{"id":10559,"date":"2022-04-11T09:59:28","date_gmt":"2022-04-11T09:59:28","guid":{"rendered":"https:\/\/ensolva.coming-soon.info\/?page_id=10559"},"modified":"2022-04-20T12:18:04","modified_gmt":"2022-04-20T12:18:04","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/ensolva.com\/hr\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\t\t
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Terms and Conditions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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These Terms of Use are effective as of September 10th, 2019<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Introduction\/acceptance<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Welcome to the Ensolva (\u201cEnsolva\u201d, \u201cwe\u201d, \u201cour\u201d) website located at http:\/\/ensolva.com\/ (the \u201cSite\u201d). Ensolva is a procurement software by RIS d.o.o, Pilepcic 10, Kastav, VAT ID: HR77917801452, represented by Mile Pavlic, Igor Zamlic and Marko Golem.<\/p>

These Terms of Use (the \u201cTerms of Use\u201d) and our Privacy Policy (Privacy Policy\u201d), together with any Order Form entered into between You and Ensolva, govern your use of our Site and our server monitoring and log analysis service and server configuration management service accessible via our Site. To make these Terms of Use easier to read, the Site, all content offered as part thereof, and any other services owned, controlled, or offered by Ensolva are collectively referred to herein as, the \u201cServices\u201d. Unless you and Ensolva have entered into a separate written agreement, subscribers, account holders, customers, users, and others who download, access, use, purchase and\/or subscribe to the Services (collectively or individually \u201cYou\u201d or \u201cUsers\u201d) must do so under these Terms of Use and any applicable Order Form between You and Ensolva.<\/p>

BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY ACCESSING, BROWSING AND\/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING ANY FUTURE MODIFICATIONS HERETO. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICES. IF YOU ARE ACCESSING AND USING THE SERVICES ON BEHALF OF A COMPANY (SUCH AS YOUR EMPLOYER) OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF USE. IN THIS CASE, \u201cYOU\u201d AND \u201cUSER\u201d WILL REFER TO THAT COMPANY OR OTHER LEGAL ENTITY.<\/p>

The Services are available only for individuals aged 18 years or older and capable of forming a legal contract with Ensolva and who not are barred from using the Services under applicable law.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Modification or termination<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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We reserve the right, at our sole discretion, to modify the Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Siteand send the notice via e-mail. We will also indicate the effective date and last update date at the top of this page. By continuing to access or use the Services after we have posted a modification on the Site or have provided You with notice of a modification, You are indicating that You agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to You, Your only recourse is to cease using the Services.<\/p>

We also reserve the right, at our sole discretion, to terminate the Services. In the event that we decide to discontinue or terminate the Services, we will provide You with an advance notice and reasonable assistance in mitigating any disruption this may cause.<\/p>

You agree that Ensolva, in its sole discretion, has the right (but not the obligation) to delete or deactivate Your Account, block Your email or IP address, or otherwise terminate Your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any content within the Services, for any reason, including, without limitation, if Ensolva believes that You have acted inconsistently with the letter or spirit of these Terms of Use. Further, You agree that Ensolva shall not be liable to You or any third party for any termination of Your access to the Services. Further, You agree not to attempt to use the Services after said termination.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Privacy and Data Security<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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We consider Your privacy one of our highest priorities and we process your information according to the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for detailed information and notices concerning the collection and use of Your personal or confidential information.<\/p>

All information provided by one Contracting Party to the other Contracting Party shall be considered as confidential and shall not be disclosed to third parties without the consent of the other Contracting Party.<\/p>

All data stored in the databases located in Ensolva\u2019s data center shall be the property of the Client and shall be considered a business secret. This includes, inter alia, personal data (hereinafter: Personal Data) within the meaning of the General Data Protection Regulation 2016\/679 of the European Parliament and of the Council (hereinafter: the Regulation).<\/p>

Personal data are processed for the purposes of the Client\u2019s business and for the fulfillment of contractual and legal obligations. The following types of Personal Data are processed:<\/p>

Identification data of persons who are in business relationship with the Client (such as buyers and suppliers) and related persons, who are registered for the fulfillment of contractual and legal obligations.
The obligation to maintain confidentiality of data does not relate to the following data:<\/p>

Those already in the possession of the other contracting party, while the other contracting party was not obliged to keep it secret.
Who, at or after the conclusion of this Agreement, has been made public and for which the publication does not correspond to the other party.
Which the other contracting party has obtained or been disclosed by third parties who are not obliged to keep this information secret.
Which, at or after the conclusion of this Agreement, is required to be published in accordance with the applicable regulations or the decision of the competent state body. In such case, the Contracting Party shall notify the other Contracting Party of that legal requirement, unless such a prohibition prohibits such reporting.
Ensolva is obliged to carry out technical and organizational measures to ensure an adequate level of data security. Ensolva\u2019s competence in data protection is proved by the ISO 27001 information security certificate.<\/p>

Ensolva is obliged to process Personal Data only according to the Customer\u2019s instructions. Personal Data may only be processed by the Client under the supervision of Contractors who have undertaken to respect confidentiality.<\/p>

Ensolva shall not engage another Contractor (hereinafter referred to as the Subcontractor) to process the Personal Data of the Client without prior notification to the Client, in order to enable him to file a complaint. Ensolva will only engage Subcontractors who can fulfill all necessary data protection obligations, which must be specified in the Contract between Ensolva and the Subcontractor.<\/p>

Ensolva shall notify the Client if, in his opinion, the Client\u2019s instructions are in violation of the statutory regulations on data protection.<\/p>

Ensolva shall make available to the Client all the information necessary to demonstrate compliance with the General Data Protection Regulation (GDPR).<\/p>

Occasionally Ensolva may need to view User Content in connection with servicing the Site. Ensolva may also perform statistical analyses on User Content in connection with developing or optimizing our Services. Ensolva does not generally view or disclose your User Content.<\/p>

Ensolva will only disclose User Content to its employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on Ensolva\u2019s behalf or to provide the Services, and (ii) that have agreed not to disclose it to others. Other than to its employees, contractors, and affiliated organizations, as described above, Ensolva discloses User Content only when required to do so by law, or when Ensolva believes in good faith that disclosure is reasonably necessary to protect the property or rights of Ensolva, third parties, or the public at large.<\/p>

Prior to termination of Your use of the Services, You may request to export Your User Content. After termination, all User Content is subject to deletion at any time, and no later than the configured retention period or 30 days, whichever is longer.<\/p>

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Limitations of services<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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You acknowledge that Ensolva may establish limits concerning the use of the Services, including the maximum number of days that User Content (as defined below) will be retained by the Services, the maximum number and size of log files or other content that may be transmitted or stored by the Services. You acknowledge that Ensolva shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Access to services<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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You acknowledge and agree that Your use of the Services is dependent upon access to telecommunications and Internet services through devices that access web-based content. You must provide all equipment necessary to make such connection to telecommunications and Internet services, including a computer and modem or other access device and You are responsible for all costs relating thereto.<\/p>

The User is liable for all telecommunication and similar expenses incurred by obtaining access to and use of the Services that are the subject of the Contract.<\/p>

The User may at any time request and obtain an extraordinary backup of the data in electronic form, which is charged according to the Contractor\u2019s valid price list.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Account registration<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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In order to use the Services, You must register and create an account for Ensolva (\u201cAccount\u201d) on the Site. You must use a valid e-mail address for Your Account.<\/p>

It\u2019s important that You provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. You agree that you won\u2019t disclose your Account password to anyone and you\u2019ll notify us immediately of any unauthorized use of your Account. You\u2019re responsible for all activities that occur under your Account, whether or not you know about them.<\/p>

Ensolvais obliged to suspend or terminate Your account in case of suspected unauthorized usage of Your Access Data. In case You haven\u2019t taken reasonable precautionary measures to safeguard Your Access Data, Ensolva shall not be held liable for any misuse done by the User or any third party or for any disclosure of confidential information.<\/p>

By registering, You grant Ensolva a non-exclusive, transferable, worldwide, and royalty-free license to use and publicly display Your trademarks, service marks, trade names and logos (collectively, \u201cMarks\u201d) on the Site and Ensolva\u2019s marketing materials to identify You as a Ensolva\u2019s customer, and as otherwise agreed by You. We acknowledge and agree that any and all goodwill that results from our use of the Marks as permitted hereunder will inure solely to Your benefit.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Subscription<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Ensolva requires payment of a fee for use of the Services, and You are required to purchase a subscription (\u201cSubscription\u201d) for such use. Payments are processed by PayPal. RIS does not disclose any information to PayPal. In order to complete the payment, the user enters data to PayPal directly and data is processed according to PayPal\u2019s Privacy Policy.<\/p>

You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. You may need to provide additional information to verify Your identity before completing Your Transaction (such information is included within the definition of Payment Information).<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Payment<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Unless otherwise agreed in an Order Form entered into between You and Ensolva, when You purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes, and other charges (\u201cSubscription Fee\u201d), at the beginning of your Subscription and each subscription period (e.g., monthly or annually, as specified when you purchase such Subscription) thereafter, at the then-current Subscription Fee. 10 days before the end of your subscription period, you will be reminded to renew your subscription. In case of renewal, the payment will be processed through PayPal the same way as in the first purchase.<\/p>

By agreeing to these Terms of Use and electing to purchase a Subscription, You acknowledge that your Subscription has recurring payment features and You accept responsibility for all recurring payment obligations prior to cancellation of Your Subscription by you or Ensolva. Your Subscription continues until cancelled by You or we terminate your access to or use of the Services or Subscription in accordance with these Terms of Use. If You have entered into an Order Form with Ensolva, Your Subscription Fee will be payable as set forth in the Order Form.<\/p>

Unless otherwise agreed in an Order Form entered into between You and Ensolva, You can change the Service Capacity applicable to Your Subscription at any time during the Subscription period. If you upgrade the Service Capacity, You will be charged the applicable pro-rate Subscription Fee for the upgraded Service Capacity. If You reduce the Service Capacity, Your change will be effective as of Your next billing cycle. Changing the Service Capacity can be done by contacting Ensolva directly.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Cancelling Subscription<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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YOUR PURCHASE IS FINAL AND YOU WILL BE ABLE TO CANCEL THE PURCHASE AND\/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE ONLY DURING THE 14-DAYS MONEY-BACK GUARANTEE PERIOD. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we\u2019ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, and unless otherwise agreed in an Order Form entered into between You and Ensolva, You may cancel Your Subscription at any time, but please note that YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION IF THAT TIME EXCEEDS THE 14-DAYS MONEY-BACK GUARANTEE PERIOD.<\/p>

The refund (Money-Back Guarantee) rules are as follows:<\/p>

The countdown of the guarantee period starts from the moment of purchase.
The user needs to demonstrate that the service was unavailable for use during the subscription period and our technical support team was not able to solve the problem.
No violations of the Terms of use or complaints about your actions up to the time of the completed refund to your account.
To cancel, you can send an email to support@ensolva.com. You are responsible for all Subscription Fees incurred for the then-current Subscription period.<\/p>

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System Maintenance and Customer Support<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Ensolva\u2019s maintenance service includes the following tasks:<\/p>

Monitoring and troubleshooting over the application part of the system.
Upgrades of your app to newer versions.
Hosting of the application on Ensolva\u2019s servers.
Database Hosting on Ensolva\u2019s servers.
Data backup, database located on Ensolva\u2019s database servers, on a daily basis.
Customer support service, which includes counseling and assistance to the Client in using the Ensolva application.
Availability of the Customer Service Support from the previous paragraph depends on the number of hours included in your Subscription Plan.<\/p>

The User\u2019s requests for support services can be is submitted by e-mail (support@ensolva.com) on working days from 8 am to 4 pm (CET). The response time is up to 24 hours on working days. The customer support is not available during the weekends.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Ensolva proprietary rights<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The application Ensolva, as an intellectual property copyright work, is protected by the Copyright Protection Act and International Copyright Conventions, the violation of which is subject to criminal liability. The Ensolva application is not being sold but licensed.<\/p>

The license is the right to use the Ensolva application subsystem e-auctions, and by the number of users it is limited to ONE (1) named user and may be used solely for the needs of the Client.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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The Ensolva application license includes:<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The right to use the Ensolva eAuctions subsystem for the Client\u2019s needs.
Thin@ Client to run and use the Ensolva application in the Norton Server.
The Client is not entitled to transfer the rights to and from this Agreement to third parties, as well as to withdraw or transfer this Agreement, in whole or in part, to third parties or to grant them the right to use the license subject (sublicense).<\/p>

The Services are protected by copyright, trademark, and other laws of the EU and foreign countries. Ensolva and its licensors exclusively own or control all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.<\/p>

Subject to your compliance with these Terms of Use, Ensolva authorizes You to download, view and print any Content available as part of the Services solely for Your personal and non-commercial purposes. For purpose of these Terms of Use, \u201cContent\u201d means text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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User content rights<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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You retain ownership rights to the data or data files of any type that You upload to the Services for storage in a data repository, including Your logs, metrics and configuration settings (\u201cUser Content\u201d). Ensolva does not claim any ownership rights in any such User Content and nothing in these Terms of Use will be deemed to restrict any rights that You may have to use and exploit Your User Content.<\/p>

You acknowledge and agree that You are solely responsible for all User Content that You make available through the Services. You will ensure that Your use of the Services and all User Content is at all times compliant with Your privacy policies and all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data. You represent and warrant to Ensolva that You have sufficient rights in the User Content to grant the rights granted to Ensolva under these Terms of Use and that the User Content does not infringe or violate the intellectual property, publicity, privacy or other rights of any third party.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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User Content Transmitted Through the Service:<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Ensolva shall have the right to collect and analyze your User Content and other information relating to the provision, use and performance of various aspects of the Site and Service and related systems and technologies, and Ensolva will be free (during and after the term of your use of the Service) to (i) use such User Content to improve and enhance the Site and Service and for other development, diagnostic and corrective purposes in connection with the Site and Service, related software and services and other Ensolva offerings, and (ii) disclose such User Content solely in aggregate or other de-identified form, such that your (and your customers\u2019) identity is impossible to ascertain, in connection with the Ensolva business. No rights or licenses are granted except as expressly set forth herein.<\/p>

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (\u201cSubmissions\u201d), provided by you to Ensolva are non-confidential and Ensolva will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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User restrictions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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You agree not to do any of the following in connection with using the Services:<\/p>