GENERAL TERMS AND CONDITIONS
ABOUT US
This Website is owned and operated by PK ICON SOFTWARE & WEB SOLUTIONS LTD (hereinafter ‘‘THE COMPANY’’), a private limited liability company registered in Cyprus under company registration number HE 419286 and registered office at Georgiou Griva Digeni 42-44, Nicosia 1080, Cyprus. Our VAT number is: 10419286G.
PK ICON SOFTWARE & WEB SOLUTIONS LTD is an information provider connected to the Internet, offering storage and transfer services over the Internet through access to its Web Server. In addition, it provides services in regard to website and application development.
Before contacting us to request a quotation or for further information please read through our terms and conditions and our privacy policy regarding your personal information.
By signing a contract for services/agreement with our Company, you agree to be legally bound by our terms and conditions. You will be unable to proceed with our services if you do not accept our terms and conditions, as may be modified or amended from time to time and posted on our Website. We do not make any representations about third party websites that may be linked to our Website.
We reserve the right to revise and amend our Website and our terms and conditions. Your continued use of our Website and services following an amendment of our terms and conditions shall be deemed to be your acceptance of such amendment. It is the Clients’ responsibility to check regularly for changes and amendments on our Website and our terms and conditions.
The terms and conditions of both our Website and agreements shall irrevocably bind all of our Clients (both existing and new Clients following the establishment of the Company).
ELIGIBILITY TO USE OUR WEBSITE AND SERVICES
To be eligible to use our website and lawfully enter into an agreement with us, so that we can provide the Client with our services, the Client certifies that:
• They are at least 18 years of age, or that their parent or legal guardian will act as the ‘‘Client’’ for the terms of a Contract.
• They are legally capable of entering into a binding contract.
GOVERNING LAW AND JURISDICTION
This Website is controlled and operated in Cyprus. The terms and conditions of our Website will be governed by the laws of the Republic of Cyprus. By using our Website you irrevocably agree to submit to the exclusive jurisdiction of the Courts of Cyprus.
Any agreement signed and any dispute or claim arising out of or in connection with it shall be interpreted, construed and enforced in accordance with the laws of the Republic of Cyprus and shall be subject to the exclusive jurisdiction of the Courts of Cyprus.
Any agreement signed and any dispute or claim arising out of or in connection with it shall be interpreted, construed and enforced in accordance with the laws of the Republic of Cyprus and shall be subject to the exclusive jurisdiction of the Courts of Cyprus.
You are permitted to use our Website and the material contained in it only as expressly authorised by us under our terms of use.
Furthermore, you may not create a link to our Website from another website, document or any other source without obtaining our prior written consent.
PRIVACY POLICY AND CONFIDENTIALITY
Your privacy is very important to us and we are strongly committed to protecting it.
All information provided by you, either through our Website or during our meetings, will be treated securely, lawfully and in accordance with the laws of the Republic of Cyprus.
We will not disclose our Clients’ personal information to any third party or outside the Company, our controlled subsidiaries and affiliates, without the Client’s consent.
When a Client enters into an agreement with our Company, both Parties will undertake that they shall not at any time during the said agreement, and even after its expiration/termination, disclose to any person any confidential information concerning the business, affairs, trade secrets, technical, commercial, financial, operational, marketing or promotional information or date of either Party or the terms of the said agreement, except as may be required by law, court order or any governmental or regulatory authority.
Neither Party in general shall use the other Party’s confidential information for any purpose other than to perform its obligations under the agreement between them.
We shall be entitled to process your data in accordance with the terms of our Privacy Policy and our terms and conditions.
If you have any questions or comments about our privacy policy, please email us at: [email protected]
PERSONAL INFORMATION
Our Company may ask the Client to provide their name, email address, billing address, telephone number and credit/debit card or other payment information. We will not email you in the future unless you have given us your consent.
Personal information about visitors of our Website is collected only when knowingly and voluntarily submitted. For example, we may need to collect information to provide you with further services or to answer or forward any requests or enquiries. Personal information submitted by visitors of our Website is used only for the purpose for which it is submitted. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Cyprus.
We do not disclose our Clients’ information to third parties, unless it is necessary to disclose such information to others who help us run our Company, including:
• Distributors of our services.
• Our employees in Cyprus or abroad.
• For the purpose of authorising your payment.
• In special situations where we have reason to believe that disclosing your personal information is necessary to identify, contract or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities.
• Where it is required or permitted to do so by law.
• To credit reference and fraud detection agencies.
We aim to ensure the security, integrity and privacy of personal information submitted to our Website, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secured, as there are many factors throughout the Internet that are beyond our reasonable control. However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us. Once we receive your transmission, we will make our best efforts to ensure its security on our systems. In addition, our employees are obliged to respect the confidentiality of any personal information held by us. However, we will not be responsible for events arising from unauthorized access to your personal information.
PRICES AND PAYMENT
Please send us a request, an email or call us for a quotation.
Our quotations and tenders will include VAT (our VAT number is 10419286G).
Unless otherwise stated, tenders and quotes are valid for 60 days from the date of the tender or quote. All prices quoted may be subject to change without notice after this period.
Payments shall be made in Euro only.
Payment of the agreed amount, for the services (i.e. website development,) offered by PK ICON SOFTWARE & WEB SOLUTIONS LTD to the Client, as stipulated in the agreement signed shall be settled by the Client as follows:
• 30% of the total amount will be paid upon signing of the agreement (deposit).
• 30% of the total amount will be paid after the demo of the minimum viable product (MVP)
• 40% of the total amount will be paid upon the completion and delivery of the Project to the Client, prior to the Project’s launch date.
If the Client terminates the agreement, after the Company has initiated the creation of the agreed service, a cancellation fee will apply based on the stage of the progress of the service. An interim invoice will be levied for up to the stage of the progress of the service out of the total quotation value if the commissioned project’s content is not received within 60 days of commission.
Payment of the agreed amount (i.e. web hosting, tech support, and mobile application development) offered by PK ICON SOFTWARE & WEB SOLUTIONS LTD to the Client, as stipulated in the agreement signed shall be paid by the Client every 6 months, or for the period specified in the agreement. If the Client decides to terminate any such agreement with the Company at any point during the running year, the Company will not refund the client.
The Client agrees that any major amendments or reconsiderations the Client may require from PK ICON SOFTWARE & WEB SOLUTIONS LTD to any functional or visual designs of the website will be charged extra from the quotation already given by the initial agreement. The price for the extra work will be subject to agreement between the parties.
In the event that any amount remains unpaid 14 days after invoice date, PK ICON SOFTWARE & WEB SOLUTIONS LTD reserves the right to discontinue, withhold or suspend services to the Client to whom such unpaid amounts relate until payment has been made in full and claim interest on any unpaid amounts. The Company may also terminate the agreement between themselves and the Client upon notice.
All invoices will be sent to the Client via email to the Client’s specified email address. The Client must notify the Company of any changes to the invoicing address.
We accept payment by credit or debit cards, and through bank transfer (in Cypriot Bank Account only).
When you pay your invoice by card, we carry out certain checks, which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the payment process against appropriate third party database including the card issuer, registered credit reference agencies and fraud prevention agencies. We shall contact you should any problems occur with the authorisation of your card.
We reserve the right at any time, to increase or decrease the price of our services.
INTELLECTUAL PROPERTY RIGHTS
Our Website:
The content of our Website is protected by copyright, trademarks, patent, database and other intellectual property rights.
By using our Website you agree that the design, trademarks, logos and intellectual rights to all parts of this Website belong to PK ICON SOFTWARE & WEB SOLUTIONS LTD and must not be used without our prior written permission. You also acknowledge that the intellectual property rights in the material and content supplied as part of our Website shall remain with us or our licensors.
You may download the content of our Website for your own individual and non-commercial use. However, you acknowledge that any other use of the material and content of our Website is strictly prohibited and you are not permitted to copy, broadcast, download, store, transmit, show or play in public, adapt or change in any way the content of the pages of our Website without our prior written permission.
The Clients will comply with all applicable laws, rules and regulations of the Republic of Cyprus and use our Website only for lawful purposes.
The Client’s Property Rights:
PK ICON SOFTWARE & WEB SOLUTIONS LTD respects each individual’s right to personal privacy. We will collect and use information through our Website only in the ways disclosed in our Terms and Conditions.
Each Client will be responsible for all actions necessary regarding the copyright protection for the designs created by our Company especially for them (i.e. to register such designs, etc.).
The Client must own copyright, or have reproduction rights, trademarks, photographs and other materials used in his project. If the Client fails to do so, he shall indemnify the Company against any cost in connection with the ownership of copyright or reproduction rights.
The Client shall have full liability for the consequences of the contents of the printed literature, website or other project commissioned.
The Client’s logos, artwork, graphics and photographs remain the copyright of the Client. Design, graphics and programming code produced by the Company remain the intellectual property of the Company. Copyright/ownership to the finished assembled work of web pages produced by the Company is owned by the Client.
The Client will grant the Company a non-exclusive, revocable and royalty-free licence to use and reproduce material and content provided by the Client for the purpose of performing its obligations under the Agreement between the Company and the Client.
The Client is assigned rights to use the designs, graphics and text contained in his finished assembled website. Rights to photos, graphics, work-up files, and computer software and programming code are specifically not transferred to the Client, and remain the property of their respective owners.
The Company retains the right to display graphics and other Web design elements as examples of their work in their respective portfolio and to include the statement ‘‘Developed by PK ICON SOFTWARE & WEB SOLUTIONS LTD’’ or similar, together with a logo and a link to the Company’s website on each page of the website in a position and in a form to be agreed by the parties. The Client will retain any such credit and link in any adapted version of his website, and the Client will only remove any such credit and link from his website at the Company’s request.
DISCLAIMER
PK ICON SOFTWARE & WEB SOLUTIONS LTD, and any of our respective employees, officers, directors, shareholders, agents, representatives, attorneys, suppliers and merchants, will not be held liable for any information contained within a Client’s website or printed literature. The content of such remains the property, ownership, copyright and intellectual property of the Client. The Client will be liable for any reasonable legal costs incurred by the Company caused as a result of the content, or missing content, of the Client’s website, and the Client agrees to indemnify the Company for any awards made by a court of law.
The Company will not be liable for any money lost by the Client as a result of the Company missing a deadline as to time scale in offering its services. Similarly, the Company will not be held liable for any direct, indirect, secondary damages or loss of profits or any similar damage occurred due to technical problems and disturbances within the Internet that are not in the sphere of influence of the Company, including, but not limited to, communications failure, server downtime, bugs, software updates, theft, destruction, alteration or inadvertent disclosure of data or unauthorized access to the Company’s records, programs, devices or equipment.
Under no circumstances, including negligence, shall the Company, its offices, agents or anyone else involved in creating, producing or distributing our services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to our records, programs or services. The Clients hereby acknowledge that this paragraph shall apply to all content of our services.
The Company will only be held liable in cases of intentional infliction of loss in relation with any indirect, special, incidental, consequential or similar damage. In such case the Client must prove that the Company is grossly negligent and the Company will only be liable for predictable damages, for a maximum of the aggregate service fee already paid to the Company by the Client for the services provided.
On completion of any project, it is the sole responsibility of the Client to manage their project. The Company will no longer be responsible for the project upon completion, unless an alternative agreement has been reached.
The Company does not guarantee continuous service, service at any particular time, integrity of data, information or content stored or transmitted via the Internet.
The terms of our Disclaimer will survive the termination of any agreement between us and the Client.
FORCE MAJEURE
The Company or its employees shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or employees or any other cause beyond its reasonable control. We shall not be liable for any loss, damage or expense suffered by any Client or any third party arising directly or indirectly from any such matters.
GENERAL
Please read our terms and conditions carefully as they contain important information about your rights and obligations when using our Website and/or services.
By browsing on or using our Website, you are agreeing to comply with and be bound by these terms and conditions which, together with our privacy policy, governs our relationship with you regarding the use of our Website.
Violation of any of our terms and conditions may result in immediate and permanent disablement without notice and without refund due.
By registering to our Website you undertake that all details you provide to us for the purpose of registering or purchasing services are true, accurate, current and complete in all respects.
We reserve the right to amend the domain address of our Website and any services, products, product prices, product specifications and availability at any time.
All prices and descriptions of our services supersede all previous publications. The descriptions of our services are an approximation and should only be used as such.
We will not be liable to you if our Website is unavailable at any time and for any reason.
The parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, the Company can make no guarantee that any given reader shall be able to access our server at any given time.
The Company undertakes, in good faith, to take every effort to ensure that its server is available as widely as possible and with as little service interruption as possible.
We reserve the right to disconnect any website or server deemed to present a security threat to our Clients, servers, or network.
We attempt to ensure that the information available on our Website at any time is accurate.
All drawings, images, audiovisual content, descriptive matter and specifications on our Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
Proof of all work produced by the Company may be submitted to the Client for his approval, and the Company shall not be liable for errors not corrected by the Client in such proof.
The Company withholds the right to refuse publication of any content which it sees as being indecent, obscene or offensive towards others.
The Company also has the right to refuse publication of any content, which it sees as being illegal according to Cyprus Law or fraudulent or is associated with pornography, gambling, Forex or binary options.
COMPLAINTS
If you have a comment, concern or complaint about our Website or our services, we want to be the first to know so we can resolve the problem as soon as possible. Please contact us via email at [email protected]
CONTACT US
Being a small, independent company can have its limitations, but we guarantee a truly personal service. When you contact us you will have the opportunity to talk to us and we will try to answer your queries.
You can contact us via email at [email protected]
