This Agreement (the “Agreement”) is made by and between MB Imas ir Ko (“Imas ir Ko” or “we”) and Customer (also referred to as “you”) and is effective as of the date that you confirm your acceptance by clicking the “Order Now” button on at https://mobilusmarketingas.lt/ (the “Website”) or via digital signature (the “Effective Date.”) Imas ir Ko and Customer are collectively referred to as “Parties” and individually as a “Party”.
1. Services provided
a. We will provide those services (the “Services”) requested by you in an order (“Order”) placed through the Website. Imas ir Ko may accept or reject any Order. The terms of an Order shall control in the event of an inconsistency with the terms of this Agreement. b. All Services shall be subject to the terms and conditions of this Agreement. c. Imas ir Ko hereby grants to you a limited, personal, non-exclusive, non-transferable license, for the duration of this Agreement, to access and use the Website as necessary and only for your use of the Services. You shall not reproduce or copy, in whole or in part, any portion of the Website or any other material made available to you by us, and shall return all such material to us at the conclusion or termination of this Agreement. d. Imas ir Ko may, in its sole discretion, subcontract the provision of a Service or a portion of a Service to third parties or affiliates, provided that Imas ir Ko will continue to be liable for the performance of such subcontractors under the terms of this Agreement.
e. Imas ir Ko will provide you with reasonable technical support. You may request support at firstname.lastname@example.org. We do not provide support for other applications and uses or for your end users (“End Users”). Imas ir Ko performance obligations under this Agreement apply solely to you, and not to any End User or other third party.
a. This Agreement is effective on the Effective Date and shall continue in effect indefinitely until terminated by a Party. Either Party may terminate the Agreement by notice in writing (including email) to the other Party, provided, however, that notwithstanding any such termination the Agreement shall remain in effect for the remaining term of any existing Order. If Imas ir Ko deems it necessary to discontinue offering a particular Service provided under this Agreement during the term of an applicable Order, then Imas ir Ko may terminate such Service upon thirty (30) days prior written notice to Customer.
3. Charges, billing and payment
a. Recurring charges for Services will be invoiced in advance on a monthly, quarterly, semi-annual, annual, or bi-annual basis, as provided in the Order, and will be payable before the first day of the service term. Non-recurring and usage-based charges will be invoiced in arrears as specified in the Order.
b. Your payment obligations will survive termination of this Agreement and any applicable Order. You may terminate an Order without any early termination penalty once you have paid the recurring charges for at least one half of the term of the Order, plus any non-recurring or usage-based charges.
c. Customer shall remit all account balance additions by wire transfer, credit card, PayPal or other payment mechanism accepted by Imas ir Ko. The processing of Customer credit card payments may be denied or discontinued by Imas ir Ko, at any time, in its sole discretion.
d. Customer is responsible for all charges incurred on his/her/its account. This responsibility includes charges resulting from the use, misuse, or abuse of the Service by third parties accessing the Services through Customer’s account, whether or not the unauthorized access is a result of Customer’s failure properly to secure the account or to maintain the secrecy of account login information.
g. If Customer has not breached any terms of this Agreement, such Customer is eligible to request Imas ir Ko to issue a refund for an Order within first thirty (30) days after such Order was placed. Imas ir Ko commits to refund such Order within seven (7) days for an amount received in Euros, less any amount for set-up fees, non-standard or server components provided under a special Customer request or third party licenses. If Customer operates in different currency than Euros, the refunded amount will be converted to different currency with regard to the currency exchange rate of the day when such refund is issued.
4. Conditions of Service
a. The Services are offered by Imas ir Ko subject to their continued legal availability in any applicable jurisdiction. Imas ir Ko may elect not to offer a Service in or to any particular jurisdiction, location or country, or may block a Service to or from any particular jurisdiction, location or country if we determine, in our sole discretion, that the continuation of such Service is not permitted or advisable.
b. Imas ir Ko reserves the right to amend this Agreement, including any terms or conditions, policies, or pricing on the Website that are incorporated by reference herein, at any time. All such modifications shall be effective upon posting them on the Website. By continuing to use the Service after the posting of such amendments or modifications, you agree to be bound by the amended Agreement.
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