Terms of Use
Last updated 7 Nov 2022
These Terms of Sale (the “Terms”) govern the sale of products and services by ijVine Corporation and its affiliated companies and subsidiaries (collectively, “ijVine”) regarding your use and interaction with ijVine and its “ijVine” software application and all related software applications, websites, portals and cloud servers (collectively, the “Application”). By using our Application, you consent to this Privacy Policy, as amended from time to time.
We will not sell, share, or rent this information to others in ways other than those outlined in this Privacy Policy. ijVine collects information from our users at several different points on the Application. Personal Information (defined below) provided by users (“you”) will be used by ijVine to improve the Application and provide a more personalized experience for the user, but information which identifies a specific individual will not be disclosed to others without the user’s permission unless necessary to provide services which the user has requested.
This online privacy policy applies only to information collected through our website and not to information collected offline.
ijVine is based in Washington, USA and is only required to comply with Washington and applicable U.S. data and privacy laws. Do not use the Application or if any provision of this Privacy Policy does not comply with any laws of your jurisdiction.
These Terms incorporate, by reference, the ijVine Privacy Policy and ijVine Security Policy. In the event of a conflict between these Terms and Privacy Policy or Security Policy, these Terms will prevail.
Please read these Terms carefully before placing an order with ijVine. By accepting an order with ijVine, the client marks his acceptance with these Terms.
In addition, the Application operates on top of the Odoo community software application, which is owned by Odoo, SA (“Odoo”). These Terms cover the ijVine Application only, and ijVine is not liable or responsible for any acts or omissions by Odoo. Please consult Odoo’s terms, Privacy Policy and Security Policies.
The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard Terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.
Our invoices are payable within 21 working days, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, ijVine reserves the right to request a fixed interest payment amounting to 15% of the sum remaining due. ijVine will be authorized to suspend any provision of services without prior warning in the event of late payment.
If a payment is still outstanding more than sixty (60) days after the due payment date, ijVine reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.
Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances can ijVine become involved in costs related to a country’s legislation. The amount of the invoice will therefore be due to ijVine in its entirety and does not include any costs relating to the legislation of the country in which the client is located. For clients with a global presence, the applicable pricing is always based on the client location with the highest price list, unless otherwise specified in writing at the time of purchase.
ijVine undertakes to do its best to supply services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. ijVine cannot, under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.
In order for it to be admissible, ijVine must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
To the maximum extent permitted by law, the aggregate liability of each party together with its affiliates arising will not exceed 50% of the total amount paid by the Customer under these Terms during the 12 months immediately preceding the date of the event giving rise to such claim. Multiple claims shall not enlarge this limitation.
ijVine reserves the right to modify these Terms at any time without prior notice. The client will be subject to the Terms in force at the time of acceptation of those Terms, which will be indicated by client’s use of the Application after the revised Terms are posted online.
Disputes. These Terms shall be interpreted and governed by the laws of the United States and the State of Texas, without regard to conflicts of laws. Any dispute arising out of these Terms shall be settled by final and binding arbitration conducted in Seattle, Washington, by one neutral arbitrator knowledgeable in the subject matter covered by this Privacy Policy, in accordance with this Section and the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The successful party in the arbitration shall be awarded by the arbitrator that party’s costs and expenses, including attorneys’ fees and administrative fees of the AAA. An award may be confirmed and judgment entered in any court having competent jurisdiction. Except as otherwise provided for herein, any litigation initiated under such act or otherwise shall be conducted in a court of competent jurisdiction located in Dallas County, Texas.