TERMS AND CONDITIONS
These Terms and Conditions ("Agreement") governs the use of the
website (the “Website”) and the
services ("Service") that are made available by MSoftix Group d.o.o. ("we" or "us"). These Terms and Conditions represent the
whole agreement and understanding between us and the individual
or entity who subscribes to our service ("Client" or "you").
PLEASE READ THIS AGREEMENT CAREFULLY.
By submitting your application and by your use of the Service,
you agree to comply with all of the terms and conditions set out
in this Agreement. We may terminate your account at any time,
with or without notice, for conduct that is in breach of this
Agreement, for conduct that we believe is harmful to its
business, or for conduct where the use of the Service is harmful
to any other party.
We may, in our sole discretion, change or modify this Agreement
at any time, with or without notice. Such changes or
modifications shall be made effective for all Clients upon
posting of the modified Agreement on the Website. You are
responsible to read this document from time to time to ensure
that your use of the Service remains in compliance with this
We offer Clients assistance in creating and managing campaigns
dedicated to optimizing revenue generation. Such assistance
includes but is not limited to defining KPIs for online
marketing, discovering mediums and explaining of how to use
them, distributing content throughout worldwide, maximizing your
online marketing ROI.
Services are provided on the basis of facility and equipment
availability. We reserve the right to modify, change, or
discontinue any aspect of the Services at any time.
Details regarding the Services may be found at the Website.
3. Service Fees / Payments / Invoices
All our fees and charges are quoted and billed in US Dollars
unless otherwise noted.
We may take any reasonable action to validate your payment and
registration information, and collect all payments due. You
agree to pay all attorney and collection fees arising from any
efforts to collect any past due amounts from you, to the extent
allowed by law.
Service fees are due at the time of order or on the day of
renewal. All fees must be paid in full.
Invoices for all our services will be sent at the end of the
relevant reporting period
Billing inquiries and disputes should be brought to our
attention within 30 days of the invoice date. Failure to do so
will be deemed to be an admission that the invoice and charges
4. Termination / Plan Change / Refund Policy
We may terminate your Service immediately under the following
circumstances (non-exclusive list):
- Non-payment of fees;
- You are in breach of any term or condition of this
- Your use of the Service disrupts our business operations or
affects any other party;
This Agreement may be terminated by each party by a 30 calendar
days prior written notice to another party.
We do not allow the use of unsolicited commercial email ("Spam")
to promote products or services. Any Client engaging in the
sending of Spam through our network or promoting information on
websites hosted by us will be considered in breach of this
Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with Canadian and
US laws, and the laws of your country at all times.
You agree that, unless other instructions are posted on our
Website, any notices required to be given under this Agreement
will be deemed to have been given if delivered by email or fax,
or sent by registered mail or by courier to each of the parties
in accordance with the most current contact information you have
provided to us, and the contact information for us posted on the
Website. All notices shall be effective upon receipt, except
that email and fax notices shall be effective upon transmission.
safeguarding, collection and use of Clients' personal
time to time, and such changes are effective upon posting of the
modified policy to the Website
Email newsletters will only be sent directly by us. Client
information will not be disclosed or sold to any third parties.
We reserve the right and sole discretion to:
9. Limitation of Liability
Suspend the Service at any time for any duration of time
when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily
suspend the Service for technical reasons or to maintain
network equipment or facilities.
The Service is provided on an "as is" and "as available" basis
and the use of the Service is at your own risk. We make no
representations or warranties, either expressed or implied, with
respect to the Service, or any service or information provided
through the Service. We are not responsible for any damages,
injury or economic loss arising from the use of the content or
Service provided by us.
In no event will we be liable to you for any direct, indirect,
incidental or consequential damages or economic loss arising out
of the Service or in connection with your website or any other
Services or products provided to you.
We, our officers, directors, owners, agents and employees shall
in no way be liable to you or anyone else for any loss or injury
resulting from the use of the Service or of your website.
In no event shall we be held liable for any damages or economic
loss, whatsoever, as a result of notifying any official of
potentially illegal content on your website, or for providing
copies of your data files to the appropriate authorities or
cooperating with law enforcement efforts to locate persons who
have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold us our affiliates, sponsors,
partners, directors, officers and employees harmless from and
against, and to reimburse us with respect to, any and all
losses, damages, liabilities, claims, judgments, settlements,
fines, costs and expenses (including reasonable related
expenses, legal fees, costs of investigation) arising out of or
relating to your breach of this Agreement or use by you or any
third party of the Services.
We will not be liable for any delay, interruption or failure in
the provisioning of services if caused by acts of God, declared
or undeclared war, fire, flood, storm, slide, earthquake, power
failure, the inability to obtain equipment, supplies or other
facilities that are not caused by a failure to pay, labor
disputes, or other similar events beyond our control that may
prevent or delay service provisioning.
12. Unenforceable Provisions
If any part of this Agreement is found to be invalid or
unenforceable under applicable law, such part will be
ineffective to the extent of such invalid or unenforceable part
only, without affecting the remaining parts of this Agreement in
The rights and obligations of the parties pursuant to this
Agreement are governed by, and shall be construed in accordance
with, the laws of England and Wales.
You may be subject to other local, provincial or state and
national laws. You hereby irrevocably submit to the exclusive
jurisdiction England for any dispute arising under or relating
to this Agreement and waive your right to institute legal
proceedings in any other jurisdiction. We shall be entitled to
institute legal proceedings in connection with any matter
arising under this Agreement in any jurisdiction where you
reside, do business or have assets.
We do not accept agreements and payments from persons under the
legal age of 18 years. By submitting your account application,
you confirm that you are over 18 years of age or your parent or
legal guardian has agreed to accept this Agreement on your
No waiver of any of the provisions of this Agreement will be
deemed to constitute a waiver of any other provision nor shall
such a waiver constitute a continuing waiver unless otherwise
expressly provided in writing duly executed by the party to be
This Agreement, as may be updated from time to time and posted
at the Website, represents the complete agreement and
understanding between us with respect to the Service and
supersedes any other written or oral agreement.
Effective as of September 14, 2018