Terms and Conditions for all digital properties of Accutech Services LLC and PNAPNA SAAS
This, Terms and Conditions (“TAC”) document, governs the contractual framework/conditions between Accutech Services LLC, and or the lawful owners, that owns several domains (URL), also known by its brand name “PNAPNA” (PNP) and all websites owned collectively by PNP, and the contractual partner of PNP (“Customer”) in connection with the provision of the Software for its use via the Internet (SAAS - “Software-as-a-Service”). The Customer accepts the version of a digital property (URL) owned by PNP, in, as is condition offered; and this TAC is an integral part of all existing and/or future contractual arrangements between the Customer and PNP in connection with the provision of Software/Service for use via the Internet/world-wide-web (WWW). This TAC shall also apply, irrespective of, whether it is, or is not expressly referred to, in the description of for any Self Service Plan (“User Plan”) offered by PNP. Any addition to TAC/agreement, needs PNP’s written approval. Such additional provision, cannot have any prejudicial effect on TAC, between contractual parties. Additional provision, contrary to TAC, is expressly rejected/excluded. TAC will prevail over all other additional provisions.
PNP shall provide the digital property/Software product, named/described in PNP’s Self Service User Plan (“Software”) to the Customer for its use via the internet (“Service”) to operate on their personal computer. The Customer has no other right, such as ownership, copyright, patent, trademark, royalty, or usage etc. PNP’s Software shall be deployed/operated from/on computers/servers center leased by PNP in USA. For the duration of this Agreement, the Customer is given a non-exclusive/non-transferable right to access/use this Software through a browser and an internet connection, exclusively for their commercial or professional activity. Customer provides an internet connection between PNP’s computer center and hardware and Software required for this purpose (e.g. PC, Network connection, ISP, Browser, OS etc). PNP does not provide Services via other means/channel like for Mobile Apps, etc or meant for mobile hardware/instruments. The right of use is limited to the number of usage units booked by the Customer under the respective User Plan. Any sub-licensing or further licensing of the Software is prohibited. The Customer has no right to a copy or a backup of the Software. All rights of the Software or the Service over and above the right of use as defined in these TAC remain fully with PNP. PNP may not offer Service to anyone, and may terminate/cancel it, without prior notice.
Customer will not, directly or indirectly, reverse engineer, De-compile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, logic, know-how or algorithms relevant to the Services or any Software, documentation or data related to the Services; modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by PNP or authorized within the Services); or remove any proprietary notices or labels.
PNP cannot guarantee the availability of the Service at all times and the absence of any other disruptions and interruptions to the functioning. PNP shall provide the Services to the Customer, as interruption-free as possible. The Customer shall notify PNP of any disruptions to the Service without delay and provide information regarding the details of the circumstances of the issue. PNP shall remedy the disruption to the Service within an appropriate period. PNP is entitled to circumvent the disruption to the Service utilizing a workaround solution if the cause of the disruption itself is only to be remedied with the appropriate expense and the usability of the Service is not significantly negatively affected.
The Software is provided as a DIY (Do it yourself) Service. PNP may provide some limited ad hoc support on a case by case, basis. The support shall not include, general know-how, transferring, training, configuration implementation of Customer-specific documentation, or modification of the Software. Self service Support for the Customer is to be carried out by the Customer from forums, Help documents, tutorials, etc on the website, and or possibly by an email to [email protected] PNP may provide the support Services during working hours from Monday to Friday between 9.30 AM and 4.00 PM USA EDT. Legal holidays are excluded. Inquiries received outside of these support times shall be regarded as received on the following working day. Paid support Services are available for an additional fees as per PNP support/maintenance plans.
PNP may modify the Software (Services, including system requirements) for adapting to new technical or commercial market conditions and for a good cause. Such Services shall be deemed to be valid, if the modification is required due to:
a) A necessary adaptation to a new civil/legal challenges or a case law;
b) Changed technical framework conditions (new browser versions or technical standards);
c) Protection of the system’s security, or;
d) Further development of the Software (disabling old functions, replaced by new).
Word “Lifetime”, shall mean, the life of a particular version of the Software or Services sold, leased, or rented (as in SAAS) and is, not of, any person, nor any entity. Each version of the software has a life of its own. PNP agrees to maintain that version of Software or Service (including an updated version, if any, for the remainder part of that term) for, at least one year from the date of original sale or renewal. However, after one year of existence of that version of the Software or Service; or when the original version is deprecated, PNP may not maintain that version of Software/Service, and the lifetime period of that version of the Software/Service, sold/leased/rented will be deemed to have been concluded/fulfilled upon completion of one year or deprecation, which ever comes later.Payment for additional/ancillary Services such as, for extra disk space/usage etc, later, does not extend the lifetime Service period.
Word “Meaningful”, shall mean that the Customer shall use the Service substantially for the purposes, it is intended for, by themselves and not employ an automation Software, or by bots used to replace the Customer’s human involvement.
PNP is entitled to involve third parties in its operations. This shall, in particular, apply to hosting Services, maintenance contractors, affiliates and other Service providers etc. PNP shall not accept any liability for the Services of third parties involved to the extent legally permissible.
For the use of the Software during the contractual term, the Customer shall owe PNP for (the license, Service and maintenance) according to the respective User Plan, when ordered.
A valid Credit card/Payment method is required from Customers of paying accounts. Customers of trial accounts may not be required to do so. Trial accounts are not full featured plans. An upgrade from the free trial plan to any paying-plan will end the free trial. The Customer will be billed for it, immediately upon upgrading. The Service for the Basic Period is billed in advance. If the Customer’s agreement is not terminate by an ordinary or extraordinary means, the Service will be billed for the Extension Period in advance at the end of the invoice cycle and is not refundable. There will be no refunds or credits for partial periods of unused Service. The Customer can upgrade or downgrade anytime. For the upgraded or downgraded plans, the Customers Credit card/Payment method will automatically be charged at the new rate on the next billing cycle. Downgrading of the Service may cause the loss of content, features, or capacity.
All prices exclude applicable taxes such as sales tax, etc. The Customer is responsible for all taxes.
If the Customer defaults on the payment of fees, PNP is entitled to block access to the Service or extraordinarily terminate the contractual relationship. The Customer shall have no access to their data, during the blocked period. PNP may delete all data, after 5 days of non-payment.
Customer agrees that PNP may use a mix of proprietary, leased and or open source codes/Software/content/materials. The fees paid by Customer to PNP are for the expenses, such as manpower to develop and maintain its proprietary Software, equipment/servers, overhead and operating expenses, etc, and are not for any benefit/Software/Services received from/of free sources or open source codes etc used in PNP bundles/Services.
The Customer is exclusively entitled to the data input, generated thereby and allocated to the Customer and the end-users of Customer in the context of the use of the Software (“Customer Data”). Customer shall own all rights, title, and interest in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to Customer as part of the Services. PNP shall own and retain all right, title and interest in and to (a) The Services and Software, all improvements, enhancements or modifications thereto, (b) Any Software, applications, inventions, or other technology developed in connection with implementation Services or support, and (c) All intellectual property rights related to any of the foregoing. The provisions of this Section shall survive any termination of this Agreement.
In the context of PNP’s marketing activities and in the preparation of its offers for projects of other Customers, PNP is entitled to refer to the projects realized by it for the Customers and to document same, subject to the justified confidentiality interests of the Customers. PNP is entitled to publish in the context of marketing activities, in reference to the business relationship on PNP’s website with the name and corporate logo of the Customer.
The Customer shall release PNP and involved third parties of all third-party claims that may arise from
(a) Unlawful use of the Software by the Customer and/or, by third parties, with or without the consent of the Customer
(b) Disputes arising from data protection laws, copyright laws or other legal disputes associated with the use of the Software. Customer hereby agrees to indemnify and hold harmless PNP against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorney fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services. In the assertion of relevant claims, the Customer is obligated to notify PNP thereof in writing without delay. In this case, PNP may block the Service to the Customer without providing a grace period. Compensation claims by the Customer for blocking of the Service is denied.
PNP shall not accept any liability whatsoever to the extent legally permissible, in particular for
a) Arising from the Customer’s violation of the contractual obligations
b) Caused by PNP ’s involved third parties or support persons
c) Due to viruses
d) As a result of malicious code;
e) After a hacker attack
f) After a Software error
g) After an error in the operating system, disruptions to operations as a result of fault remedy, maintenance, infrastructure modifications, the introduction of new technologies
h) After a faulty Service pack from another manufacturer
i) As a result of data losses.
2) Indirect or subsequent damages such as profits foregone, savings not realized, or third-party claims.
Except as represented in this agreement, the Software and or the Services of PNP are provided “as is” and is only a DIY Service. Other than as provided in this agreement, PNP makes no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranty of merchant-ability and warranty of fitness for a particular purpose.
The User Plan is concluded for a particular term (monthly or yearly etc) depending on the Customer’s order (“Basic Period”) and shall thereafter extend automatically by the same period (“Extension Period”) if the contractual relationship is not ordinarily or extraordinarily terminated by one of the contractual parties. The provisions of termination shall apply as aforesaid concerning a reduction in usage units during the term.
a) Ordinary termination: The contractual relationship may be terminated by any of the contractual parties at the end of the Basic or an Extension Period.
b) Extraordinary termination: PNP may extraordinarily terminate the contractual relationship for good cause at any time and with immediate effect. Good cause entitling PNP to extraordinary termination shall include, in particular: if the Customer violates its contractual obligations insofar as the defect was not remedied by the Customer within 5 days if the Customer defaults on the payment of fees; and or if insolvency proceedings are instituted against the Customer.
At the end of the contractual relationship and upon written request by the Customer, PNP may provide a copy of the Customer’s data saved on its servers as of the date of the end of the contractual relationship on a customary data carrier or by electronic transfer and in a customary format. At the end of the 5 days from the end of the contractual relationship or upon request by the Customer already before this period, PNP shall delete the data of the Customer saved on its servers finally and in full. This action may be subject to mandatory legal retention obligations. PNP is not obligated to surrender its data to the Customer in deviation to these provisions (in particular relating to time, format, or migration). Any surrender of the Customer’s data shall require a separate remuneration to be paid by the Customer to PNP for this Service.
Free Accounts: Unless operated meaningfully, at least once, in every 30 days duration, the free account and all its data stored therein, shall be deemed to have been abandoned and shall be deleted entirely, without any notice, or recourse for recovery of data. Excessive requests or its abuse, as we deem to be inappropriate, shall result in account termination without any warning.
Paid Accounts: Unless renewal fee is paid, before, the expiration of the current subscription date, even when the fee is not received on account of the Customer’s payment gateway, is deemed to be a “Closed Account”. PNP does not store the Customer’s data beyond the date of the expiration of the subscription and all data is automatically deleted without any recourse for recovery.
All accounts, including but not limited to; free, lifetime, trial, and or paid accounts, etc are subject to a disk storage size and or usage of servers bandwidth, data transmission limits, etc as provided in their accounts. Subscriber must pre-pay in advance for additional fee, as provided in their agreement or the current price structure when the subscriber is about to exceed their limits on data storage and or its transmission limits beyond about 80% of their limit size or minimum two work days before the end of its limits. To enjoy uninterrupted Service, the subscriber must have prepaid, or have provided for advanced billing options, and this billing must materialize promptly.
If no such arrangements have been made, the Service may be interrupted until such time that the additional charges are paid. The account shall be deemed closed and the data shall be deleted that are unpaid accounts for this reason, beyond 5 days of the interruption of Service.
Customer agrees that PNP incurs a fixed cost, regardless of the Customer’s usage. Parked or dormant accounts, not in use, in excess of 30 days, are not permitted by PNP. All Customers including prepaid accounts/deposits agree to use the Service meaningfully, at least once, in every 30 days cycle period. If the account that has prepaid/deposited for the Service but is not used meaningfully for 60 consecutive days, shall be deemed to have been abandoned and the account’s data shall be deleted on the 61st day of the last meaningful use. No refunds are due to the Customer in such condition.
The contractual partners obligate themselves and their employees and involved support persons reciprocally to maintain the confidentiality of all agreements between parties.
PNP shall publish amendments in TAC on PNP websites. Customer’s entry into or use of the Service after the amendment is published, shall constitute Customer’s consent to such new amendment. Any amendment to the TAC shall come into force, upon publication, unless the Customer objects to it, within 5 days in writing after publication. PNP can terminate the contract and refund the balance of the apportioned subscription, due to disagreement on TAC amendment.
The offsetting of any claims of PNP against counterclaims of the Customer shall require the prior written consent of PNP. The Customer can not assign any claims from the contractual relationship with PNP to third parties, in whole or in part, including, to any sub-Group or subsidiary.
The place of performance shall be the registered offices of PNP and written/electronic mail shall the method of communications between parties. Phone/text messages are not a legal mode.
Should any individual provision of TAC, be deemed invalid, incomplete, or should its performance be difficult, it shall not negatively affect the validity of the remaining provisions of TAC. Invalid provisions may be replaced by an admissible, valid provision that is as close as possible to the content of the original in terms of its intent by PNP.
The contract is deemed to be in-force, when PNP receives payment/initiates acknowledgement.
The parties agree to resolve disagreement, if any, in good faith. If not, then the jurisdiction for the settlement of disputes shall be, Middlesex County, NJ under USA laws, or any other location of PNP’s operations under that other location’s laws, upon PNP’s choosing. Irrespective thereof, PNP is entitled to take action against the Customer, at the Customer’s place of jurisdiction. Customer agrees that (i) Liability of PNP, if any, will end on the date, when the Service ends, (ii) Time to take a legal action by Customer for any recourse against PNP, ends 365 days after the Service ends and (iii) Maximum liability amount, of PNP, is equal to total payments by the Customer to PNP.
In the event of a possible discrepancy in the translation of TAC to other languages, which may not be exactly the same in intent or meanings, then, English words from a USA dictionary, shall prevail.
Customer agrees that PNP recognizes, all Trade marks and IP rights of others, used in PNP Services, to be the sole property of their owners only, and PNP does not claim any inference from them.
Except for the free-trial-period-Customers, if the paying Customer waives the money back guarantee/trial period, if any, before the end of 3 continuous days, after its initiation, paying Customer will still have a minimum of 3 full days (Cooling off period) to cancel this contract of Service after initiation and the Customer be not responsible for fulfilling their obligation for the duration. However in all cases, regardless of when the paying Customer cancels the Service, the paying Customer, shall be entitled to a refund, only after the deduction of PNP’s expenses incurred, in their account setup as follows.
PNP, incurs certain costs in creating a full featured account, Software setup, handling and or shipping and or finance/transaction charges deducted by PAYPAL/bank, etc or paid to other agents like affiliates, etc, opportunity or other losses suffered that are deemed necessary before the Service was initiated/provided, which are not returnable/non-refundable. The minimum fee for handling an account is $30.00 which is not returnable/nonrefundable.
Customers/Users/subscribers understand that PNP is not the sole or the original provider of its Services and goods. PNP relies on third-party Service providers, including but not limited to; such as hosting servers and or technology providers which may, still be in the testing process and may be far from being considered as usable. Technology and or our Services and its purveyance have their restrictions and limitations. PNP shall not be responsible for providing any higher level of Service. No refunds are provided or returns are accepted for this limitation.
Subscription paid for the Services of less than 33 days are not returnable. Part of the subscription fee paid for periods longer than 32 days may be refunded provided the minimum handling fee of $30 and standard tariff for Service provided for the time used by the subscriber and other expenses are deducted in full. Balance amount, if any, is refunded to the subscriber after 30 days to the same account/currency/channel used when paid originally.