• Terms and Conditions

  • These terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully on a periodic basis.

    Entire Agreement

    This Agreement (including each Order), along with our Privacy Policy, is the entire agreement between us for our Services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of our Services or dependent on any oral or written public comments made by us regarding future functionality or features of the our Services. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.

    Theme Licensing & Usage

    Our WordPress theme is licensed under the GNU general public license. For more information on this license, please visit their website.

    Image files license

    Some of the images that are part of a specific showcase of a theme are licensed images. On the product pages you can find more information about which license applies to which image.

    Content (text/article) license

    The texts and articles (content) provided through this theme is copyrighted and may only be used in conjunction with our theme and license on your website. Restrictions on using that text or article may apply. For example some texts/articles require attribution. Using the content/article/texts outside the conditions just mentioned is not allowed, unless our our explicit written consent.

    Updates

    Customers receive a 1 year period of free available updates to purchased items. We will inform customers about these updates through a notification in the site that uses the theme once you enter a valid license key.

    Theme Compatibility

    We're committed to make our products compatible with the latest version of WordPress. The minimal requirement for our themes is the same as WordPress, which is currently PHP 5.2 and MySQL 5.0 (requirements).

    Browser Compatibility

    We test our theme in all of the latest versions of Chrome, Firefox, Safari, Internet Explorer (IE). We do not support IE versions below 9 (there are known compatibility issues with old browsers, for example due to the lack of CSS3 support. This may cause some minor design issues regarding opacity, round corners and gradients (button styling).

    Delivery

    Paid products are made available as soon as you have succesfully made a payment through one of our payment gateways. If you encounter any issue with your payment, then please send us an email at info@nexusthemes.com and will get into contact with you to see what's the most appropriate solution for the issue at hand. In some cases it could be that the delivery of digital products is a manual process (this is true for a limited number of photopacks). For those cases we will send the items as soon as we can (in most cases within 24 hours). In the majority of the cases the delivery is done through an automated process. Access to the downloads of the files that are linked to the purchase/license is limited to a max number of downloads, and by time. In all cases the access to the files will be removed once the license expires. Publishing the download links or sharing it with others is not allowed (once we detect that this rule is abused, your licensed will be cancelled unconditionally and the download link will become invalid).

    Laws and regulations

    The legal relation between the client and Nexus Themes is exclusively governed by Dutch law. If a dispute is submitted to an ordinary court or if a dispute between parties is not suitable to be handled by the Dispute Committee, or results from being handled by the Dispute Committee, the dispute shall at first instance be resolved by the District Court of Amsterdam, unless a different court is prescribed by law, in which case Nexus Themes is authorized to bring the proceeding before the prescribed court.

    Ownership

    You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products (excluding the photos) are property of Nexus Themes. Our products are provided as is without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.

    Site Content

    All content, including imagery, published on the Nexus Themes.com domain, including site content published on the showcase, is property of Nexus Themes and/or its vendors and under copyright. Any replicated site content must be authorized and clearly referenced back to the source. Content from or release through the Nexus Themes web site and/or affiliated sites shall not be used or exploited for any commercial and non-private purposes without the prior written consent of Nexus Themes.

    Refund Policy

    If for any reason you are not pleased with your first purchase within 30 days of your purchase, you will receive either an overnight replacement or refund. The only questions we’ll ask are ones to help us make sure you’ll be satisfied with your next purchase. We can/will also provide you with a refund if it appears your hosting environment is not compatible with our theme. This way you can find a theme at another theme provider that is a better fit (note that all our themes work in the same way, so if one theme does not work, neither will other themes). Note; abuse of our services or abuse of our support (such as not meeting the fair play rules) could result in us not providing the refund.

    Support

    Nexus Themes offers these themes and designs as is, with no implied meaning that they will function exactly as you wish or with all 3rd party components and plugins. We offer best effort support if you have a valid support license. The support we offer is limited to the managed features of the themes. The support does not cover anything else, like for example WordPress installation, customization, administration of WordPress itself nor about hosting (such as making backup or restoring your site, resolve issues with hacked content/sites, migrating sites from one server to another, or for example migrating the site to another domain or folder), or assisting you in making code modifications of the theme nor the framework. All support we offer is based on a best-effort basis; we cannot and will not guarantee that we will be able to solve your problem. We can only investigate issues on your environment if that environment is accessible directly through the internet (we cannot and will not provide support for environments that are only accessible on your localhost or intranet or limited by firewalls or service blockers (including WordFence). In order to provide support, we need access to the WP environment through "admin" access (administrator rights) and FTP access (the latter is not always required, but we could ask for it). If you cannot or will not give us direct access to your site (for example because you don't want to expose access to other sites, if there's other information on the server that you dont want to expose) then we will respect that, but it will mean we wont be able to help you out (so we wont be able to give you instructions on what you could try or do to resolve an issue, simply because its not practical, similar to the fact that a car mechanic will not provide you instructions so you can fix your own car at home if you have an issue with your car engine). Only ask for support with the understanding that you are responsible for your own results. You hold us free of all liability and responsibility for any actions or results or adverse situations created as a direct result of specific referral or advice given by us. Making changes to the code of the theme and/or the framework or any other piece of software we provided to you, will void the support license that we provided to you. We do this to protect both you, us, and other clients from running into unexpected issues. Before asking for support if items are not working, turn off any plugins on your site and see for yourself if that resolves the problem you are experiencing. If not, keep those plugins turned off, and proceed with asking for support (or else we will kindly ask you to turn off any plugins, which will only slow things down). If you are not willing to de-activate the plugins we will not be able to provide support.

    Fair play

    Customers should take into considerations the following fair play rules. 1. We handle all support questions in a best effort way through e-mail. If you need urgent support, or if you want your tickets to be handled in a "hurry", or if you demand phone support, or if you think our support desk is not able to handle your tickets in the time frame you like, or if you have other expectations than what we can apparently offer, we will proceed to cancel your license or ban or block you without further questions asked. 2. If we consider your way of communicating aggressive, disrespectful, unfair, or in other ways annoying or rude, we will proceed to cancel your license without further questions asked, or prevent you from being able to contact us by banning or blocking you. Examples are shouting, swearing, using capitalized texts, using exclamations marks, expressing your frustrations, frequently asking for updates about the same subject over and over again, or submitting the same problem frequently, and/or by not following up on instructions of our support desk. 3. Expressing you are about to claim a refund if we don't meet certain conditions (for example react in a certain time frame) is an indication to us that our "best effort support" is apparently not meeting your expectations. In that case we will simply proceed to provide you that refund (assuming it fits our refund policy) and we will proceed to cancel your license so you can find a theme at a provider that better fits your needs.

    Price Changes

    Nexus Themes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a product or service (or any part thereof) with or without notice. Prices of all products and services are subject to change.

    Warranty

    Nexus Themes does not warranty or guarantee the theme nor support in any manner. We cannot guarantee they will function with all 3rd party components, plugins or web browsers. Browser compatibility should be tested with the free theme on the designated server. Please ensure that the browsers you use will work with the theme as we can not guarantee that the theme will work with all browser combinations. Only use our products or services if you understand that you are responsible for your own results. You hold us free of all liability and responsibility for any actions or results or adverse situations created as a direct result of specific service, product, referral or advice given by us.

    Website Usage Data Collection

    The theme's update mechanism will send your license key (when entered), theme name, theme version and your websites URL to our servers on a period basis. This is done so we can verify your license and inform you of updates to the theme, once they are available.

    Customer Data

    We will not use, or allow anyone else to use, Customer Data to contact any individual or company except as you direct or otherwise permit. We will use Customer Data only in order to provide our Services to you and only as permitted by applicable law, this Agreement, and our Privacy Policy. We will not use Contact Information for our own marketing purposes.

    Aggregated Customer Data

    We may monitor use of our Services by all of our customers and use the data gathered in an aggregate and anonymous manner, unless stated otherwise in our DPA Exhibit. You agree that we may use and publish such information, provided that such information does not incorporate any Customer Data and/or identify you.

    Data Safeguards

    We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Customer Data.

    GDPR

    To the extent that Nexus Themes processes any Personal Data as part of Customer Data that is subject to the General Data Protection Regulation (the “GDPR”), on Customer’s behalf, in the provision of the services hereunder, the terms of the DPA, which are hereby incorporated by reference, shall apply. You acknowledge in all cases that Nexus Themes acts as the data processor of Customer Data and you are the data controller of Customer Data under applicable data protection regulations in the European Union and European Economic Area. Customer will obtain and maintain any required consents necessary to permit the processing of Customer Data under this Agreement. If you are subject to the GDPR you understand that if you give an integration provider access to your accounts provided by Nexus Themes, you serve as the data controller of such information and the integration provider serves as the data processor for the purposes of those data laws and regulations that apply to you. In no case are such integration providers our sub-processors.