Purchase Term and Conditions

GENERAL
1. In these Terms and Conditions of Purchase ("Purchase Terms"):
  1. "CUSTOMER" means an individual or a legal entity purchasing PRODUCT.
  2. "CivilARCH" means CivilARCH Software. with its registered office at Unit 14A, Tower II, Pioneer Woodlands Condominium, Pioneer St., Mandaluyon City, ZIP CODE 3300, Philippines, registered at the Chamber of Commerce in Philippines under number 909-240-157.
  3. "PRODUCT" means any CivilARCH software program or service furnished to CUSTOMER subject to the applicable end-user license agreement or terms of use as set forth by CivilARCH.
2. CUSTOMER accepts these Purchase Terms by placing an order for PRODUCT with CivilARCH. Orders placed by CUSTOMER with an external CivilARCH. distributor are subject to terms and conditions of purchase set forth by that distributor.
ORDER PLACEMENT AND ACCEPTANCE
1. CUSTOMER may place an order with CivilARCH. :
  1. online on the CivilARCH. website http://www.civilarch.net/;
  2. by fax or e-mail using the appropriate CivilARCH sales office contact.
2. Order details shall be in English. CUSTOMER can modify order details before acceptance of the CUSTOMER order by CivilARCH. English is the preferred language for order-related enquiries.
3. Any order is not binding upon CivilARCH until accepted by CivilARCH. 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).
PRICES AND PAYMENT TERMS
1. CivilARCH sets prices and accepts payments for its PRODUCTs in the following currency: USD. Prices are subject to change by CivilARCH.
2. CivilARCH accepts major debit and credit cards (collectively, "payment cards"). CivilARCH 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. CivilARCH only accepts purchase orders from existing corporate CUSTOMERs with clear payment history. Purchase orders can only be paid by wire transfer or cheque on net 30 days terms. Purchase orders from newly registered corporate CUSTOMERs and offline orders from individual CUSTOMERs are subject to advance payment by wire transfer.
PRODUCT DELIVERY
1. CivilARCH 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 CivilARCH to CUSTOMER via e-mail to an e-mail address provided by CUSTOMER. CUSTOMER is responsible for providing CivilARCH with a valid e-mail address for delivery purposes. No shipment is charged by CivilARCH for e-mail delivery.
2. CivilARCH will use its best efforts to deliver PRODUCT purchased by CUSTOMER within 2 business days of the order acceptance. CivilARCH shall not be liable for any failure to deliver PRODUCT within this timeframe.
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 CivilARCH under any CivilARCH invoice.
3. Purchases from the European Union ("EU") countries may be subject to the EU value added tax. CUSTOMERs from the EU are responsible for providing a valid VAT ID, if any.
WITHDRAWAL AND REFUND
1. CivilARCH 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 CivilARCH and acceptance of such request shall be at the sole discretion of CivilARCH.
EXPORT CONTROL
1. In accordance with the U.S. Export Administration Regulations ("EAR"), CivilARCH 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 CivilARCH 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.
MISCELLANEOUS
1. No terms and conditions other than the terms and conditions contained herein shall be binding upon CivilARCH unless accepted by CivilARCH in writing signed by the duly authorized CivilARCH 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 CivilARCH upon notice on the CivilARCH website at http://www.civilarch.net/.

For any questions regarding these Purchase Terms, please contact CivilARCH Software S.a.s. at:

Address: Unit 14A, Tower II, Pioneer Woodlands Condominium, Pioneer St., Mandaluyon City, ZIP CODE 1554, Philippines
Fax: +63782620865
E-mail: sales@civilarch.net

Version 1.1, Revised Jan 23, 2017