Terms of Service

Last updated August 21st, 2020.

This page contains important information about your use of this website as well as your purchases from modmore. For specific information about how we handle your personal details, please view our Privacy & Cookies policy.

modmore is a registered brand by Mark Hamstra Web Development, as registered with the Dutch Chamber of Commerce (Kamer van Koophandel) in registration 52454606. Mark Hamstra Web Development is VAT Registered as NL001103641B07. Registered address: Oenemastate 14, 8926PR, Leeuwarden, The Netherlands.

This document can change without prior notification, and was last updated on August 21st, 2020. In case of major changes to our service or these terms affecting all users, our registered users will be notified via the email they registered with. Continued use of the modmore service implies acceptance of these terms.

Purchases, Refunds & Payments

All purchases are in EURO only and are final as soon as payment is processed. Due to the digital nature of the products and/or services, we can not issue refunds after client initiates a product download.

If a client is not satisfied with the purchased product or service after a product download has been initiated, the client is expected to contact [email protected] as soon as possible to give modmore the opportunity to provide a fair resolution. This resolution may include releasing a new version of a product that resolves the issue reported by client; providing additional non-standard services or support, or providing client with Credit for a maximum of the amount of the disputed purchase. The resolution is at modmore.

Client initiated chargebacks without a prior, fair effort to resolve disputes, will result in the chargeback fee as determined by the bank/payment gateway contracted by modmore, and a fixed EUR 10 administrative fee to be charged to the client. Issuing chargebacks is considered a breach of these terms.

Authorizations

When making a purchase, you can provide modmore with an authorization to charge your Credit Card or PayPal account automatically. This authorization is also sometimes referred to as "Card on File" or "Token Billing". An authorization is required when starting a subscription, but also provides a convenient one-click checkout for one-time orders. By providing an authorization, modmore stores a secure token representing your Credit Card details or PayPal account on its systems.

Your authorization will be automatically charged:

  • whenever a subscription renewal is due
  • when you choose the authorization during checkout
  • when you provide us written or verbal permission to charge your authorization for other purchases or services

To manage or cancel authorizations, please visit the Authorizations page in the Account section of the website. While a subscription is active, there always needs to be at least one trusted authorization on file

PayPal Authorizations can also be managed via the PayPal website. Transactions that were charged with an Authorization will show a Billing Agreement ID, and a description of "modmore.com billing authorization". By following the link to view the Billing Agreement Details it is possible to view the authorization details, as well as the payment sources. It is also possible to cancel the billing agreement, which will prevent modmore from charging your account in the future.

Subscriptions

It is possible to use an Authorization to start a Subscription for one or more products and/or services at modmore. The subscription is renewed automatically at a standard interval and can be cancelled at any time by visiting the Subscriptions page in the Account section of the website. Upon cancellation, the subscription will not be renewed at the end of the subscription interval. Any benefits associated with the subscriptions will automatically expire at the end of the current subscription interval.

When a subscription is active and only one authorization is on file, it is not possible to cancel the authorization. Instead, the subscription will need to be cancelled first.

For terms and conditions of specific subscription products, please view the following Terms & Conditions included by reference:

Premium MODX Support

Premium MODX Support is governed by your signed Premium MODX Support agreement. If you do not have a signed agreement, for example in the case of a one-time case, your booking of Premium MODX Support is offered under these terms:

  • Outside of monthly subscriptions, the Premium MODX Support rate is €115 per hour exclusive of VAT if applicable, billed in 30 minute increments with a 30-minute minimum per case.
  • Unless otherwise stated in writing (e.g. email), requesting or approving Premium MODX Support means you approve up to one hour of work.  
  • We may request (partial or full) pre-payment; this typically happens for large requests or if we haven't worked with you before. If (partial) pre-payment is requested, the work will not begin until the pre-payment is completed.
  • Payment is due within 14 days after the invoice date, typically sent per-case.
    • Failure to pay within 14 days may immediately, without notice, incur legal interest or collection fees. 
    • If you have a payment authorization on your account, you give us permission to charge that payment authorization if payment is not received within 14 days.

Learn more about Premium MODX Support here.

Credit

Credit can not be exchanged for cash or withdrawn, but can be spend as discount on any modmore purchase. Credit may expire after a year of user inactivity in which case the user will receive at least one notification a month in advance as well as one notification a week in advance. Specific products may hold a limit to the amount of credit that can be spent on a purchase, which will be mentioned on the product page or relevant terms and conditions.

Specific promotions involving Credit may impose additional restrictions on usage of related Credit. This will be clearly identified in the terms related to the Promotion.

Affiliates & Affiliate Credit

Clients are encouraged to take part in the modmore affiliate program. All clients are provided an affiliate ID, instructions and example link on the Affiliate page in their account section.

Whenever a user without active session visits the modmore website through an affiliate link, a cookie will be stored on that users' computer for a period of 30 days with the related affiliate ID. If the user continues to create an account on modmore.com with an affiliate cookie on their system, the newly created user account will contain a reference to the affiliate user.

For each successful purchase of a user with a reference to an affiliate user, a percentage of the actual revenue of that purchase (price of purchase, minus all discounts and before taxes) will be rewarded to the affiliate as Affiliate Credit. The affiliate will be notified via email and has access to a complete list of affiliate transactions on the Affiliate page in the account section of the website.

The standard affiliate percentage is 10%, but may be different per user or product. modmore retains the right to disable the affiliate program for one or all users and to correct individual affiliate credit and/or transactions.

Affiliate Credit can be spend on any modmore purchase and will be processed as a discount on item price. When the user has collected EUR 50 affiliate credit a cash payout can be requested by contacting support, with a maximum of one affiliate credit payout per month.

Currency Conversions

The modmore website contains a utility to automatically convert product prices in EUR into other currencies, including USD and GBP. This will adjust the way prices are shown on the website with an automatically calculated estimate based on third party currency conversion data. Purchases are always processed in Euro and the estimates shown by this utility are not binding in any way.

The final charge in a local currency depends on many factors out of modmore's control, such as transaction fees incurred by the clients bank for currency conversion.

Liability

modmore is not liable for the result of using any of our products or services in any way. All of our products and services are provided without guarantee of fitness for any purpose. There is no guarantee on availability of our website and infrastructure (such as the modmore package provider).

Breach of Terms

If modmore believes a client is acting in breach of the terms, including but not limited to the Terms of Service and product license terms, in a way that may be harmful for modmore, its partners or other involved parties, the client may be declined access to the website, infrastructure, products or services without right of refund or other compensation at the discretion of modmore.