1. TERMS AND DEFINITIONS
1.1. System - Ezefs software service.
1.2. Program - computer software, the exclusive right for which is owned by the Operator, located at the address ezefs.com on the Internet and provided for the independent primary accounting.
1.3. Program Update - computer software, altering, replacing and/or supplementing the Program and/or its component elements. All Program Updates are the integral component elements.
1.4. The official web site of the System - the site, which contains the System, the packages, the terms and other information necessary for work.
1.5. Registration page - the Internet page at the address ezefs.com, used to enter the information during registration of the user.
1.6. Acceptance of the terms of use - full and unconditional acceptance of the Terms by way of performing all actions specified in subsection 2.2.
1.7. Service - a service, provided by the System for Customer in online mode.
1.8. Consultation - consulting the user about the opportunities of the System.
1.9. Plan - a selection of the software, provided by the System.
1.10. Functional - a set of tools.
1.11. Database - information entered by the Customer into the System.
1.12. Term of service - the period of 30 days, during which the Customer uses the selected plan.
1.13. User charge - fee, collected for the period of using the service.
1.13. Contractor - legal entity possessing all rights for the System.
1.15. Customer - legal or physical entity, registered in the System.
1.16. Parties – the Contractor and the Customer.
1.17. User - a person, to whom the Customer provided an opportunity to use the System.
1.18. Login and password - the entry information created by the Customer with the purpose of safety.
2. THE RIGHT OF USE
2.1. The Customer is provided with the non-exclusive rights of using the System on a basis of the selected plan.
2.2. A confirmation of the user charge transfer to the Contractor’s banking account is the unconditional confirmation of accepting the Terms of use and fully complying with them thereof.
3. PROVISION OF SERVICES
3.1. The Customer is bound to review the services provided by the System, the prices on the official site of the System.
3.2. The Customer shall be held solely liable for the information entered into the System, for the use of the login and the password.
3.3. Actions, performed in the System with the use of the registered Customer data, are deemed to be the actions of the Customer themselves.
3.4. Actions, performed in the System with the use of the registered User data, are deemed to be the actions of the User themselves.
3.5. The Contractor cannot be held liable for the unauthorized sign-in of the third persons using the registration information of the Customer and the User.
3.6. The Customer, the User agree to receive the information about the System by e-mail. The Customer, the User have the right to opt out receiving such information.
4. THE RIGHTS AND THE OBLIGATIONS OF THE CONTRACTOR
4.1. The Contractor undertakes:
4.1.1. to provide the services to the Customer in conformity to the description, published on the official site;
4.1.2. to provide the Customer the access to the services not later than within three (3) workdays after receiving the payment;
4.1.3. to provide for the Customer the access to the functional, contained in the Customer’s plan.
4.1.4. to ensure the faultless functioning of the system. The Contractor shall be not held liable for impossibility to use the System through no fault of the Contractor;
4.1.5. to ensure the safe-keeping, integrity and confidentiality of Customer information;
4.1.6. In the event that the Customer has no funds on their balance, to keep the Customer database during one month unless otherwise agreed by the Parties. Upon the expiry, the Contractor is bound to delete the Customer database with total loss of information with no legal consequences thereof;
4.1.7. to ensure customization and amendments in the System in compliance with the applicable statutory requirements whenever such requirements directly affect the System data process and output;
4.1.8. to withhold from disclosing the information about the Customer to the third persons, with the exception of the law-enforcement and judicial bodies, governed under the applicable legislation.
4.2. The Contractor fails to offer the consultations in the national accounting standards, compilation of judicial documents, contracts.
4.3. The Contractor fails to comment on the applicable legislation.
4.4. The Contractor shall reserve the right to put into effect the applicable statutory requirements in any form, not contradicting the applicable legislation.
4.5. The Contractor shall be not held liable for the unqualified work of the Customer and the User in the System.
4.6. The Contractor shall not provide any technical documentation on the System.
4.7. The Contractor shall be entitled:
4.7.1. to lock out the Customer access to the system if the Customer has provided faulty information on the registration form, or fails to update the information in conformity with the applicable legislation;
4.7.2. to introduce changes in the System unilaterally in relation to the changes in the information handling technologies, correction of detected errors and improvement of the System (cutting time of the system response to user actions, reducing information processing time, error control improvement, expanding functionality, increasing ease of the System operation, etc.);
4.7.3. to store information in the cloud drive;
4.7.4. to stop temporarily providing the services to the Customer due to technical, technological or other problems, preventing from provision of the services, for a period of remedy;
4.7.5. to restrict, to stop the Customer access to the System in case of the financial indebtedness of the Customer to the Contractor.
5. THE RIGHTS AND THE OBLIGATIONS OF THE CUSTOMER
5.1. The Customer undertakes:
5.1.2. to review the System and make sure that the System satisfies the demands of the Customer;
5.1.3. to use the system for activity not contradicting the applicable legislation;
5.1.4. to provide on the registration form the truthful, accurate and complete information, to update such information. Otherwise, the Contractor shall be entitled to act in compliance to subsection 4.7.1.
5.1.5. to pay for the Contractor’s services in the order and terms agreed in section 6 of the Terms;
5.2. the Customer, the User shall be not entitled to transfer their rights to the third persons.
5.3. the Customer shall be entitled:
5.3.1. to change a plan of services at their own convenience;
5.3.2. to opt out from the Contractor’s services, giving the Contractor a notice electronically one month in advance.
6. THE PRICE AND THE ORDER OF SETTLEMENTS
6.1. The amount of the user fee shall correspond to the price of a plan selected by the Customer. The plan prices are published on the official web site of the System.
6.2. The amount of the user fee for the ordered plan is unaffected by the actual use of service and a set of functional tools used in the selected plan.
6.3. Charging the user fee shall be done every 30 (thirty) days.
6.4. Payment for the service shall be done in the full amount not later than 3 (three) days before the beginning of the next period of using the Service.
6.5. The payment is done against the bill produced by the Contractor to the Customer. The Customer shall be entitled to make the advanced payment for the service. The Contractor shall produce to the Customer a bill on the grounds of the received advanced payment.
6.6. The payment for the service shall be charged monthly, quarterly, annually on the grounds of the electronic application of the Customer.
6.7. The payment shall be done by bank transfer, using the bank link or a credit card. The Contractor shall not enter into any cash transactions.
6.8. In case of delay in payment, the Contractor shall be entitled to apply subsection 4.7.4.
6.9. The Contractor shall be entitled to review the prices of the rendered services unilaterally, with a prior notice of the Customer at least one month in advance and publishing the relevant information on the official web site. In the event that the Customer paid for a quarter, year, the Contractor shall be not entitled to change the price of the service within the entire period pre-paid for by the Customer.
6.10. In case of early termination of rendering the Services the Contractor shall make a repayment of the advanced payment done by the Customer upon the application of the latter. The amount of the unused prepayment, due to the repayment, shall be calculated from prepayment after deduction of cost of the actually provided services and the actual Contractor expenses, based on 30-day-period of use. The repayment shall be only made as a bank transfer. No repayment shall be made to the third person against the Customer request.
7. HANDLING OF PERSONAL INFORMATION
7.1. The Customer shall delegate handling of the personal information to the Contractor with a consent of a subject of the personal data unless otherwise stipulated by the applicable legislation.
7.1.1. The Contractor, processing the personal data under the Customer instruction, shall be bound to comply with the principles and rules of handling the personal information, provided by the applicable legislation.
7.1.2. The Contractor shall process the personal information in regard to collection, records, accumulation, storage, blocking out and other actions required for operation of the System.
7.2. The Contractor undertakes to keep the personal information confidential and to ensure the safe handling of the personal information, and protect handled personal information in compliance with the applicable legislation.
7.3. The Contractor, processing the personal data under the Customer instruction, shall be not bound to get a consent of the personal data subject for handling their personal data.
7.4. The Customer shall be held liable to the personal data subject in regard to the personal data handling.
8. CONFIDENTIALITY
8.1. The Parties shall guarantee confidentiality of the personal data, commercial or bank secret and any other secret unless otherwise provided by the applicable legislation.
8.2. The Parties shall guarantee confidentiality of documents, information, knowledge and experience obtained as a result of work in the System.
9. LIABILITIES OF THE PARTIES
9.1. The Contractor may temporarily stop providing the services in case of delay in payment by the Customer. The service provision shall be resumed within three working days after confirmation of liquidation of the indebtedness.
9.2. In the event that rendering services to the Customer is technically impossible, the Contractor is bound to notify the Customer 30 calendar days prior to the expected date of the service provision termination.
9.3. Under no circumstances the Contractor shall be held liable for any damage, caused to the Customer in relation with the faulty actions of their Users as well as whenever the registration information of the Customer and/or User were used.
9.4. The Contractor shall be not held liable in case of the Customer inability to access the System if the access violation occurred due to the fault of the Internet provider.
10. FORCE MAJEURE
10.1. Neither the Contractor nor the Customer shall be held liable for violation of the Terms of use, any delays, failures in the process of the service provision or defects in operation of the equipment and /or software, caused directly or indirectly by the circumstances beyond their real sphere of control such as: disasters, strikes, military operations, ddos-attacks or blocking actions of the regime.
10.2. In the event of force majeure, the Contractor and the Customer shall undertake their best efforts in order to remedy the consequences of such circumstances.
11. SPECIAL CONDITIONS
11.1. The information entered by the Customer into the System shall be deemed their property and secured in compliance with the statutory provisions of the applicable law.
11.2. Any disputes shall be settled by negotiations between the Parties. In the event that the Parties fail to reach the agreement, the dispute is subject to be settled at Harju County Court (Estonia).
11.3. The claim expiry term under the Terms is one year.