General Terms and Conditions FOR THE USE OF THE Frontu SOLUTION
I. The object of the Contract
1. The Contractor hereby undertakes to grant non-exclusive, non-transferable rights to the Customer to use in its devices the Frontu application (hereinafter – Frontu) for execution of its direct operations. The free space allocated to the Customer on the workstation, the price list of the amount of additional data, the data storage and backup scenario as well as other technical data are specified in the Special Terms and Conditions.
II. Rights and obligations of the Parties
2. Customer’s rights and obligations:
2.1. The Customer undertakes to pay the Contractor a monthly or annual fee per 1 (one) Frontu license in use, which is specified in the Special Terms and Conditions. A separate license shall be issued to Each user. The total amount payable to the Contractor depends on the number of users. A user shall mean a system user, whose role is:
a) Administrator – role in backend environment with all authorizations granted;
b) User – has a right to access backend environment with limited permissions that are set by the Administrator;
c) App User – has access only to the mobile application, where he/she can execute the tasks.
2.2. The Customer and the Contractor agree that after the Customer orders additional adaptation works of the system and the Contractor completes them and both parties sign the deed of transfer and acceptance of the works, the total monthly amount payable to the Contractor shall be calculated in accordance with the rates specified in Special Terms and Conditions.
2.3. Upon the Contractor’s request, the Customer undertakes to provide all the necessary information requested by the Contractor, which is required for the proper performance of the Contract.
2.4. The Customer undertakes to provide comprehensive assistance in carrying out the Frontu protection actions.
2.5. The Customer undertakes not to violate the Contractor’s property and non-property author’s rights.
2.6. By signing this Contract, the Customer confirms that it has familiarized itself with the technical and functional features of Frontu and that they meet the Customer’s needs.
2.7. The Customer shall submit any questions, comments or concerns through official support channels: Chat (available on Frontu User Account) or Help Desk (https://help.taskertools.com/).
3. Contractor’s rights and obligations:
3.1. The Contractor undertakes to grant access for the Customer to the Frontu.
3.2. Upon the reasonable request of the Customer, the Contractor undertakes to remedy the deficiencies within the time limits specified in the Special Terms and Conditions.
3.2. The Contractor undertakes to provide the Customer with Frontu on a digital medium / or in another means (format) of transfer, acceptable to the Parties.3.3 The Contractor shall provide electronic access to the User’s Guide.
4. The Contractor shall issue an invoice to the Customer for the services provided and/or the applicable fees specified in the Contract at the beginning of each month. In the case of annual payments, the date of issue of an invoice is in advance.
5. The Customer undertakes to pay the Contractor within 15 calendar days from the receipt of an invoice.
6. The Customer shall execute the settlement with the Contractor through PayPal (credit card is also appropriate) or wire transfer. In order to pay by wire transfer, the Customer must agree in advance with the Contractor on the terms of such payment. In order to make a payment, the Customer must fill in the required information of the payer in Frontu.
IV. Liability of the parties and its limitation
7. Any late payments are subject to 0.04% default interest for each day of the delay.
8. If the Customer delays payment by more than 15 calendar days from the due date of the invoice, the Contractor shall be entitled to suspend the provision of services, i.e. to restrict the use of Frontu until the Customer fully covers all its outstanding liabilities. The Contractor shall inform the Customer about the restriction of access to Frontu at least 5 business days in advance.
9. The Parties shall be liable to each other only in the amount of the direct damages incurred by the other Party, unless otherwise stated in the Special Terms and Conditions.
10. In all cases provided in this Contract and in any circumstances, the Contractor’s liability to the Customer may not exceed the total amount of the license fees paid by the Customer to the Contractor under this Contract in the last 6 months (up to the occurrence of the violation).
V. Force majeure
11. Exemption from liability shall be valid for a period of time, during which a force majeure circumstance is in effect. A party unable to fulfill its obligations must notify the other Party in writing within 7 days of the occurrence of such circumstance.
12. If the force majeure circumstances continue for more than 3 months, the Contract may be terminated at the initiative of one of the Parties, by notifying the other Party in writing at least 10 days in advance.
VI. Protection of property rights
13. For the avoidance of any doubts, the Contractor is the sole holder of all intellectual property rights relating to the Frontu products, their modifications, amendments, improvements etc. The Contractor remains the owner of the intellectual property rights during the term of the Contract and indefinitely after its termination. The Customer shall be obliged to abstain from the use of such intellectual property for any other purposes except as provided in this Contract.
VII. Validity and termination of the contract
14. This Contract shall enter into force from the date of signature and shall be valid until the end of the use of the services or until the expiry of the Contract.
15. Each Party shall be entitled to terminate the Contract by notifying the other Party in writing 60 calendar days in advance.
16. The termination of the Contract shall not relieve the Parties from the fulfillment of obligations, which have arisen before the termination of the Contract.
17. From the termination of the Contract or the moment of expiry thereof in any other manner, the Customer shall be required to remove Frontu from all the devices.
VIII. Interpretation of the contract, disputes
18. This Contract has been concluded and shall be interpreted in accordance with the law of the Republic of Lithuania.
19. All disputes, disagreements and claims arising out of or in connection with this Contract, its nullity, violation or termination shall be resolved by negotiation. In the event of failure to resolve such disputes, disagreements or claims by negotiation, they shall be settled in the courts of the Republic of Lithuania according to the place of the Contractor’s registered office.
20. The Parties must ensure that the information, which they communicate to each other, will only be used in the performance of the Contract.
21. The Parties undertake to ensure confidentiality of the information known to them and/or the information entrusted to them, during the period of validity of the Contract and after termination thereof.
22. The Customer, in breach of confidentiality obligations, shall be required to reimburse the Contractor for any damages incurred.
23. All annexes, amendments and supplements to this Contract shall be valid only if they are made in writing and authenticated by the signatures of the authorized representatives of both Parties, unless otherwise agreed by the Parties in a specific case.
24. The Annexes to this Contract are an integral part of this Contract.
25. This Contract is drawn up in two original copies, one for each Party. Both original copies of the Contract shall have the same legal effect.
26. Neither of the Parties shall be entitled to assign its rights or obligations arising out of the performance of the Contract to a third party without the written consent of the other Party.
CONTRACT FOR THE USE OF THE Frontu SOLUTION
(Special Terms and Conditions)
I. PRICES AND SUPPORT
1. The following prices shall apply based on chosen subscription plan:
1.1. The price for 1 (one) license of Frontu “Essential Plan” (without additional works for the Customer) – 29 (twenty-nine) euros excl. VAT per month, billed annually. The prices will become chargeable automatically upon the signing of Special Terms and Conditions by the Parties. Minimum number of licenses – 5 pcs. A detailed description of the plan is available on the website – https://frontu.com/.;
1.2. The price for 1 (one) license of the Frontu system „Professional Plan“ (additional programming works according to the Customer’s needs) – 39 (thirty-nine) euros excl. VAT per month, billed annually. The prices will become chargeable automatically upon the signing of Special Terms and Conditions by the Parties. Minimum number of licenses – 5 pcs. A detailed description of the plan is available on the website – https://frontu.com/.;
1.3. The price for 1 (one) license of Frontu “Custom Plan” (price for additional programming works is not included) – 59 (fifty-nine) euros excl. VAT per month, billed annually. The prices will become chargeable automatically upon the signing of Special Terms and Conditions by the Parties. Minimum number of licenses – 80 pcs. A detailed description of the plan is available on the website – https://frontu.com/.;
1.4. In case of the Contractor’s works, which include programming, consultancies, trainings, onboardings, setups, testing or other services ordered by the Customer, an hourly rate of 65 (sixty-five) euros excl. VAT shall apply. After these works have been performed, the Contractor undertakes to issue to the Customer the deed of transfer and acceptance of the works. If the Customer does not inform The Contractor within 5 days about the disagreement with the deed of transfer and acceptance, the works are considered as accepted. Invoices are issued under the deed of transfer and acceptance of the works.
1.5. Depending on the Customer’s choice, the Contractor is settled by making annual payments in advance.
1.5.1. All licenses and add-ons are activated on the day when Special Terms and Conditions enter into force
1.5.2. If the Customer decides to acquire more licenses or add-ons during the performance of the agreement, each additional license or add-on is automatically activated until the end of the period, for which the previously purchased licenses have already been paid. In this case, the Customer will be issued with an additional invoice for all additional licenses or add-ons until the end of the period, for which the previously purchased licenses have already been paid.
1.5.3. One month before the end of the period, for which the licenses and add-ons are paid, the Contractor shall issue an invoice to the Customer for all licenses held by the Customer (including newly acquired ones).
1.6. The Contractor shall be entitled to unilaterally change the Special Terms and Conditions by notifying the Customer in writing (by e-mail or by post office) 30 (thirty) calendar days in advance. The Contractor has no right to change the prices of already paid licenses. The amended Special Terms and Conditions shall enter into force at the end of the notice period specified therein. After the expiration of the General and Special Terms and Conditions, in case of the extension of the Contract, the prices for the licenses for the extended period of time shall be as indicated on the day of expiration of the Special Terms and Conditions on the website https://frontu.com/ (Section “Prices”). If the Contract becomes indefinite, the prices applied to the licenses shall be updated annually (from the date of expiry of the Special Terms and Conditions) and determined by the prices of the licenses indicated on the website https://frontu.com/ (Section “Prices”).
2. The free space on the server is provided to the Customer, the price list of additional data and related services as well as other technical data shall be applicable as per the following table:
25 GB of free space on the Frontu server is provided with each purchased license. This is the space intended for storage of the Customer’s databases, photographs and files. The total aggregate amount of data is calculated, i.e. if the Customer has 10 licenses, it receives 50 GB of free space on the Frontu server (10 x 5 GB = 50 GB). Upon exceeding the total amount of data provided free of charge, the „Professional Plan“ is activated automatically.
3 The data recovery time depends on the amount of data (the more data, the longer the recovery time), as well as the data storage locations (fast or remote servers) from which they will be recovered;
4 The Customer shall be provided with Application programming interface (API) documentation which specifies access to the Customer’s data.
5 Data recovery may be needed in several cases: (a) if the data has been erased or otherwise damaged through an employee’s fault (human error); (b) due to an error in operation of systems, in which Frontu is integrated; (c) in the unlikely event of the failure of the (Amazon Web Services) server; (d) in other unforeseen cases;
6 Data copying to the backup storage shall take place automatically every day at 10:00 p.m. The data is uncompressed and therefore readily available.
7 The data is archived (in ZIP format) and stored in remote data centers, and are therefore accessible and recovered more slowly. The time interval, for which a copy will be made, is indicated in the table above.
8 The maximum duration of the data recovery when the data was lost. Maximum time for lost data is 24 hours.
2.1. In the event of termination of the use of Frontu Services, the key data (clients, objects, works, materials and task information) can be exported by the Customer himself, the need to transfer the data to another server will be adjusted separately for an hourly rate of 65 EUR (excl. VAT) for programming works involving a third-party system.
3. Troubleshooting is possible selectively, according to the options listed in the following table:
Explanations of the terms used in the table are given below:
- Working day – means a working day (working hours – from 8.00 am to 5.00 pm, GMT+3), except weekends and public holidays in accordance with the laws of the Republic of Lithuania. If the insufficient amount of working time to rectify the deficiencies is left on the working day, on which the deficiencies were reported, the remaining rectification time shall be postponed to the next working day.
- Critical error shall mean a system error, which existence in the system does not allow users to fully use the system.
- Error shall mean a system’s malfunction that occurred due to inferior quality programming works, when the system does not function as provided for in the Functional Requirements and/or design and testing documents. Only the malfunctions that can be reproduced in order to ascertain their existence shall be considered to be errors.
- Deficiency shall mean minor non-conformities of the system functions (one or several) to the requirements, that do not affect the functionality of the system. The illogical interconnectedness of the system functions, which may have resulted from a lack of specification shall also be considered a deficiency.