TERM & CONDITIONS
KNOW ALL THE DETAILS BEFORE BUY
The present General Conditions of Use, Privacy Policy and Sale (hereinafter, the “General Conditions”) regulate the use of the website Disespubli
(hereinafter, the Website) that Disespubli, makes available to people who access your Website in order to provide information on products and services, their own and / or collaborating third parties, and facilitate their access to them, as well as the contracting of services and goods through the same (all referred to together the “Services”).
Disespubli, with registered office , is owned by Alberto G
.
To contact Disespubli, you can use the postal address indicated above, as well as the email address Hola@disespubli.com
Due to the very nature of the Website, as well as its content and purpose, practically all the navigation that can be carried out by it must be done enjoying the condition of Client, which is acquired according to the procedures set out in the same.
Therefore, the aforementioned condition of Customer implies adherence to the General Conditions in the version published at the time that the Website is accessed.
Disespubli reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions.
ACCESS AND SECURITY
The access to the Services requires the previous registration of the users, once they accept the General Conditions, going on to be considered as Clients.
The Client’s identifier will consist of his email address and a password. To access the Customer’s own account, it will be necessary to include this identifier, as well as a password that must contain at least 4 characters.
The use of the password is personal and non-transferable, the assignment, even temporary, to third parties is not allowed.
In this regard, the Client undertakes to make diligent use and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.
In the event that the Customer knows or suspects the use of your password by third parties, you must modify it immediately, in the way it is collected on the Website.
CORRECT USE OF THE SERVICES
The Client undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of a merely enunciative and non-limiting nature, undertakes to abstain from:
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Use the Services in a manner, for purposes or effects contrary to the law, morality and generally accepted good practices or public order;
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Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless you have the authorization of the owner of the corresponding rights or it is legally permitted;
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Carry out any act that may be considered a violation of any intellectual or industrial property rights belonging to Disespubli
disespubli or third parties;
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Use the Services and, in particular, the information of any kind obtained through the Website to send advertising, communications for the purpose of direct sale or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of its purpose, as well as to market or disclose in any way said information;
The Customer shall be liable for any damages and losses of any kind Disespubli may suffer, on occasion or as a consequence of breach of any of the obligations set forth above as well as any other included in these General Conditions and / or those imposed by the Law in relation to the use of the Website.
Disespubli will watch at all times for compliance with the current legal system, and will be entitled to interrupt, in its sole discretion, the Service or to exclude the Client from the Website in case of alleged commission, complete or incomplete, of any of the crimes or offenses typified by the current Penal Code, or in case of observing any conduct that in the judgment of Disespubli contrary to these General Conditions, the General Contracting Conditions that operate for this Website, the Law, the norms established by Disespubli or its collaborators or may disturb the proper functioning, image, credibility and / or prestige of Disespubli or his collaborators.
PROPERTY RIGHTS
All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of Disespubli or third parties, whose rights in this regard are legitimately held by their respective authors, and are therefore protected by national and international legislation.
The use of all elements subject to industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation is strictly prohibited.
The infraction of any of the aforementioned rights may constitute a violation of these provisions, as well as an offense punishable in accordance with articles 270 and following of the Penal Code.
Those Clients who send testimonies to the Website through the testimonial form (prior informed consent), in cases where the nature of the Services is possible, it is understood that they authorize Disespubli for reproduction, distribution, public communication, for all the time of copyright protection that is legally envisaged and without territorial limitation. Likewise, it is understood that this authorization is made free of charge.
Claims that may be filed by Clients in relation to possible breaches of intellectual or industrial property rights over any of the Services of this Website should be directed to the following e-mail address: Hola@disespubli.com.
EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
Disespubli is responsible for the veracity, accuracy and quality of this Website, its services, information and materials.
Disespubli reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services provided through it at any time and without prior notice, whether for technical reasons, security, control, of maintenance, due to power failures or any other justified cause.
In consecuense, Disespubli
guarantees the reliability, availability and continuity of its Website or Services, so that the use of the same by the Client is carried out without risk, if for any reason mentioned above you can not make use of the customer privileges in Disespubli, this can make a free claim to recover the part of the payment corresponding to the service that is pending (assuming the return of the cost proportional to the payment € 2’075 per month without service).
Disespubli will not be liable in case of interruptions of the Services, delays, errors, malfunctions of the same and, in general, other inconveniences that have their origin in causes beyond the control of Disespubli, and / or due to a fraudulent or culpable action of the Client and / or due to causes of unforeseeable circumstances or force majeure.
Without prejudice to what is established in article 1105 of the Civil Code, the concept of Force Majeure will also be understood, and for the purposes of these General Conditions, all events that occurred outside the control of Disespubli, such as: failure of third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions of the Public Authorities, those produced as a result of natural phenomena, blackouts, etc. and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that Disespubli has adopted reasonable safety measures in accordance with the state of the art. In any case, whatever its cause, Disespubli will not assume any responsibility for direct or indirect damages, consequential damages and / or loss of profits.
Disespubli excludes any liability for damages of any nature that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the Services offered by third parties or entities.
Disespubli will try as much as possible to update and rectify that information hosted on its Website that does not comply with the minimum guarantees of truthfulness. However, it will be exonerated from liability for its non-updating or rectification as well as for the contents and information provided in it.
In this sense, Disespubli It has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by Clients or collaborators, except in cases where required by current legislation or when required by a competent Judicial or Administrative Authority.
In the same way, Disespubli excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may produce alteration in the computer systems as well as in the documents or systems stored in them.
Disespubli is not responsible for the use that the Client makes of the Website Services or their passwords, as well as any other material thereof, infringing the intellectual or industrial property rights or any other rights of third parties.
The Client undertakes to hold harmless Disespubli, for any damage, prejudice, sanction, expense (including, without limitation, attorneys’ fees) or civil, administrative or any other liability, that may suffer Disespubli that is related to the breach or partial or defective performance of the provisions of these General Conditions or the applicable legislation, and, in particular, in relation to its obligations related to the protection of personal data collected in these conditions or established in the LOPD and development regulations.
REFUND RULES
According to the EU rules for consumer protection, you have the right to cancel and return the order within 14 days after the date of receipt of the products.
However, the 14-day cooling off period does not apply to all purchases. There are some exceptions such as:
- Online digital content, if you have already started downloading or broadcasting in real time and have accepted that with this you lose your right of withdrawal.
- Products purchased from individuals and not from companies.
If you need more information, you can check the EU tool on consumer rights.
Therefore, by accepting the terms and conditions to complete the purchase, you are accepting the established conditions with which you understand that once you have purchased the product, downloading it will void the return period, and the right of withdrawal.
You also understand that Disespubli is not a company but owned by an individual.
The products that Disespubli sell on the website are digital goods and cannot be “returned”, so your entitlement to a refund is designed with this in mind. Of course, in addition to these rules, each country has its own laws surrounding refunds, and these local laws are not excluded if they apply to you.
Before you ask for a refund
If you have purchased an item from Disespubli and you are experiencing a technical issue with the item, i recommend that you contact and seek assistance. Often i’ll be able to help to troubleshoot your problem.
Asking for refund
I understand, however, that sometimes may not be able to solve your issue or there may be circumstances in which a refund is warranted. In this case, here are the circumstances in which we would expect to provide you with a refund:
Item is “not as described” or the item doesn’t work the way it should
If an item doesn’t work the way it should then the author is required to promptly fix the issue by updating the item. An item is “not as described” if it is materially different from the item description or preview. If the issue can’t be fixed or it turns out that the item is “not as described” then you would be entitled to a refund from the author.
Item has a security vulnerability
If an item contains a security vulnerability and can’t easily be fixed you would be entitled to a refund. If the item can be fixed, then the author should do so promptly by updating the item. If the item contains a security vulnerability that is not patched in an appropriate timeframe then we would expect the author to provide a refund for the item.
Item support is promised but not provided
If you have a current support entitlement, and you are not provided that support in accordance with the item support policy the author should provide you with a refund.
The fact of being in any of these 3 situations, does not imply the immediate refund of the money, but the client will receive support and an attempt will be made to solve the incident whenever possible.
If after trying to put a solution it is not achieved, the customer will be entitled to a refund of the complement.
Renewals and subscriptions
Some products include a yearly subscription for updates and support.
Subscriptions renew automatically unless cancelled prior to the renewal date.
We send several email reminders starting 30 days before renewal, so you can cancel at any time before being charged again.
Please note that renewals are not eligible for a refund once they have been processed, as advance notice is provided.
You are responsible for managing your subscription from your account dashboard or by contacting support before the renewal date.
Support policy
If you buy a item on Disespubli, you will get a premium support. The support includes:
- Updates to ensure the item works as described and is protected against major security concerns
- Discretionary version updates
- Availability of the author to provide item support
- Technical questions about the item’s built-in features, functionality and third party plugins
- Assitance with reported bugs and issues
- Help with included third party assets (e.g shortcodes, forms, images)
- Help to start to use the item
The support not includes:
- Item customization
Item support does not include services to modify or extend the item beyond the original features, style and functionality described on the item page. For customization services that will help you tailor the item to your specific requirements, we recommend contacting to see if they privately offer paid customisation services
- Hosting, server enviroment, or software
Authors are not required to support issues about your web hosting or server environment, or issues with the software you’ve got installed on your machine to use the item. Please check your ISP/web hosting provider or other software documentation that you’re trying to use to help solve your issues.
- Help of included third party assets
If a supported item includes a third party asset (e.g. a plugin or slider), the author of the third party asset is not required to provide support for that asset to buyers of the supported item
Automatic Renewals and Subscription Policy
All the products are sold as subscriptions with automatic renewal enabled. By purchasing a subscription-based product, you agree to the following:
- Your subscription will automatically renew at the end of each billing cycle (e.g., annually) unless you cancel it beforehand.
- Reminder notifications will be sent before the renewal date. It is the customer’s responsibility to monitor these notifications and manage their subscription.
- You can cancel the auto-renewal at any time from your account settings.
- Once a renewal has been processed, refunds will not be granted, except in cases where the renewal was processed due to a technical error on our part.
We do not provide refunds for:
- Failure to cancel the renewal before the billing date.
- Lack of awareness of the auto-renewal policy despite prior notifications.
- Claims of being unable to access the account to cancel the renewal, unless the issue was reported before the renewal date.
LINKS TO OTHER WEB SITES
Disespubli
neither guarantees nor assumes any type of responsibility for the damages and losses suffered by the access to Services of third parties through connections, links or links of the linked sites or on the accuracy or reliability of the same.
The function of the links that appear in Disespubli is exclusively to inform the Client about the existence of other sources of information on the Internet, where you can expand the Services offered by the Portal.
Disespubli In no case will be responsible for the result obtained through such links or the consequences arising from access by customers to them. These third-party services are provided by these, so that Disespubli can not control and does not control the legality of the Services or their quality.
Consequently, the Customer must exercise prudence in the assessment and use of information and services existing in the contents of third parties.
APPLICABLE LAW AND JURISDICTION
For any interpretive or litigious issues that may arise, Spanish law will apply and in case of dispute, both parties agree to submit, with waiver of any other jurisdiction that may correspond, to the jurisdiction of the Courts and Tribunals of the city of Granada.
AFFILIATES PROGRAM
The Disespubli Affiliate Program (the “Program”) is meant to encourage you to promote the product and licenses, to bring Disespubli to new audiences and to make sure that you are rewarded for your activity. It does not create any relationship between Disespubli apart from independent contractors; you are not a Disespubli employee, nor do Disespubli have a partnership: if you get approved your participation in this program, you are independent contractor.
This means you should payl all aplicable taxes, make sure that you have proper insurance, and not make any statement on Disespubli behalf. It also means that Disespubli will pay you the sums Disespubli agree upon specific dates.
Please understand that the Disespubli liability to you is limited, as stated in the Disespubli terms of service, and that are non-exclusive; Disespubli can find other affiliates, and you can market other products.
Scope of the Relationship
In plain English: We’re independent contractors, you can’t share you account with others.
When joining the program, and upon the Disespubli approval, you will be appointed as a non-exclusive affiliate, and you shall act to refer new potential customers to purchase the Disespubli product and services. As a Disespubli affiliate, you may not present yourself as a part of Disespubli, and may not create any obligation on behalf of Disespubli.
Your participation is personal, meaning that you cannot have sub-affiliates or share your affiliate fees with anyone else.
Your shall invest reasonable time in promoting the Disespubli products and services, and do it with good quality; if Disespubli find that your promotional material is problematic, offensive, illegal or otherwise objectionable, Disespubli may terminate your participation in the program.
You represent and warrant that you are able to participate in the program, that you will only act in a legal, bona fide manner and that you will not infringe on any intellectual property right or act in any deceptive practice when participating in it.
Promotional Materials and Intellectual Property
In plain English: Respect the Disespubli intellectual property, Disespubli give you limited permission.
Disespubli reserve all the intellectual Property Rights; and Disespubli provide its affiliates a limited, temporary, non-exclusive, non-transferrable, non-sublicensable license to use the Disespubli trademark, brand name, and promotional materials, and such license is limited only to the use in promoting the Disespubli product and services with the Disespubli permitted banners.
This means that you cannot use the Disespubli intellectual Property Rights with another brand name or as a bundled project. It also means that you cannot allow others to use the content that Disespubli licensed to you.
You may only use the permitted banners and promotional material that Disespubli provide you as a part of the Disespubli gallery.
All promotional materials showing prices should reflect updated prices and discounts at any time.
Termination and Suspension
In plain English: Disespubli may stop this relationship at any time.
Disespubli reserve the right to terminate your affiliation with Disespubli (i.e., your membership in the Program), at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect, at Disespubli’s sole discretion. When we terminate our relationship, you must cease using all of the Disespubli Intellectual Property Rights.
In any case Disespubli suspect any breach of these terms, Disespubli may also suspend your account until Disespubli receive sufficient evidence from you that shows that no breach of these terms ocurred. In such case, Disespubli may require review of your books and records prior to reinstatement.
Upon termination due to breach (save for termination due to inactivity), we shall retain all funds in your account.
Termination for Inactivity
In plain English: If your account is inactive for an extended period, Disespubli will terminate your account and only pay the outstanding balance if it is over a specific sum.
In case Disespubli believe that your account is inactive, meaning it did not earn any commission or receive any visit using your referral link, then Disespubli may decide to close down your account. In such case, your pending balance, if not exceeding the payment threshold, will not be paid. Disespubli will not use this right without providing you notice of at least 14 days, allowing you the time to market and promote your referral links and restore your “active” status.
Malicious Use
In plan English: Don’t act bad and keep the Disespubli reputation. Don’t Distribute Disespubli On Your Own.
As long as you participate in the program, you cannot provide any third-party a copy of Disespubli, nor can you create derivative works of it. This is to ensure that all distribution of Disespubli is made only via Disespubli official channels and without any backdoors, changes or insertion of malicious code.
Any work you created that uses both or intellectual property, and your own (for example, a promotional video that has the Disespubli logo) must be destroyed or deleted. If you do not wish to do so, please contact and request the Disespubli specific consent.
Commission
In plain English: Disespubli pay according to a specific cookie measurement; Disespubli can only pay for these people.
Each affiliate will be provided with a fixed affiliate commission that Disespubli will notify in writing. Disespubli may change this commission at any time based on the Disespubli discretion. Such changes will not be retroactive.
Disespubli pay the commission for qualified leads; a qualified lead is a new customer, who subscribed to the Disespubli platform within a certain duration of days of clicking a permitted banner you placed, and who made a purchase of the Disespubli product and services; all, provided that Disespubli were not introduced to this customer by any other affiliate or that he did not subscribe to the Disespubli website of his own volition prior to his click. Disespubli will not pay a commission for self-dealing, i.e using the affiliate program to get discounts.
The commission shall be calculated out of Disespubli net revenues from your qualified leads, which means Disespubli total revenues, minus taxes, chargebacks, cancellations, bad debt, collection costs, clearing costs and payments made in order to collect the payment.
The means of tracking your qualified leads shall be by placing a banner that includes your tracking tags, pixels, and code Disespubli provide you.
You agree that Disespubli books and records are deemed as accurate and that Disespubli tracking is final.
The commission features:
- Exclusive for WSHK users
The access to the affiliates program is only available for WSHK users while its account is active. When you buy the WSHK plugin you will get a membership valid for 365 days as your WSHK license, so after this time, if you dont renew your membership purchasing a new license, you will lose your membership and the access to the affiliates area.
Also your account can be considered as inactive if you not logged in or dont make an order on 13 months and will be deleted automatically.
- 30% commission per sale
All the users that join in the affiliates program will have this fix commission, by the momment dont exist any possibility to increment it.
The discounts and taxes are excludes from the commissions, so you always will get the 30% of the product price.
- Customer cookie expiration 30 days
This is the period of time that a visitor have to make an order using your affiliate link.
But if this visitor make an order using another affiliate link in the same period of time, this commission will be for the last affiliate link and not for you.
- Exclusives coupon codes and discounts
Eventually Disespubli can provide some special discount for the affiliates, then you will get automatically an exclusive coupon code in your affiliates area.
- Payments via Paypal
When you get the minimum amount ($25) you can request the payment directly from your affiliates area and it will be paid from Paypal exclusively.
If you dont have a Paypal account, you can create one before to make the request.
The invoice will be generated automatically with the payment using your billing info.
Payment
In plan English: Disespubli will pay you according to the Disespubli specific program.
Your commission is calculated only upon payment to you. Until then, the expected payment is not an obligation from Disespubli to you, but an estimation of future revenues.
Disespubli pay its affiliates on a monthly basis when their commissions reach a threshold that Disespubli determine and post on the Disespubli website. The payment shall be made via Paypal.
Until the payment is made, the sums specified on your account are not considered debt, and shall not be paid until you reach that threshold.
You shall bear all taxes and expenses relating to the payment, including any fees which may be incurred by your bank.
You are required by law to provide to Disespubli an invoice upon payment.
If Disespubli provide a qualified lead with a refund, then Disespubli may deduct the commission from your future payment, or request that you return such fees. You also agree that Disespubli may offset any sums that you may owe Disespubli from any future payments.
Each party shall bear its own expenses, and the commission you are entitled to is the sole payment you receive in relation to your services.
Bad Practices
In plain English: Disespubli will kick you out if you are a bad actor.
Without limiting the Disespubli trademark Guidelines, Disespubli consider the following as “bad practices” which are prohibited and will cause automatic termination of your participation in this program, as well as forfeiture of all sums you are entitled to.
Please note that if at any time Disespubli believe that you acted in bad faith or illegally, Disespubli may also cancel your participation and withhold all payments.
The following are considered bad practices: (i) using deceptive practices, encouraging users to click banners or use of any automated means to create traffic; (ii) presenting yourself as a part of Disespubli; (iii) using the Disespubli brand, either in violation of the Trademarck Guidelines while presenting unpermitted banners, or when using the Disespubli Brand as a part of your domain name, website name, banners or in any form of paid advertising (for example, PPC campaigns);(iv) using domain names that imply any link to the Disespubli brand including the word “Disespubli” or similar sounding, looking or typed names;(v) spamming; (vi) buying traffic;(vii) using paid search or keyword advertising using the Disespubli Intellectual Property Rights or brand name to drive traffic to your site or to the banners;(viii) making any changes to the Disespubli plugin or including the tags, pixels and codes in items not related to Disespubli;(ix) offering coupons or discounts without the Disespubli consent;(x) offering others a part of your commission;(xi) placing your unique affiliate link in themes, templates, on the WordPress Dashboard and/or any other WordPress software;(xii) using words like “deal”, “sale” or “discount” in a deceptive manner or in a way stating that there is any discount, rebate, cash-back or other reduced payment for the services when there isn’t.
All websites which you use to promote Disespubli must have a prominent privacy policy, which is acceptable under the relevant privacy protection laws, as well as provide a prominent notice on the collection of data made by us using the tag, pixel, and code.
This list is non-exhaustive, and Disespubli may block any practice that Disespubli believe is bad and terminate or suspend your account due to it. Bad practices also include any illegal or unauthorized advertising, infringing intellectual property rights, invading users privacy, or otherwise using any advertising in violation of local laws and regulations.
Confidentiality
In plain English: Don’t tell others how much you earned from the program.
Our relationship is confidential; meaning that your commission is confidential, the fact that Disespubli paid you is not. You should add a decent disclosure if required by law that you receive a commission for every click on the Disespubli banner, but you should not tell others what is your specific commission.
