By accepting these
standard terms, you authorize Xentima to
bill your chosen payment method you have provided. You are billed according to the "Billing Policies"
described below. All refund requests must comply with the Refund Policy
(located on the Channel website). In conjunction with this policy, you may
cancel the Account/Subscription at any time, but Xentima will not refund any remaining
portion of any Subscription fees, including any minimum commitments, already
billed to your account. You agree to provide Xentima with valid, accurate and
up-to-date payment method and contact information. Failure to comply may result
in the immediate termination of your Account/Subscription. You agree to notify Xentima
regarding any billing issues or disputes within 90 days after they have been
charged. If any issues or disputes are not brought to Xentima's attention
within this term, you waive your right to dispute them.
2. Pricing
Prices are valid subject
to product availability. Prices are correct at the current time and include VAT
(where applicable) at 17.5%. Prices may change without notice or if there is an
adjustment in the rate of VAT.
3. Billing Policies
a) If the Channel sells
Subscriptions:
If you purchase a monthly
subscription, your chosen payment method will be charged at the time of
purchase for a pro-rated amount for your first month of use and the full amount
of a second month of use. After this initial payment, your chosen payment
method will be automatically charged on the first of each month for the use of
this application/content, until you cancel your subscription.
If you purchase a
quarterly subscription, your chosen payment method will be charged at the time
of purchase for the entire subscription amount. After this initial payment,
your credit card will be automatically charged on the anniversary of each
quarter for the use of this application, until you cancel your subscription.
If you purchase an annual
subscription, your chosen payment method will be charged at the time of
purchase for the entire subscription amount. You will receive an email
notification 30 days prior to your subscription expiration date that will give
you the option to cancel the subscription. If no action is taken, your
subscription will continue.
b) If the Channel sells Credits:
If you purchase credits,
your chosen payment method will be charged at the time of purchase for the
total amount of the number of credits selected, at the rate specified for each
credit type. Application/Content use is provided at the cost of a number of
credits per download/use. Your bundle of credits will be decremented
accordingly when you use/download the specific application/content. When your
bundle becomes low, you will be sent/given a message/email/notification that
you must purchase further credits to continue using the application whereupon
you may elect to do so. Should you elect to purchase further credits, your
chosen payment method will be charged accordingly with the total amount of the
number of credits purchased.
c) If the Channel
provides an Automatic Credit Purchase service (as opposed to Automatic
Downloads):
If you elect to apply Automatic
Credit Purchases to your credit bundle when your bundle becomes low, your
registered chosen payment method will be charged accordingly with the total
amount of the number of credits you have elected to automatically purchase and as
previously setup. This will continue
until you cancel your Automatic Credit Purchase advice via your account section
of the relevant WAP or WEB site, OR the total amount of credit automatically
topped up reaches £20, OR the elapsed period of time whereupon the automatic top
ups are applied reaches 1 month, OR you send STOP to the
designated channel premium rate number, OR Xentima determine/ascertain/suspect any
fraud/misuse in relation to your account/service being provided OR you contact
the designated Channel Helpline number and request a cancellation of Automatic Credit
Purchases by following the voice prompts and leaving the appropriate
information.
d) If the Channel
provides an Automatic Download Service (as opposed to Automatic Credit
Purchases):
If
you elect to set
Automatic Downloads via your account section of the relevant WAP or WEB
site,
your bundle credits account will be decremented by the value associated
with
the use/download of the application/content chosen, at the time when
the
application/content is actually retrieved by you. When setting any Auto
Downloads, you are not
charged in advance for all future downloads, instead you are charged at
the time when you use/download the application/content. If you
elect not to download a particular application/content piece when it is
presented to you via the Automatic Download Notification, you will not
be
charged for it.
Automatic Download
Notifications will continue until your bundle becomes too low in remaining
credits, so as not to be able to service the delivery of the relevant
application/content, OR you cancel/reset your Automatic Download advice via your
account section of the relevant WAP or WEB site, OR you send
STOP to the designated channel premium rate number, OR Xentima
determine/ascertain/suspect any fraud/misuse in relation to your account or the
service being provided or you contact the designated Channel Helpline number
and request a cancellation of Automatic Downloads by following the voice
prompts and leaving the appropriate information.
Xentima will provide a
suitable message/notification by email/SMS/on screen, as appropriate, whenever
one of the above events occur in order to notify you that your request has been
actioned.
4. Cancel Information
You may cancel your Account/Subscription
or Automatic Credit Purchase or Automatic Downloads by accessing your Account
at the Channel website. Cancellation instructions are available through the
Help section (or similar) of your account. In the event you signed up for a
minimum commitment period, you will be responsible for all charges for the
entire minimum commitment period.
5. Xentima's Right to
Terminate or Modify Terms
Xentima may modify the
terms of this subscription, including but not limited to the price, content or
nature of the subscription, upon notice to you. In the event that Xentima
modifies the subscription terms, you may terminate the subscription. Xentima
may terminate this subscription at any time upon notice to you, provided that
you will be entitled to receive the subscription for any period for which you
have already paid, or a pro-rated refund (to be determined at Xentima's sole
discretion). Xentima may provide notice by email or by publishing the changes
on its Web site. This Agreement will automatically terminate if you fail to
comply with any term. No notice shall be required from Xentima to effect such
termination. Upon any termination of this Agreement (whether by you or
Xentima), you shall immediately discontinue use of the subscription
product/credit product. Your obligation to pay accrued charges and fees shall
survive any termination of this Agreement.
6. Confidentiality
You are responsible for
maintaining the confidentiality of your password and account information. You
are responsible for all activities that occur in your account and you agree to
notify Xentima immediately of any unauthorized account use. Xentima is in no
way responsible for any loss that you may incur as a result of any unauthorized
use of your user account and password.
7. Email / SMS
Notification
To let you know what new
subscriptions are available from time to time, or to notify you of a charge to
your account, Xentima will send you email / SMS correspondence. You agree that
as a subscriber, Xentima may send you such notifications to the address or
phone number you provide. You will receive this notification even if you have
opted out of receiving other notifications from Xentima. If you do not want to
receive this notification, you may cancel the subscription at any time as
provided in this Agreement. This Agreement is in conjunction with Xentima's
Refund Policy and other existing policies, located at http://www.Xentima.com
Xentima reserves the
right to contact you regarding your Account, Services or Subscription or
regarding any alterations to, information on or otherwise relating to the
service(s) Xentima provides. Xentima may
contact you regarding other Channels or Services that may be of interest to
you.
8. How to Cancel/Request
a Refund
To cancel your Account/Subscription,
please access the Channel Website/Wapsite Account section. To request a refund
for a subscription/product, please access your Channel Website Help section. If
you wish to cancel your subscription or request a refund offline, please call
(+44)(0)84477 XENTIMA (9368462) or the Channel Helpline number and follow the
voice prompts.
9. Returns Policy
If for any reason you are
not satisfied with your hardware, accessory, or unopened boxed software
purchase, you can return it within 30 days of its purchase date for a refund,
exchange, or credit (minus shipping and handling charges). If you download
software or content from our site that proves to be defective, we will work
with you to achieve a full refund or exchange and endeavour to resolve the
issue via the 3rd party software supplier.
10. Privacy Policy
We never give
third-parties access to your information, and we use the tightest safeguards to
protect your sensitive information. This Privacy Policy describes the
guidelines Xentima uses to protect the information we collect about you during
your visit to our Web site. What we do with information we collect Xentima will
never disclose, share or sell your information to any outside company for any purpose.
The information that we collect during a purchase is used ONLY to fulfil your
order, track the status of your order, and provide the best customer service
possible. At various times, Xentima requests personal information which may
include your name, address, telephone number, email address, credit card
information, and personal interests. In addition, Xentima periodically sponsors
contests and other promotions that may require additional information in order
to participate. Many downloadable software applications require the software
developers to provide the customer with a registration key. In these cases,
Xentima must provide the software developers with relevant customer information
in order for them to generate a registration key and email it to the customer.
If you suspect a software developer of misusing your information, please notify
us by emailing
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view it.
Xentima cannot be
responsible for the privacy practices that each of the software companies
follow. If you are concerned about the privacy policy of a certain developer or
software company, you may contact them directly or visit their individual Web
sites.
Xentima may disclose your
information under special circumstances, such as when we believe it is required
by law. Xentima may also use customer information on an aggregate basis to
better understand our users and to improve our services. Aggregate statistics
may also be disclosed to potential advertisers and/or business partners. (For
example, we might use the aggregate statistic "15% of Xentima's users are
from London", but we would not give away
that "Mr. John Doe, age 35, is from London",
unless we had prior permission).
As outlined in “7. Email /
SMS Notification” above, Xentima may contact you regarding your Account,
Service or other Channels. However, it
will conform to the Privacy Policy in full and will not send inappropriate, unnecessary
or generally persistent or annoying messages to you.
11. The Use of
"Cookies"
Xentima may use cookies.
Cookies are common mechanism using small information files stored by your
browser on your hard drive that allow us to provide advanced features such as
personalization and shopping carts. The cookies we use do not contain any
personal information. If you wish, you can change your browser settings to
disable cookies, but please note that cookies may need to be enabled on your
browser in order to make a purchase at our Web site.
12. Your Consent
By visiting and
purchasing products through Xentima's Web site, you consent to the collection
and use of the information described above by Xentima. We may periodically
modify our privacy policy and will post any changes on this page so you can always
be up to date on the information we collect and how we use it.
13. Customer Rights
Xentima believe that our
customers deserve the utmost respect and professionalism. We are dedicated to
providing an online shopping environment that offers not only the finest and
widest array of software, but also guarantees the utmost support, security, and
privacy for our members.
14. Support
We want you to be
satisfied with your Xentima experience. To that end, we will do all we can to
help you with any queries or troubles you may have with our site or your
purchase. To reach our customer support team, please fill out our customer
service form. It will expedite your request for assistance by providing our
representatives with all the information they need to solve your problem as
soon as possible. You also can email us at
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15. Security
Xentima guarantees the
highest level of security for your confidential information while you shop.
When making purchases, all of your personal information including credit card
number, name, and address are encrypted, so it cannot be read as the
information travels over the Internet. We guarantee all transactions you make
at Xentima are 100% secure. Payment is made through ePDQ, an established online
payment system run by Barclays. The ePDQ CPI utilises a high level of
encryption - customers connect using 128 bit SSL encryption. ePDQ also encrypts
stored transaction information, ensuring that it's not tampered with. ePDQ take
responsibility for capturing and storing card details on secure servers and
always ensure that this information is held with the very high levels of
security you would expect from a major financial services company. You can
learn more about ePDQ at www.epdq.co.uk
16. Phone Orders
Xentima also accepts
orders via phone or fax. If you would rather order offline, simply call us at
(+44) (0)84477 XENTIMA (9368462) or the Channel Helpline number and follow the
prompts.
17. Privacy
We have a great deal of
respect for our customers' privacy. We do not give, sell, or rent your private
information to any outside company for its use in marketing or solicitation.
Any personal information you provide to us is used solely to provide services
you have requested, or to enhance your experience while visiting us. To learn
more about our privacy policy, see the Channel website Help section.
18. Indemnity
The consumer should be
aware that the products and sites listed at Xentima.com have been provided by
parties other than Xentima Ltd. with the exception of any product branded
"Xentima" in the title (this does not include any product may be
referred to as distributed by Xentima (Mobile) Ltd). With the exception of
products found in Xentima Software Suites and other Xentima-branded titles
(excluding distributed by), Xentima has not tested, certified, or validated any
software found on these sites and therefore cannot make any representations
regarding the quality, safety, or suitability of any software found there.
Xentima will make every reasonable effort to monitor products; however, you are
solely responsible for any repercussions resulting from the use of any software
and Xentima will not be liable for any damages resulting from the use,
modification, or distribution of any software. Any questions, complaints, or
claims related to specific software titles should be directed to the
appropriate party, which Xentima will provide upon request.
Any redistribution or
reproduction of part or all of the contents in any form is prohibited other
than the following:
You may print or download
to a local hard disk extracts for your personal and non-commercial use
only. You may copy the content to
individual third parties for their personal use, but only if you acknowledge
the website as the source of the material. You may not, except with our express
written permission, distribute or commercially exploit the content. Nor may you
transmit it or store it in any other website or other form of electronic
retrieval system.