(agreement on the use of the Provider’s Service)
Welcome to PayTraq, a cloud-based solution for automating business management processes for small and medium-sized companies.
Your use of PayTraq service available at go.paytraq.com, provided by PayTraq SIA are governed by the terms and conditions of a binding user agreement (hereinafter the “Agreement”) concluded between you as a User and PayTraq SIA as a Provider regarding the use of the software for bookkeeping and financial accounting that is provided for lease (temporary license) (hereinafter the “Service”).
By registering in the Service provided, you as a User accept all the terms and conditions of the Agreement and undertake to comply with them for the entire time of using the Service.
The Provider may amend this Agreement by giving notice to the User by email.
1.1. Service means a cloud-based solution for business management process automation for small and medium-sized companies – PayTraq, an integral part of which is the software for bookkeeping and financial accounting, that is available at go.paytraq.com;
1.3. Provider means PayTraq SIA, with registration number 40103794975 in The Register of Enterprises of the Republic of Latvia; a party that provides Users and Enterprises with the services of using the Service;
1.4. User means a particular individual registered on the Website and using the Service; the scope of the User’s capabilities in each particular Profile is determined by the Primary User of the corresponding Profile in accordance with the available functional of the Service.
1.5. Profile means a set of accounting, financial and related data available in the account of a certain Enterprise;
1.6. Enterprise means a certain enterprise, legal entity or an establishment or organization similar in nature, that keeps its accounting (financial and/or fiscal, etc.) books using the Service on the Website in the account created for this particular Enterprise (Profile); in specific cases described and regulated in section 9 of this Agreement, a party that may not maintain its own records in the Service, but who has acquired (in its own name) Licenses for the third parties (the Enterprises which are using the Service to keep their accounting or will use it in the future) is also considered the Enterprise.
1.7. Primary User means a User with the widest authorities in management of the Enterprise Profile; for the purposes of this Agreement the Primary User is deemed to be a representative of the Enterprise vested with the necessary authority to enter into and to perform this Agreement to the extent established by this Agreement (except as expressly stated to the contrary). The Provider may treat the Primary User as such until a legal representative of the Enterprise furnishes the Provider with definitive proof to the contrary as stipulated by this Agreement.
1.8. Trial Profile means a trial account created by the User using the Service capabilities. Trial Profile is not treated as real data of any actual enterprise (and “real data” in general) under no circumstances or coincidence; therefore, the Trial Profile is not covered by any guarantee attributable to the Profile or the User, and no rights attributable to the User (the Provider may also delete any Trial Profile at any time without notice and reasoning, and without the possibility to restore). After the first payment of the License Fee, the Trial Profile becomes the Profile. Upon expiry of the Trial Period, the Trial Profile for which no license fee has been paid in the amount stated in the corresponding invoice is automatically deleted in accordance with the Service settings.
1.9. Trial Period means that the Provider grants to the User a limited license for the creation of the Trial Profile (one or more) and use the Service free of charge in the Trial Profile for the purposes of familiarization during the period of time unilaterally fixed by the Service or the Provider and without any obligations to continue using the Service (in relation to particular Trial Profile) upon expiry of the Trial Period.
1.10. License or Subscription means the right of the Enterprise (and, thus, Users connected to its Profile) to use the Service in relation to particular Profile. License means a non-exclusive and fixed-term license that does not afford an opportunity to modify, copy, replicate, etc. the Service, use the Service trademark in any form, assign received rights to third parties, decompile software (or take any measures in order to obtain the source code of any part of the software), and to use the Service other than for its intended purpose.
1.11. License or Subscription Fee means the fee payable by the Enterprise for the License (the right to use the Service) in the scope and period fixed in the License (duration of the License does not depend on whether the Enterprise uses the License or not, e.g. that non-use of the Service during a paid period is not the basis to require the free of charge renewal of the License from the Provider and/or full or partial repayment of the License Fee, etc.);
1.12. Primary Information means a part of the Profile (information) consisting of accounting entries – records forming accounting registers.
1.13. Secondary Information means the remaining part of the Profile (except the Primary Information), for example, lists of clients, suppliers, goods, services, etc., files uploaded to the Service, comments, projects, reports generated by the Service, electronic documents created by the Service and approved by Users, any settings of the Profile and Users, any documents (drafts) until their approval by the User. etc.
1.14. Browser means an application software for reviewing (requesting, processing, manipulating and demonstrating the contents of) webpages. The Service supports the latest versions of Chrome, Firefox and Safari – Supported Browsers.
2. THE PARTIES AND SUBJECT OF THE AGREEMENT
2.1. This agreement (hereinafter the “Agreement”) determines the rules of using the Service and regulates the associated relationship between the User, the Enterprise and the Provider.
2.2. The Provider grants to the User the right to access the Service via the Website and to use its software through the Supported Browsers. The User’s rights to use the Service in relation to each particular Profile are determined by the Profile settings and the chosen type of License (for a particular Profile). The said right is non-exclusive, non-transferable and is restricted by this Agreement.
2.3. The Enterprise is a party to this Agreement, and it is the Enterprise that receives the paid service and is the holder of the License. The Primary User that has created the Profile of the corresponding Enterprise (i.e. the Primary User at the time when the status of the account changes from “Trial Profile” to “Profile”) confirms and the Provider has the right to imply (and be guided by such implication) that the Primary User has all necessary authorities to enter into this Agreement without provision of any additional documents or information.
2.4. This Agreement applies to the Trial Period subject to the specific aspects of the Trial Period and the Trial Profile.
2.5. One Primary User may create several Profiles for different Enterprises. This Agreement in any case is deemed to have been made with each Enterprise individually.
2.6. The actions of each registered User, regardless of whether the User is a Primary User or a User of any Profile, are subject to this Agreement in its entirety (so far as in order to gain access to the Service, a registration is required, an integral part of which is the familiarization with the terms and conditions of this Agreement and full acceptance of them by the User).
3.1. The User is granted the right to use the Service within the terms and conditions of this Agreement and the technical capabilities of the Service.
3.2. The User undertakes to use the Service in accordance with the legislation of the Republic of Latvia for bookkeeping and financial accounting of business. Use of the Service for any other purposes is prohibited (except the use of the Trial Profile, which by definition may be used only for familiarization).
3.3. The User cannot use the Service for any unlawful purposes, including, but not limited to deceiving third parties, misrepresentation, unreasonable storage of another person’s data or data infringing upon any copyright and disclosing confidential information.
3.4. The User undertakes to keep in secret the login and password used for the identification of the User in the Service/Website. Where there is a risk of loss of password or its discovery by third parties, the User must change the password immediately to a new one. For the purposes of security and protection of access to data, it is recommended not to use simple passwords and to change them periodically. The Provider is not liable for unauthorized access to the User’s data by third parties due to password guessing or password attack.
3.5. The User undertakes not to use the same login and password for access to the same data by different persons.
3.6. Under this Agreement, the User undertakes not to take any actions, which compromise the security or operability of the Service, its software, computer networks and servers. The User undertakes not to attempt to gain unauthorized access to the data of other Users and/or Enterprises nor take any measures to attempt to restrict such access.
3.7. The User indemnifies the Provider from any claims, damages, losses and expenses arising from or in connection with breach of any of the terms and conditions of this Agreement by the User.
3.8. The User has the right to delete all his/her data available in the database of the Service Users as well as to end this Agreement. For more detailed information about the rights of the User as a data subject, see section 7. “DATA PROTECTION”.
3.9. If the User is connected as a “user” to any Profile, the User’s rights to perform any actions with the Profile are determined by the Profile settings made by the Primary User. The User is obliged to agree independently with the Enterprise and the Primary User upon the grounds and conditions on which the User may perform actions with a particular Profile, since such relationship between the said persons does not constitute the subject of this Agreement.
3.10. The User undertakes all the risks connected with the use of the Service. All the services and software are provided on an “as is” basis, without any guarantees and rights to change it.
3.11. The User confirms that he/she is aware that the identity of the User is established by the Service using e-mail address.
3.12. If the User for any reasons is not satisfied with the performance, functionality or reliability of the Service provided, the sole and exclusive remedy is termination of this Agreement and execution of the refusal to use the Service.
3.13. The User shall use a Browser compatible with the Service.
4. PRIMARY USER
4.1. In addition to all those mentioned in section 3. “USER”, the Primary User have some special rights, duties and liability in relation to each Profile in which a particular User is a Primary User.
4.2. As stated above, for the purposes of this Agreement the Provider has the right to imply (and be guided by such implication) that the Primary User has all necessary authorities to represent the Enterprise in performance of this Agreement for the actions in the Service itself without provision of any additional documents or information.
4.3. In case of need to afford access to the Profile to another person (User), the Primary User has the right to add other Users to the Profile and, using the Service functional, determine the scope of authorities (rights to perform actions) in the Profile. The Primary User is obliged to agree independently with the Enterprise and the User upon the grounds and conditions on which connected User may perform actions within a particular Profile, since such relationship between the said persons does not constitute the subject of this Agreement.
4.4. If the Primary User affords access to the Profile to a User who has not been registered at the time the access is afforded, the Service sends notice hereof to the User at the e-mail address stated by the Primary User, but actual access of such User to the Profile will be afforded only and exclusively after the User familiarizes with this Agreement and accepts its terms and conditions in full.
4.5. The Primary User has the right to change access to the Profile for other Users, in any way, to include exclusion of all Users, except the Primary User.
4.6. The Primary User has the right to assign its status (status of Primary User) in relation to each Profile by changing the Profile settings. The status can be assigned only to another registered User. The status of Primary User is deemed to have been assigned at the time when the previous Primary User designates a particular User as a new Primary User in the appropriate section of the Service, by using the Service functional.
4.7. The Primary User has the right to delete the Profile by using the Service functional.
4.8. The status of Primary User cannot be waived; it may be only assigned to another User or lost due to the deletion of the Profile.
4.9. For any actions connected with the Profile of the Enterprise beyond the Service, the status of the Primary User is not sufficient (i.e., the Provider does not treat the Primary User as a representative of the Enterprise, if actions with the Profile or performance of this Agreement are beyond the Service/Website).
5.1. In consideration of the fact that the Enterprise is the person keeping financial and accounting books in the Service, the Enterprise is a receiver of the services in relation to a particular Profile, which in many respects forms the peculiarities of the Enterprise’s legal status that are stated in this section.
5.2. The Enterprise is liable to pay the License Fee. The Enterprise is obliged in due time to pay invoices issued to it by the Provider for the License for use of the Service.
5.3. It is the Enterprise (but not the User or the Primary user) that is granted the License to use the Service in relation to a particular Profile.
5.4. The Enterprise is liable for actions of Users (including the Primary User) connected to the Enterprise’s Profile. The Enterprise is also fully liable for safety of its data and control of access to the data by persons added to the Profile. The Enterprise is also fully liable for the observance of the terms and conditions of this Agreement by persons added to the Profile.
5.5. The Enterprise is obliged to independently ensure (supervise and record, etc.) that its Profile at any time has an actual (capable) Primary User, and also to control who is the Primary User of the Enterprise’s Profile. The Enterprise is also obliged to control what Users have the rights to perform actions in the Profile, and the scope of such rights. The Enterprise is obliged to agree independently with the Primary User and each User connected to the Profile upon the grounds and conditions of their access to the Profile, since such relationship between the said persons does not constitute the subject of this Agreement.
5.6. The Enterprise performs actions with the Profile in the Service through the Users connected to the Enterprise’s Profile (including the Primary User). Beyond the Service, the Enterprise acts through its legal representatives. The Enterprise is the only person authorized to perform actions in its Profile beyond the Service. Actions with the Profile beyond the Service are an exception (main functional of the Service is not intended for acts beyond the Service) and are performed only in the cases described in this Agreement and in the manner prescribed by this Agreement.
5.7. The Enterprise is the only person authorized to replace the Primary User of its Profile without participation and/or consent of the Primary User. If the Enterprise intends to exercise such right, it is obliged to furnish the following documents (legally valid [i.e. duly legalized] in the territory of the Republic of Latvia) to the Provider: (1) request by a representative (individual) of the Enterprise for replacement of the Primary User of the Profile, specifying the name and e-mail address of the new Primary User (who must be registered in the Service as a User with the same e-mail address), and (2) document evidencing the right of the particular individual (who signed the request) to represent the Enterprise, including the rights to access accounting, administrative and financial data. Such service is provided on a paid basis; the fee is set at 50 euros. The Provider is obliged to consider the request within a week of receiving the above-mentioned documents and receiving the fee for such service in full.
5.8. If the Enterprise does not intend to use the Service, but has a need to obtain the Profile data, the Enterprise has the right to receive Primary Information of the Profile upon written request. If the Enterprise intends to exercise such right, it is obliged to furnish the following documents (legally valid [i.e. duly legalized] in the territory of the Republic of Latvia) to the Provider: (1) request of a representative (individual) of the Enterprise for such data, and (2) document evidencing the right of the particular individual (who signed the request) to represent the Enterprise, including the right to access accounting, administrative and financial data. Such service is provided on a paid basis; the fee is set at 100 euros. The Provider is obliged to consider the request within a week of receiving the above-mentioned documents and receiving the fee for such service in full, provided that such request is submitted and received by the Provider during the validity period of paid License. The Provider records the Primary Information of the Profile on an external media. The Secondary Information is not transferred beyond the Service.
5.8.1. If in the situation described in clause 5.8 the Provider is able to afford temporary access to the Profile to a legal representative, the Provider have the right, upon appropriate request of the Enterprise, to afford such possibility to the legal representative (the time for use of such possibility is fixed by the Provider unilaterally). In such event, the Provider is not bound to record the Primary Information on an external media.
5.9. The Enterprise indemnifies the Provider from any claims, damages, losses and expenses arising from or in connection with breach of the terms and conditions of this Agreement by the Enterprise.
5.10. The Enterprise undertakes all the risks connected with the use of the Service. All the services and software is provided on an “as is” basis, without any guarantees and rights to change it.
5.11. The Enterprise undertakes to use the Service in accordance with current legislation of the Republic of Latvia for bookkeeping and fiscal accounting for its business. Use of the service for any other purposes is prohibited.
5.12. Under this Agreement, the Enterprise undertakes not to take any actions, which compromise the security or operability of the Service, its software, computer networks and servers. The Enterprise undertakes not to attempt to gain unauthorized access to data of other Users and/or Enterprises nor take any measures to attempt to restrict such access (except access to the Profile of the Enterprise).
5.13. If the Enterprise for any reasons is not satisfied with the performance, functionality or reliability of the Service provided, the sole and exclusive remedy is execution of the refusal to use the Service.
6.1. The Provider is a developer and owner of the Service. The Provider provides all the services and software on an “as is” basis, without any guarantees and rights to change it.
6.2. The Service Provider has the right to terminate this Agreement unilaterally according to the procedure prescribed by this Agreement. Termination of the Agreement with the User results in deletion of the User only, and termination of the Agreement with the Enterprise results in deletion of the Enterprise’s Profile.
6.3. The Provider undertakes to take necessary measures for the protection of data of the User and the Enterprise, their integrity and safety.
6.4. If the User or the Enterprise for any reason is not satisfied with the performance, functionality or reliability of the Service provided, the sole and exclusive remedy is termination of this Agreement and execution of the refusal to use the Service.
6.5. The Provider does not guarantee that the software of the Service will meet the requirements of the Enterprise or the User, or that the Service will be fit for their purposes, (including for this purpose there is a free Trial Period available, when an interested person may acquaint with the Service performance). For the avoidance of doubt, all implied conditions or guarantees of the Provider are excluded to the extent permitted by law.
6.6. The Provider does not guarantee that the use of such software will be uninterrupted or faultless. The Provider in no event is liable for disruption of the Service operation caused by technical failures, natural calamities and other circumstances.
7. DATA PROTECTION
7.1. Each of the parties undertakes to maintain confidentiality of all information received in connection with this Agreement. Neither party shall, without prior written consent of the other party, provide any confidential information to third parties or use it for its own benefit, except as otherwise provided by this Agreement or legal regulations of the Republic of Latvia.
7.2. Regarding User data, the Provider stores only the data pertaining to authentication of the User on the Website (name, surname, e-mail address, password), and rights (to which Profiles, during which period and with which rights) and activity (time, date and scope of the activities, and IP from which such activities were carried out) of the User in relation to the Profile. The Provider is a data controller in relation to such data. More detailed information about the policy of handling such data is available at: https://paytraq.com/privacy/en/, which constitutes an integral part of this Agreement. By accepting the terms and conditions of the Agreement, the User also accepts the said policy.
7.3. Data of the Enterprise and its profile do not constitute personal data. At the same time, the Profile may contain personal data entered by Users when keeping books of the Enterprise. The Provider does not have direct access to the Profile data. The Provider is a data processor in relation to personal data contained in the Profile (if any), and the Enterprise is a controller. Therefore, this Agreement also constitutes the agreement between the Enterprise as a data controller and the Provider as a processor of such data, as defined in part three of article 28 of the EU General Data Protection Regulation. Hence:
7.3.1. all acts with data in the Profile are carried out by the Enterprise (its designated Users) or, in the especially rare cases detailed in this Agreement, the Provider, upon written request of the Enterprise. If the Provider carries out acts with the data on the basis of external regulation or requirements of competent authorities, the Provider informs (if possible) the Enterprise hereof;
7.3.2. all data processing by the Provider is automatic, without participation of the Provider’s staff, except in rare cases mentioned in the previous clause (in such cases the Provider’s employees gaining access to data are liable to maintain confidentiality);
7.3.3. The Enterprise is granted access to the Profile and, consequently, data, without limitation of time within the available functional of the Service;
7.3.4. The Provider complies with the terms of the Regulation in case of engagement of sub-processors; the list of used sub-processors is at any time available on the Website in section “List of Sub-processors”: https://paytraq.com/subprocessors/;
7.3.5. The Service developed by the Provider and authorized to be used under this Agreement has all necessary technical solutions for the Enterprise to be able to fulfill requests of data subjects;
7.3.6. Upon expiry of this agreement, the Provider deletes the Profile and all data inextricably connected therewith.
7.3.7. The Provider provides the necessary information to confirm to the Enterprise the fact that the Provider’s actions as a data processor comply with the data privacy rules, within a month of receiving a reasonable written request from the Enterprise.
7.3.8. The Provider, within two months of receiving a reasonable written request from the Enterprise, provides the opportunity to carry out an audit of the performance of this agreement by only those organizations authorized by the Enterprise that have necessary competence therefor, which is confirmed by relevant documents (legally valid in the Republic of Latvia), and, provided that there are serious and proved grounds to believe that the Provider does not meet the terms and conditions of data handling.
7.4. The Provider has the right to restrict or block access of the User and/or the Enterprise to data in case of delay in payment for use of the Service or in case of breach of the terms and conditions of the Agreement, or as required by the competent persons.
7.5. The Provider undertakes to take all necessary reasonable actions to prevent data loss, but does not give any guarantee concerning exclusion of such loss. The Provider expressly disclaims any liability for any data loss whatsoever arising, except where a loss arises from the Provider’s malicious intent.
8.1. A separate License is required for each Profile.
8.2. The User has the right to create the Trial Profile. The Trial Profile under no circumstances or coincidence is treated as real data of any actual enterprise, therefore the Trial Profile is not covered by any guarantee attributable to the Profile or the User, and no rights attributable to the User (the Provider may also delete any Trial Profile at any time without notice and reasoning, and without the possibility to restore). No fee-based License is required for actions with the Trial Profile during the Trial Period.
8.3. Upon expiry of the Trial Period and subject to payment of the Subscription Fee for the appropriate Profile, the Provider grants to the Enterprise a License for Profile of the Enterprise in accordance with the chosen type of License (subscription plan). The scope and duration of the rights of use of the Service (subscription plan) and its price are indicated in the Provider’s price list for services.
8.4. The Provider will continue to bill the Enterprise in accordance with the billing period of the chosen subscription plan (current License) until cancellation of such License or its expiry. All invoices for services rendered for the provision of the Service will be sent to the e-mail address of the Primary User or the e-mail address stated by the User in the payer’s details. The Enterprise must pay all received invoices on time before the end of the due date.
8.5. If the Subscription Fee is not paid in full by the date stated in appropriate invoice, the Provider has the right to treat such action (omission) of the Enterprise as a refusal from further use of the Service without separate notice being given by either party. License arising from any unpaid (or partly paid) invoice is automatically canceled the day following the due date of payment stated in the invoice.
8.6. Regardless of any circumstances, the Enterprise is obliged to pay the Subscription Fee for the entire duration of the License.
9. PURCHASE OF SEVERAL LICENSES AND SUB-LICENSE
9.1. The Enterprise has the right to purchase several Licenses, as well as to purchase one or more Licenses, but at the same time not keep its accounting books in the Service. Such situations are special and, therefore, they are subject to the terms and conditions of this Agreement, regarding the nuances specified in this section.
9.2. Each License confers the right to create and to use one Profile. Therefore, the number of Profiles active at the same time cannot exceed the number of paid Licenses.
9.3. The Enterprise is not required to use Licenses only to keep its own books. The Enterprise decides itself what and whose books to keep in each specific Profile without the approval of the Provider (provided that all the provisions of this Agreement are observed).
9.4. The Enterprise that has purchased several Licenses independently enters into an agreement with the Enterprises that use the Service under such Licenses. Such agreement cannot conflict with this user Agreement and cannot impose any additional obligations upon the Provider, assign any rights to use the Service (except maintaining bookkeeping in the Service within the duration of the valid License) or assign any rights in relation to the Provider to the Enterprises, which use the Service, etc.
9.5. The Enterprise, which License is paid by another Enterprise, is not a party to this Agreement. The right to use the Service accrues from the paid License (i.e. a transaction between the Enterprise purchasing the License and the Provider).
9.6. If the Enterprise has a Profile and/or uses the Service under the License paid by other Enterprise, all actions connected with (arising from) the License are performed by the Enterprise that has paid for the License. In other words, for example, the Enterprise that has paid for the License has the right to notify the Provider that the License purchased by it is no longer attributable to a particular Profile, whereby such Profile becomes a Profile without an active License and, consequently, Users of the Profile (and the Enterprise itself which books are kept in this Profile) can no longer use the Service (unless there are other grounds for use, for example, the Enterprise has paid for the License independently, etc.).
9.7. Failure to use a paid License is not the basis for renewal of the unused License and/or complete or partial repayment of the License Fee, etc.
9.8. This section of the Agreement also applies to the cases where, for example, an accounting firm pays for Licenses of its clients, or where a parent company purchases License for its subsidiaries.
Note 1: The Provider advises persons providing the services related to the accounting of any kind, and intending to work with their clients through the Service to contact the Provider directly.
Note 2: Enterprises that wish to have a relationship directly with the Provider are advised to purchase the License by themselves (not to use Licenses purchased by third parties). The possibility to use the Service under own License is available to any Enterprise (whether the Enterprise uses the License provided by third parties or not).
10. INTELLECTUAL PROPERTY
10.1. All intellectual property rights to the software, website of the Service, and all documents pertaining to the software, as well as the Service name, trademark and the text of this Agreement belong to the Provider.
10.2. All data entered by the User remains the property of the Enterprise in which Profile the User enters such data. Data of the Trial Profile has no protection and is not the subject of ownership right.
10.3. No clause or condition of this Agreement can be interpreted as the assignment of intellectual property rights of the Provider.
11. TERM OF THE AGREEMENT
11.1. In relation to the User, this Agreement takes effect from time of registration of the User on the Website.
11.2. In relation to the Enterprise, this Agreement takes effect when the Enterprise acquires a Profile (The trial Profile ceases to be a trial profile, when the First Subscription Fee is paid for it, including in cases where a prepaid License is connected to the Profile).
11.3. In relation to the User, this Agreement is valid while the User is registered on the Website.
11.4. In relation to the Enterprise, this Agreement is valid while the Enterprise has the Profile in the Service.
11.5. In case of refusal of the User to use the Profile, all data of the User will be immediately deleted.
11.6. In case of refusal of the Enterprise to use the Service, the Profile of the Enterprise will be deleted within 30 days of receiving the refusal. The Provider reserves the right to deny the Enterprise a compensation of the amount paid for the remaining period. For the avoidance of any doubt, the absence of active License is considered the Enterprise’s refusal to use the Service; therefore, the Profile without an active License will be deleted after 30 days of the expiration of the License.
11.7. If under any circumstances the Profile does not have the Primary User within 90 days, such Profile is deleted automatically.
11.8. The Provider has the right to terminate this Agreement and cancel the License in case of breach of the terms and conditions of this Agreement, without any compensation and notice.
11.9. The Provider has the right to terminate this Agreement with and/or without cause, by giving 30 days’ notice to the User or the Enterprise.
11.10. If the License for use of the Service expires or is suspended or the Subscription Fee is not paid in due time, access of the Enterprise (and all Users) to data of the Profile will be blocked, and 30 days after the blocking the Profile may be deleted completely.
11.11. For restoration of access to data with the possibility of registration of a new License when the Profile has already been blocked, or if the previous License has been canceled by the Provider due to breach of this Agreement, the Provider reserves the right to charge a fee of 50 euros.
11.12. The accounts of the Users are not restored; the only way for a deleted User to start using the Service is to complete the registration again.
11.13. The Provider reserves the right to restrict the rights of the Users and Enterprises that were once deleted in connection with failure to pay or any other breach of this Agreement to use the Service (right up to denial of re-registration/creation of another account).
12. FINAL PROVISIONS
12.1. This Agreement in its current version, supersedes all previous agreements and/or arrangements granted to the User and/or the Enterprise (whether oral or written) and constitutes the entire Agreement between the Parties in relation to the software and other matters covered by the terms and conditions of this Agreement.
12.2. The Provider is not responsible if the User’s and/or the Enterprise’s expectations do not match actually received services.
12.3. Neither Party will be responsible for any delay or default in its obligations in accordance with this Agreement, if the delay or default arises from force majeure circumstances. This provision does not apply to obligations of the Enterprise to pay in due time any invoices issued to the Enterprise for the provided Service.
12.4. The User and/or the Enterprise have no right to assign or transfer any rights that the User and/or the Enterprise may accrue under this Agreement or that may be otherwise granted to them by the Provider to any other person without the prior written consent of the Provider. The situation described in section 9 hereof (purchase and use of several licenses) does not constitute a breach of this clause.
12.5. All disputes and conflicts between the parties of this Agreement that arise in the course of interaction among the User, Enterprise and Provider, which cannot be settled internally between the parties through negotiations may be tried in court of the Republic of Latvia at the Provider’s location in accordance with the current legislation of the Republic of Latvia.
12.6. The Provider may unilaterally update and/or amend the terms of this Agreement from time-to-time, giving notice of such updates/amendments to all users (and, consequently, all Enterprises) at least one month prior to the effective date of the amended Agreement. If the User and/or the Enterprise do not agree with the updates/amendments, the User and/or the Enterprise has the right to terminate this Agreement unilaterally, by giving notice to the Provider at least two weeks prior to the effective date of appropriate updates/amendments.
12.7. The parties acknowledge that the Provider has the right to communicate (including sending legally binding notices, for example, notices of termination of this Agreement, delay in payment, updates/amendments to this Agreement, etc.):
12.7.1. with the Enterprise, by sending e-mails to the e-mail address of the Primary User;
12.7.2. with the User, by sending e-mails to the e-mail address stated in the User’s account.
The current version of this Agreement was approved by the Provider on September 15, 2021.
If you have any questions or queries please contact us by email: email@example.com