Terms and Conditions of Izciliba.lv and goa-workbench.com
1. General terms
1.1. Eurofortis IT SIA (hereinafter referred to as the Eurofortis IT) is the official distributor of the GOA-Solutions® product line owned by IBK Management Solutions GMBH, as well as the provider of the webpages www.izciliba.lv and www.goa-workbench.com (hereinafter referred to as the Site) in Latvia, Lithuania, Estonia and Czech Republic.
1.2. The Site and related services are hereinafter referred to as the Services.
1.3. Clients (hereinafter referred to as the Client) are physical or legal persons, who in any way use the Services offered by Eurofortis IT.
1.4. Eurofortis IT and the Client hereinafter collectively referred to as the Parties or individually as a Party, agree to the following terms and conditions:
1.4.1. The Client may purchase the Services by choosing the most suitable GOA-Solutions® package.
1.4.2. Each Client, who uses the Site for searching and processing information or for any other purpose, agrees to comply with and be bound by these Terms of Use.
1.4.3. The Client may not use the Services if he or she do not accept the Terms of Use.
2. Subject of the Agreement
2.1. Within the framework of the cooperation between the Parties, Eurofortis IT shall ensure to the Client the possibility to use Services according to the chosen package(s).
2.2. The Client is registered in the Site within 24h from the receipt of payment for the Services. Registration is confirmed by an e-mail with the access information for the Site. The e-mail address provided during registration is being used for the registration of the Client.
2.3. The Client undertakes to withhold the password of the user's account from third-parties.
3. Rights and obligations of the parties
3.1. Rights and obligations of Eurofortis IT:
3.1.1. Eurofortis IT undertakes to ensure the rights of the Client to access the Site 24h a day and use the Services after mutual coordination of the delivery time.
3.1.2. Eurofortis IT shall withhold from third-parties any information on the Client and data acquired during the use of the Services. Eurofortis IT has the rights to disclose such information only if it is necessary to directly ensure the operation of the Site and Services.
3.1.3. Eurofortis IT shall ensure maximal safety for the use of the Services by informing and educating the Client.
3.1.4. Eurofortis IT shall not be liable for any damages incurred by the Client due to incorrect or unsanctioned use of the Site or Services.
3.1.5. Eurofortis IT is not responsible for any linked sites and the information provided in such sites.
3.1.6. Eurofortis IT is authorised to process and analyse the information provided by the Client in a summarized mode in order to ensure the operation and improvement of the Site. For this purpose suitable technologies can be used (for example, cookies).
3.1.7. Eurofortis IT shall inform the Client about any changes and news in the Site by sending information to the Client's registered e-mail address.
3.1.8. Eurofortis IT shall not be held responsible for any delay or failure in performance of any Services to the extent that such delay or failure is caused by force majeure conditions (for example, flood, fire, disturbances in supply of power or Internet services, disturbances in the operation of systems or programs, computer viruses, cyber attacks).
3.1.9. Eurofortis IT shall ensure the compliance with laws and regulations of the Republic of Latvia regarding the protection of personal information.
3.1.10. Eurofortis IT reserves the right to change terms of this Agreement in any moment by publishing the newest version of the Agreement in related websites.
3.2. Rights and obligations of the Client
3.2.1. The Client is entitled to access the Site and any Services provided therein under the acquired package only through the interface of the Site and upon the receipt of the Services onsite.
3.2.2. The Client shall ensure that their representatives, employees and/or authorized persons will comply with the Terms of Use of the Site.
3.2.3.The Client undertakes not to perform any actions that would be oriented on bypassing the Site’s security system, unsanctioned interferences in the operation of the Site or its operating systems (for example, servers), as well as illegal use of the Site’s source code. Furthermore, the Client must not perform unlawful actions that might impede or inconvenience the provision of the Site or any part of it.
3.2.4. The Client is not entitled to transfer the rights to use the Service purchased to third-parties if not agreed on separately in writing. The Client is responsible for any direct or indirect losses incurred by Eurofortis IT due to the transfer of information to third-parties.
3.2.5. The Client is responsible for providing truthful information, as well as informing Eurofortis IT about the necessity to make changes in the registered data.
3.2.6. The Client shall read the Terms of Use of the Services before purchasing the Services. The Client must not use the Services, if he or she disagrees with any terms and conditions stated in this Agreement.
3.2.7. The Client shall submit all technical or other claims to Eurofortis IT not later than 5 (five) days after the problem has been detected. Eurofortis IT holds the right not to review any claims submitted after this period of time.
3.2.8. If the Client (or its authorised persons or representatives) have violated the provisions stated in the Article 3.2., the access to the Site will be denied for the Client. Eurofortis IT reserves the right to temporary block or deny the access to any account and the Services without a prior notice. The Client shall not pursue any action regarding the aforementioned (including for reimbursement of losses) or raise objections against Eurofortis IT.
3.2.9. Each Party shall ensure confidentiality of passwords of the Clients accounts. Only the Client is responsible for all actions made through the Clients account. If the Client has become aware of unauthorized use of the password or the account, Eurofortis IT should be immediately informed.
3.2.10. The Parties recognize that the content of the Site or the Services might change without a prior notice and worsening the functionality of the Site, and will not pursue actions against each other regarding the aforementioned.
4. Payment procedure
4.1. The Client undertakes to pay the subscription fee (hereinafter referred to as the Subscription Fee), for the use of the Services according to the chosen package. The subscription fee should be paid once a year (12 months) when purchasing the Service in related sites or onsite from Eurofortis IT in the amount indicated on the price list.
4.2. The Client can make payments on the Site with a credit card or through an Internet bank.
4.3. The Subscription Fee shall not be reimbursed if the Client does not use the Services or some functions or violates these Terms of Use.
4.4. The Services can be used only when the full amount of the Subscription Fee for the corresponding period of time has been received.
4.5. Prolongation of the Services and payment should be made before the end of the current period, the balance of the account is managed through the Internet.
4.6. The Parties agree that receipts are valid also without a signature, which is confirmed by this mutual Agreement.
5. Validity of this Agreement
5.1. This Agreement enters into force from the first visit of the Site and from the moment the Client registers and is valid until the moment the Client stops using the Site or cancels his or her registration.
5.2. Eurofortis IT and the Client can withdraw from the Agreement at any moment. Eurofortis IT is entitled to terminate this Agreement immediately if the Client makes illegal actions or infringes the Terms of Use.
5.3. If the Client chooses to decline from the reception of an already paid Service, the payment will not be reimbursed.
5.4. End of the validity term of this Agreement does not release Parties from the fulfilment of existing obligations.
6. Confidentiality
6.1. The Parties agree that this Agreement as well as all information disclosed when entering into this Agreement, authorizing all amendments and appendices, including information on financial regulations, other Parties and their clients, business actions and business secrets of Parties, special provisions and other information, which is not publicly available for third- parties, shall be deemed as confidential information.
6.2. All confidential information should not be disclosed during the whole validity term of the Agreement and three years after the termination of the Agreement.
6.3. The Parties agree that they will not make public or disclose the confidential information to third-parties irrespective physical or legal persons without a prior written consent from the other Party, except cases when it is required for the execution of the Agreement or according to the laws and regulations, based on the decision of a public institution, other Party should be immediately informed about such disclosure.
6.4. The Parties agree that the confidentiality restrictions do not apply to cases, when the confidential information has become publicly known and available due to conditions independent from the Parties.
6.5. The Parties agree that none of them shall use the information for purposes other than those for which the parties had signed or will sign a mutual agreement. The Parties undertake to protect the confidential information from disclosure, take responsibility for their employees regarding such aspects and to transfer the confidential information to its officials, employees and consultants only in the amount and form which is necessary for the execution of existing liabilities between the parties.
6.6. The Parties undertake to ensure that their officials, employees and consultants, who possess confidential information, comply with the non-disclosure provision and terms of this Agreement, as well as would not disclose the information they poses to third-parties. Confidentiality restrictions do not have a time limit and are not bound by the validity term of this Agreement.
6.7. Information, images and logos included in the Site are being protected by copyrights, which are owned by the IBK Management Solutions GMBH. Eurofortis IT is entitled to use the copyright-protected information according to the cooperation agreement concluded between Eurofortis IT and IBK Management Solutions GMBH. When using the Site the Client agrees that he or she is not entitled to use the copyright-protected information.
6.8. Any duplication, republication or distribution of the copyright-protected content appearing on this Site is prohibited without the express written permission of Eurofortis IT.
7. Final terms
7.1. Any disputes between the Parties relating to or arising from this Agreement shall be resolved through mediation or in the court according to the laws and regulations of the Republic of Latvia.
7.2. If the authorised person of the Party or other details used for communication change, the Party is obliged to immediately inform the other Party of such amendments in writing.
7.3. Any announcements, agreements and other information related to this agreement are transferred in person to the authorised representative of the Party against a signature by sending a registered letter through post or e-mail. Parties are obliged to immediately inform the other Party of changes in the details.
7.4. The Agreement has been drafted electronically.
7.5. If there is any contradiction between what the Latvian language version of these Terms of Use says and what the translation in English language translation says, then the Latvian language version shall take precedence.