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Terms of Sale

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Updated: 2024, 3rd of September

General

SPH Engineering, SIA is a company registered in the Republic of Latvia (registration number 50103629321) with its registered seat at Dzirnavu street 62-9, Riga, LV1050, Latvia (“SPH Engineering”) and a customer (the “Customer”) have entered or are about to enter into a contractual relationship (the “Relationship“) for the supply of certain services and products (the “Product(s)“) available on the online shop https://shop.sphengineering.com ("shop.sphengineering.com") managed by SPH Engineering.

How services are provided for customers residing in the Republic of Latvia

 - Customers from Latvia are served via email / phone services. To get information about services and product in Latvian and receive a Quote, please send your request to support@sphengineering.com.
 

Payment options

The payment methods accepted by shop.sphengineering.com are those mentioned on the Website or in the Invoice or Quotation.

  1. Payment with a payment card, Wallet or Bank direct
    Depending on your location the Stripe acquirer enables the option to make the payment with cards like Visa, Mastercard, American Express and China UnionPay and Apple Pay, Google Pay. 
    ! Card data is not gathered nor stored on shop.sphengineering.com by SPH Engineering.
  2. Payment via PayPal
    After the choice of product to be purchased Customer is transferred to PayPal to finalize the card payment transaction. PayPal data is not gathered nor stored on shop.sphengineering.com.
  3. Payment by wire transfer
    To pay by wire transfer send an email to support@sphengineering.com to receive an Invoice issued by SPH Engineering. 

 

Taxes

All prices on shop.sphengineering.com are stated without Taxes/VAT.

If SPH Engineering has the legal obligation to pay or collect Taxes for which the Customer is responsible, the appropriate amount shall be invoiced to and paid by the Customer.

If the Customer provides a valid EU-VAT registration number into the Cart form on shop.sphengineering.com, the VAT will not be charged (0%). To check the validity of EU-VAT visit http://ec.europa.eu/taxation_customs/vies/

To add a valid EU VAT ID, check the "Are you based in the EU and VAT registered?" checkbox and enter email and full EU VAT ID with country code.

For Subscriptions
if the applicable VAT rate (or other included tax or duty) changes during the contract term, the tax-inclusive price will adjust accordingly.

 

Terms of Sale | UgCS: Flight Planning and Control

UgCS License Purchase Agreement Types

UgCS

There are possible two Agreement Types for UgCS software license codes:

  1. UgCS Perpetual - a lifetime license for a one-time payment
  2. UgCS Subscription - a license valid depending on the billing cycle: monthly or annually.
     

1. UgCS Perpetual license and Annual Support&Update pack

UgCS perpetual license is a lifetime license giving the Customer the opportunity to get a license for a one-time payment.

When buying an UgCS perpetual license the Support and Updates are included for the first usage year.

Starting the second year from UgCS license first activation the Annual Support&Update period shall be prolonged to be able to:

  • Update to the latest version of UgCS
  • Have access to UgCS Support - 5x8 by e-mail or phone.

The Annual Support&Update pack has to be purchased for every year starting the second year. The Customer can extend the UgCS Support & Update period for one year by visiting the Annual Support&Update pack's purchase page and entering Customer's UgCS license activation code.

If the Customer chooses not to prolong the Annual Support&Update pack, the last installed UgCS during a valid Annual Support&Update pack will remain fully functional, but with no further support or updates.

2. UgCS Subscriptions

UgCS Subscription enables the user to use the full functionality of the UgCS license being billed monthly or annually the amount stated during the purchase.

Subscriptions may include a TRIAL period.

  • Upon successful creation of the Subscription Customer will receive a UgCS license code which will be active for the TRIAL period.
  • A subscription with TRIAL period is an active subscription - if not cancelled during the TRIAL period or before any upcoming payment, then billing will be activated.
  • Past subscriptions are not refundable!
  • SPH Engineering reserves the right to terminate the TRIAL period at any time, without any explanation or prior notice to the Customer.

Subscription begins as soon as the Customer's initial payment is processed. The Customer will be charged every month or every year the rate stated at the time of purchase until canceled.

The Customer's contract is valid until Customer cancels the subscription = unsubscribes.
 

UgCS Subscription Cancellation - Unsubscribing

!!!N.B. Deactivating the license code in UgCS software doesn't mean that you have cancelled the financial subscription agreement! 

To Unsubscribe (i.e. Cancel further payments) can be done at any time by:

  • clicking on the Unsubscribe link provided in the purchase notification email
  • creating an account at https://shop.sphengineering.com/ with the same e-mail address used during the purchase
  • sending a request to support@sphengineering.com from the e-mail associated with the purchase.

For subscriptions without a TRIAL period:

  • If the Customer unsubscribes after a monthly payment has been charged - the future automatic charge to Customer's payment method will be stopped but the validity of Customer's UgCS license code will remain till the end of the successfully paid period - the period stated in the Invoice.

For subscriptions with a TRIAL period:

  • If the Customer unsubscribes during the TRIAL period no charge/payment will be made.
  • If the Customer unsubscribes after a monthly payment has been charged - the future automatic charge to Customer's payment method will be stopped but the validity of Customer's UgCS license code will remain till the end of the successfully paid period - the period stated in the Invoice.

Subscriptions are not refundable!
 

Delivery UgCS

  1. UgCS Perpetual
    • If paid with a payment card or PayPal - the delivery of a license activation code will be done right after successful payment to the customer's email address associated with the payment method. Customer will receive 2 emails: one containing the license activation code, second - with purchase Invoice.
    • If paid via wire transfer - the license activation code will be provided after the payment is booked in SPH Engineering’s bank account.
  2. UgCS Annual Support&Update pack
    • If paid with a payment card or PayPal - the Annual Support&Update period will be automatically extended for 365 days and an email notification with Purchase Invoice (PDF attachment) will be sent right after successful payment to the customer's email address associated with the payment method.
    • If paid via wire transfer - the license Annual Support&Update period will be extended for 365 days by UgCS Team after the payment is booked in SPH Engineering’s bank account.
  3. UgCS Subscription
    • If paid with a payment card or PayPal - the license activation code will be delivered to the Customer's email address associated with the payment method right after the Subscription is activated. The Customer will receive 3 emails: 
      • a subscription activation notification
      • email with the UgCS license activation code
      • email with the payment invoice (except if subscription has TRIAL period)
    • For subscription with TRIAL period: the first payment will be charged upon the ending of the TRIAL period - as soon as the payment is processed the validity of the UgCS license code will be extended for one month/one year. After the successful payment, an email notification and Purchase Invoice (PDF attachment) will be delivered to the Customer's email address associated with the payment method.
    • Before each following monthly/annual recurring payments, the Customer will be notified 3 days before the upcoming payment and Customer's subscription will renew automatically until the Customer cancels the subscription = unsubscribes.
    • After each successful recurring payment, the validity of the UgCS code will be automatically extended for 1 month/1 year and an email notification and also Purchase Invoice (PDF attachment) will be sent to the customer's email address associated with the payment method.
    • If the payment will be with no success - The Customer will receive a notification email and the validity of the UgCS code will not be extended. The Customer is obliged to take action and to check the used payment option's balance and validity. If paid with a payment card - the system will check the possibility of the payment 3 times each in 72 hours. After this period the UgCS code will be blocked for future use. Customers can apply for a new subscription on UgCS pricing page.
  4. Physical goods
      • The delivery of physical goods will be initiated after the payment is booked in SPH Engineering’s payment gateway / bank account.
      • The physical goods are delivered to the address provided by the customer according to the Incoterms CIP terms. Customs duties, import taxes, and other formalities are the responsibility of the customer.
      • To check the status of your order - create an account at https://shop.sphengineering.com/ with the same e-mail address used during the purchase or send an email to shop@sphengineering.com.

       

      UgCS End-User License Agreement

      The Customer should read the End-User License Agreement (EULA) carefully. By purchasing, installing and/or otherwise using all or any part of the software purchased on shop.sphengineering.com as defined in the EULA the Customer accepts and undertakes to be bound by all the terms and conditions of the EULA. If the Customer does not agree to EULA, do not use the software.
       

      Refund

      1. The UgCS Subscription is non-refundable. 
      2. The refunds of UgCS Perpetual license purchase will be negotiated on a case-by-case basis if the request is sent within 2 weeks after purchase to support@sphengineering.com providing information to identify the purchase: invoice number, transaction id, customer's details (name, surname, email address) or UgCS license code.

       

      Terms of Sale | Integrated Systems

      Product Warranty, Limited Remedy and Limited Liability

      Warranty covers products purchased directly from SPH Engineering or official resellers only. List of official SPH Engineering's resellers is published on website »»»

      SPH Engineering warrants the PRODUCT to be free from defect in material and workmanship under normal use for a period of one year (365 days) from the date of shipment. Any third-party computer systems or other items not manufactured directly by SPH Engineering purchased with any PRODUCT or independently from SPH Engineering are subject to the original manufacturer's warranty and are not the responsibility of SPH Engineering, SPH Engineering makes no other warranties including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. Warranty doesn't cover any mechanical damages and also the equipment with signs of thermal/water/chemical damages. For repairs, it is necessary to send the equipment to Riga, Latvia. Warranty doesn't cover the cost of transportation and repair or replacement time is not included into delivery time.

      Except where prohibited by law, SPH Engineering will not be liable for any loss or damage arising from this SPH Engineering product, whether direct, indirect, special, incidental or consequential regardless of the legal theory asserted.

      All statements, technical information, and recommendations related to SPH Engineering products are based on information believed to be reliable, but the accuracy or completeness is not guaranteed. Before using this product, it must be evaluated and determined whether it is suitable for the intended application. The owner of the PRODUCT assumes all risks and liability associated with such use. Any statements related to the product, which are not contained in SPH Engineering current publications, or any contrary statements contained on your purchase order shall have no force or effect unless expressly agreed upon, in writing, by an authorized officer of SPH Engineering.

      The entire risk as to the results and performance of the PRODUCT is assumed by the owner of the PRODUCT. If the PRODUCT used improperly, the owner of the PRODUCT, and not SPH Engineering or its dealers, distributors, agents, or employees, assume the entire cost of all necessary servicing, repair or correction.

      SPH Engineering's entire liability and the owner of the PRODUCT exclusive remedy for the PRODUCT shall be the following:

      1. The replacement of any hardware components which do not meet SPH Engineering's Limited Warranty and which are returned to SPH Engineering postage prepaid with a copy of the receipt.
      2. If failure of any PRODUCT resulted from the use of custom cables or sensors not provided or tested by SPH Engineering or from cabling of a powered-on system, SPH Engineering shall have no responsibility to replace or repair the HARDWARE PRODUCT.
      3. If failure of any PRODUCT resulted from accident, abuse or misapplication, SPH Engineering shall have no responsibility to replace or repair the HARDWARE PRODUCT.
      4. The replacement of any hardware components repair / replacement takes a period of up to 45 days. This not includes the shipment repaired unit back to CUSTOMER.
      5. Warranty case is considered when the PRODUCT does not work in accordance with the documentation. When the PRODUCT does not work as expected by the user, that is not a warranty case.

      Do not tamper with any PRODUCT. PRODUCT contains no user-serviceable parts. If tampering is evident in SPH Engineering’s opinion, warranty is null and void. No oral or written information or advice given by SPH Engineering, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty. Neither SPH Engineering, nor anyone else who has been involved in the creation, production or delivery of the PRODUCT shall be liable for any direct, indirect, special, exemplary, incidental or consequential damages, claims or actions including lost information, lost profits, or other damages arising out of the use or inability to use this PRODUCT even if SPH Engineering has been advised of the possibility of such damages. This warranty gives the owner of the PRODUCT specific rights. The owner of the PRODUCT may have other rights which vary from province to province, territory to territory and certain limitations contained in this limited warranty may not apply to the owner of the PRODUCT.

      Terms of Sales for UgCS software license

      Terms of Sales for UgCS licenses are published on shop.sphengineering.com/pages/terms-of-sale, paragraph Terms of Sale | UgCS: Flight Planning and Control
       

      UgCS End User License Agreement (EULA)

      The Customer should read the UgCS End-User License Agreement carefully. By purchasing, installing and/or otherwise using all or any part of the software purchased on shop.sphengineering.com as defined in the EULA the Customer accepts and undertakes to be bound by all the terms and conditions of the EULA. If the Customer does not agree to EULA, do not use the software.

       

      Terms of Sale | Drone Show Animations

      1. Drone Show Animation License and Rights:
      Upon Drone Show Animation purchase SPH Engineering grants You a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Drone Show Animation as provided herein, solely for using the Software in accordance with its documentation (“License”).

      2. Restrictions:
      Without limiting the generality of the foregoing, You will use the Drone Show Animation only for purposes set forth herein, and, further, You expressly agree that You DO NOT have rights to:

      • own or transfer the title to the Drone Show Animation to another party;
      • distribute, sublicense, or otherwise provide copies or any rights in relation to the Drone Show Animation to other third parties;
      • pledge, hypothecate, alienate, or otherwise encumber the Drone Show Animation to any third party;
      • modify, enhance, reverse-engineer, decompile, disassemble, or create substantially derived forms of the Drone Show Animation.

      3. Drone Show Animation’s term of use:
      o License shall remain in effect for three (3) months;
      o SPH Engineering may, upon written notice to the licensee, revoke License for breach of terms and conditions of this Agreement;
      o Upon expiration or revoke of the License, the Customer shall cease using and destroy all copies of the Drone Show Animation.

      4. Intellectual property rights:
      All rights, title and interest in the Drone Show Animation remain the exclusive property of SPH Engineering. Customer acknowledges that no ownership or rights of the Drone Show Animation is transferred to the Customer under this Agreement.

      5. Refund:
      The Drone Show Animation is not refundable under any circumstances.
       

      Legal and contact information

      Company Name: SIA “SPH Engineering”, registration number 50103629321, official (legal) address: Dzirnavu street 62-9, Riga, LV1050, Latvia. Contact details of our representative: Janis Kuze, Director of Special Projects, +371 25453422, shop@sphengineering.com.