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Purchase Terms

GENERAL

In these Terms and Conditions of Purchase (“Purchase Terms”):

1. “Affiliate” means any entity that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control of such party; ‘control’ for such purposes means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract or otherwise.

2. “Billing Agent” means an individual or a legal entity appointed by Customer to pay for Customer’s orders on its behalf.

3. “Customer” means an individual or a legal entity purchasing Product and/or Plugin directly from FastTrek.

4. “Individual Consumer” means an individual who purchases FastTrek Products and/or Plugins, or is otherwise in a contractual relationship or deals with FastTrek in relation to FastTrek Products and/or Plugins outside the scope of their trade, business, craft or profession.

5. “FastTrek” means FastTrek LLP, registered in England and Wales no. OC448350, with its office at 14 Acorn Place, Castleton, Cardiff, CF3 2WE, United Kingdom.

6. “Product” means any software program or service made available by FastTrek, unless otherwise expressly stated in these Purchase Terms. The use of Product by Customer is governed by the applicable Terms of Use.

7. “Plugin” means any plugin, extension, or other software designed to work with Product.

8. “FastTrek Website” or “Site” means any website that is the property of FastTrek including but not limited to everything hosted under https://fasttrek.space

9. “Terms of Use” mean the terms and conditions of end-user license agreement, subscription terms, terms of service, or other standard customer agreements set forth by FastTrek and applicable to Product or Plugin in addition to these Purchase Terms.

11. “Privacy Policy” means the FastTrek Privacy Policy available at /privacy/, which may be updated from time to time.

12. “Personal data” means any information relating to an identified or identifiable natural person.

Customer accepts these Purchase Terms by placing an order for Product or Plugin with FastTrek.

ORDER PLACEMENT AND ACCEPTANCE

Customer may place an order with FastTrek online by using the FastTrek Website.

Order details shall be in English. Customer can modify order details before acceptance of Customer’s order by FastTrek by submitting a written notice to FastTrek. English is the preferred language for order-related enquiries.

Any order is not binding upon FastTrek until accepted by FastTrek. 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 email 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 or Plugin purchase options restricted to particular users or purpose of use); or
  5. for any reason at the sole discretion of FastTrek.

Any additional or conflicting terms on an order will not apply unless specifically agreed to in a separate written agreement signed by FastTrek.

PRICES AND PAYMENT TERMS

These terms apply to Products and Plugins that are offered to Customer in return for a fee paid to FastTrek (“Paid Plugin”). In relation to Plugins developed by a third-party developer (“Developer”), additional terms agreed between the Developer and Customer may apply.

FastTrek, at its sole discretion, sets the prices for Products and Paid Plugins in one of the following currencies depending on Customer’s country: USD, EUR, GBP.

FastTrek accepts major debit and credit cards (collectively, “Payment cards”) for online orders via third-party payment gateway providers, including, but not limited to, Stripe and PayPal. FastTrek is not responsible for any (i) payment failure resulting from inaccurate payment card details provided by Customer when placing an online order, (ii) any restrictions applicable to payment card by Customer’s bank or payment service provider, (iii) payment gateway failure, or (iv) misuse, abuse, unauthorized use, or fraudulent use of Payment cards.

In relation to payment by card or any other form of payment agreed in writing with FastTrek on a monthly, annual, or any other basis (“Recurring Payments”), by purchasing Product or a Plugin requiring regular payments, Customer authorizes FastTrek to charge Customer’s payment card automatically at the interval and in the amount selected by Customer based on the available options during the purchase process. Customer agrees that the payment card specified by Customer for Recurring Payments is, and will continue to be, an account that Customer owns or is otherwise legally authorized to use, and that Customer will maintain sufficient availability under Customer’s credit card limit, or sufficient funds in the account linked to Customer’s debit card, as applicable, to make Recurring Payments. Customer can cancel Recurring Payments at any time via the billing dashboard prior to the next Recurring Payment due date. If Customer cancels Recurring Payments after this time, the cancellation will not take effect until the following Recurring Payment due date, and no refund or partial refund will be issued to Customer by FastTrek.

In selected countries and territories, Customer may choose to appoint a Billing Agent to pay for orders placed by Customer, on its behalf. In such case, Customer remains FastTrek’s sole contractual counterparty, with rights and obligations as set out in these Purchase Terms and applicable Terms of Use.

PRODUCT DELIVERY

FastTrek ships no physical Products or Plugins. Any details necessary to enable Customer to download and/or use the purchased Product or Plugin will be delivered by FastTrek to Customer via email to the email address provided by Customer (and, in the case of Plugins, also made available to Customer via FastTrek’s Website). Customer is responsible for providing FastTrek with a valid email address for delivery purposes.

Should FastTrek’s Products not be delivered immediately, upon being notified by the customer of the delay, FastTrek will use its commercially reasonable efforts to deliver Product or a Plugin purchased by Customer within 2 business days of such notification by Customer, unless otherwise provided by any agreement between FastTrek and Customer. FastTrek shall not be liable for any failure to deliver Product or Plugin within this timeframe.

Products or Plugins shall be deemed delivered to Customer immediately or on the date when FastTrek sends a Product or a Plugin email to the email address provided by Customer. FastTrek shall not be liable for any failure to deliver Product or a Plugin to Customer due to non-delivery of an email message concerning Product or a Plugin.

TAXES AND DEDUCTIONS

Product and Plugin prices do not include any national, state, or local sales tax, use tax, value added tax (VAT), goods and sales tax (GST), digital services tax (DST), or other tax (“Local Tax”).

If a purchase is subject to any Local Tax, that Local Tax can be added to the invoice.

Also, FastTrek reserves the right to use any global service provider as its commissionaire to invoice Customer. Notwithstanding the foregoing, FastTrek remains Customer’s counterparty and no other provisions of these Purchase Terms shall be affected.

If there is a possibility to issue the invoice without Local Tax, Customer is obliged to provide FastTrek with a valid Local Tax number (e.g. VAT ID) or valid exemption documentation.

Customer bears the sole responsibility for any withholding tax liabilities, and no deductions shall be made by Customer from the amount payable to FastTrek or global service provider (as applicable) under any invoice.

Any correction to an invoice for tax reasons (in particular based on the provision of Customer’s Local Tax number) shall be requested by Customer by the 7th day of the month following the month when the affected invoice was issued, at the latest. FastTrek reserves the right to request any supporting document relating to the requested correction and/or reject any such request if received after this date.

TEMPORARY SUSPENSION FOR NON-PAYMENT

If Customer fails to pay any amount on time under these Purchase Terms and the applicable Terms of Use, or any other agreements Customer entered into with FastTrek, FastTrek reserves the right to, at its sole discretion, suspend Customer’s access to all of FastTrek’s Products and/or Plugins until such time as FastTrek is satisfied that all payments have been made or terminate the Terms of Use, in the manner specified in the applicable Terms of Use.

If FastTrek suspends Customer’s access to FastTrek’s Products and/or Plugins for any failure to, or delay in, payment of any amount, Customer must pay the entire outstanding amount in order to restore its access to FastTrek’s Products and/or Plugins. During any period of suspension, Customer hereby agrees that FastTrek is entitled to charge Customer for the entire period for which Customer has placed an order for subscription to FastTrek Products and/or Plugins.

REFUND, WITHDRAWAL AND SUPPORT

Any refund request following the Product or Plugin purchase date will be subject to prior authorization by FastTrek, and acceptance of such a request shall be at the sole discretion of FastTrek, unless otherwise provided by applicable law.

Any Customer in the position of an Individual Consumer has the statutory right to withdraw from the Product or Plugin purchase contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of purchase (the day of conclusion of the contract). To exercise the right of withdrawal, Customer must inform FastTrek of the decision to withdraw from the purchase by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

To meet the withdrawal deadline, it is sufficient to send the communication concerning exercise of the right of withdrawal before the withdrawal period has expired. FastTrek shall reimburse to Customer in the position of an Individual Customer all payments received, including the costs of delivery (with the exception of the supplementary costs resulting from such Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by FastTrek), without undue delay and in any event not later than 14 days from the day on which FastTrek is informed about the decision to withdraw from the purchase. FastTrek will carry out such reimbursement using the same means of payment as the particular Customer used for the initial transaction, unless such a Customer has expressly agreed otherwise; in any event, Customer will not incur any fees as a result of such reimbursement.

Where FastTrek and Customer agree to begin performing the contract before the expiry of the withdrawal deadline, the statutory withdrawal right no longer applies.

For the avoidance of doubt, activating a Downloadable Software Product or Plugin, by entering license details when prompted, shall constitute performance of the contract and waiver of Customer of their statutory right of withdrawal.

If a Product and/or Plugin shows any defects or does not function properly when used as documented, Customer may contact FastTrek here: [email protected]

Any Customer in the position of an Individual Consumer has the right to request:

  1. that any defect be removed without undue delay free of charge;
  2. if the removal is not possible, an appropriate discount corresponding to the actual malfunction of the Product and/or Plugin.

The above Individual Consumer rights are applicable only in respect to any defects or malfunctions existing at the time of the Product and/or Plugin purchase, even if apparent later. Customer in the position of an Individual Consumer is entitled to assert their rights arising from a defect within twenty-four months of the purchase. If a defect occurs within six months, the Product and/or Plugin is presumed to have already been defective upon purchase.

EXPORT CONTROL

Customer shall comply with all applicable laws and regulations with regards to economic sanctions; export controls, import regulations and trade embargoes (collectively “Export Control Laws”), including those of the European Union and United States). Customer acknowledges that it is not an entity targeted by Export Control Laws nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Export Control Laws. Further, Customer agrees to ensure that neither FastTrek Products and/or Plugins, nor any related technical information, are:

  1. Downloaded, transferred, exported, or re-exported directly or indirectly in violation of Export Control Laws; or
  2. Used for any purpose prohibited by Export Control Laws, including but not limited to nuclear, chemical, or biological weapons proliferation; or
  3. exported to restricted and/or embargoed destinations (including, but are not limited to, Cuba, Iran, North Korea, Syria, Crimea region and territories of the so-called Donetsk or Luhansk People’s Republics,or Annexed territories of Ukraine – such as Kherson and Zaporozhye regions), prohibited end-user(s); and/or
  4. participate in prohibited end-use and/or proliferation activities.

FastTrek will not be liable to Customer for any failure to provide Product and/or Plugin, as a result of any government action that FastTrek reasonably believes may adversely impact its obligations under these Purchase Terms, its business, or its reputation.

MISCELLANEOUS

No terms and conditions other than the terms and conditions contained herein shall be binding upon FastTrek, unless explicitly accepted by FastTrek in writing and signed by a duly authorized representative of FastTrek. If Customer’s terms and conditions of purchase are different from, or are in addition to, these Purchase Terms, these Purchase Terms shall prevail and Customer’s terms are hereby rejected, unless otherwise explicitly agreed in writing with FastTrek.

These Purchase Terms are subject to change at any time by FastTrek by posting the updated Purchase Terms on the FastTrek Website.

Customer declares having had sufficient opportunity to review these Purchase Terms, understood the content of all of their clauses, and sought independent professional legal advice in that respect, before accepting these Purchase Terms. Consequently, any statutory “form contracts” (“adhesion contracts”) regulations shall not be applicable to these Purchase Terms.

Nothing in this Purchase Terms limits any rights Customer in the position of an Individual Consumer might have under applicable consumer protection laws.

These Purchase Terms shall be governed by the laws of the United Kingdom, and the parties agree that the Courts of England and Wales shall have exclusive jurisdiction over any disputes or matters arising out of or in connection with these Purchase Terms, unless provided otherwise by applicable consumer law.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Purchase Terms.

FastTrek reserves the right (and Customer grants its consent with it) to assign or otherwise transfer the agreement based on these Purchase Terms or any rights or obligations under this Purchase Terms, in whole or in part, without further Customer’s consent to any FastTrek Affiliate. If the foregoing is in breach of applicable consumer laws, Individual Consumers have the right to terminate their contract with FastTrek.

PERSONAL DATA

In connection with purchase of Products and Plugins by Customer, FastTrek and FastTrek Affiliates will process Customer’s Personal Data, in particular, Customer’s contact and identification details and information about Customer’s subscription and payments, for the following purposes:

  1. To provide Customer with software services or information;
  2. To protect FastTrek from piracy and unlawful use of JetBrains software or services;
  3. To improve FastTrek offerings based on usage;
  4. For internal evidence of FastTrek and to protect the rights and interests of JetBrains and other users;
  5. To promote and market FastTrek software and services to the Customer; and
  6. To fulfill legal duties stipulated by accounting, taxation, and other laws.
  7. Customer may object to processing of Customer’s Personal Data for the purposes 2 to 5 above at any time. More detailed information about personal data processing for the above mentioned purposes and about Customer’s rights can be found in the Privacy Policy.

For the above purposes, FastTrek may process information including but not limited to Customer’s name, email address, username, physical address, telephone number, payment data, company name, and tax identification number where applicable. To receive the software, support, and services, Customer explicitly fills in their Personal Data, whether Customer purchases a FastTrek Downloadable Software Product or a Plugin, or FastTrek Software as a Service.

FastTrek products and services often give Customer the option to provide feedback, such as suggestions, compliments, or problems encountered. FastTrek invites Customer to provide such feedback as well as to post comments on FastTrek website, blogs, and discussion forums.

Transfer of Personal Data to third parties: FastTrek is responsible for the handling of Customer’s Personal Data by such third party. The transfer is made to assist it in providing its services to Customer or in its operations; to do so, FastTrek may send them Customer’s Personal Data. Personal Data collected from Customer is transferred to:

  1. A third-party payment provider to process payment transactions;
  2. A third-party cloud accounting service;
  3. Other representatives of the same Customer; or
  4. A third-party Plugin vendor.

FastTrek may communicate with Customers by sending them emails aiming to help avoid interruption of a service. Such examples include but are not limited to:

  1. payment reminders;
  2. debt reminders;
  3. license expiration reminders;
  4. license delivery and confirmation emails;
  5. credit card expiration reminders about cards saved for automatic payments for licenses;
  6. purchase follow-ups requesting information about Customer’s company for enhancement of customer service;
  7. license assignment emails;
  8. administrator invitation emails; and
  9. purchase administration requests.

For any questions regarding these Purchase Terms, please contact us at [email protected].