Preamble
Welcome to HDVVE LTD (“the Company”). This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms and conditions that govern your use of our website and services. By accessing or utilizing our website or any of the services provided by the Company, you, the user, hereby agree to abide by and be legally bound by this Agreement. It is imperative that you read this Agreement carefully. Should you not concur with any part of this Agreement, you are advised to refrain from using the Company’s website and its associated services.
Article 1: Scope of Services
Section 1.1: Software Solutions Consultation and Development
The Company offers consultation, development, sales, configuration, maintenance, support, training, and remote monitoring services for individual software solutions in the areas of operating systems, office applications, virus protection, backup, web design, and hosting.
Section 1.2: Remote Customer Support and Service
The Company pledges to provide exemplary customer service to address any questions, concerns, or queries you may have. Support shall be available through email and other remote communication technologies.
Article 2: Fees and Financial Obligations
HDVVE shall receive compensation for its services in consulting, developing, selling, configuring, maintaining, supporting, training, and monitoring individual software solutions (“the Compensation”), as well as reimbursement for expenses incurred in the execution of the order.
The parties shall agree upon the Compensation at the time of order placement, unless the Compensation is evident from the pricing overview. If an agreement on the amount of the Compensation is not reached, it does not affect the validity of the order. In the absence of an agreement on the amount of the Compensation, including in cases of changes to the order, HDVVE is entitled to determine the amount of the Compensation at its reasonable discretion. This determination will take into account the Compensation typically agreed upon and/or billed by HDVVE in comparable cases.
Expenses are to be reimbursed to HDVVE LTD in the amount incurred, even if their amount was not known at the time of the contract’s formation. HDVVE LTD will provide proof of the reason and amount of the expenses when billing.
If the client cancels or revokes the order before HDVVE has provided any services, the client is obligated to pay an amount equal to 30% of the agreed Compensation to HDVVE.
If the client cancels the order after HDVVE has already begun executing the order, the entire agreed Compensation becomes due for payment.
The Compensation becomes due for payment upon billing by HDVVE and in the cases of termination as mentioned in previous clauses, but at the latest upon the complete provision of services by HDVVE.
HDVVE will issue an invoice for the Compensation.
HDVVE is entitled to bill the Compensation before the execution of the order and may request full or partial payment of the Compensation before the order is executed.
The Compensation is exclusive of any applicable sales tax, should such tax be applicable.
Article 3: Disclaimers and Limitation of Liability
The Company shall not be held responsible or liable for any delays, non-performance, or non-completion of software development projects or services undertaken by the Company. The user acknowledges that the nature of software and IT services involves risks and uncertainties, and therefore, the Company cannot guarantee the completion, timeline, or uninterrupted functioning of any software solution or service provided.
In the event of a delay, failure to perform, or non-completion of a software project or service by the Company, the user’s sole and exclusive remedy shall be to seek recourse through the customer support provided by the Company. The Company shall have no obligation to provide a refund, compensation, or undertake any corrective action in relation to such delays, non-performance, or non-completion, except as may be expressly provided in any specific service agreement.
The user hereby releases, indemnifies, and holds harmless the Company, its agents, employees, and affiliates from any and all claims, liabilities, damages, and/or costs arising from or related to the performance, non-performance, delay, or non-completion of software projects or services provided by the Company.
Article 4: Amendments
The Company reserves the right, according to the laws in Delaware, to modify or replace this Agreement at any time. Such amendments will become effective immediately upon posting on the website.
Article 5: Governing Law and Jurisdiction
This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.
Article 6: Contact Information for Queries
For additional information or clarification on this Agreement or any related matter, please direct your inquiries to: info@hdvve.com.
Effective Date
This Terms of Use Agreement is effective as of the date the user engages with the services of HDVVE LTD.
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