TERMS AND CONDITIONS

The Buyer acknowledges that the Buyer has read these Terms and Conditions and has understood and agreed with Seller to all of the following (and by this an Agreement is constituted between the two parties):

Other Costs

  • Unless otherwise stated on the face hereof, stated prices do not include any customs duties, sales, use, value added excise, federal, state, local or other taxes or carrying costs. All such duties or taxes shall be paid by Buyer.

Subscription Duration

  • The duration of the Aratos World Fire Alarm services subscriptions is one (1) year.

Payment

  • Upon accepting these Terms and Conditions, Buyer agrees to wire transfer 100% advance deposit to the Seller’s PayPal account.

Delivery

  • Upon receipt of payment, Seller agrees to initialize the respective service within 8 working days from the payment receipt date.

Warranties

  • Seller warrants to the Buyer good title to service purchased from Seller which will be free and clear of all registered liens and encumbrances. Seller further warrants that the service shall be free of defects or problems for one (1) year from the date of service initialization. Seller sole obligation under this warranty is to repair promptly any problem that may occur during the one (1) year warranty period, provided that the Buyer informs the Seller of a potential miscarriage of information under this service or faulty information provided under this service. The Seller should deal with the potential problem and solve it in the next 2 working days maximum from the day it was reported by the Buyer. The terms of this warranty extend only to the Buyer as an original buyer and not to any assignees.
  • There are no express or implied warranties, including the implied warranties of merchantability and fitness for a particular purpose or use, not specified herein respecting this Service provided by Seller.

 

Licensed Service

  • Seller hereby grants to the Buyer a limited, non-exclusive, non-transferable, revocable license to use the World Fire Alarm PREMIUM Subscription Service (the "Licensed Service") provided by Seller to the Buyer. The Buyer acknowledges  that  the  Licensed  Service  is  the exclusive property of Seller and that it contains proprietary and confidential information and trade secrets of Seller and that the Buyer agrees that the Buyer's right to use the Licensed Service is only as set out in this Agreement that is constituted by accepting these Terms and Conditions. The Licensed Service is licensed to the Buyer by Seller for subscribed use and not sold, assigned or transferred, and Seller has and shall retain at all times all ownership rights, trademarks and copyrights in and to the Licensed Service. Apart from the terms and conditions of this Agreement, this Agreement does not grant the Buyer any intellectual property rights in the Licensed Service.
  • The Buyer shall not, without the prior written consent of Seller, which consent may be withheld arbitrarily or otherwise by Seller:

(a)  use the Licensed Service  except as expressly provided in this Agreement;
(b) re-distribute or authorize any re-distribution of the Licensed Service;

  • The Buyer shall be responsible for the use, supervision, management and control of the Licensed Service and shall:

(a) ensure that the Licensed Service is protected at all times from access, use, misuse, damage or destruction by any person not authorized by Seller for that purpose;
(b) adopt reasonable methods and procedures to prevent the copying or re-distributing of the Licensed Service and to inform its employees, servants and agents that no copies of the Licensed Service are permitted to be made;
(c) notify  Seller  immediately  upon  discovery  of  any  unauthorized  use,  copying  or re-distribution of the Licensed Service, or any other breach of this Agreement by the Buyer that is constituted by accepting these Terms and Conditions, and shall co-operate with Seller in every reasonable way to help Seller regain possession of the Licensed Service and prevent its further unauthorized use;
(d) permit Seller to visit the Buyer's premises, with reasonable prior notice and during normal business hours, to review the Buyer's compliance with the terms of this Agreement that is constituted by accepting these Terms and Conditions.

  • In the event that the Buyer breaches any of the foregoing provisions, the Buyer agrees to indemnify and hold Seller harmless from and against all costs, losses or damages (including attorney's fees) suffered or incurred by Seller as a result of such breach. The Buyer further acknowledges that in the event of a breach of any of the provisions of this section, damages will not be an adequate remedy, and that Seller shall be entitled to equitable relief, including an injunction.

 

  • The obligations of the Buyer under this section shall survive termination or expiration of the Agreement that is constituted by accepting these Terms and Conditions until such time as the Licensed Service comes into the public domain through no fault of the Buyer, or its officers, directors, employees or agents.

Covenants and Obligations of Buyer

  • The Buyer further acknowledges and agrees that all information received from Seller via the Licensed Service will be used in compliance with all applicable laws and regulations. The Buyer shall not use any part of Seller Licensed Service to gain profit from any re-distribution of the provided information by the Licensed Service.

Indemnity by the Buyer

  • The Buyer acknowledges and agrees that the Buyer shall be solely responsible for the Buyer's use of Seller Licensed Service, and that the Buyer shall indemnify and save Seller harmless from and against any and all costs, losses or damages of any kind, including attorney's fees, which Seller may suffer or incur, and from and against any and all claims, costs, losses or damages of any kind suffered or incurred by the Buyer or others, arising out of or in any way connected with the Buyer's use of Seller Service.

Limitation of Liability

  • Seller shall not be liable for any indirect, consequential or incidental damages including loss of profits suffered by the Buyer or others arising out of or in any way connected with this Agreement that is constituted by accepting these Terms and Conditions or the use of Seller’s service by the Buyer, even if Seller has been advised of this possibility of such damage, or if such loss or damage was reasonably foreseeable or even if such loss or damage arose as a result of a breach of a fundamental term of this Agreement or a fundamental breach or the negligence of Seller, its agent, representatives or employees. The provision of this section shall survive termination or expiration of this Agreement that is constituted by accepting these Terms and Conditions.

Assignment

  • The Buyer shall not sell, transfer or assign Seller Licensed Service to a third party without the prior express written consent of Seller, which consent will not be unreasonably withheld provided that the third party agrees in writing to the terms and conditions of this Agreement that is constituted by accepting these Terms and Conditions and satisfies the credit and security requirements of Seller.

Notice

  • Any notice, direction or other consultancy required or permitted to be given to Seller shall be in writing and may be given by fax, e-mail, postage prepaid mail or delivery addressed to Seller as noted in the Agreement that is constituted by accepting these Terms and Conditions. Any notice, direction or other consultancy required or permitted to be given to the Buyer shall be in writing and may be given by fax, e- mail, postage prepaid mail or delivery addressed to the Buyer at the address last appearing on Seller records.
  • Any notice, direction or other consultancy aforesaid, if delivered, sent by e-mail or facsimile shall be deemed to have been given or made on the date on which it was delivered or sent, and if by mail, shall be deemed to have been given or made five (5) days after mailing in Greece, fourteen (14) days after mailing in Countries of Europe, and thirty (30) days after mailing anywhere outside of Europe. In the event of a postal disruption or threatened postal disruption all notices required to be given hereunder shall be delivered or sent by e-mail or facsimile.