this contract.
16.3 If we are liable to you for any reason, our liability will be limited to one and a half times the purchase price of the Software and/or the Services. This limit does not apply to any liability we may have for:-
death or personal injury resulting from our negligence; or
for fraudulent misrepresentation by TWEAKSERVER.
16.4 You are responsible for ensuring that your System meets all relevant technical specifications necessary to use the Software. You also understand that we cannot and do not guarantee or promise that the Software will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements.
16.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
17. Data Protection
17.1 TWEAKSERVER has notified under the Data Protection Act 1998 (“the Act”). In order to process your order it may be necessary to transfer personal data about you (including your name, address and email address) to the Software Proprietor who may be located outside of the European Economic Area. By placing an order for the Software or the Services you give your consent to the transfer of such data to the Software Proprietor.
18.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
18.2 We may alter these terms and conditions from time to time and post the new version on our Website, following which all sales of the Software or the Services will be governed by that version.
18.3 These terms and conditions are governed by English law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts, except that if you are a Consumer you are not prohibited from starting proceedings in the courts of any part of the MY .
18.4 Except in respect of a payment obligation, neither you nor TWEAKSERVER will be held liable to the other for any failure to perform any obligation due to causes beyond your or TWEAKSERVER's respective reasonable control.
18.5 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
18.6 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.