Subject of the Contract
These general terms and conditions (GTC) apply to services of Advanced Ads GmbH (Advanced Ads) offered on https://wpadvancedads.com (the website).
Please carefully read through the GTC before using the website or any of our other offerings. By using the website or taking advantage of one of our other services, you are automatically indicating that you acknowledge the GTC.
Content made available by Advanced Ads is subject to copyright and may not be copied or used without our explicit written consent. Excluded from this is the use of excerpts of the texts on this website, in the case that the content is relevant to the target medium and the source is appropriately indicated using a link placed close to the content.
Advanced Ads does not accept responsibility for the external content on linked websites. Due to the abundance and ever-changing nature of the content, it is not possible for us to regulate this external content.
Please contact us if, despite the careful review, any of our content violates copyright, branding, or other laws. We will remove content involved after the complaint has been reviewed and acknowledged.
By using the comment function or publishing any other content on the website, you take full responsibility for this content. Some of the aspects this applies to includes but is not limited to, the adherence to copyright and branding laws, the adherence to data protection regulations, and data security in relation to harmful software such as viruses or Trojan horses.
By providing your content, you are granting Advanced Ads the unlimited right to process or use it.
Advanced Ads reserves the right to delete comments and other foreign content at any time without restriction.
Advanced Ads does not accept liability for editorial or freely accessible content or the damages arising from it. This includes explicitly free published software and source codes.
Liability for services and proprietary software relates to software that is explicitly created or provided or services with predefined goals. Direct damages to data and third-party systems are excluded from liability with the exception of those damages arising from gross negligence. Liability is limited to the amount of the contract price.
Payments and Licenses
Purchasing a software license from Advanced Ads grants you access to the following services for the duration of the license (1 year or more).
- Support via email
- Access to downloads of the current version and updates
- Access to APIs provided by Advanced Ads
Access to these services is bound to a valid license.
The following license types are restricted to be used by the buyer on his own domains only unless consent is given by Advanced Ads.
- All licenses valid for more than 1 year
- All Access with unlimited activations
Refund and Cancelation
We give refunds within 30 days after purchasing a product for the first time. Renewals and upgrades are excluded from refunds.
We reserve the right to deny a refund only in two cases:
- You open a dispute through the payment provider. Please contact us directly for a refund.
- You used or shared our products on sites you don’t have a license for. Test sites are excluded from that rule.
We might ask you to remove all plugins from your site before sending the refund.
In case you purchased a product with automatic renewals, you will be automatically billed when the license expires. You can cancel your subscription at any time in your account to stop future payments and automatic renewals.
We reserve the right to disable any license that is used to distribute our products without explicit consent. This includes denying access to our support and the customer account. The appropriate purchase is not refundable.
The following conditions apply explicitly to contract work, and particularly programming work and other services.
The client is obligated to cooperate appropriately for the duration of the time spent in development. Cooperating appropriately includes the relinquishment of all data and information that are necessary for reaching the goal.
Both parties mutually agree to give notice in the case that problems should arise during the course of project execution and/or foreseeable delays should arise.
Notification of project completion sent by Advanced Ads marks the beginning of a test phase. This will last one week for projects with a duration of up to one month. For a longer duration, approval will be due after two weeks. The test phase will increase by the appropriate length of time if faults are discovered which require further tests.
During the test phase, the client will confirm the acceptance of the project or reject it due to a proven deficiency. If no explicit feedback is received or if the client exceeds the test phase for reasons caused by the client, then acceptance of the project automatically counts as confirmed once the test phase is over.
Advanced Ads can charge change requests, the correction of small defects or other support requests as a new project and as such can charge the agreed hourly rate.
After paying in full, the client may use and further develop the software covered by the contract in any form for the client’s own purposes and for any direct uses as desired. To this end, Advanced Ads transfers the irrevocable, spatially and temporally unlimited usage right to the developed source code for all modes of use known at that time.
Advanced Ads also maintains the right to use the created source code free of charge in other projects. Accordingly, Advanced Ads may also use source codes from other projects in the client’s project.
The client may commission the production of documentation. This may include documentation in the source code, so that a programmer proficient in the applicable programming language may understand it within a reasonable amount of time. Additionally, Advanced Ads may request that the documentation is presented in the form of a user handbook. An extra charge in addition to the original proposal price will apply for documentation, as long as it is not already explicitly contained as part of the proposal.
The services and offerings of Advanced Ads will be compensated either through an hourly rate or flat rate. As long as nothing else has been indicated, the net price will be shown. If we are obligated to withhold value-added tax, this will be added to the amount on the bill.
If nothing else has been agreed in writing, there is no time limit for projects done on an hourly basis. Cost estimates produced beforehand are not binding.
The client has the right to ask Advanced Ads at any time about the hours already worked and the progress made.
Bills issued by wegilde must be paid within 14 days. Advanced Ads reserves the right to require prepayment in an appropriate amount. The client’s right to use the results openly starts after full payment has been received. After the payment deadline has passed, Advanced Ads can require that all results, even those that have already been used, be returned at the cost of the client
After the payment deadline passes, overdue fines and interest on late payment may be due in accordance with legal regulations.
Confidentiality, Storage of Documents
The parties are obligated to handle all information and exchanged objective documents that they have received from the respective other parties directly or indirectly as part of the collaboration in a confidential manner. This obligation for confidentiality is valid for a duration of five years. It ends if the confidential information becomes common public knowledge or if the information is shared with the parties to the contract during the period of validity for the confidentiality agreement by a third party without the imposition of a confidentiality obligation.
The client may require that all documents are deleted by Advanced Ads if he releases them completely from liability. The Advanced Ads reserves the right to permanently keep documents that facilitate a reconstruction of work done on the project. This applies particularly to communication with the client.
Please make sure that you are not sending us personalized information, including logins that enable us to gain access to such information. While we can agree to make an NDA about confidential information, we are not signing data processing agreements.
The Advanced Ads GmbH or its owner reserves the right to transfer the service or company to another party. This includes all information necessary to maintain the service and offer it to existing and future clients.
When the services are taken over by another company, they agree to honor these terms and inform customers about changes in advance, giving them the chance to withdraw their agreement.
No payments will be made for unpaid or refunded purchases, as well not for purchases from the affiliate partner itself.
Since we understand an affiliate to be an active marketer for our products and services, we reserve the right to remove affiliate accounts when their account didn’t generate a sale for a period of 90 days.
Due to the tax and anti-terrorism legislation of the European Union, we can only make payouts once we have the complete address and name of our affiliate partner. From our partners in the European Union, we also need their VAT ID or the confirmation of the small business regulation.
Payouts are made for accounts that reached at least €20 in unpaid commissions. Usually, payouts are made quarterly between two and three months after the quarter ended. E.g., around May 15th for the first quarter in a year.
Affiliate partners cover their transaction costs of the payouts.
Place of Execution and Jurisdiction
As long as the applicable laws of the Federal Republic of Germany do not dictate otherwise, the place of execution and jurisdiction is the University and Hanseatic City of Greifswald.
Code of conduct
We reserve the right to reject or cancel any contractual relationship at any time if we feel that they violate the WordPress community code of conduct. This includes unacceptable behavior like
intimidating, harassing, abusive, discriminatory, derogatory or demeaning conduct …
Harassment includes: offensive verbal comments related to gender, sexual orientation, race, religion, disability; inappropriate use of nudity and/or sexual images (…); deliberate intimidation, stalking or following; harassing photography or recording; sustained disruption of talks or other events; inappropriate physical contact, and unwelcome sexual attention.WordPress code of conduct
Side agreements and changes to the contract are only valid when made in written form. This requirement for the written form may not be annulled or abolished orally nor implicitly.
In the case that a translation of the GTC exists, the German version will remain valid as the main version.
The partial or full invalidity of single conditions of this contract does not affect the validity of the remaining provisions.
Last updated: March 22nd, 2021