Terms and Conditions (“Agreement”)

This Agreement was last modified on April 25th, 2019.

Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using http://www.xlay.vision (“the Site”)
operated by VMS – Visual Media Solutions (“VMS”, “us”, “we”, or “our”).
This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.xlay.vision

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions.
Capitalized terms are defined in this Agreement.

Turnaround

The turnaround time on your order with XLay starts when you’ve paid in full and we have all information required to complete your order.
Delay in receipt of any of this info could result in production delays.

Most premade Layouts can be completed within a few hours, after receiving payment, all necessary information and when choosing
Express Delivery (max. 24 Hours turnaround time on Monday – Friday) at the Layout Addons Tab.

Our normal current turnaround time on premade Layouts and Addons is within 48 Hours (Monday – Friday).
Complex orders/Addons may increase turnaround.

Orders must be paid in full before the order begins unless otherwise approved by XLay.
If you pay via echeck, the turn around time clock on your order will not begin until your check clears.

Custom Soundclick Layouts turnaround time depends on the package, but normally within 3 business days (Monday – Friday).

Changes to your Order after Payment

Any changes to your order after it has been placed will delay your order, even if you have paid a Express Delivery fee.
It is very important that you do not place your order until you are certain that’s what you want and you filled out every information field needed.

Changes to your Order after completion

Any change made to your order that is not due to an issue by XLay will be subject to a change fee of minimum $5.00 each.

Please do not edit your Layout unless you know what you are doing. If you edit your Layout after we’ve installed it, you are going to overwrite the settings made by us. If we need to re-install your purchased Layout, this would be a fee of $5.00.

Duration of Service / Hosting

We are not responsible if the provider (Soundclick, Beatstars, Airbit) discontinues or change it’s service. We try to inform about upcoming changes at our News page as early as possible and keep our products up to date. Please note, completed orders can not be refunded if the product isn’t working anymore because of a change at the providers end.

The duration we keep your files hosted on our servers is limited to one year if you cancelled your Soundclick VIP Account or switched to another Layout Provider.
This timeframe will refresh every time you are purchasing a new Layout from us.
We are doing this to keep our Servers clean of outdated Layout files by Clients who are not using Soundclick anymore or switched to another Layout Provider.

Refund Policy

All payments to XLay are final. We do not grant refunds for deposits or purchases. If you decide to open a PayPal dispute once your order has been fully completed and delivered in time, we will then contact either Soundclick Support (if you ordered a premade or custom Soundclick Layout) and PayPal in order to let them futher investigate in your duty which may ends by getting your Soundclick account and PayPal account closed, banned and terminated.
Refunds on completed orders are strictly prohibited.

Here are the situations in which we expect to give a refund on an item and related services you have purchased:

– An item is “not as described” if it is materially different from the item description or preview when it comes to the features and functionality of items. If it turns out the item is “not as described” you will be entitled to a refund.

– If an item doesn’t work the way it should and can’t easily be fixed you are entitled to a refund of the item. This includes situations where the item has a problem that would have stopped you from buying it if you’d known about the problem in the first place. If the item can be fixed, then we will do so, otherwise you are entitled to a refund of that item.

– If you have not downloaded a purchased item within 1 month from the date of purchase, you may be eligible for refund.

Why a refund may not be given:

If the item is materially similar to the description and preview and works the way it should, there is generally no obligation to provide a refund in situations like the following:

– you don’t want it after you’ve downloaded it

– the item did not meet your expectations

– you simply change your mind

– you bought an item by mistake

– you do not have sufficient expertise to use the item

– third party which the item was made for cancelled or changed their service

– you ask for goodwill, or

– you can no longer access the item because it has been removed (we advise you to download items as soon as you have purchased them to avoid this situation).

Pricing and Sales

XLay reserves the right to change pricing without notice.

Intellectual Property

The Site and its original content, features and functionality are owned by XLay and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you.
All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by XLay

XLay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services.
We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site.
Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes.
If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.