General conditions of Contract for the supply of digital services
BETWEEN THE PARTS
- Enkronos OÜ based in Keemia tn 4 – 10616 Tallinn (Estonia) in the name of its legal representative, from now on Enkronos, on one hand and the present subscriber who places the order on content.enkronos.com web site and accepts these General conditions, in the name of its legal representative, from now on “Client”, on the other hand. Both named as “Parts” from now on.
- Enkronos is a company specialized in the development of digital solutions for others;
- Enkronos in relation to the needs, expressed by the Client, has the technical knowledge and infrastructure capabilities to provide the requested service;
- The Client, evaluated Enkronos offer and intends to use it for the supply of the service and in the listed details and features;
THEREFORE IT IS AGREED AS FOLLOWS
- All the premises and the aforementioned offer are an integral and substantial part of this contract;
- All prices are without VAT.
- Billing: 100% of the start-up at the time of the order, monthly fees start upon delivery, with payment by bank transfer, paypal, BTC, or ETH.
- The delivery of all requested services will be made within the period specified in the offer, following the signing of this contract and with respect for the required time of receiving all the written and graphic materials and specifications approved by the Client.
- The Contract will last one year, with effect from the start of the service date.
- Enkronos, in the provision of the service, will make available to the Client all technical facilities under its jurisdiction. The performance of the service to the users will therefore be recognized only through a legal relationship established directly and exclusively between the user and the Client. The Client is solely responsible for the content and execution of the service, either to the user, to Enkronos or to third parties.
- The service will be made in accordance with the law and / or all the Authority regulations.
- Except as provided by mandatory provisions of law, Enkronos ensures the regularity of the service but remains exempt from any and all contractual and/or non-contractual responsibility for direct and indirect damages (both with reference to the actual damages and to the loss of profit) suffered by the Client and/or third parties as a result: (i) of the use and/or content of the Service, (ii) of events due to decisions of juridical authorities and/or Government, (iii) of cases that depend on the Internet service providers and mobile network operators, (iv) of force majeure or not depending on their will. In any case, regarding all mandatory legal provisions and excluding the cases of willful misconduct and gross negligence of Enkronos, it is agreed with the Client a comprehensive ceiling Recoverability of the damage covered by Enkronos up to maximum of 10% of the Start-up.
- Payments can not be suspended or delayed by claims or exemptions of the Client, whatever the reason. Failure to o time payment can be reason for the termination of the contract.
- The Client will promote the service with advertising and information that will be at their full responsibility and care and will provide a copy of the advertising material to Enkronos. In this publicity and information, the Client will be required to provide his name and/or company name and possible cost of the service provided and shall not refer to Enkronos without having previously obtained the written permission.
- It is agreed that in case of changes in the regulatory framework of the reference and the technical-economic content of the agreement between Enkronos and web and mobile network operators, Enkronos can take changes of technical-economic nature to this Agreement, and promptly inform the Client (in write form).
- The Parties expressly agrees that all the clauses here listed are essential, so the violation of even one of them gives the right to the other Party, where the breach is not remedied within 15 days of the dispute notified by registered letter with acknowledgment of receipt, to temporarily suspend the Service or to request the legal termination of the Contract (by written notice).
- The Parties expressly states that each clause of this contract is the result of negotiations between the Parties themselves.
- With regard to the personal data protection laws and methods, as for GDPR Regulation (EU) 2016/679 the Client states that he has read and he agrees with the process and the manipulation of his own personal data, all within the limits, for the purposes and for the duration specified by the law. In particular, the Client gives consent that his data and the resulting relationships (from this agreement) can be provided, possibly also through the media, such as commercial references of Enkronos (case history).
- For any controversy concerning the interpretation and/or execution and/or termination of this Agreement, the parties agrees the exclusive jurisdiction of the Court of Treviso, Italy.
Tallinn, Estonia, 20th September 2020