Term & Conditions

Terms and Conditions (“Terms”)

Before using the Everestbackup plugin (the “Service”) created by Everest Themes, please read these Terms and Conditions (“Terms”, “Terms and Conditions”) (“us”, “we”, or “our”). You agree to be bound by all of the Terms, as well as any other operating rules, policies, or procedures that we may publish from time to time via the Services, by downloading or using any part of our Services (collectively, the “Agreement”). You also acknowledge that we reserve the right to change, update, or add to our Services at any time and that any changes will be subject to this Agreement. You may not use the Service if you disagree with any aspect of the terms.

Purchases….

To learn more about your rights, see the Sale of Goods Act 1979, the Unfair Contract Terms Act 1977, and the Unfair Terms in Consumer Contracts Regulations 1999. If you intend to purchase any products or services made available through the Service (“Purchase”), you may be asked to supply certain information about your purchase, such as your credit card number, credit card expiration date, billing address, and shipping information. You certify and represent the following:

(i) you have the legal right to use any credit card(s) or other payment methods (s) in connection with any Purchase; and that
(ii) You must provide us with accurate and complete information.

You fully acknowledge that Everest Themes is not liable for any loss or harm incurred as a result of providing false or inaccurate information. By entering such information, you allow us permission to share it with third parties in order to expedite the completion of Purchases. For a variety of reasons, including product or service availability, errors in the product or service description or price, an error in your order, or other factors, we have the legal right to refuse or cancel your order at any time. You clearly agree that Everest Themes will not be liable for any loss or damage resulting from such cancellation. We have the right to refuse or cancel your order if we detect fraud or an illegal or criminal transaction.cel your order if fraud or an unauthorized or illegal transaction is suspected.

What is our policy for refunds/cancellations?

Our company offers refunds for our digital product, Everest Backup, on a case-by-case basis at our sole discretion. If you are not satisfied with your purchase, please contact us within 10 days of purchase to report any issues or bugs with the software. We will investigate the problem and make every effort to fix it. If the problem cannot be resolved to your satisfaction, we may consider issuing a refund.

Please note that refunds for digitally delivered or intangible goods are not automatic and are subject to standard industry practices. It is the responsibility of the customer to thoroughly read the product description and ensure that the software meets their needs and is compatible with their production environment. We strongly advise against purchasing a trial version, as this cost will ultimately be passed on to other customers.

European Union customers have a legal right to a refund for digital goods that have not been downloaded if requested within 14 days of purchase, and we will honor such requests.

Please note that these limitations do not affect your consumer rights. For example, if the software’s description states that it has a feature that it does not, you may invoke your consumer rights.

We reserve the right to terminate any ongoing service, including support agreements or update sources, without notice or refund for customers who abuse our facilities or staff.

If you have any further questions or concerns about our refund policy, please don’t hesitate to contact us.

Availability, Errors, and Inaccuracies….

On the Service, we are continually improving our product and service offerings. Our Service’s products and services may be mispriced, improperly described, or unavailable. In addition, there may be delays in updating content on the Service and advertising on other websites. You expressly acknowledge that any such product or service offer does not constitute a legal offer capable of attracting legal consequences. Any information, including prices, product photos, specs, availability, and services, cannot and does not guarantee its correctness or completeness. We reserve the right to amend or change information, as well as to correct any mistakes, errors, or failures, at any time and without notice. Existing statutory rights are not affected by the section “Availability, Errors, and Inaccuracies.”

Contests, Sweepstakes, and Promotions….

Rules for contests, sweepstakes, and other promotions offered through the Service may differ from those set forth in these Terms. Before participating in any Promotions, please read the applicable regulations as well as our Privacy Policy. If the rules of a Promotion contradict these Terms and Conditions, the rules of the Promotion will take precedence. The terms and conditions of any other Promotions are independent of this agreement. Everest Themes and its licensors will maintain intellectual property rights to the Service, including its original content, features, and functionality. Copyright, trademark, and other laws in the United Kingdom and other countries protect the Service.

Without Everest Themes’ prior written approval, our trademarks and trade dress may not be utilized in conjunction with any product or service.

Links To Other Web Sites…

Our Service may hold links to third-party websites or services that are not owned or controlled by Everest Themes. Everest Themes has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree Everest Themes is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Everest Themes does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties terms and conditions.

Termination…

We reserve the right to terminate or suspend your access at any time, without warning or responsibility, for any reason, including but not limited too if you violate the Terms. Your right to use the Service will be terminated immediately upon termination. All provisions of the Terms that, by their nature, should survive termination, such as ownership provisions, warranty disclaimers, indemnification, and liability limits, shall survive termination.

Indemnification…

You agree to hold Everest Themes, its licensees, and licensors, as well as their employees, contractors, agents, officers, and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) resulting from or arising out of your use and access of the Service, or a breach of these Terms.

Limitation Of Liability

In no event shall Everest Themes, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Everest Themes its subsidiaries, affiliates, and its licensors do not warrant that
a) the Service will function uninterrupted, secure, or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components, or
d) the results of using the Service will meet your requirements.

Exclusions…

Without restricting the principle of the prior and withal any other provision of these terms, under no conditions will Everest Themes ever be responsible to you or any other person for any oblique, trivial, significant, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Everest Themes or any person for whom Everest Themes is responsible, and even if Everest Themes has been advised of the possibility of such loss or damage being incurred.

Governing Law…

These Terms shall be directed and defined by the laws of Delaware, United States, without regard to its conflict of law provisions. Our failure to make any right or outline of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be void or negated by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and outmode and replace any previous agreements we might have between us regarding the Service.

Changes

We may update, change, or suspend any features of our Services at any time. Since we’re regularly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written act signed by an authorized executive of Everest Themes or if Everest Themes posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your renewed use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.

Privacy Policy

All data we collect is used for internal purposes only. We will never sell your personal information to 3rd parties. We do not share your personal information with any 3rd parties except the hosting, billing, support, metric collection, and promotion of our Products. Furthermore, you can read the full privacy policy.

Contact Us

If you have any queries regarding our Terms, please contact us at contact[at]everestthemes.com