Adept Project Share Service
1. Agreement.
This is a contract between you and the ADEPT COMMUNICATIONS Sometimes the ADEPT COMMUNICATIONS referenced in is referred to as "ADEPT COMMUNICATIONS," "we," "us" or "our". This contract applies to ProjectShare or other ADEPT COMMUNICATIONS software or services, including updates, that display or link to this contract and that you use while this contract is in force. All of the software or services are referred to in this contract as the "service."
Please note that we do not provide warranties for the service. The contract also limits our liability.
2. When You May Use the Service.
You may start using the service as soon as you have finished the sign-up process. No withdrawal right or other "cooling off" period applies to the service and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even when a service starts right away.
3. How You May Use the Service.
In using the service, you will:
4. How You May Not Use the Service.
In using the service, you may not:
5. You Are Responsible For Your Service Account.
Only you may use your service account. For some parts of the service, we may notify you that you may set up additional member accounts that are dependent on your account (an "associated account"). You are responsible for all activity that takes place with your service account or an associated account. You may not authorize any third party to access and/or use the service on your behalf except where ADEPT COMMUNICATIONS provides a mechanism for third parties to access the service on your behalf.
6. If You Are an Associated Account User.
If you are the user of an associated account, then the holder of the service account has full control over your associated account. This control includes the right to end the service, close or alter your associated account at any time, and, in some cases, to request and receive machine and service use information related to your associated account.
7. If You Pay ADEPT COMMUNICATIONS.
7.1 Charges.
This section 7 applies in all situations in which you directly pay us. If you pay a company other than us for the service, then the charges and billing terms are as stated by the other company. Even if you do not pay for the service, you may still incur charges incidental to using the service; for example, charges for Internet access, mobile text messaging, or other data transmission.
7.2 Payment.
When you create a billing account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign up or use while this contract is in force. Billing of service charges to your payment method may occur (a) in advance; (b) at the time for purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. We may charge you a different amount than what you approved. If it is a greater amount, we will tell you the amount and the date of the charge at least 10 days before we make the charge. Also, we may charge you up to the amount you have approved, and we will notify you in advance of the difference for recurring subscription services. We may bill you for more than one of your prior billing periods together. If we informed you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.
7.3 Updates to Your Billing Account.
You must keep all information in your billing account current, including your billing address and the expiration date of your credit card. We don’t save any account information on our server.
7.4 Trial Period Offers.
You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service.
7.5 Prices and Price Increases.
The price for the service
excludes all taxes and phone charges, unless stated otherwise. You are responsible
for any taxes that you are obligated to pay or that we may collect from you. You
are responsible for all other charges (for example, phone charges). Currency exchange
settlements are based on your agreement with your payment method provider. We may
change the price of the service from time to time, but we will tell you before we
do.
If you do not agree to these changes, then you must cancel and stop
using the service before the changes take place. If you cancel your service, then
your service ends at the end of your current service time length or, if we bill
your account on a period basis, at the end of the period in which you cancelled.
7.6 Refund Policies.
Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable, and the costs of any returns will be at your expense.
7.7 Online Statement; Errors.
If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge.
7.8 Canceling the Service.
You may cancel the service at any time, with or without cause. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account.
7.9 Late Payments.
Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time.
8. Your Content.
The data which are entered by you belongs to you. If you want a copy of the data, you must contact support@adept.dk on agreed fixed price.
9. Privacy.
Your data and personal information will under no circumstances shared with third party.
11. Software.
If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, or unless otherwise stated in this contract, then we grant you the right to use the software only for the authorized use of the service on that number of computers stated in your service offer. We reserve all other rights to the software.
12. WE MAKE NO WARRANTY.
We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. We and our affiliates, resellers, distributors and vendors (collectively, the "ADEPT COMMUNICATIONS parties") give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
13. LIABILITY LIMITATION.
You can recover from the ADEPT COMMUNICATIONS parties only direct
damages up to an amount equal to your service fee for one month. You cannot recover
any other damages, including consequential, lost profits, special, indirect, incidental
or punitive damages.
14. No Third Party Beneficiaries.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
15. We reserve the right to discontinue the service in terms of Maintenance. In that case we will notify you in a timely fashion.