PDCsoft's Terms and Conditions for Managed Service Customers and Prospects:
1. Term of service: Unless the term commitment is specified otherwise, this agreement is considered a one-time contract. After the contract term has expired, recurring contracts must be terminated with 30 days' notice in writing via email.
2. Service Activation: Under this agreement, service begins on the date specified on the front of the agreement, but project start dates must be scheduled and agreed upon by both parties.
3. System-Level Support Is Not Covered: PDCsoft is not responsible for repairs required as a result of customer changes to the operating system. PDCsoft shall not be liable for any delay or failure to provide service if the delay is caused by forces beyond PDCsoft's reasonable control.
4. Limitations of Liability: In no event shall PDCsoft be liable for damages resulting from loss of data, profits, or for any incidental or consequential damages that exceed the charges paid by the customer hereunder for this contract, even if advised of the possibility of such damages.
5. Best Efforts: Client and PDCsoft agree to use their best efforts and cooperate in carrying out this Agreement.
6. Agency: Client and PDCsoft agree that this Agreement is not intended to create any kind of agency relationship of any kind, and both parties agree not to contract any obligations in the name of the other party or use each other's credit in carrying out any activities under this Agreement.
7. Trademarks: PDCsoft may include the Client's name and contact information in directories of PDCsoft service subscribers in order to promote the service to additional potential clients. However, without the Client's prior written consent, PDCsoft is not permitted to use the Client's name, trademarks, or other identifying information in any other advertising or promotional materials.
8. Mutual Indemnification: Client and PDCsoft agree to indemnify and keep Client/PDCsoft free against any and all lawsuits, defaults, damages, liabilities, judgments, or settlements, including fair attorney's fees, charges, and other expenses incurred by PDCsoft as a result of any activities performed by the Client. Client and PDCsoft will promptly notify each other if they receive any claim or legal action arising from activities performed in accordance with this Agreement.
9. Waiver: Any party's waiver or failure to exercise any right provided for in this Agreement shall not be construed as a waiver of any possible right under this agreement.
10. Successors and Assigns: Regardless of whether it is specifically recognized in any instrument of succession or appointment, this Agreement shall be binding on the parties, as well as their successors and assigns.
11. Captions: The captions for each paragraph of this Agreement are provided solely for the convenience of the reader and are not to be construed as part of the agreement.
12. Amendment: This Document represents the parties' entire agreement and supersedes all previous writings or oral agreements. This Agreement can only be amended in writing, explicitly stating the changes, and signed by the party seeking compliance.
13. Notices: All notices required by this Agreement must be in writing and sent via email. All notifications and other written correspondence under this Agreement must be sent to the persons listed below unless otherwise stated in a corresponding written notice delivered by the party whose email address has changed.
14. Severability: If one or more clauses of this agreement are found to be void under Romanian law, the remaining clauses will remain in place as a whole and binding contract.
15. As a company policy, PDCsoft will not conduct work for companies hosting or promoting adult content, abuse, bullying, or hatred, either directly or indirectly (via resellers). If this policy must be followed, PDCsoft reserves the right to suspend services at any time.
16. Confidentiality: All information disclosed to the Client by PDCsoft is Confidential Information in the sense that it:
shall remain the exclusive property of PDCsoft;
shall be used by the Client only for the Purpose set forth above;
shall be covered by the Client.
Confidential Information shall include all information about PDCsoft (whether prepared by PDCsoft, its members, advisers, or others), whether provided before or after the date of this Agreement, and regardless of the manner in which it is provided. It includes, but is not limited to, any ideas, technical data and concepts, formula, pattern, software, system, technique, operation, design, or hardware configuration knowledge that derives independent economic benefit or commercial advantage, real or possible, from not being commonly known to the public or other persons who can obtain economic value from its disclosure or use and is subject to fair attempts to preserve its confidentiality under the circumstances. The Client acknowledges that access to Confidential Information will be restricted to any of the Client's employees or other designated members who need to know such Confidential Information in connection with their work relevant to this Agreement. The Client also agrees to warn those employees or designated members of the sensitive existence of Confidential Information and to take all appropriate measures to ensure that they do not breach the terms of this Agreement.
17. Support Ticket Service Requests: As a previous Client, you will have access to our support ticket system and will be able to open/reply to tickets by emailing us or messaging us in WhatsApp, Slack, or any other messenger. You authorize our support team to assist you with your needs by opening a ticket to request assistance, program, or consulting questions.
18. Server Management Refund Policy: PDCsoft reserves the right to refuse refunds for contracted managed services, contracted managed services not yet made, and related goods. If PDCsoft believes that a refund of any kind is sufficient, fees (such as processing fees, services provided, consulting, and so on) will be deducted from the total refund.