TERMS OF SERVICE Metadesk. Technical support
1. GENERAL - SCOPE OF APPLICATION1.1 The following Terms and Conditions apply to all business relationships between the Customer and Conftime DOO, also hereinafter referred to as "us/we". These Terms and Conditions are an integral part of all contracts with the Customer. These Terms and Conditions also apply to future services and offers, even if the Customer does not separately agree upon them again.
1.2. The terms and conditions of our customers or third parties are not applicable and are not part of the contract, even if we do not separately object to their application in individual cases.
1.3 We expressly reserve the right to make changes to our Terms and Conditions, System Policies and prices by giving the Customer prior notification via their customer account or using the email address the Customer enters in their contact information.
1.4. The conditions and policies listed in the preamble apply in the order of precedence listed above.
1.5. Our employees and third parties commissioned by them are not authorized to make verbal agreements or to provide any verbal guarantees or commitments to the Customer.
2. CONCLUSION, DURATION AND TERMINATION OF THE CONTRACT2.1. The contract is concluded when the Customer submits their order and we accept their order in accordance to the provisions of point 2.3 of these Terms and Conditions.
2.2. Our offers are subject to change and are non-binding. We reserve the right to make technical and other changes within the scope of what is reasonable.
2.3. The Customer enters into a binding contract by placing the order and by accepting these Terms and Conditions. We are entitled to accept or reject the contract in the Customer’s order within a period of 5 work days after we receive the order. By merely confirming that we have received the Customer’s order, we are not bound to accept their order and the contract it contains.
2.4. Contracts are concluded for an unlimited time period unless otherwise agreed.
2.5. The contract may be terminated by either party with 30 days' notice to the end of the month, without specifying any reasons. Differing periods of notice may apply to the Customers depending on the description of relevant services. Notice of termination may be given in text form by letter, fax, email or via the Customer’s account on our secure customer interface.
2.6. If the Customer intends to transfer their contractual rights and obligations to a third party, then our consent is required for this purpose. The Customer must make their transfer request in writing. We are obligated to verify the legitimacy of the transferor and the identity of the third party.
3. SCOPE OF SERVICES3.1. The scope of the contractual service is based on the product description that is valid at the time of the Customer’s order and the written agreements resulting from it. We reserve the right, after prior notice, to discontinue services we offer free of charge or to introduce fees for these services.
3.2. If we offer technical support services that go beyond the service description, then we invoice these separately.
4. PAYMENT CONDITIONS AND LATE PAYMENTS4.1. We will invoice the Customer for any contractually binding services using the prices plus the statutory value added tax. We reserve the right to change the price of contractual services at any time by notifying the Customer via e-mail or the website metadesk.me.
4.2. The Customer is obligated to pay all fees and taxes incurred by using the service or by the third parties designated by the Customer. Billing is free of charge exclusively in electronic form. There are corresponding fees for postal delivery.
5. DATA PROTECTION5.1. If the Customer also wishes to process personal data of third parties with our services, the Customer alone remains the responsible party in the sense of data protection law.
5.2. We hereby warn the Customer that we are generally unable to determine whether the Customer is processing personal data. The Customer is therefore obligated to provide us with the necessary information, in particular whether personal data of third parties are processed, for what purpose these data are processed and which categories the personal data and the data subjects are to be assigned. In the absence of a contract for order processing with the necessary information from the Customer, we assume that the Customer is not processing third party personal data using our services, so we will not take any measures in accordance with data protection law.
5.3. We hereby warn the Customer that, given the current state of technology, there is still no all-embracing form of protection for data transmission on the internet. The Customer is responsible for the safety and security of all data they store on any of their products.
6. USE OF THE SERVICES / CONTENT6.1. The Customer is obligated to check and comply with the legal provisions arising from the use of the contractually agreed services, in particular the Telecommunications Act, the Telemedia Act, as well as national and international industrial and intellectual property rights, personal rights, and the requirements of competition and data protection laws on their own. The Customer indemnifies us against all claims of third parties arising from infringements of these obligations.
6.2. The Customer is obligated not to publish any content that infringes on the rights of third parties or otherwise violates applicable law. This includes in particular, but is not limited to, pornographic or obscene material, extremist content or content that offends common decency, gambling, material that could seriously endanger the morals of children or young people or violate the rights of third parties (copyrights, name rights, trademark rights and data protection rights). This also includes the publication of defamatory content, insults or disparagement of persons or groups of persons.
6.3. The transmission of spam mail is prohibited. This includes in particular the sending of unauthorized, unsolicited advertising to third parties. When sending emails, it is also prohibited to provide false sender data or to disguise the identity of the sender in any other way. The operation of applications for mining cryptocurrencies remains prohibited. These include, but are not limited to, mining, farming and plotting of cryptocurrencies. We are entitled to lock the Customer’s access to their Hetzner services or account in the event of non-compliance.
7. LIABILITY7.1. The Customer uses Conftime DOO services at their own risk. We are liable for indirect damages in the case of intent or gross negligence, but not for loss of profit. We are liable for culpable infringements that are not due to gross negligence or intent for the foreseeable damage typical for this type of contract, up to a maximum of 100 % of the price for the Customer's monthly product rental.
7.2. If the Customer violates any obligations under the contract, as well as legal prohibitions and rules of decency, including those mentioned in sections 6, 7, 8 of these Terms, the Customer shall be liable to us for compensation for all direct or indirect losses arising in connection with this, including financial losses. In addition, the Customer is obliged to indemnify us for damages from third party claims - regardless of the legal basis - arising from the Customer or third parties appointed by him. The obligation to indemnify also includes all costs of legal defense incurred.
Conftime DOOKalimanjska 31,
Tivat, Montenegro
+382 69 769 771 hello@metadesk.me