Next Limit Technologies - GENERAL CONDITIONS OF SALE

 

Scope

The conditions contained hereto are applicable for all the sale, purchase, download, and other license agreements of Next Limit’s products and/or services entered into between Next Limit, S.L. (hereinafter referred to as “Next Limit”) and its existing clients, potential clients, partners, affiliates and resellers (hereinafter all collectively referred to as “Client” or “Clients”).

All the orders or downloads of products developed and commercialized by Next Limit shall be considered an offer by the Client for buying such products and/or services, and are subject to these General Conditions of Sale.

These conditions are applicable to all orders and downloads made from Next Limit´s web sites including, but not limited to, www.nextlimit.com, www.realflow.com, www.maxwellrender.com and www.xflow-cfd.com (hereinafter all collectively referred to as the “Next Limit Web Sites”)

 

Modification of the conditions.

Next Limit shall have the right to modify these General Conditions at any time and without given prior notice, including the conditions related to the payment, warranty and compensation.

Next Limit may inform users about any modifications to the General Conditions and of any other issues via the Next Limit Web Site, advertising the correspondent communications or establishing hypertext links to the communications, or also simply modifying the text on the Next Limit Web Sites.

It is advisable to regularly review the Next Limit Web Sites and these General Conditions. In the event Next Limit and the Client have entered into an agreement before the application of the present General Conditions, such agreement shall remain valid and effective.

Although Next Limit attempts to be accurate about the information published in the Next Limit Web Sites, it may be possible that some impreciseness, spelling mistakes or erroneous price lists arise. Next Limit shall not assume any responsibility for that. Next Limit shall have the right to improve and/or modify the products, services, program services, prices and all other published data in the Next Limit Web Sites at any time. The Next Limit Web Sites will be modified periodically to keep them up to date.

 

Prices

The valid product prices are those fixed at the moment of the acceptance of the Client’s order by Next Limit.

All the prices on the price list of Next Limit´s products do not include taxes. The reason is that the applicable taxes will be changed according to the country from which the sales are made.

Prices do not include transport fees, or transport insurance, added value tax (or any other sales taxes), custom duties and other excises, as well as public fees and taxes, unless otherwise established in the legislation currently in force.

The definitive price shall be fixed on the final sales report, indicating the amount of the correspondent taxes applicable according to the country selected in the application sent.

With respect to added value tax, as a general rule, the tax rate applicable shall be 21% for the European Union Territory where the mentioned tax is applicable. All companies belonging to any of the European Union countries except Spain shall be tax-exempt if they can provide a valid and confirmed tax code at the point of sale. Where sales are made from any other country, the added value tax shall not be passed on, although the duties system of each country shall apply the correspondent tax burden.

As a consequence of their special tax regime, Canary Island, Ceuta and Melilla shall be considered extra communitarian territories. Therefore, the sales made by the residents of these territories are exempt from the added value tax payment (duties expenses and import taxes are not included in the products´ price or the consignment, and must be paid by the receiver of the product at the place of destination).

The prices contained in the Next Limit Web Sites may be reviewed and modified at any moment.

 

Payment conditions

Next Limit will only accept payments made through any of the following credit/debit cards – Visa and MasterCard (and American Express for some products and services).  Any other kind of payment (for instance, checks or wire transfer) can only be accepted with the previous consent of Next Limit. The alternatives of payment could vary according to the country.

The Client shall make the payment (by an accepted credit/debit card or any other authorized way of payment by Next Limit) on the day of the acceptance of the order, unless otherwise agreed by Next Limit. The invoicing and collection may be entrusted to third parties.

When the payment is made by a credit/debit card, the Client must indicate the identification number of the card, and all the information required for the sale transaction.

Next Limit shall try to obtain from the issuing entity of the credit/debit card, or a suitable third party payment services provider, a confirmation of the credit card validity. Upon receipt of this confirmation, Next Limit may accept the order made by the Client.

Upon the conclusion of the agreement (after Next Limit having verified the products availability and accepted the order and method of payment of the Client), Next Limit shall charge the correspondent amount to the credit/debit card.

The charge to the credit/debit cards shall always be made in Euros or US Dollars depending on the location of the Client. Next Limit shall not be responsible for the possible fluctuations of the exchange rate (favourable to the Client or Next Limit) that may occur at the time of the charge in the Client’s account.

 

Acceptance of the order and the configuration of the agreement

Next Limit shall give acknowledgment of receipt of the Client´s order by e-mail, automated or otherwise, or by any other manner decided by Next Limit including telephone.  The acknowledgment of receipt shall not mean the acceptance of the order by Next Limit.

The acceptance of an order made on-line through the Next Limit Web Sites, or by mail or by telephone/fax, shall be communicated by Next Limit at its own discretion by e-mail, or by any other written form. In case of orders made orally through the telephone or any other similar manner, Next Limit reserves the right to confirm or accept them by the same manner.

For the conclusion of an agreement it is necessary that Next Limit has verified the products´ availability and accepted the order and the method of payment of the Client. As long as Next Limit does not confirm all these points, Next Limit is not obliged to provide any product or service.

Whenever the Client has chosen a different method of payment from the credit/debit card (and Next Limit has accepted this method of payment), Next Limit has the right to consider an order or an agreement void, as long as the payment has not been made effective within ten days since the acceptance of the correspondent order by Next Limit, with or without communicating it to the Client.

Next Limit shall preserve the entry of the orders, acknowledgment of receipt and agreements for a certain period of time after the supply is made.

Although the above mentioned entries are not generally accessible to the Client, upon an express and written request or if necessary, Next Limit shall provide them to the Client. We recommend you to preserve the present General Conditions, a copy of your order, the acknowledgement receipt of the order, the acceptance of the order and the method of payment and the invoice, or notes related to these, as a receipt.

The date established in the confirmation of the order is approximated. The place or recipient of the delivery is the one specified in the confirmation of the order.


Method and period of delivery

Normal method of delivery of all Next Limit´s products is electronic download.

Next Limit reserves the right to modify the method of delivery of the products as well as the delivery company where applicable, regardless of the terms contained in the present General Conditions and whenever this does not represent evident damage to the Client.

The prices given for the delivery expenses do not include the possible additional expenses for duties or other taxes that must be paid at destination by the receiver of the products.

 

Orders cancellation

The Client shall cancel the order only in the 5 days after the order of the products. Next Limit can ask the Client for written confirmation of the cancellation.  The right of withdrawal shall not be applicable when the Client has already downloaded the software and/or has commenced the use of the software and/or services.    

 

Refund Policy

Due to the nature of the software, refunds are not allowed.  


Next Limit provides demo versions of the product free of charge to test on the Client´s system for compatibility and features, and Next Limit cannot provide refunds after licenses have already been issued to unlock the software.

In the case of a Client reports any error or defect in the software, he shall return the products and documentation to Next Limit without damages, and where applicable in the same packaging in which they were delivered, at the Client’s risk and expense.

If the error or defect is confirmed by Next Limit and Next Limit is assured the anomaly is of Next Limit´s responsibility, Next Limit shall take reasonable measures to fix the anomaly.

Should a Client require any additional information about the purchased products features or suitability, contact Next Limit at www.nextlimit.com/contact_sales.php or by fax at: +34 917 219 464, with clear details about the problem and the Client will be instructed, if the case may be, of the necessary steps to solve the problem.

 

Personal Data Protection

The general Privacy Policy of Next Limit intends to always respect the applicable personal data regulations (Ley Orgánica 15/1999 of 13th December of Protection of Personal Data), the privacy of the Clients and the secrecy and security of the personal data collected, taking the necessary technical and organizational measures to avoid the loss, misuse, unauthorized access and theft of the personal data provided to Next Limit. 

For more detailed information, Clients should read the Next Limit Privacy Policy available from the Next Limit Web Sites.

 

Applicable law and jurisdiction

The web sites of Next Limit, and the sale or download of Next Limit´s software, shall be governed and interpreted in accordance with Spanish Law. Any dispute arising out of or in connection with the use of the web sites, or any sale or download, shall be submitted to the Courts of the capital city of Madrid for all issues that might arise between the Client and Next Limit.

 

Language

These general conditions are prepared in English language. In the event of a conflict between the English language version and any translated version, the English language version shall govern the parties´ relationship.

 

End User License agreement

By accepting the present Applicable General Conditions the Client agrees to read and accept the terms and conditions established in the End User License Agreement before installing the software.