Terms of Service

We are WHMCS, the complete web hosting automation solution

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THE WEBSITE OR ATTEMPT TO ACCESS ANY SERVICES. THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND WHMCS.

These terms (the “Terms of Service”) apply to your use of www.whmcs.com (the “Website”) and any purchase or use by you of any services that may be made available to you through it (“Services”).

WHMCS Limited reserves the right to amend or update these Terms of Service at any time, with or without notice. Such changes shall take effect immediately and shall apply to all subsequent use by you of the Website or Services.

Accessing the Website

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. WHMCS will not be liable to you if for any reason the Website is unavailable at any time or for any period.

Accounts and Passwords

If you choose, or you are provided with, any form of user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must notify us immediately.

Service Provision and End User License Agreement

You agree that the WHMCS Software (the “Software”) is supplied by WHMCS Limited (“WHMCS”), and is licensed, not sold, under the terms of its End User Licence Agreement (“EULA”) and that the EULA will govern all use of the Software by you. You accept that you have no right to use the Software without agreeing to the terms of the EULA in full.

A Software licence offered to you via the Website may be a ‘Leased Software Licence’ or an ‘Owned Software License’. The licence’s type will affect your rights under it. A licence’s type will be clearly labelled at the point of purchase.

License holders are not permitted to “borrow”, “lend”, “sell” or in any other way transfer licenses or use of the Software to any third parties except in the case of an ‘Owned Software License Transfer’ as detailed below. Any breach by you of this this term of the Terms of Service shall cause all use by you of the Software to be revoked and terminated immediately and without WHMCS incurring any liability.

The EULA Agreement is included in the WHMCS download package. By installing, copying, or otherwise using WHMCS, you agree to be bound by the terms of the EULA.

WHMCS Limited reserves the right to refuse service to any individual or organisation at its discretion. WHMCS reserves all rights in, and all ownership of the Software.

Renewals & Payments

Payments made in respect of the Software are accepted via both PayPal and Credit Card. Software licenses automatically renew at the conclusion of each month until cancelled. Payment is due on the anniversary of the date of signup each month. If payment is not received within 5 days of the due date, WHMCS will suspend the license until full payment is received and reserves the right to suspend any and all related services for the account in question.

For all other Services, payments shall be due in advance of any work commencing. WHMCS reserves the right to invoice for Services in instalments, with payment being split into multiple payments, including without limitation arrangements whereby 50% of the price is paid prior to any work commencing, and the remainder is invoiced upon completion.

Should WHMCS receive a chargeback or disputed payment, all services will be revoked until any disputed amounts have been repaid plus any fees incurred.

Delivery

All licenses shall be issued instantly upon WHMCS receiving to its satisfaction confirmation of receipt of payment from the chosen gateway processor. Should your payment be identified as fraudulent or otherwise unlawful, irregular or contrary to this Terms of Service or our EULA, the relevant license will be suspended and you will be liable to repay the relevant amount any fees incurred (including for the avoidance of doubt, any relevant payment processing fees).

Our professional setup & installation services usually take between 24 & 48 hours to complete, but this is not a guaranteed turnaround time, and at peak times such as new releases, they may take longer.

30 Day Money Back Guarantee

In the unlikely event that you are not completely satisfied with our Software we are, subject to the terms of this clause, happy to provide you with a full refund for the cost of your license. To claim a refund under this money back guarantee you simply need to submit a cancellation request from our members area within 30 days of the original purchase date, stating why the Software was not to your satisfaction and your money will be refunded in full.

The Money Back Guarantee applies to new clients only, this applies to license & addon/service related charges, however services that have commenced, or provided by third parties are not eligible for refund. To clarify, a new client is determined by both the registered client information and the domain that the WHMCS license is installed on, meaning that if there is a record of WHMCS having been used in the past by either the same company or person, or on the same domain, then you will not be eligible for refund under our Money Back Guarantee. If we offer products and services that are provided by third parties, those products and/or services will be subject to the policies of the third party provider regardless of whether those products and/or services appear to be provided by us.

Cancellations & Refunds Policy

Leased Software Licences may be cancelled at any time. No notice period is required, and cancellation shall be effective from the date the cancellation request is made or processed. Requests for cancellation should be submitted from our members area at www.whmcs.com/members/cancel.php.

Any monies paid for Leased Software Licence renewals prior to a cancellation request being submitted are non-refundable. The same applies to any Services; once a Service has been started, any fees paid in respect of that Service shall be non-refundable.

WHMCS reserves the right to cancel Services and access to the Service at any time. If a customer breaks the terms of the EULA or Terms of Service, a refund will not be available.

Outside the 30 Day Money Back Guarantee period, refunds are only issued for Software failure (where the Software materially fails to perform in accordance with its specification). Refunds are not issued for server failure/issues, lack of features, lack of technical sophistication or if your server does not meet the Software Requirements. Refunds are determined on individual circumstances and only issued once our technical staff determine that WHMCS has a fault causing it to not run on your server. Installation charges are not refundable under any circumstances. Refunds are not available after 1 month from the purchase date.

License Transfer Policy

WHMCS permits Owned Software Licenses to be re-sold or transferred once per license key (fees apply) pursuant to the terms of transfer set out in the EULA. Owned Software Licenses are not eligible for transfer until at least 3 months have passed from the date of purchase. Owned Software Licences obtained via a reseller are excluded from this policy and are not eligible for any re-sales or transfers. Leased Software Licences cannot be re-sold or transferred under any circumstances.

Before any sale or transfer, please contact us to verify eligibility of your license key. Upon request of the transfer, we will issue an invoice for the license transfer fee (currently $20). Once paid, we will request from you the name, email address and details of the new owner for the license to be transferred to. All transfers are final and cannot be reversed.

Addons may be transferred between licenses within your own client account but not resold or transferred to other accounts.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Trademarks

The Website and the Software contain references to many companies that the Software is integrated with for payments and other related services. WHMCS and the WHMCS logo are trademarks of WHMCS Limited. Registered in Great Britain and Northern Ireland. All rights reserved. All other trademarks are the property of their respective owners.

No reliance on information

The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user of the Website for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Website; or
  • use of or reliance on any content displayed on the Website.
  • Under no circumstances shall WHMCS be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are using this Website as a consumer, please note that you are expressly prohibited from using the Website for any purpose other than commercial or business purposes.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

Applicable law

Please note that these Terms of Service, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.


Last Updated: September 2016