Terms and Conditions

Definitions

Deliverable

A tangible or intangible output of all Magestore Solution, including product, project, or service that is delivered to a customer. A tangible item or intangible result is delivered to customers as an output of the contract.

Work product

A tangible or intangible output that is completed as part of the scope of Deliverable, a unit of Deliverable work that is individually estimated, budgeted, assigned, completed, measured, and controlled. A Work product includes but is not limited to: binary packages implementing functionality in the scope of the Deliverable, source code, build procedures, test scripts, test data, and all other artifacts used to produce binary packages above (upon request), as well as other non-binary deliverables, such as user manuals, design documentation, training materials, etc. defined by the scope of the Deliverable.

Sprint

The solution will be delivered following the continuous delivery methodology and currently consists of weekly Sprints. The Customer and Magestore will jointly define the Deliverable and Work product of each Sprint.

Roadmap

A strategic plan that defines a goal or desired final Deliverable and includes the major steps or milestones needed to reach it.

Deployment Environment

A collection of configured clusters, servers, and middleware that collaborate to provide an environment to host software modules. For example, a deployment environment might include a host for message destinations, a processor or sorter of business events, and administrative programs.

Live (Production) Environment

A Deployment Environment that is in production mode and in use by real users to conduct business activities.

Staging (Pre-Production) Environment

A Deployment Environment for testing that exactly resembles a production environment. It seeks to mirror an actual production environment as closely as possible and may connect to other production services and data, such as databases.

Development (Integration) Environment

A Deployment Environment where all developers commit code changes. The goal of this environment is to combine and validate the work of the entire project team so it can be tested before being promoted to the Staging Environment.

API (Application Programming Interface)

A set of functions and procedures that allow the creation of applications to access the features or data of an operating system, application, or other services.

Deliverable Update

An update or patch is a free implementation for a Deliverable. It provides fixes for features that aren’t working as intended or adds minor changes for enhancements and compatibility. Deliverable updates are released to address security issues when they occur, address minor bugs discovered in the software, improve the operation of hardware or peripherals, and add support for new models of equipment. These small and incremental updates improve the operation of the Deliverable.

Deliverable Upgrade

An upgrade is a new version of the Deliverable that offers a significant change or major improvement over the current version. A Deliverable upgrade requires the purchase of the newest version of the Deliverable, sometimes at a discounted price if the Customer owns an older version of the Deliverable.

Magento Major Version

Described by Magento Release Policy and Magento Versioning Schema at the time of signing the Agreement.

Magento Minor Version

Described by Magento Release Policy and Magento Versioning Schema at the time of of signing the Agreement.

Magento Patch Version

Described by Magento Release Policy and Magento Versioning Schema at the time of signing the Agreement.

1. Copyright

Magestore is the copyright holder of all Deliverables. The copying, redistribution, use, or publication of any Deliverable without Magestore’s permission is strictly prohibited. The Customer is not allowed to use any part of Magestore’s Deliverable as a whole or as part of any other software or product or website.

2. Usage License

2.1. Grant of License

By purchasing a Magestore Deliverable, the customer may receive the Deliverable with all of its Work Product upon reasonable request.

The customer will obtain a license certificate which will remain valid until the customer stops using the Deliverables; or until Magestore terminates this license because of the customer’s failure to comply with any of its terms and conditions. Each license certificate is valid for one Live Environment Magento installation only and one Staging Environment, both running the same setup. Any planned changes to the environment should be noted beforehand to avoid unexpected additional license costs.

The Customer is allowed to customize Magestore Deliverables to fit with their using purpose.

Magestore will not be held responsible and accountable for any incident incurred from customers modifying the Work Product, customization done by the Customer, or from another party that is not under management control by Magestore in this agreement.

2.2. Description of Other Rights and Limitations

(a) Installation and Use

For each additional or new Deliverable delivery, the customer is obliged to purchase a separate license of the Deliverable and its Work Product.

The customer must not take any Deliverable and its Work Product and use it within another software or product or website. The Work Product is provided for the sole purpose of customizing the product. Reusing any Work Product may result in blacklisting and no future purchases or updates from Magestore.

The Customer is legally bound to preserve the copyright information intact, including the texts or links in the Deliverable.

(b) Distribution

The Customer is not allowed to distribute Magestore Deliverable and its Work Product to third parties. Any distribution without Magestore’s permission, including non-commercial distribution, is considered a violation of this Agreement and entails liability according to the current law.

The Customer may not place the Deliverable onto a server that allows access via a public network or the Internet for distribution purposes.

(c) Rental

The Customer may not give, sell, sub-license, rent, lease, or lend any portion of the Deliverable to anyone.

(d) Compliance with Applicable Laws

The Customer must comply with all applicable laws regarding the use of Deliverable. Magestore Deliverable and all its portions are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Accordingly, the Customer is required to treat the Deliverable like any other copyrighted material. Any activity violating copyright law will be prosecuted according to the current law. Magestore retains the right to revoke the license of any user holding an invalid license.

2.3. Termination

Without prejudice to any other rights, Magestore may terminate this License at any time if the Customer fails to comply with the terms and conditions of this License. In such an event, it constitutes a breach of the agreement. The license to use the program is revoked and the Customer must delete Deliverable and all copies of Magestore Deliverable in their possession.

If the Customer continues using Magestore Deliverable after the termination of their license, the customer agrees that this may result in legal consequences to prevent its further use. The Customer will have to pay all costs (including but not limited to reasonable attorney fees) to enforce Magestore’s revocation of the license and for any damages suffered by Magestore due to the misuse of Magestore Deliverable.

In case of license termination, Magestore is not bound to return the customer the amount spent for the purchase of the Deliverable.

2.4. Limitation of Liability

In no event shall Magestore be liable for any damages, including, without limitation, lost profits, business interruption, or lost information, arising out of the use of or inability to use the Magestore products by authorized users, even if Magestore has been advised of the possibility of such damages.

In no event will Magestore be liable for prosecution arising from the use of the Deliverable against the law or for any illegal use.

3. Deliverable Handover

3.1. Continuous Delivery Methodology

The solution will be delivered following the continuous delivery methodology and is currently estimated to consist of weekly Sprints. The Customer and Magestore will jointly define the Deliverable and its Work product of each Sprint.

This method offers the customer the following outcomes:

• Adjust business requirements throughout the development process:
  • Early testing and experiencing
  • Real-time feedback
  • Quick adaptation
• Increase the Customer’s ownership of the project:
  • Ability to complete the project anytime if all the business requirements are met ahead of schedule
• More collaboration:
  • Prevent potential time-wasters like detailed documentation and mock-ups during the pre-development process
  • Direct and continuous discussion with the whole solution team during the development process.

3.2. Delivery Process

Magestore’s delivery process includes the following steps:

(a) Place Order

The Customer confirms the sales order to hand over the Deliverables. A sales order specifies the details of Deliverables ordered by the customer along with the price, quantity, and terms and conditions.

The sales order acts as an official written document that validates and creates a binding agreement between the Customer and Magestore.

With the Place Order step, the Customer has a clear outcome to schedule to receive the Deliverables.

(b) Kick-Off

Kick-off is a step introducing the Customer through the Delivery Process and agreeing on how to effectively work together to deliver successfully. It’s a chance for the Customer and Magestore to establish a common ground for a positive working relationship. It solidifies what the Deliverables are and creates a shared understanding on:

• The statement of work: Describes the Deliverables and its Work Product that will be delivered and by what deadline.
• The scope: Detailed descriptions of the Deliverables and the Work Product needed to accomplish them.
• The timeline: Overview of what is expected to be delivered and when. This can be as detailed as needed.
• The Delivery method: Defines who, where, and how the Customer will receive the Deliverables from Magestore Environment to the Customer Environment.

This step provides the Customer with the following outcomes:

• Assurance about the delivery process
• An understanding of the organization and the current and the future Deliverables

(c) Design and Planning

This is a step to define the Deliverable’s key features, structure, criteria for success, and major Work Product. The aim is to develop one or more designs that can be used to achieve the desired Deliverables goals. The Customer can choose the best design to use for the execution of the Deliverables. This step might generate a variety of different outputs, including sketches, flowcharts, site trees, screen designs, prototypes, photo impressions, and more.

The Design and Planning step also covers the clarity of cost, scope, and schedule for the Deliverables. It lays out exactly what activities and tasks will be required, as well as the resources needed, from personnel to equipment to financing, and where they can be acquired.

The outcome of this step for the Customer:

• The requirements and detailed timeline are understood correctly.

(d) Solution Implementation

After the Customer has carefully agreed with the design planning, Magestore will be ready to start the implementation. The Solution Implementation step involves putting the Deliverables plan into action. It’s here that Magestore will coordinate and direct resources to meet the objectives of the plan and also handle any problem that comes up.

The Deliverables will be deemed complete when they have passed the Magestore Quality Control according to the Design and Planning output.

This step provides the Customer with the following outcomes:

• Update on project status with daily messages and daily meetings
• Update about risks and abnormalities

(e) Acceptance Test

Acceptance Test is the step from the time that the Deliverables becomes available for use in the Customer’s Staging Environment. This step guarantees that the customer will be satisfied with the Deliverables’ key features and structure that have been defined during Design and Planning.

The Customer will receive the Deliverables on the Customer Staging Environment based on the Delivery Method confirmed during the Kick-Off step.

This step provides the Customer with the following outcomes:

• Experience Deliverable and give feedback
• Decide what to do next
• Training usage
• Avoid risks that harm the live business environment
• Minimize the risk of making any fixes to the Deliverables after they are released publicly

(f) Roll-Out

This step transfers all Deliverables and their Work Product to a Live Environment and makes sure they are ready to be used in a live business environment. The Deliverables will be delivered on the Customer Live Environment according to the Delivery Method discussed at the Kick-Off step.

The outcomes of this step for the Customer are:

• Smooth actual use at stores
• Avoid risks that harm the live business environment
• Ensure data quality
• Authorized users have the knowledge to use the Deliverables

(g) Go-Live

Go-live is the step from the time at Deliverables something becomes available for use in Live Environment.

Magestore will make changes to deliverables according to written feedback. All amendments to the deliverables shall be included in the Deliverables statement of work for the future Sprint, as agreed with the Customer.

The outcome of this step for the Customer:

• Experience with common troubleshooting

(h) Support and Maintenance

Support

Support typically includes remote troubleshooting capabilities, installation assistance, and basic usability assistance. Remote troubleshooting capabilities may be delivered via online communication media or without human assistance through automated means.

Magestore commits to making all reasonable efforts to remedy any bug of the Deliverables submitted by the customer through the appropriate channel or guidance with respect to the use of the standard features of the Deliverables (includes functionalities, intended use, configuration, troubleshooting).

The Customer and Magestore agree that the main communication channels will be the private Slack channel or submitting tickets via portal support.tc-rm.ru. Methods of communication include, but not limited to, instant messaging, online conferences, screen share sessions.

Other assistance requests, such as additional questions related to development, customizations, or services requiring access to the Customer’s database including upgrading, may be covered through the purchase of a separate pack. In case it’s not clear if a request is covered by this Agreement or a Service Pack, the final decision is at the discretion of Magestore.

Maintenance

Maintenance typically includes the modification of a Deliverable after delivery to correct faults, improve performance or other attributes, or adapt the product to a modified environment. Maintenance activities may include Warranty and Upgrade services.

Bug

Bug is considered to be any failure of the Deliverables that results in a complete stop, error traceback, or security breach, and is not directly caused by a defective installation or configuration.

Non-compliance with specifications or requirements will be considered as bugs at the discretion of Magestore, typically, when the Deliverables does not produce the results or performance it was designed to produce by Magestore, which is fully demonstrated in Deploy Environments. As soon as the bug is fixed an appropriate remedy will be communicated to the Customer.

The Customer agrees that bugs caused by a modification or extension not provided by Magestore according to this agreement are not part of the official Deliverables. Magestore shall not be liable to the Customer for those bugs.

The Customer agrees that bugs caused by modification of the Deployment Environment designed by Magestore and approved by the Customers are not part of the official Deliverables. Magestore shall not be liable to the Customer for those bugs.

If the bug has been addressed in a more recent revision of the Deliverables used by the Customer, the Customer agrees to update the systems to that revision to obtain the correction.

3.3. The Customer’s Responsibilities

(a) Prepare Deployment Environment

• If Magestore does not have the access to the Deployment Environments, Magestore shall not be liable to the Customer for any incident related to the environments, although the support is still available. The accessing right gives Magestore full permission to access including but not limited to database, files, software, hardware, services, and any other related resources of the Deployment Environment.
• Staging Environment is a component in the Quality Control Process, where all the development works will be deployed and tested before launching on the Live Environment.
• The Customer must have a Staging Environment and Live Environment before the Delivery Process starts. If the Customer does not have those Deployment Environment, Magestore will provide those with extra fees.
• The Staging Environment must contain a very similar setup to the Live Environment site to avoid potential conflicts later on (e.g. third-party extensions, customizations, etc.). Magestore shall not be liable to the Customer for any incident that related to the difference between Staging Environment and Live Environment.
• The Staging Environment must be accessible to Magestore and should be as close to the Live Environment as possible to reduce the potential risks due to the code movement between sites.
• The Staging Environment site that the Customer provides to Magestore is isolated from other Environments. It should be exclusive to Magestore, and no other parties should work on the site unless specifically asked for by Magestore. This is to make sure that the result of Magestore work is not influenced or interfered with by external parties.

(b) Arrange the time and human resources for the Delivery Process

The Customer agrees to arrange time and human resources to test, to give feedback and requirements, to share information, and to confirm their requirements to any Deliverables and its Work Product through each step of the Delivery Process.

Magestore shall not be liable to the Customer for the delay of the Delivery timeline due to the Customer’s lack of time and resources.

(c) Approve each stage of the Delivery Process

The Customer must approve or reject the received Work Product of each Deliverable on each step of the Delivery Process. The approval of the Customer gives Magestore the permission to move forward to the next step of the Delivery Process or move forward to work with another Deliverable.

Any rejection from the Customer gives Magestore the permission to stop moving forward with any other Deliverable to discuss and to make changes to current Deliverables according to written feedback to have an approval. Magestore shall not be liable to the Customer for the delay of the Delivery timeline according to any reason from the Customer’s rejection.

If the customer requests that Magestore do any later step of the Delivery Process, or the Customer implements those steps by themselves, it means the Customer has approved the received Work Product of each Deliverable on every previous step of the Delivery Process.

After the Acceptance Test step of the Delivery Process starts, the Customer must review and test to approve or reject the Deliverables in the Staging environment within fifteen (15) working days after completion of the delivery. If the Customer does not approve or reject within three (3) months after Go-Live starts, the Customer agrees that they have approved the Deliverables.

The Staging Environment must follow the term of Prepare Deployment Environment and also following the below term:

• Staging Environment is accessible to Magestore and should be as close as the Live Environment as possible in order to reduce the potential risks due to the code movement between sites.
• The Staging Environment that the Customer provides to Magestore is isolated from other environments. There should be only Magestore exclusively, and no other parties working on the site, unless specifically asked for by Magestore. This is to make sure that the result of Magestore work is not influenced or interfered by external factors, and that the acceptance by the customer is objective.
• When other environments are different from the Staging Environment, and if Magestore does not have the access to those sites, Magestore will not be responsible for any issues related to the different environments, though the support is still available.
• In case the Customer does not have an Staging Environment, the Customer needs to provide Magestore with the Magento version. A fresh Magento installed with sample data on the version of Magento that customer provided will be considered as the acceptance site. Magestore will install and test the solution on this site.

After the Go-Live step of the Delivery Process starts, the Customer must approve or reject the use of the Deliverables in the Live Environment within three (3) months. If the Customer does not approve or reject within three (3) months after Go-Live starts, Magestore understands that the Customer has approved the Deliverables.

3.4. Value Delivery

For each Deliverable and its Work Product, the value delivered to the customer is accumulated by each step approved by the customer on the Delivery Process according to the term of Customer’s responsibilities. This accumulated value is called the Accepted Value of the Deliverable. The remaining value that has never been approved by the Customer is called the Remaining Value of the Deliverable.

If the customer approves any step in the Delivery Process according to the term of Customer responsibilities – Agree on each stage of the Delivery Process, the Accepted Value of the Deliverable will not be refunded for any reason. This does not apply to Deliverables that have their own refund terms such as Magestore POS.

The Accepted Value of the Deliverable of each step in the Delivery Process is defined by the following steps:

• Kick-Off: 10%
• Design and Planning: 20%
• Solution Implementation and Acceptance: 40%
• Roll-out and Go-Live: 30%

3.5. Magestore’s Responsibilities

• Help the Customer understand the Work Product at each step in the Delivery Process according to Value Delivery Terms
• Advise the Customer on the suitable Environment configuration
• Help the Customer understand the roles and responsibilities of each party on each step
• Comply with the Customer’s requirements and timeline that both parties agree on each step
• Report and update progress regularly with the Customer on Delivery Process

3.6. Change Requests

The Customer and Magestore recognize that there will be changes to the scope throughout the Delivery Process. Each Change will be accommodated provided that the new estimation does not exceed the total amount agreed in the specification.

The customer will be provided with the full information and description of each Deliverable. Any other information and requirements which are not mentioned in the description of Deliverables will be considered a Change Request.

Any Change Request that impacts the Deliverables but have already been agreed by the Customer on Delivery Process will usually require additional work and a new estimated quotation.

3.7. Exchange

If the Customer does not agree with the Deliverable, the Customer may exchange it for another Deliverable of equivalent or higher value than the Remaining Value of the Deliverable.

If the Customer wants to exchange the Deliverable for another of higher value than the Remaining Value of the Deliverable, the Customer needs to pay the price difference. The Customer needs to submit an exchange request after Magestore finishes evaluating the Customer’s request, agrees upon the exchange, and the Customer has made the essential payment if needed.

3.8. Cancellation and Refund

The Customer may cancel their use of Magestore Deliverable anytime, and the cancellation is effective immediately. The Customer can request a refund for the Remaining Value of the Deliverable within a 365-day money-back guarantee from the purchase day.

Exceptions apply for the Deliverables that are described in the refund terms or some Deliverables with their own refund terms. Check out section 13 for refund policy for Magestore POS license.

Magestore shall not be liable for a refund to the Customer if the Customer has violated any terms of this Agreement.

3.9. Support and Maintenance

During the Warranty period, Magestore provides Professional Support and Maintenance following the Service Level Agreement:

• Business working hours: 09:00–17:00 (GMT+7) on Vietnamese working days. (Vietnamese holidays excluded)
• First time response: Maximum of 24 hours during business working hours
• Support channel: Instant Message on Slack

After the warranty period has expired, the support level will be changed to Standard level that follows this SLA:

• Business working hours: 09:00–17:00 (GMT+7) on Vietnamese working days. (Vietnamese holidays excluded)
• First time response: Maximum of 48 hours during business working hours
• Support channel: Ticket on Service Desk

3.10. Warranty

For the duration of this Agreement, Magestore commits to using commercially reasonable efforts to execute the services in accordance with the generally accepted industry standards provided that:

• The Customer’s computing systems are in good operational order and the Deliverable is installed in a suitable operating environment.
• The Customer provides adequate troubleshooting information and any access that Magestore may need to identify, reproduce and address problems.
• All amounts due to Magestore have been paid.

The Customer’s sole and exclusive remedy and Magestore’s only obligation for any breach of this warranty are for Magestore to resume the execution of the Services at no additional charge.

Any Warranty will follow the terms under Standard Support and Maintenance.

This term excludes the custom development and changing environment not made by Magestore. If the Customer wishes Magestore to fix the issues that occurred by the changes that were not made by Magestore, additional fee for investigation and maintenance may be required.

Check out Section 12 for Warranty and Standard Support for Magestore POS.

3.11. Upgrade

There are occasions when Magestore needs to rebuild its products due to major upgrades in Magento. In this case, the Deliverable might not receive any further upgrade. If the Customer wishes to receive a future upgrade, they need to request a Deliverable Upgrade.

Upgrade is a step of delivering a new version of the Deliverable that offers a significant change or major improvement over the current version. A Deliverable upgrade requires the purchase of the newest version of the Deliverable.

The price to move to the new Deliverable Upgrade depends on Magestore estimation and sometimes at a discounted price if the Customer owns an older version of the Deliverable.

For policies specific to Magestore POS, refer to Section 10. Magestore POS Update and Section 11. Magestore POS Upgrade.

4. Consent to track usage

Magestore collects information to provide better services and insights for Magestore’s clients.

Magestore collects user behavior created from Magestore’s Deliverable once per day. This is to make sure that the Deliverable is running properly and detect possible incidents early on.

Magestore only collects this information if the Customer agrees for Magestore to do so and process it with the Customer’s consent. Magestore doesn’t provide or sell any of this information to third-parties.

The Customer can request Magestore to access, alter, or delete the Customer’s profile information. The Customer can contact Magestore’s support for more help.

Magestore takes all measures reasonably necessary to protect the confidentiality, integrity, and availability of the Customer’s information on Magestore.

5. Employment

Both parties agree not to solicit or offer employment to any employee of the other party who is involved in performing or using the services under this Agreement.

6. Disclaimers

Except as expressly provided herein, neither party makes any warranty of any kind, whether express, implied, statutory, or otherwise, and each party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law.

Magestore does not warrant that any Deliverable complies with any local or international law or regulations.

Neither party shall be liable to the other party for the delay in any performance or failure to render any performance under this Agreement when such failure or delay is caused by governmental regulations, fire, strike, war, flood, accident, epidemic, embargo, appropriation of plant or product in whole or in part by any government or public authority, or any other cause or causes, whether of like or different nature, beyond the reasonable control of the party as long as such cause or causes exist.

7. Governing law

Both parties agree that the laws of Vietnam will apply, should any dispute arise out of or in connection with this Agreement, without regard to choice or conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereinabove, both parties agree to submit to the sole jurisdiction of the Hanoi court (Vietnam) to litigate all disputes.

8. One-Time Payment Terms

• The prices stated are one-time payments only for an unlimited number of stores/users/devices at the moment or in the future.
• The Customer will be granted a first free year of Warranty, where Magestore’s technical team will provide Warranty during and after the Delivery Process.
• Based on the nature of open source software, Magestore would require a 100% upfront payment.
• Magestore shall not be liable to the Customer for any incident from Magestore Deliverables, or delivering any Magestore Deliverables due to any overdue payment in this term.
• Payment should be made via Bank Transfer with the following information:
  • Bank Account/Account number: 115002640170
  • Account holder/Beneficiary name: Magestore Technology JSC
  • Bank Name/Branch: Vietnam Joint Stock Commercial Bank for Industry and Trade – Hanoi Branch
  • Swift Code Vietinbank: ICBVVNVX106
  • Bank Address: 3rd floor, 6 Ngo Quyen str., Hoan Kiem dist., Ha Noi.

9. Magestore POS Release Policy

• Release Policy: Magestore POS uses semantic versioning on the individual module level by LINE.MAJOR.MINOR.PATCH. For example:
  • LINE release (MAJOR release) – POS Enterprise v4
  • MINOR release – POS Enterprise v4.15
  • PATCH release – POS Enterprise v4.15.1
• Magestore POS Line (Magestore POS Major Version): A major version of Magestore solution depending on both the Magento Minor Version and Magento Major Version being used. If the customer changes Magento Minor Version or Major Version, the Magestore POS needs to be upgraded to another Magestore POS Major Version. Any changes to another Magestore POS Major Version will be considered as a Magestore POS Upgrade.
• Magestore POS Minor Version: Module versions can vary. For example, some module changes are introduced as a new patch whereas others are introduced as a minor release. Minor releases can include new features that may require additional work by the Customer or the Customer’s solution partner during upgrade to ensure compatibility. Minor releases can include fixes for security and quality issues. Any changes to another Magestore POS Minor Version will be considered a Magestore POS Update.
• Magestore POS Patch Version: Any changes to Magestore POS Patch Version will be considered a Magestore POS Update.
• Magestore POS Update: An update or patch is a free implementation for Magestore POS. It provides fixes for features that aren’t working as intended or adds minor changes for enhancements and compatibility. Magestore POS Updates are released to:
  • Address security issues when they occur
  • Address minor bugs discovered in the software
  • Improve the operation of hardware or peripherals
  • Add support for new models of equipment
• Magestore POS Upgrade: An Upgrade is a new version of Magestore POS that offers a significant change or major improvement over the current version. The upgrade requires the purchase of the newest version of Magestore POS, sometimes at a discounted price if the Customer owns an older version of Magestore POS.

10. Magestore POS Update

Magestore offers free updates for the customers during their Warranty period. That means when the customer’s warranty is active, they can have new features for their purchased package without an extra fee. However, after the warranty period has expired, the Customer needs to renew the warranty if they want access to the latest version of Magestore POS.

If the Customer requests an implementation or other customization for the newly updated package, Magestore will charge an installation and/or extra customization fee.

The updates depend on Magestore’s policy on product sales and updates, which means future updates might be limited due to Magestore’s decision to stop selling the POS Product Line.

Magestore updates are independent of Magento updates. A Magento Update can result in a Magestore Product Upgrade.

11. Magestore POS Upgrade

While an update involves making small changes like bug fixes or security patches, an upgrade mostly includes a set of significant and substantial changes.

The upgrade is the process of replacing the Customer’s product with a newer version of the same product or product line. It is more complicated and involves more working hours because of the amount of data that needs to be replaced.

Updates are always free as they are not distinct software but are only meant to modify a pre-existing installation. On the other hand, upgrades are distinct and do not need the older software to function. The Customer agrees to pay full price for the upgrade, though some discount might be offered if they own the older version.

12. Magestore POS Warranty and Standard Support

The purchase of Magestore Deliverables includes a one-year free Warranty, which comes with Standard support service free of charge. This service starts from the data that the first sales order is confirmed. From the second year, the Customer has the right to renew the Warranty package.

If the Customer does not continue the Warranty and Standard support service continuously in the following months, Magestore will require an extra fee for investigation and maintenance when the Customer wants to start another Warranty.

This term excludes the custom development and changing environment not made by Magestore. If the Customer wishes Magestore to fix the issues that occurred by changes that were not made by Magestore, additional fee for investigation and maintenance may be required.

The formula to calculate Warranty fee will not be changed within 36 months from the signing date of Deliverable. After this period, Magestore and the Customer may discuss a new fee based on the market variation.

• Both Magestore and the Customer must agree with the new fee.
• The difference between the original fee and the proposed new fee can not be greater than 20%.
• If Magestore and the Customer can not agree on the fee, Magestore must provide no more than 3 months of services with the original price before stopping the contract.

13. Magestore POS Cancellation and Refund

The Customer may cancel their use of Magestore POS anytime, and the cancellation is effective immediately.

Magestore offers Full License Refund within a 90-day period from the day of purchasing.

This term is applied only for Magestore POS license and does not apply to other related Deliverables. Please refer to section 3.4. Value Delivery section for more details.

14. Policy Changes and Updates

Please note that this policy may change. Magestore reserves the right to add, remove, change and/or modify this policy at any time. The changes will be updated on this page and, if the changes are significant, we will provide a more prominent notice.

Last update: 15th July 2022.