includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.
means any data or information inputted by You or with Your authority into the Website or Service.
"Intellectual Property Right"
means any trade mark, copyright, service mark, patent, moral right, right in a design, or any other intellectual or industrial property rights, anywhere in the world whether registered or not.
means the fee payable by You in accordance with the pricing plan set out on the Website (CDE OPEN SOURCE SOLUTIONS LTD reserves the right to change the pricing plan from time to time on notice to You).
means the EasyPacc online accounting which is available (as may be modified or changed or updated from time to time) on the Website.
"We" or "Us" or "Our"
means CDE OPEN SOURCE SOLUTIONS LTD.
means the Internet site at the domain www.easypacc.com or any other site operated by CDE OPEN SOURCE SOLUTIONS LTD.
means the online accounting designed and offered by CDE OPEN SOURCE SOLUTIONS LTD, which is the owner and operator of this Website and the Service.
means any person who maintains an account with Us and utilizes our Services, by paying a subscription fee.
means any natural or legal entity who visits the Site or uses the Service, including a subscriber and its employees and agents and any other natural or legal entity to whom the subscriber gives express or implied permission or authorization to use the Service. "Your" has a corresponding meaning.
2. SOFTWARE AND WEBSITE USAGE
2.2 You have the obligation to select a user name and password. You have the responsibility for keeping your user name, password, account details, and all information required in connection with your use of the Service confidential and up to date. You must immediately notify Us of any unauthorized use of Your password or any other breach of security and We will reset Your password, upon proof of Your identification.
2.3 By registering an account, You agree, warrant and represent that you will provide us with true, up to date, complete and accurate data and information as per our request in the registration form.
2.4 When accessing and using the Services you must not attempt to undermine the security or integrity of Our computing systems or networks and not use, or misuse, the Services in any way which may wrongfully effect the functionality of the Services or Website, or any other systems used to deliver the Services or wrongfully effect the ability of any other user to use the Services or Website;
2.5 Also you must strictly refrain from attempting to gain unauthorized access to any resources other than those to which You have been given express permission to access or to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website.
2.6 Limitations may be subjected to the use of the Service at any time. Such limitations may include but are not limited to monthly transaction volumes and the number of calls You are permitted to make against EasyPacc’s application programming interface.
2.7 You must only use the Service and Website for Your own lawful purposes, in accordance with the Terms of Usage or other terms or conditions posted on the Website from time to time. In the case you use the Service and Website on behalf of others or in order to provide services to others you must ensure that You are authorized to do so and all persons for whom or to whom services are provided are deemed to accept and must comply with and all terms of this Agreement that apply to You.
3.1 Payment for our Services must be made in advance for a period of your choice, with minimum one month period.
3.2 Renewal Subscription Fees must be paid at least 48 hours before the expiration date of Your subscription.
3.3 At the expiration of your subscription the access and use of Our Services will be automatically terminated. If such an event occurs, Your data will be kept saved on our servers for the period of thirty (60) days from the expiration date. At the passing of the said thirty (60) days period you data will be automatically removed from our servers.
3.4 Upon payment of a renewal subscription fee your will gain full access to your data.
3.5 In case of late payment of the renewal subscription fees for Our Service, the said fees will be considered to have been paid from the date that your subscription had expired.
3.6 An invoice for the Subscription Fees will be issued after payment. Our invoices will be sent to You at the email that You have provided Us at the creation of your account or to a Billing Contact whose details are provided by You by email.
4. COPYRIGHT AND INTELLECTUAL PROPERTY
4.1 All Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of the company CDE OPEN SOURCE SOLUTIONS LTD.
4.2 Ownership of Data: The Intellectual Property Rights in the Data remain Your property. However, Your access to the Data is contingent on full and in advance payment of you Subscription Fee. You grant us a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
4.3 Backup of Data: You have the obligation to maintain copies of all Data inputted into the Service at all times. EasyPacc adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up procedure to local and offsite data storages, but does not make any guarantees that there will be no loss of Data. EasyPacc expressly excludes liability for any loss of Data no matter how caused.
5.1 Your Personal Details
5.1.1 Use of the Software is strictly banned to persons under the age of 18 years old.
5.1.2 We will store personal information that you provide to us, such as your name, address, phone number, contact person, email address and company name and details, on our systems. The said information will be used to contact you and to provide our services to you. We will not share the said information with any third party without your prior consent.
5.1.4 The above information will be transferred if We or EasyPacc are acquired by or merged with another company.
5.1.5 Your non-personally identifiable information, such as your IP address and the web browser that you use will be recorded by us.
5.2 Your Data
5.2.1 The Software records information about you and your company. The said information will not be disclosed to any third party without your prior consent.
5.2.2 Subject to clause 3.1, if you choose to end your subscription or close your account, your personal identifiable data will be remove your from our systems.
5.2.3 Your Data is sent securely across the Internet. Our servers have SSL Certificates issued by leading certificate authorities, so all Data transferred between users and the Service is encrypted, provided that Your browser must support the encryption security used in connection with the Service.
5.3 Other Data
5.3.2 It is Your responsibility to keep Your password safe. We do not have access to Your password and are therefore unable to access Your account or Data without your prior instruction to do so from You.
5.3.3 If you choose to pay for the Service by credit card, your credit card details are not stored by the Service and cannot be accessed by Our staff. Your credit card details are encrypted and securely stored by PayPal (Europe) S.à r.l. & Cie, S.C.
5.4 Third-party applications and your Data: If You enable third-party applications for use in conjunction with the Services, You acknowledge that EasyPacc may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. EasyPacc shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
6.1 Confidentiality: Unless one party to this Agreement has the prior written consent of the other party to this Agreement or unless required by law:
6.1.1 Will preserve all Confidential Information of the other obtained in connection with these Terms, strictly confidential. A party may disclose or make any Confidential Information available to any person, only with the prior written consent of the other party. Each party's obligations under this clause will survive termination of the present Agreement.
6.1.2 The provisions of clauses 6.1 (a) does not apply to any information which: is or becomes public knowledge other than by a breach of this clause; is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or is independently developed without access to the Confidential Information.
You acknowledge that:
7.1 You may use the Services and the Website and access the Data that You or any person you have authorized, input into the Website.
7.2 Nothing in the present Agreement confers, or purports to confer, a benefit on any person other than You.
7.3 If You use the Services or the Website on behalf of or for the benefit of anyone other than yourself you agree that You have the responsibility for ensuring that You have the relevant authorization to do so;
7.4 You have the responsibility for authorizing another person to have access to Data, and you agree that We or EasyPacc have no obligation to provide any person access to such Data without Your prior authorization and You will indemnify EasyPacc against any claims or loss relating to EasyPacc's refusal to provide any person access to Your Data in accordance with these Terms or EasyPacc’s making available information or Data to any person with Your authorization.
7.5 You agree that if You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
7.6 The provision of, access to, and use of, the Services is on an "as is” basis and at Your own risk.
7.7 You remain solely responsible for complying with all applicable accounting, tax, vat and other laws.
7.8 It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you.
8.1 EasyPacc does not warrant that the use of the Service will be uninterrupted or error free. The operation and availability of the systems used for accessing the Service, including computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. EasyPacc is not in any way responsible for any such interference or prevention of Your access or use of the Services.
8.2 Also it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason EasyPacc has to interrupt the Services for longer periods than EasyPacc would normally expect, EasyPacc will use reasonable endeavors to publish in advance details of such activity on the Website.
8.3 EasyPacc is not Your accountant and use of the Services does not constitute the receipt of accounting advice.
8.4 You are responsible to determine that the Services meet Your needs and are suitable for the purposes for which they are used. EasyPacc gives no warranty that the Services will meet Your requirements or that it will be suitable for any particular purpose.
8.5 You warrant that You are acquiring the right to access and use the Services for the purposes of a business and that, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
9. LIMITATION OF LIABILITY
9.1 EasyPacc and We exclude all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
9.2 If You suffer loss or damage as a result of EasyPacc or Our negligence or failure to comply with these Terms, any claim by You against Us or EasyPacc arising from Our or EasyPacc's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Subscription Fees paid by You in the previous 12 months.
You indemnify EasyPacc against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to EasyPaccs, including any attorney’s fees.
11.1 Trial policy: You can sign up for access to the Services for evaluation purposes without any charge, for a period of one month. After the passage of the said period, You have no obligation to continue to use the Services. If You wish to continue using the service, you are required to pay a subscription fee, according to the pricing plan.
11.2 At the expiration of your subscription the access and use of Our Services will be automatically terminated.
11.3 The Terms of the present Agreement, unless otherwise specified herein, apply for the period covered by the Subscription Fee paid.
11.4 If You breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach EasyPacc may take any or all of the following actions against You and/or any or all other persons whom You have authorized to have access to Your information or Data, at its sole discretion, such as to terminate this Agreement and Your use of the Services and the Website and/or Suspend for any definite or indefinite period of time Your use of the Services and the Website and/or Suspend or terminate access to all or any Data.
12. TECHNICAL PROBLEMS
12.1 In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting EasyPacc. If You still need technical help, please check the support provided online by EasyPacc on the Website or failing that email us at email@example.com.
13.2 Waiver: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
13.3 Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control.
13.4 No Assignment: You may not assign or transfer any rights to any other person without EasyPacc's prior written consent.
13.5 Governing law and jurisdiction: In all other situations this Agreement is governed by the laws of the Republic of Cyprus and You hereby submit to the exclusive jurisdiction of the courts of the Republic of Cyprus for all disputes arising out of or in connection with this Agreement.
13.6 Severability: If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
13.7 Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to EasyPacc must be sent to firstname.lastname@example.org or to any other email address notified by email to You by EasyPacc. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
13.8 Rights of Third Parties: A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.