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Agreement

Purchase Term and Conditions

  1. GENERAL
    1. In these Terms and Conditions of Purchase ("Purchase Terms"):
      1. "Customer" means an individual or a legal entity purchasing Product.
      2. "PMU" means the name of the proprietary limited company registed in Australia under the ACN 167 339 577.
      3. "Product" means any BPM4Net software program or service furnished to Customer subject to the applicable end-user license agreement or terms of use as set forth by PMU.
    2. Customer accepts these Purchase Terms by placing an order for Product with PMU. Orders placed by Customer with an external PMU distributor are subject to terms and conditions of purchase set forth by that distributor.
  2. ORDER PLACEMENT AND ACCEPTANCE
    1. Customer may place an order with PMU:
      1. online on the BPM4Net website bpm4net.com;
      2. by e-mail using the appropriate BPM4Net sales office contact.
    2. Order details shall be in English. Customer can modify order details before acceptance of the Customer order by PMU. English is the preferred language for order-related enquiries.
    3. Any order is not binding upon PMU until accepted by PMU. Non-acceptance of an order may be the result of one of the following:
      1. failed payment;
      2. growing backlog or negative payment history;
      3. incomplete or incorrect order details, such as missing e-mail address for delivery, missing Customer billing address, or a pricing or product description error, among others;
      4. ineligibility according to the order criteria (e.g. entitlement to upgrade or to certain Product purchase options restricted to particular users or purpose of use).
  3. PRICES AND PAYMENT TERMS
    1. PMU sets prices and accepts payments for its Products in the following currency: USD. Prices are subject to change by PMU.
    2. PMU accepts major debit and credit cards (collectively, "payment cards"). PMU is not responsible for any payment failure resulting from inaccurate payment card details provided by Customer when placing an online order, any restrictions applicable to payment card by Customer's bank, or payment gateway failure.
    3. PMU only accepts purchase orders from existing corporate Customers with clear payment history. Purchase orders can only be paid by wire transfer within 30 days or paypal checkout online. Purchase orders from newly registered corporate Customers and offline orders from individual Customers are subject to advance payment by wire transfer.
  4. PRODUCT DELIVERY
    1. PMU ships no physical Products. Any details necessary to enable Customer to download and/or use the purchased Product (including license keys or access details where applicable) will be delivered by PMU to Customer via e-mail to an e-mail address provided by Customer. Customer is responsible for providing PMU with a valid e-mail address for delivery purposes. No shipment is charged by PMU for e-mail delivery.
    2. PMU will use its best efforts to deliver Product purchased by Customer within 2 business days of the order acceptance. PMU shall not be liable for any failure to deliver Product within this timeframe.
  5. TAXES AND DEDUCTIONS
    1. Product prices do not include any national, state or local sales, use, value added or other taxes. Customer shall pay any such taxes, if applicable.
    2. Customer bears sole responsibility for any withholding tax liabilities, and no deductions shall be made by Customer from the amount payable to PMU under any PMU invoice.
    3. Purchases from Australia ("AU") may be subject to Goos and Services Tax (GST). Customers from the AU are responsible for providing a ABN ID, if any.
  6. WITHDRAWAL AND REFUND
    1. PMU provides an opportunity to evaluate any of its Products free of charge during a trial period specified in the applicable end-user license agreement, and encourages Customer to fully evaluate Product prior to purchasing. Customer may withdraw from using Product at its sole discretion anytime before expiration of a free trial period.
    2. Any refund request following the Product purchase date will be subject to the prior authorization by PMU and acceptance of such request shall be at the sole discretion of PMU.
  7. EXPORT CONTROL
    1. In accordance with the U.S. Export Administration Regulations ("EAR"), PMU Products typically:
      1. fall under the Export Control Classification Number (ECCN) 5D002;
      2. may be exported under EAR to most destinations with No License Required ("NLR"). Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, and Syria.
    2. Information provided by PMU under this Section 7 is only intended for general information purposes and should not be construed as legal advice concerning U.S. export control laws and regulations. For details on export restrictions applicable to Products, Customer should refer to the EAR.
  8. MISCELLANEOUS
    1. No terms and conditions other than the terms and conditions contained herein shall be binding upon PMU unless accepted by PMU in writing signed by the duly authorized PMU representative. If Customer's terms and conditions of purchase are different from or in addition to these Purchase Terms, these Purchase Terms shall prevail.
    2. These Purchase Terms and any end-user license agreements or terms of use applicable to Products are subject to change by PMU upon notice on the BPM4Net website at bpm4net.com.

For any questions regarding these Purchase Terms, please contact PMU at:

Email:sales@bpm4net.com

Version 1.0, Revised January, 2015