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Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. USE OF THIS WEB-SITE SHALL CONSTITUTE YOUR ACCEPTANCE OF OUR TERMS OF USE AND TO BE BOUND BY THE CONDITIONS OF SALE.
1. Important Information about This Legal Contract
2. Delivery
3. Credit Card Purchases
4. Credit Card Charge backs
5. Prices, Charges and Payment
6. Return Policy
7. International Duties/Taxes
8. Customer Data and Privacy
9. Terms of Software Use
10. Professional Service Indemnification
11. Consequential Damages
12. Reproduction
13. Terms of Service
14. Governing Law
15. Contacting DOWN.CD
1. Important Information about This Legal Contract
1.1. This Sale Agreement is a legal contract between the Customer and DOWN.CD. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "down.cd" shall relate to DOWN.CD, and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the Customer and DOWN.CD relating to the purchase or sale of goods or services on the Site. In the event of any conflict between the terms and conditions stated on your order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our order shall control.
2. Delivery
2.1. All software purchases that are downloadable or designed for online use are typically made available to the customer immediately after a successful transaction (i.e. appropriate delivery address provided and payment made for the product), DOWN.CD will provide confirmation of each purchase and delivery of the software via a confirmation screen on the web site and a confirmation email sent to the email address provided during checkout. While the delivery process is set up for instant transmission of the software access links, DOWN.CD will not refund the purchase price of the software because of a delay in providing these access links, usernames and/or passwords and DOWN.CD is not responsible for any delays in transmission due to web service outages or email delivery delays.
2.2. The software offered by DOWN.CD is very simple to install, access and use. In all instances, complete instructions are provided covering the installation and access processes. Thus, all software is sold with the joint understanding that the customer possesses a basic knowledge of computer systems and software functionality. No returns will be accepted due to the inability of the user to understand and utilize the software because of a lack of knowledge of these basic computer functions. DOWN.CD will attempt to resolve any problems as quickly and easily as possible.
2.3. If you are unsure of the content of any software product title, please contact us before purchasing the software. We are happy to help you verify that you are purchasing the right software which will meet your needs.
3. Credit Card Purchases
3.1. The term "credit card holder" as used in these terms and conditions is defined as the person or entity in whose name the credit card was issued by the bank or financial institution that appears on the credit card. When you complete an online purchase from DOWN.CD using a credit card for payment, you agree to the following terms and conditions:
3.1.1. You are the credit card holder, a representative of the credit card holder or the credit card holder is aware you are making the purchase and has authorized you in advance to make the purchase using their credit card.
3.1.2. If you are not the credit card holder, you agree to notify the credit card holder of the purchase before making the purchase, and you guarantee to DOWN.CD that you have made the credit card holder aware of the purchase in advance.
3.1.3. Should you have a problem with your purchase, you will contact DOWN.CD to allow us to resolve the problem before contacting either the financial institution that issued the credit card or the credit card company.
3.1.4. To threaten a chargeback to alter purchase price after an order is placed is extortion; it is a felony and a Federal offense. Fraudulent use of credit cards will be investigated and reported to your local police, your local bank, our merchant service and the Federal Bureau of Investigations Department of Justice at www.IFCCFBI.gov. We will prosecute to the full extent of the law. All phone calls are time stamped and digitally recorded for quality control.
3.1.5. We do address verifications for every credit card. Orders that request delivery to an unverified address will require that we contact the actual owner of the credit card by phone. These phone numbers are obtained from sources other than the order itself.
3.1.6. An unauthorized credit card charge back after an order has been placed is known as friendly fraud or chargeback abuse, even if you are the owner of the card, it is theft and still fraud. We will dispute the chargeback with proof of delivery and, as required, file a report with the police and FBI.
3.1.7. Original orders processed in error, improper address, wrong phone number, declined or expired card, etc. will require that new order only be shipped to the billing address of the credit card.
3.1.8. We accept only those credit cards mentioned on the product ordering screens as the payment options for your purchase.
4. Credit Card Charge backs
4.1. DOWN.CD is proud to say that we have never once had a customer rightfully chargeback a purchase made online on our website DOWN.CD. However, we have been the victim of criminal or fraudulent charge backs. A criminal or fraudulent chargeback is when the credit card holder orders and receives products or services, then intentionally reverses the charge through their card-issuing bank stating that they did not place or receive the order. In almost all cases, the order is requested for delivery without a signature, as proof-of-delivery allows the merchant to successfully dispute the chargeback. Unfortunately, this new form of credit card fraud is becoming more common, and online/mail-order merchants who are unable to obtain a printed signature from the customer are the victims. Please note that charging back an order when that order was shipped and received is a theft. Fraudulent charge backs hurt honest customers by forcing online merchants to raise prices to cover cost or delay shipping when a request is made to ship without a signature.
4.2. We report all wrongful or fraudulent charge backs to your local police, your local bank, our merchant service and the Federal Bureau of Investigations Department of Justice at www.IFCCFBI.gov. Credit card fraud is a felony and we will aggressively prosecute anyone attempting to misuse a credit card number. We track every transaction and will use all means available to prosecute persons attempting fraud.
5. Prices, Charges and Payment
5.1. All prices are in U.S. Dollars. All credit card charges must be paid in U.S. dollars; DOWN.CD reserves the right to change the prices of software sold on this web site at any time.
6. Return Policy
6.1. Because the products sold by DOWN.CD are of a software nature, no returns of any software product sold will be accepted and no refunds will be granted. If we do decide or are forced to issue a refund or recieve a charge-back, your debt will be turned over to our collections department and you will be charged no more than one thousand dollars to cover our loss. The Purchaser of any software/product from DOWN.CD understands and agrees that all software/product purchases and/or downloads are considered final purchases for which absolutely no refunds will be given or provided.
6.2. Further, Purchaser agrees and acknowledges that the Purchaser shall be solely responsible for and shall bear (and/or reimburse) DOWN.CD for any chargeback fees issued to DOWN.CD by or from any credit card company, merchant service or other source of payment that is initiated at the request of the Purchaser. Stated another way, should Purchaser request a refund or chargeback from any credit card company, merchant service or other source of payment on the purchase of DOWN.CD software/product and should said card company, merchant or other source thereafter impose any fee or amount to DOWN.CD at the request of said Purchaser for or as a result, Purchaser shall reimburse DOWN.CD for the refund amount plus the said charge back fee or amount. By purchasing any software/product from DOWN.CD, the Purchaser expressly authorizes DOWN.CD to direct a payment/charge to made to Purchaser’s credit card account (the same being the credit card account used in the initial purchase of said software/product) in the amount of the said refund and charge back fee (or amount charged to DOWN.CD for such refund).
7. International Duties/Taxes
7.1. DOWN.CD is not responsible for any duties or value-added taxes that may be assessed by your local Customs office.
8. Customer Data and Privacy
8.1. During the transaction process, customer contact information and purchase history is collected by our systems. DOWN.CD reserves the right to send relevant offers via email and postal mail to our customers using this contact data.
9. Terms of Software Use
9.1. You understand that in order for DOWN.CD to make you a copy of any software, you acknowledge that you are the legal owner of this same software, and are looking to just make a new copy for archival (backup) purposes only. You also agree to destroy all copies of the software in the event it is ever no longer voluntarily in your possession. You understand that only the licensed owner (with a valid serial number, where applicable) of the various software found on DOWN.CD may use the services located here. You also acknowledge that the software you have was obtained legally and that you have the legal right to request this backup copy to be made. If you obtained your version though any other means, including any pirated versions, or if you do not already legally own the same version of the software requested, then you may not use this service. Furthermore, you agree to hold DOWN.CD harmless for any damages that may occur for your failure to follow the U.S. Copyright and other laws as they pertain to the backup you are requesting. When you purchase any backup copy of software through DOWN.CD, you agree to assume full liability in the event your actions are deemed illegal. DOWN.CD does not condone software piracy and has every intention of complying with the laws pertaining to the duplication of software.
9.2. By submittal of any order for software, you declare and warrant that you are provided all material on an "AS IS" basis, and DOWN.CD makes no representation or warranties of any kind, express or implied, as to the information, content, materials, includes. All title and intellectual property rights remain those of the respective content owner and any intellectual property protected by laws and treaties, without grant or rights to use, and not to copy or print. Any such documentation or material that is accompanying any software or document is provided by DOWN.CD only as documentation, with no basis of value.
10. Professional Service Indemnification
10.1. You expressly agree to indemnify, hold harmless, and defend DOWN.CD against lawsuits, claims, costs associated with defense or accusations, and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement, or services ordered by you, which may prove to be in violation of any law or infringement on the intellectual rights of a third party.
11. Consequential Damages
11.1. In no event shall DOWN.CD, its subsidiaries or affiliates, or their respective officers, directors, employees, representatives or agents (collectively, "DOWN.CD") be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not DOWN.CD has been advised of the possibility of any such damages.
11.2. You acknowledge that no promise, representation, warranty or undertaking has been made or given by Manufacturer (or related company) to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SOFTWARE and any accompanying materials. You have relied upon your own skill and judgment in deciding to acquire the SOFTWARE and any accompanying written materials for use by you. Except as and to the extent provided in this agreement, neither Manufacturer (or related company) will in any circumstances be liable for any other damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss) arising out of the use or inability to use or supply or non-supply of the SOFTWARE and any accompanying materials.
12. Reproduction
12.1. Any reproduction or redistribution of any DOWN.CD product or product part not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No program, code, part, image, video clip, audio sample, text, idea, feel, or computer generated sequence of images may be copied or used in any way by the user except as intended within the bounds of the single user program. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
13. Terms of Service
13.1. DOWN.CD reserves the right to refuse to sell product or provide service to anyone, at its own discretion.
14. Governing Law
14.1. Except for California’s conflict of Law Provisions, the laws of the State of California will govern this agreement.
14.2. If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement.
15. Contacting DOWN.CD
15.1. Please review our Support Desk where you will find answers to all questions. If you cannot find an answer, please submit a ticket on Support Desk and our Support Team will get back to you within 12 hours.
