|Capitalized terms and expressions in these General Terms and Conditions shall have the following meanings:
|General Terms and Conditions means these General Terms and Conditions of the Contract, the current version of which is available at www.frontu.com.
|FRONTU means the software developed by the Contractor, including mobile application, dedicated to the planning and management of remote technical operations.
|Intellectual Property means all existing and (or) future rights relating to inventions, patents, trademarks, industrial designs, geographical indications of origin, copyrights, professional reputation, or other intellectual property rights that now exist or will arise in the future, including all applications and registrations, renewals and additions thereof under the laws of any jurisdiction in any country or territory.
|User means the natural persons specified by the Customer who are entitled to use FRONTU. This definition applies to (i) an administrator with full rights; (ii) a user with limited permissions or (iii) an application user who is granted access only to FRONTU mobile application.
|Offer (Quote) or Special Terms and Conditions means the offer submitted by the Contractor to the Customer regarding the use of FRONTU, which from the moment of signing is considered as special conditions of the Contract and becomes an integral part thereof.
|Account means FRONTU account created for the Customer, which includes server space, subdomain, software, including mobile applications.
|Contract means the agreement on use of FRONTU, which consists of the Special Terms and Conditions and General Terms and Conditions, other annexes and any subsequent amendments to these documents.
|Customer means the person with whom the Contract is concluded and to whom the Contractor grants the right to use FRONTU.
|Contractor means UAB “7 Sprints” or Frontu UAB, legal entity code 304891896, registered office address at Aronijų g. 20-2, Giraitės k., Užliedžių sen., Kauno r. sav., the Republic of Lithuania. The term “Contractor” shall collectively mean and include any subsequent change to the Contractor’s company name.
|SUBJECT MATTER OF THE CONTRACT
|Under the provisions of this Contract, the Contractor grants the Customer a non-exclusive, non-transferable right to use FRONTU on its devices to perform direct operations. The amount of data and other technical parameters provided to the clients, as well as additional services or functionalities, are specified in the Contractor’s website at https://frontu.com/pricing.
|The specific functionalities of FRONTU, the number of Users, the price and other conditions agreed upon by the Parties are specified in the Offer. From the moment of its signing, it is considered that the Customer is familiar with these General Terms and Conditions and undertakes to comply therewith. Any other detailed agreement on the use of FRONTU can also be considered as Special Terms and Conditions within the meaning of this Contract.
|RIGHTS AND OBLIGATIONS OF THE CUSTOMER
|The Customer undertakes to:
|pay the Contractor a monthly or annual fee per 1 (one) FRONTU User specified in the Offer, as well as any other payments agreed upon by the Parties and (or) provided in the Offer (for example, for additional services, functionalities, add-ons etc.). The total amount payable to the Contractor depends on the number of Users specified by the Customer and the order of additional services or functionalities determined in the Offer;
|provide all information that is necessary to ensure the proper execution of this Contract at the request of the Contractor;
|not to use FRONTU and (or) the Account in any unlawful manner, for a purpose contrary to public order, ethics, good morals, as well as not to violate the Contractor’s rights to Intellectual Property.
|By signing this Contact, the Customer confirms that he has familiarized with the existing functionalities of FRONTU and they meet the Customer’s needs. The Customer acknowledges that FRONTU is provided on a “as it is” and “as available” basis. Among other things, this means, that FRONTU was not created and does not operate in such a way as to satisfy all and any individual business needs of the Customer. Upon a separate agreement between the Parties and for an additional fee, the Contractor may provide additional services and make specific modifications to FRONTU, which, upon agreement of the Parties, shall be included in the Special Terms and Conditions or another document concluded between the Parties.
|The Customer can submit any requests or inquiries through official support channels: i.e. integrated support chat in the Account or help desk (help.frontu.com).
|RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
|The Contractor undertakes to provide access to FRONTU (e.g. create an Account) and ensure the provision of other services specified in the Offer or a separate agreement between the Parties.
|The Contractor undertakes to correct any software or system errors in FRONTU that have been duly notified to the Contractor by the Customer and duly communicated to the Contractor in accordance with the provisions set out in these General Terms and Conditions or the Contractor’s website. The Contractor shall not be obliged to correct errors or malfunctions that are related to the hardware purchased and used by the Customer, the use of malware, the use of FRONTU in unauthorised environments, and in other cases where the error or malfunction of FRONTU is caused by the factors that are beyond the control of the Customer.
|If the Parties agree to carry out additional programming, installlation, testing or other similar works in relation to FRONTU, such works shall be documented between the Parties by signing a transfer-acceptance deed. If the Customer does not make any comments regarding the performance of the works within 5 calendar days from the receipt of the transfer-acceptance deed from the Contractor, such works / services shall be deemed to have been properly executed / delivered, and the Customer shall have no claims against the Contractor in respect thereof.
|The Contractor shall be entitled to invoke third parties for the provision of services under this Contract without a separate consent of the Customer.
|PAYMENTS AND SETTLEMENT
|The invoices for the use of FRONTU are usually issued at the beginning of each month for the current month or for the current 12 month period, if an annual payment method is agreed (i.e. in all cases in advance for agreed period). The Contractor’s invoices for additional services or works referred to in Clause 4.3 of the General Terms and Conditions shall be issued at the end of each month after the performance of the relevant services / works in accordance with the procedures established herein, unless the Parties have agreed in writing on a different payment procedure.
|The Customer undertakes to pay the Contractor within 15 calendar days of receipt of the relevant invoice.
|The Customer settles with the Contractor by credit card, SEPA payments or bank transfer. In order to pay by bank 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 the Account.
|The obligation to make payments is irrevocable, payments made are not refundable unless the Contractor separately decides otherwise. This applies, including, but not limited to, when the Customer: (i) does not use FRONTU and (or) the Account during the paid period or uses it only partially; (ii) changes the subscription plan, (iii) terminates the Contract before its term without the fault of the Contractor.
|The Contractor is entitled to unilaterally amend the General Terms and Conditions and Special Terms and Conditions (Offer) by notifying the Customer in writing by e-mail or through his Account 30 (thirty) calendar days in advance. The Contractor has no right to change services (functionalities) already ordered and paid by the Customer. The amended Special Terms and Conditions shall enter into force upon the expiry of the notice period specified therein. In case of extension of the Contract after the expiration of the General Terms and Conditions and Special Terms and Conditions, FRONTU prices for the extended period are as indicated in the website https://frontu.com/pricing on the day of the Offer expiration, unless the Parties have separately agreed otherwise.
|The Contractor also owns all Intellectual Property Rights in FRONTU and its functionality, including but not limited to FRONTU design, visual and administration interfaces, graphics, visual design, compilations, source code, concept of operation, information sequences and layout, and all other elements of FRONTU and components, including the results of any additional services or modifications thereof.
|Regardless of the payments made, the Customer and (or) users are not granted any and do not acquire any Intellectual Property rights to FRONTU.
|By entering into the Contract, the Customer agrees that the Contractor may use and analyze aggregated system performance data relating to the Customer’s use of FRONTU and the services in order to optimize, improve or enhance the operation of FRONTU and related services.
|VALIDITY. SUSPENSION. TERMINATION
|Contract validity and extensions
|The Contract enters into force from the date of its signing and is valid until the end of use of FRONTU or until the Contract expires.
|Unless this Contract is terminated by a separate written agreement of the Parties and the Customer continues to use the Contractor’s services for more than one week after the expiry of the Contract, the Contract shall be renewed for an additional period of 12 months.
|The Contractor shall have the right to suspend the provision of the services by limiting the use of FRONTU if the Customer is more than 15 calendar days late to pay any payment specified in the Contract. The Customer shall be informed of the suspension at least 5 working days in advance.
|A Party shall be entitled to terminate the Contract unilaterally without court proceedings for any reason by notifying the other Party in writing 60 calendar days in advance.
|Upon termination of the Contract for any reason, the Customer must immediately stop any use of FRONTU.
|LIABILITY AND ITS LIMITATION
|In case the Customer is late in paying any payments stipulated in the Contract or other documents thereof, the Contractor has the right to demand from the Customer to pay default interest equal to 0.04 percent from the unpaid amount for each day of delay.
|The Party that breaches the terms of this Contract shall pay the fines stipulated in the Contract and compensate the direct losses of the other Party, to the extent that they are not covered by the fines. In no event shall either Party be liable to the other Party for any indirect or incidental loss, lost revenue, business interruption or reputational damage arising out of the performance of this Contract.
|The Contractor’s maximum liability to the Customer (if any), irrespective of its form, will in all cases be limited to an amount equal to the Customer‘s fees actually paid by the Customer to the Contractor during the last 6 months preceding the occurrence of the actions that caused the Contractor’s liability.
|Neither Party shall be liable for improper performance or non-performance of the Contract if caused by the Force Majeure circumstances. A Party wishing to invoke this clause must immediately inform the other Party in writing of such circumstances and use reasonable efforts to remedy it.
|If imperative provisions of the laws of the Republic of Lithuania and (or) the European Union do not require otherwise, the law of the Republic of Lithuania shall apply to the Contract and legal relations arising from it.
|Any dispute, controversy or claim arising out of this Contract, its breach, termination or validity shall be settled in accordance with the procedure established by laws and regulations of the Republic of Lithuania in the courts determined by the Contractor’s registered office.
|Any changes or additions to the Contract are valid only if made in writing and signed by authorized representatives of both Parties. Verbal reservations have no legal effect.
|Without the prior consent of other Party, neither Party has the right to assign or otherwise transfer the rights and obligations of this Contract to third parties.
|Confidential Information means all information of the disclosing Party that, upon disclosure to the receiving Party, was designated as confidential (Confidential Information). Confidential Information shall not be deemed to be information that: (a) is publicly known; (b) implied / common knowledge in the market prior to its disclosure; (c) becomes public knowledge after the disclosing Party made the disclosure to the receiving Party through no fault of the receiving Party; or (d) became known to the receiving Party through other lawful means.
|Without the consent of the disclosing Party, neither Party may disclose or use the Confidential Information of the other Party for any purpose other than the performance of the Contract.