General Terms and Conditions for the use of the Platformax Service

 

Article 1

The General Terms and Conditions for the use of the Platformax Service (“General Terms and Conditions” or “terms”) apply to the use of the Platformax Service provided by SPLETNIK, spletne tehnologije, d.o.o., Osenjakova ulica 14, 1000 Ljubljana, Slovenia, European Union, registration number: 3520919000, VAT ID: SI80468853 (hereinafter: “Supplier” or “Platformax”).

These terms supplement the terms of the Subscription agreement and any other separate agreements between the parties related to the same service and are incorporated in the agreement concluded by the Subscription agreement by reference. These General Terms and Conditions for the use of the Platformax Service together with the Subscription agreement (either the Order Form or website order) and any ancillary documents, particularly the Supplemental Terms – Personal Data Processing, provided by the Supplier and/or entered into by the Parties for the Services together constitute the entire Agreement as is used hereinafter.


Article 2

The subject of the Agreement is the use of the Platformax service, which includes a set of online tools that enable the Client to perform sales, support, project and other business processes and activities within the scope and in a manner defined in the Agreement.

Definitions:
Platformax services or “services”
include an account for use of the sales automation platform and technical and consulting support offered by Platformax to its Clients in accordance with these terms, the price list, eventual terms of use for individual services (if any), the user manuals and the concluded subscription agreements. The scope and features of Platformax services depend on individual products, the capability of the Platformax infrastructure and the Client’s selection. Platformax publishes a description of the services at www.platformax.com. The description of the services is a part of these terms in the section relating to the services provided by Platformax to the Client in accordance with the subscription agreement.


Subscription agreement
is either the filled-out order form, listing the main parameters of the Platformax Services as ordered by the Client and countersigned by the Platformax (“Order Form”) or filled-out automated form as available on the Platformax website, if available.

Agreement execution date is the date when the Order Form is signed by both parties or an automated form on the website is filled out on Platformax website, under these General Terms.

The Platformax infrastructure is comprised of systems, equipment and other resources that enable the provision of Platformax services.

Instructions are represented by the Supplier’s process-related guidelines, conditions, limitations and the manner of use of any services, combination of services, devices or equipment. The Instructions are published at www.platformax.com and/or delivered to the Client by the Supplier to the Client’s contact e-mail address.

 

Article 3

Within 14 days of the Agreement execution date, the Client must provide the Supplier with all data, information, surveys, questionnaires and other materials (hereinafter jointly referred to as “Materials”) that are required by the Supplier to implement the Platformax services in the agreed upon scope and pay the initial implementation costs (if any defined in the Order Form) for system configuration within the same period. The Client must provide these Materials in electronic form. If the Client fails to comply with the terms of this Article within 14 days of the Agreement execution date, the Supplier shall deploy the Platformax services with a generic configuration, supply the Client with the necessary data for accessing the Platformax service and begin charging the subscription fee. Any additional configuration of the system under the Agreement shall be performed when the Client provides the Materials and pays the implementation costs.

The Platformax service will be deemed as provided on the date the Client has received, in electronic form (or other manner, if such other form was specifically agreed between the Parties), the data required to access and use the Platformax service and the system configuration (if any defined in the Order Form) has been completed, or when an upgrade from a free or trial account to a Platformax subscription is completed for the Client, in accordance with the selected subscription package in the Subscription agreement.

 

Article 4

The Client undertakes to pay a subscription to the Supplier for the use of the Platformax service, in the amount defined in the Agreement.

The subscription fee for the subscription package shall be paid for the current month of use and without interruptions for the entire term of the Agreement, regardless of whether the Client uses the service in the current month or not. In the event of selected credit card payment method, the provided credit card shall be charged  once per month for the current month. If the credit card payment is not executed within 30 days from the scheduled charge, the services shall be suspended. For all other forms of payment agreed between the parties, the he invoices issued by the Supplier to the Client for the use of the Platformax service shall have a payment deadline of 30 days.

The prices of all services, including, but not limited to the price of a monthly service subscription fee, may be changed with a 50-day written notice sent by the Supplier. Such notice may be provided at any time by publishing the changes to the Supplier’s web site (www.platformax.com) or within the service itself. If the prices increase by more than 15% and the Client disagrees with the change, the Client may cancel the service without notice period.

All fees are exclusive of all taxes, levies or duties applicable under any legal acts or imposed by tax authorities, unless stated otherwise in the Agreement. Payment of such taxes, levies or duties is the responsibility of the Client.

 

Article 5

The Supplier may prevent the Client from accessing the Platformax service for all user accounts, if the Client fails to perform its payment within 30 days from the issuance of the invoice or scheduled charge, or other material obligations. The Supplier shall inform the Client about suspension of access via e-mail. If the access is suspended for reasons on Client’s side (particularly Client’s failure to provide payment), the Supplier shall not be responsible for any damage the Client might incur and the Client cannot claim any damages from the Supplier. For avoidance of doubt, the liability of the parties is furthermore limited in Article 11 of these terms.

 

Article 6

Platformax platform and all intellectual property rights therein and all intellectual property rights relating to the provision of the services are owned or licensed by the Supplier. Except for the subscription granted hereunder, nothing in the Agreement gives the Client any right, title or interest to the Platformax platform. Client is prohibited to: (i) modify, translate, or create derivative works based on the Platformax platform; (ii) create any link to the Platformax or frame or mirror any content contained or accessible from the Platformax, (iii) reverse engineer, de- compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Platformax; (iv) or access the Platformax in order to (a) build a competitive product or service, or (b) copy any ideas, features, functions or graphics of the Platformax.

 

Article 7

The Platformax service may only be used in accordance with this Agreement and the applicable law. The Supplier is either under an obligation or, alternatively, reserves the right, to upon receiving a lawful order or receiving a notice from duly authorized party, or in the event if Supplier comes into possession of credible information related to Client’s use of the services in an unlawful manner or in a manner that may subject the Supplier to any form of liability in any jurisdiction, to remove any content and accounts that contain content that may be deemed as illegal, offensive, threatening, slanderous, defamatory, pornographic, indecent or otherwise objectionable, or content that infringes on intellectual property rights of any party or the Agreement. For avoidance of doubt, Supplier does not actively access the contents of any of the accounts.


Article 8

The Supplier is not liable for any damages suffered by the Client or any third party that are the result of improper or incorrect use of the Platformax service.


Article 9

The Supplier reserves the right to monitor directly or indirectly whether the Platformax service is being used compliant with the Agreement for the entire duration of the Agreement.


Article 10

Personal data is processed per the PLATFORMAX’s SUPPLEMENTAL TERMS – AGREEMENT ON PERSONAL DATA PROCESSING.


Article 11

The Supplier does not guarantee uninterrupted service operation without errors nor does it guarantee that the Client will obtain the desired results by using the service. The service is available as is, and the Supplier offers no guarantees that the service will result in success, which includes guarantees of sales performance or of fitness for a specific purpose. Based on the above, it follows that the Client uses the Platformax service at its own responsibility.

The Supplier will try (if possible) to resolve any potential issues with the operation of the Platformax service of which the Supplier has been informed by the Client, in the shortest time possible, subject to availability of the human resources and other capabilities.

The Supplier does not undertake: (i) that the service complies with the Client’s specific demands; (ii) to ensure uninterrupted, fast, secure and faultless service operation; (iii) that the results obtained by using the service are exact and reliable; (iv) that the quality of any product, service, information or other item purchased by the Client using this service is adequate.

The Supplier shall not be liable for any direct, indirect, accidental, special, consequential or extraordinary damage, including, but not limited to, damage due to loss of profit, access, data or other non-tangible loss that may occur due to: (i) the use or inability to use the service; (ii) costs of ordering replacement goods and services because of any goods, data, information or services that the Client purchased or gained, or because of any messages that the Client received or any transfers the Client became involved in with the help of or within the service; (iii) unauthorized access or change of your transfers or data; (iv) statements or actions in the service performed by any third parties; (v) any other matters related to the service. For all other events not covered by the above limitations of liability, the Supplier is liable up to 12 months’ subscription fee.

 

Article 12

All information about the Client that the Client provides upon registration, as well as technical information about service use may be used by the Supplier for the purposes of communicating with the Client and improving service quality.

 

Article 13

In no event will the Supplier use the Client’s contact and project data or other information from the Platformax services for any other purpose than the one foreseen by the service itself. As part of the service, the Supplier will perform daily backups and retain the data for the last 30 days.

 

Article 14

The Client and the Supplier conclude the Agreement on the Use of the Platformax Service for an indefinite term.

 

Article 15

The Client may terminate the Agreement with one-month notice, by sending a written notice by e-mail to the Supplier’s address. The Client is not entitled to the reimbursement of the already paid amounts for service use. Terms of different packages or Order Form may set different conditions concerning the minimum duration, early termination and/or contractual penalty. The terms of the Order Form shall prevail.

On the termination date, the Client’s Platformax package, including all user data in the Platformax service, shall be archived for a month and made available to the Client, after which it will be irrecoverably deleted.

 

Article 16

The Supplier of the service may unilaterally and immediately withdraw from the Agreement, if the Client’s payment is delayed by more than 30 days. Access to the service may be restored after all open obligations (particularly unpaid invoices) to the Supplier are paid and after a new subscription agreement has been concluded.

The Supplier may unilaterally and immediately terminate the subscription relationship, if the Supplier determines that the Client is in breach of the Agreement or if the Supplier becomes aware of an abuse of the Platformax service by the Client.

Either of the parties may regularly terminate the Agreement with a one-month notice period by sending a written notice by fax or by e-mail to the other party’s address.

 

Article 17

This Agreement shall be rescinded in its entirety and without notice in case of bankruptcy or liquidation of the Client or the Supplier.

 

Article 18

After Agreement termination or rescission, the Client has 30 days to request the export of its content before it is deleted. Basic export of the data shall be free of charge. In the event the Client requests non-standard export format, Supplier shall, subject to availability, provide the Client with a quote for such export.

The Supplier will export the collected data in an available format, but only after the Client has settled all due obligations to the Supplier.

 

Article 19

The Parties undertake to safeguard the personal information of all individuals who will use the services under this Agreement and all trade secrets arising from this Agreement, in accordance with the applicable law.

 

Article 20

The General Terms and Conditions on the Use of the Platformax Service represent a legal agreement between the Client (individual natural or legal person) and the Supplier. When the Client uses the Platformax service, the Client is bound by the provisions of these terms. If a Client disagrees with these terms of use, it may not use the service. These terms are subject to change with notice published on www.platformax.com.

 

Article 21

The Agreement is governed by the laws of Republic of Slovenia, European Union. The Parties agree to attempt to settle any disputes amicably. If an amicable settlement cannot be reached, competent court in Ljubljana, Slovenia has jurisdiction to resolve any dispute arising from the Agreement.