Company

Terms and Conditions of Purchase

  1. GENERAL
    1. In these Terms and Conditions of Purchase ("Purchase Terms"):
      1. "Customer" means an individual or a legal entity purchasing Product.
      2. JetBrains" means JetBrains s.r.o. with its registered office at Na hřebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275.
      3. "Product" means any JetBrains software program or service furnished to Customer subject to the applicable end-user license agreement or terms of use as set forth by JetBrains.
    2. Customer accepts these Purchase Terms by placing an order for Product with JetBrains. Orders placed by Customer with an external JetBrains 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 JetBrains:
      1. online on the JetBrains website www.jetbrains.com;
      2. by fax or e-mail using the appropriate JetBrains sales office contact.
    2. Order details shall be in English. Customer can modify order details before acceptance of the Customer order by JetBrains. English is the preferred language for order-related enquiries.
    3. Any order is not binding upon JetBrains until accepted by JetBrains. 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. JetBrains sets prices and accepts payments for its Products in one of the following major currencies depending on the Customer country: USD, EUR, GBP or CZK. Prices in any currency are subject to change by JetBrains.
    2. JetBrains accepts major debit and credit cards (collectively, "payment cards") for online orders via third-party payment gateway providers, including, but not limited to, Element 5, PayPal and GP Webpay. JetBrains 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. By purchasing Product requiring regular payments on a monthly, quarterly or annual basis ("recurring payments"), Customer authorizes JetBrains 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 to JetBrains is, and will continue to be, an account that Customer owns, 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 pay recurring payments. Customer can cancel recurring payments by contacting JetBrains at least five (5) business days prior to your next recurring payment due date. If Customer submits cancellation request after this time, the cancellation will not take effect until the following recurring payment due date.
    4. JetBrains 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.
  4. PRODUCT DELIVERY
    1. JetBrains 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 JetBrains to Customer via e-mail to an e-mail address provided by Customer. Customer is responsible for providing JetBrains with a valid e-mail address for delivery purposes. No shipment is charged by JetBrains for e-mail delivery.
    2. JetBrains will use its best efforts to deliver Product purchased by Customer within 2 business days of the order acceptance. JetBrains 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 JetBrains under any JetBrains 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.
  6. WITHDRAWAL AND REFUND
    1. JetBrains 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 JetBrains and acceptance of such request shall be at the sole discretion of JetBrains.
  7. EXPORT CONTROL
    1. In accordance with the U.S. Export Administration Regulations ("EAR"), JetBrains Products typically:
      1. fall under the Export Control Classification Number (ECCN) 5D002;
      2. b. 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 JetBrains 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 JetBrains unless accepted by JetBrains in writing signed by the duly authorized JetBrains 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 JetBrains upon notice on the JetBrains website at www.jetbrains.com.

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

Address: Kavčí Hory Office Park, Na hřebenech II 1718/10, Praha 4 — Nusle — 147 00, Czech Republic
Fax: +420 241 722 540
E-mail: sales@jetbrains.com