General Terms and Conditions
This document outlines the General Terms and Conditions agreement governing the ongoing business relationship between the "Provider" and the "Client." By accessing or using the services provided by the Provider, the Client agrees to these terms.
1. Definitions
- Account: A software account enabling access to the Provider’s services.
- Agreement: This General Terms and Conditions document, including all Annexes and Policies.
- Business Day: Any weekday excluding public holidays in Malta.
- Office Hours: 9:00 AM to 5:00 PM (GMT+2) on a Business Day.
- Client: The end-user contracting services from the Provider.
- Contract of Sale: Agreements for the sale of goods or services governed by these terms.
- Data Processing: Any operation performed on personal data, as defined by applicable data protection laws.
- Data Subject: Individuals whose personal data is processed under this agreement.
- Data Protection Laws: All laws governing the processing of personal data, including GDPR and the Data Protection Act (Malta).
- Force Majeure Event: Events beyond reasonable control, such as natural disasters, cyber-attacks, or legislative changes.
- Services: The products or services provided by the Provider.
- Support Services: Assistance in using and managing the goods or services provided.
- Terms and Conditions: This document outlining the mutual rights and obligations of both parties.
2. General Provisions
- The Provider acts as an independent contractor and is not an employee, agent, or partner of the Client.
- Subcontracting: The Provider may subcontract portions of the Services but remains responsible for their performance.
- Term: This agreement is valid indefinitely until terminated by either party in accordance with these terms.
3. Sale of Goods and Services
- Separate agreements for goods or services will be regulated by these General Terms and Conditions.
- In case of conflict, the specific Contract of Sale will take precedence.
- Title to goods remains with the Provider until full payment is received.
4. Liability
- The Provider is not liable for indirect, incidental, or consequential damages, including loss of profit or data.
- The Provider’s total liability is limited to the fees paid for the directly affected service.
- The Provider does not warrant third-party products or services; warranties from suppliers apply directly to the Client.
- The Provider offers a minimum statutory warranty on hardware of one (1) year, except where otherwise agreed.
- The Provider does not provide warranty on Apple products resold by it. However, a receipt from the Apple distributor will be provided to the Client for warranty claims directly with the official Apple distributor.
5. Data Protection
- The Provider complies with applicable Data Protection Laws.
- The Client is responsible for ensuring lawful data collection and maintaining backups of their data.
- Data breach protocols are followed as per GDPR requirements.
6. Termination
- Either party may terminate this agreement with 180 days' prior written notice.
- The Provider reserves the right to terminate immediately in case of breach or legal compliance issues.
- Payments for work-in-progress or ongoing services are non-refundable.
7. Dispute Resolution
- Parties will attempt to resolve disputes amicably within 30 days of notification.
- Unresolved disputes will proceed to mediation within 10 days of agreement on a mediator.
- The agreement is governed by the laws of Malta.
8. Amendments
- The Provider reserves the right to amend this agreement. Clients will be notified of changes via email or platform alerts.
- Continued use of services after amendments indicates acceptance.
9. Notices
- Notices will be sent via email:
- Client: The email address provided during registration.
- Provider: [email protected].
- Notices are deemed received unless the sender is informed otherwise.
10. Commitment to Pay
- Email confirmation of services by the Client will be taken as a binding commitment to pay the fees specified within the email. This confirmation constitutes acceptance of the fees and terms outlined in the Provider's communication.
- Payment for services must be made by card directly through the Provider's portal. Cheques are not accepted as a form of payment.
- Notices will be sent via email:
- Client: The email address provided during registration.
- Provider: [email protected].
- Notices are deemed received unless the sender is informed otherwise.