Terms and Conditions – MCG Software

We offer non-exclusive limited license to use plugins (the Product) via our website (https://mcdonnell.nz) by McDonnell Wellington Ltd, trading as McDonnell Consulting Group or MCG Software (“MCG”) in accordance with these Terms & Conditions (Licence) issued by our company.

Definitions and Interpretations
1. Customer means the purchaser of the Subscription.Product means the WordPress plugin and includes Product Support for current License holders.Product Support means upgrades, updates, and support.Subscription means a licence (plugin/ licence key) to use the Product for the Term.Term means the duration of the Subscription (e.g. one (1) year from date of purchase).Specified Level of Use means the specified level at which the Licensee is authorised to execute or run the Software as purchased by the Customer. That level may be measured by the number of users, processing value, or other level of use specified by the MCG.Subscription Renewal means the purchase of the right to extend the Term of the Subscription for a specified Term (e.g. one (1) year from the date of renewal).Words referring to the singular include the plural and vice versa.
Plugin Licensing
1. The plugins are licensed under the GNU general public license (http://www.gnu.org/licenses/gpl-3.0.txt).
Plugin Licenses
1. The Subscription entitles the customer to receive the Product and Product Support, provided at our discretion, for Term of the Subscription.
2. The Product may be changed by MCG at any time.
3. The Customer is not permitted to use the Product more than Specified Level of Use.
4. The Customer cannot distribute, sell, assign, or otherwise give third parties access to the Subscription to the Product. The Product is intended to be used on the Customer’s website. You may use the Product on your third party client’s site in situations where you maintain an ongoing commercial relationship with your third party client . For the avoidance of doubt, if you provide access to your Subscription to your third party client for use on their site and you later stop providing services to your third party client, then that party must purchase a Subscription from MCG in order to continue receiving Product Support.
5. Providing our Product as a service or providing our Product as part of a web hosting solution does not constitute an ongoing client/consultant relationship under these terms. (For example: If you are acting as a WordPress developer/designer/integrator, then you may use your Subscription on behalf of your clients. But a web host cannot use a one Subscription to provide automatic updates to all their web hosting clients.)
Support and Automatic Upgrades
1. MCG offers the Product “as is” and with no implied warranty that it will function exactly as you would like or that it will be compatible with any third-party components and / or plugins. We do not support WordPress or other WordPress plugins developed by third parties.
2. Custom development or design of the Product is not included with the purchase of a Subscription.
3. Upgrades and support (Product Support) are available to Customers who purchased the Subscription for the Term.
4. Automatic Upgrades are available to Customers who have a current Subscription.
5. You may not share, assign, or resell access to your Subscription.
Exclusions From License Grant.
1. Neither the names of MCG, nor any of their trademarks or service marks, may be used to endorse or promote products derived from the Product without express prior written permission of the MCG. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of MCG except as expressly stated herein.
Disclaimer of Warranty and Limitation of Liability.
1. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall MCG be liable to any person for any direct, indirect, special, incidental, or consequential damages or injury of any character arising as a result of this License or the use of the Product including, without limitation, damages for loss of goodwill, work stoppage, computer failure, cyber security breach, malfunction, or any and all other commercial damages or losses.
2. The products provided by MCG are offered “as is” without any express or implied warranties, including but not limited to the warranties of merchantability, fitness for any particular purpose, non-infringement, compatibility, security, accuracy, or reliability.
3. In no event shall MCG be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use or inability to use the Product, even if MCG has been advised of the possibility of such damages. The Customer’s sole and exclusive remedy for any claim or dispute with MCG is to stop using the Product.
4. MCG gives no warranty that the Product will be error-free, uninterrupted, free from unauthorized access, or that they will meet your requirements or expectations.
5. MCG is not responsible for any data loss, corruption, or breach that might occur as a result of using the Product. You are solely responsible for backing up their data and protecting your site from viruses, malware, or other harmful effects.
Site Content
1. All site content, including imagery and documentation that is published on our website is the property of MCG. Any replicated site content must be authorized in writing by MCG in advance. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of MCG.
Refunds
1. If you have problems getting the Product to operate in your particular use case, we offer a full refund within 30 days from the date of purchase. After 30 days, no refunds will be given. Payment for a Subscription Renewal will not be refunded.
Transactional Emails
1. MCG may on occasion send you email notifications related to your support license(s). These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to your purchase of our Product. By purchasing a Subscription, you agree to receive these transactional emails from us.
Account Suspension
1. MCG reserves the right, at any time, to modify or discontinue, temporarily or permanently, a Subscription with or without notice, where the Customer is in breach of this Licence or terms of that Customer’s Subscription. If an account and or subscription is cancelled or suspended, pursuant to this clause, no refund will be provided.
Requirements
1. The Product is designed to function on a fresh installation of WordPress that meets the minimum system requirements as specified on the relevant product page or documentation.
2. We provide no warranty as to the Products compatibility with third party plugins, products, themes or with web browsers.
3. We are not responsible for any plugin or theme compatibility conflicts that may occur. It is our policy to provide Product Support where possible.
4. We may provide support for third party plugin conflicts at our absolute discretion.
Pricing/Billing
1. We reserve the right to change pricing at any time for any reason.
2. We reserve the right to not honour typographical errors which may cause incorrect pricing on the website.
Publicity Right
1. Notwithstanding clause 14, you give us permission to a royalty-free license to list or display your trademarked name(s) and logos on the MCG website and/or public client roster.
2. The Customer authorises MCG to identify the customer’s logo and a summary of services provided by MCG to you.
Privacy
1. We will not sell or share Customer’s personal data with third parties. All data we collect will be used for internal and business operational purposes.
  
  View our full privacy policy.
General
1. The preceding terms & conditions govern the sale of our Products between you and MCG. You acknowledge that you have read, understood, and agree with the above terms & conditions. Please notify us prior to placing an order if you disagree with any of our terms & conditions. We reserve the right to alter these terms and conditions at our absolute discretion from time to time.
2. This License is governed by and construed according to the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of that jurisdiction in respect of any dispute or proceeding arising out of this agreement.
3. The parties unconditionally and irrevocably waive their rights to object that New Zealand courts are not the most suitable forum for all parties’ interests and the ends of justice in proceedings related to this agreement.

May 19, 2023