General conditions TELLMEE

1.                   Introduction

1.1.              These are the general conditions of EUROKETL SRL (“KETL”) for the use of KETL’s feedback tool (“TellMee”) through the website http://www.tellmee.net  and affiliated domains, as well as the use of other services offered there.

1.2.              These general conditions are for the benefit of KETL, its directors, employees, consultants, vendors and customers.

2.                   TellMee

2.1.              TellMee is a web-based tool that offer support for collecting customer feedback.

2.2.              KETL will execute each assignment to the best of its knowledge and abilities. KETL strives for high quality in the execution of its services. This is a ‘reasonable efforts’ obligation. An obligation of result is not possible, due to the nature of the services.

3.                   Creating an account

3.1.              When creating an account accurate and complete information must be provided, including but not limited to a valid email-address.

3.2.              Please keep account information private and secure, since the customer will at all times be held responsible for any activity on your account. If the customer finds out or suspects a breach of security or unauthorised use of your account, it must notify KETL as soon as possible.

4.                   Subscription, payment, up/downgrading

4.1.              The basic service (as described on the website) is free. Additional services are available on a subscription basis against upfront online payment.

4.2.              Upon renewal of a subscription:

a.                   KETL shall send an invoice for the renewal period (month or year, depending on the current subscription) via the email address used for the registration;

b.                  payment must be received prior to the renewal date;

c.                   KETL may deny access to the services, if it shall not have received payment in full before the renewal date.

4.3.              Changing or terminating a subscription is possible at any moment. Changes (including upgrades and downgrades) will be effective immediately. In case of an upgrade, KETL will only charge the higher fee for the remaining part of the subscription period; in case of a downgrade, the new fees shall apply from the first renewal date (i.e. no refund).

4.4.              In case of a downgrade, data may be lost. KETL recommends to create a back-up before downgrading, to prevent loss of data.

5.                   Confidentiality

5.1.              KETL shall treat the customer’s data as confidential and shall take reasonable measures to safeguard such confidentiality.

6.                   Intellectual property

6.1.              User Content. TellMee displays content provided by others that is not owned by TellMee. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. KETL is not responsible for any actions you take with respect to your Content, including sharing it publicly.

6.2.              Content Review. You acknowledge that, in order to ensure compliance with legal obligations, KETL may be required to review certain content submitted to TellMee to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, KETL otherwise has no obligation to monitor or review any content submitted to TellMee.

6.3.              KETL shall keep all intellectual property rights to the website, the services offered there and the underlying software. The customer shall not infringe any such rights (for example, by offering a similar service, building similar software, decompiling software, etc.)

6.4.              KETL does not give any warranty regarding its services (e.g. absence of viruses, malware, conflicts with other software, availability, reliability, etc.).

7.                   Data protection

7.1.              KETL shall use its reasonable endeavours to comply with the applicable regulations on data protection.

7.2.              KETL shall not sell name, address or email addresses to any third party.

7.3.              KETL may use the email addresses to send emails with respect to its services.

 

8.                   Changes and Updates

8.1.              Ketl may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to TellMee, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. Ketl may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Ketl to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

 

9.                   Duration and termination

9.1.              The free service is available for a limited period of time, and is subject of change. Paid services shall be available for the duration of a subscription.

9.2.              KETL may deny access to a customer in case of improper or inappropriate conduct.

9.3.              KETL reserves the right to discontinue the service (as a whole). In such case, KETL shall not be obliged to make a refund.

10.               Force majeure

10.1.           In case of force majeure, KETL may suspend its services. Force majeure shall not relieve the client of any payment obligation.

11.               Liability

11.1.           KETL shall only be liable in case of wilful intent or gross negligence of KETL or its directors. In all other cases, KETL shall not be liable, unless indicated otherwise below.

11.2.           KETL shall never be liable for (a) consequential damages, including (but not limited to) loss of turnover or profit and/or (b) damages that are the result of an act or omission of a third party (even if KETL provided a link to such third party or used a third party plug-in).

11.3.           If, and to the extent that, KETL shall be liable, its liability shall be limited to EUR 500.

11.4.           A claim for damages must be submitted forthwith and will lapse one year after the earlier of (a) the occurrence of the event that caused the damages or (b) the termination of the assignment.

12.               International use

12.1.           The client agrees to adhere to the provisions of applicable local law.

13.               Miscellaneous

13.1.           These general conditions may be revised or amended by KETL. In such case, KETL will alert the client a set of the revised general conditions. The most recent conditions are available at http://www.tellmee.net .

13.2.           Neither party can transfer any of its rights or obligations under an offer, an agreement or under these general conditions without the prior written consent of the other party. The client hereby grants its irrevocable and unconditional consent for the transfer by KETL of all its rights and obligations under an agreement (including these general conditions) as part of an integral transfer of its activities to a third party.

13.3.           If a provision under this agreement of these general conditions shall not or no longer be valid or enforceable, such provision shall be deemed to have been replaced by a valid and enforceable provision that is closest to the original provision in terms of purpose and scope.

13.4.           If the text of a provision in the agreement or in these general conditions is not sufficiently clear, the purpose of these general conditions (protection of the legal position of KETL) shall prevail in the interpretation of such provision. The contra preferentem rule shall not apply.

13.5.           If the agreement or these general conditions do not contain a full arrangement for a certain situation, the purpose of these general condition shall prevail.

13.6.           If KETL should not always strictly enforce a right under the agreement or these general conditions, this shall not imply that KETL would waive such right.

 

14.               Disputes

14.1.           Romanian law is applicable.

14.2.           Any disputes will be submitted to the Iasi, Romania district court.