PolishDevs is a studio of multidisciplinary designers and engineers that conceive, design, and fabricate high-tech contemporary art creations and apps.
Our goal is to create developments that appeal to the widest of audiences and attempt to extend that experience via the web to people around the world.
Terms and Conditions
- 1. The “PLDEVS.COM" or „PLDEVS” means the sole property of Envision Sp. z o.o., with its registered office in Poland, at Św. Jerzego 1A, 50-518 Wrocław, registered by the District Court of Wrocław Fabryczna, VI Department of the National Court Register (Krajowy Rejestr Sądowy), under entry number KRS 0000787497, NIP [taxpayer ID] 8992863032, REGON 383432470, all of their officers, employees, agents and consultants and their respective successors in title and assigns.
- 2. "Customer" means the person(s) whose name(s) and signature(s) appear in the section headed "Customer” in the PLDEVS Questionnaire.
Overview of PLDEVS Services
- PLDEVS provides a suite of products and services that allow Customers to streamline complex transactions through innovative digital solutions such as electronic booking, electronic data transmission, and workflow automation. PLDEVS also provides application programming interfaces (the “API”) that allow Customers to build integrated booking solutions, data transmission or workflow automation solutions within a Customer’s websites, applications, or other properties (“Customer Properties”). PLDEVS also offer a tailor made solutions in software development, mobile applications, online web applications, based on customer’s project requirements and specific agreements.
Service Specific Terms
- Certain PLDEVS products have specific terms (“Service Specific Terms”) which are currently available here. In case of a conflict between the applicable Service Specific Terms for a certain product and these Terms, the Service Specific Terms will control.
Use and Access Rights
- 1. Limited License. Subject to these Terms, PLDEVS grants to Customer a limited, non-exclusive, non-transferable license to use and access the PLDEVS Services for its business purposes as expressly permitted in these Terms. Your use and access to the Services are subject to any limitations set forth in an applicable order form, online plan or the Service Specific Terms (whether paid or free, collectively “Subscription Plan”).
- 2. General Restrictions. Customer must not (and must not allow any third party to):
i. rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the PLDEVS Service to a third party (except Authorized Users or as permitted under the Service Specific Terms);
ii. incorporate the PLDEVS Service (or any portion of such) with, or use it with or to provide, any site, product, or service, other than on sites/applications owned-and-operated by Customer and as specifically permitted herein;
iii. publicly disseminate information regarding the performance of the PLDEVS Service (which is deemed PLDEVS’s Confidential Information);
iv. modify or create a derivative work of the PLDEVS Service or any portion of it;
v. reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to any PLDEVS Service, except to the extent expressly permitted by applicable law and then only with advance notice to PLDEVS;
vi. break or circumvent any security measures, rate limits, or usage tracking (such as event tracking) of the PLDEVS Service, or configure the PLDEVS Service (or any component thereof) to avoid sending events or transactions or to otherwise avoid incurring fees;
vii. distribute any portion of the PLDEVS Service excepted as permitted herein;
viii. access the PLDEVS Service for the purpose of building a competitive product or service or copying its features or user interface;
ix. use the PLDEVS Service for purposes of product evaluation, benchmarking, or other comparative analysis intended for publication without PLDEVS’s prior written consent; or
x. remove or obscure any proprietary or other notices contained in the PLDEVS Service, including in any reports or output obtained from the PLDEVS Service.
xi. use or permit the Services to be used for any illegal or misleading purpose, or any manner inconsistent with these Terms.
- 3. Beta Releases and Free Access Subscriptions. PLDEVS may provide Customer with a PLDEVS Service for free or on a trial basis (a “Free Access Subscriptions”) or with “alpha”, “beta”, or other early-stage PLDEVS Services, integrations, or features (“Beta Releases”), which are optional for Customer to use. This Section will apply to any Free Access Subscriptions or Beta Releases (even if Beta Releases are provided for a fee or counts towards Customer’s Subscription Plan) and supersedes any contrary provision in these Terms. PLDEVS may use good faith efforts in its discretion to assist Customer with Free Access Subscriptions or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in these Terms, CUSTOMER AGREES THAT ANY FREE ACCESS SUBSCRIPTION OR BETA RELEASES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SLA, OR INDEMNITY OBLIGATIONS OF ANY KIND. WITH RESPECT TO BETA RELEASES, CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT BETA RELEASES MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, OMISSIONS, AND OTHER PROBLEMS FOR WHICH PLDEVS WILL NOT BE RESPONSIBLE. ACCORDINGLY, ANY USE OF BETA RELEASES ARE AT CUSTOMER’S SOLE RISK. PLDEVS makes no promises that future versions of Beta Releases will be released or will be available under the same commercial or other terms. PLDEVS may terminate Customer’s right to use any Free Access Subscriptions or Beta Releases at any time for any reason or no reason in PLDEVS’s sole discretion, without liability
Ownership and Feedback
- 2. Aggregate/Anonymous Data. Customer agrees that PLDEVS will have the right to generate aggregate or anonymous data and that aggregate or anonymous data is owned by PLDEVS, which PLDEVS may use for any business purpose during or after the term of this Agreement (including without limitation to develop and improve PLDEVS’s products and services and to create and distribute reports and other materials). For clarity, PLDEVS will only disclose aggregate or anonymous data externally in a de-identified (anonymous) form that does not identify Customer, Authorized Users, or end users, and that is stripped of all persistent or personal identifiers. Customer is not responsible for PLDEVS’s use of aggregate or anonymous data.
- 3. PLDEVS Intellectual Property. This is a subscription agreement for access to and use of the PLDEVS Services. Customer acknowledges that it is obtaining only a limited right to use the PLDEVS Services and that irrespective of any use of the words “purchase”, “sale” or similar terms, no ownership rights are transferred to Customer (or its Authorized Users or end users) under these Terms. Customer agrees that PLDEVS (and its suppliers) retain all rights, title and interest (including all intellectual property rights) in and to all PLDEVS Services, and all related or underlying documentation, technology, code, know-how, logos, templates, anything delivered as part of support of other services, and any updates, modifications, or derivative works of any of the foregoing (all of which is deemed PLDEVS’s Confidential Information) and that PLDEVS reserves any licenses not specifically granted in these Terms. Other than the applicable mobile applications and APIs, the PLDEVS Service is offered as an online, hosted product. Accordingly, Customer acknowledges and agrees that it has no right to obtain a copy of the software behind any PLDEVS Service and that PLDEVS at its option may make updates, bug fixes, modifications or improvements to the PLDEVS Service from time-to-time.
- 4. Feedback. If Customer elects to provide any suggestions, comments, improvements, information, ideas or other feedback or related materials to PLDEVS (collectively, “Feedback”), Customer hereby grants PLDEVS a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise. Nothing in these Terms limits PLDEVS’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
Copyright and Content
- 1. The Customer MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials reproduced in The Customer's project. The Customer shall indemnify PLDEVS against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The Customer shall have full liability for the consequences of the contents of the printed literature, website or other project commissioned.
- 2. The Customer's logos, artwork, graphics and photographs remain the copyright of The Customer. Design, graphics and programming produced by PLDEVS remain the intellectual property of PLDEVS. Copyright to the finished assembled work of webpages produced by PLDEVS is owned by PLDEVS. Upon the final payment, the Customer is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Customer, and remain the property of their respective owners. PLDEVS retain the right to display graphics and other Web design elements as examples of their work in their respective portfolio.
- 3. All preliminary work carried out at The Customer's request, whether experimentally or otherwise, shall be charged to The Customer.
- 4. PLDEVS withholds the right to refuse publication of any content which it sees as being indecent, obscene or offensive towards others.
- 5. Proofs of all printed work may be submitted for The Customer's approval and PLDEVS shall not be liable for errors not corrected by The Customer in such proofs. The Customer's alterations and additional proofs necessitated thereby shall be charged as additional charges. When style, type or layout is left to the judgement of PLDEVS, changes therefrom made by The Customer shall be charged as additional charges. No responsibility will be accepted for any errors, including colour variations, in proofs approved by The Customer.
Web Site Design
- 1. PLDEVS will produce and publish temporarily on the PLDEVS web site a design proof for The Customer's approval. The design copyright of the proof shall remain the sole property of PLDEVS. Use of the design in any respect without the express written permission of PLDEVS will constitute breach of copyright.
- 2. PLDEVS will complete the design and build of The Customer's web site after receiving confirmation that the design proof is satisfactory.
- 3. Once PLDEVS has received confirmation that the design proof is satisfactory, modifications to the design specification will be considered an amendment to the contract. All modifications must be confirmed in writing.
- 4. Our consultancy service and general advice is, by its nature, subjective. It is up to The Customer whether they decide to follow our ideas and suggestions. We cannot guarantee that any of those ideas and suggestions will increase traffic to The Customer's web site, improve ratings with search engines or boost sales.
Domain Name Registration and Website Hosting
- 1.If required, PLDEVS will register domain names in The Customer's name. In doing this, PLDEVS are acting as The Customer's agent with the appropriate Naming Authority. The contract of registration is between The Customer and them and The Customer is bound by their terms and conditions.
- 2. Registration is for one year unless otherwise agreed. Although we will do our best to renew the registration for you, it is ultimately your responsibility to make sure this happens so please keep a note of the date.
- 3. PLDEVS will advise The Customer on the most appropriate and cost-effective web site hosting package supplied by a third party. The website hosting contract is between The Customer and the hosting company and The Customer is bound by their terms and conditions (available on request).
- 4. The Customer takes all risks in connection with the solvency and performance of such third parties and The Customer accepts that the third party has sole liability to provide such services. Insurance The Customer shall be responsible for effecting all necessary insurance in respect of any loss, damage, or expense that it may suffer directly or indirectly in relation to the provision or nonprovision of PLDEVS' goods and services. Vicissitude PLDEVS shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and PLDEVS shall not be liable for any loss, damage or expense suffered by The Customer or any third party arising directly or indirectly from any such matters.
Invoicing, Payment and Tender Validity for Tailor Made Services
- 1. Payment for design services must (unless otherwise agreed with PLDEVS) be made as follows: minimum 40% (or an agreed deposit) with order, plus balance on completion. Design modifications will be charged at the prevailing hourly rate dependant on type of service required.
- 2. Payment shall be made in USD to PLDEVS. Payments are due within 14 days of presentation of invoice. If due to bank charges, transfer fees, or the like, PLDEVS should receive less than its invoice amount, PLDEVS will re-invoice The Customer for the shortfall. In the event that any amount remains unpaid 14 days after invoice date, PLDEVS reserves the right to discontinue, withhold, or suspend services to The Customer to whom such unpaid amounts relate.
- 3. In accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all payments received outside of payment terms at the rate of 2% above National Bank base rate. All charges incurred by PLDEVS due to late payment or cheques that require representing or fees required to recover debts will be passed onto The Customer.
- 4. Tenders and Quotes are valid for 30 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period.
- 5. Once PLDEVS has undertaken a commission for tailor-made services, a cancellation fee of upto 75% will apply if the contract is terminated through no fault of PLDEVS. An interim invoice will also be levied for upto 75% of the total quotation value if the commissioned project's content is not received within 60 days of commission.
- 6. Online payments are processed by our payment processor: Paylane (located in Poland, 80-387 Gdańsk, ul. Arkońska 6/A3, Company Reg. no.: 0000227278)
Privacy & Security
- 2. Security. PLDEVS protects your information from unauthorized use or disclosure by taking reasonable technical and organizational measures designed to secure our systems from unauthorized access, use or modification.
- 2. Customer represents and warrants that its Customer Properties, and the collection, use, and disclosure of Customer Data will not violate any third-party rights, including intellectual property, privacy and publicity rights. Customer further represents and warrants that its collection and use of any personal information or data provided to PLDEVS complies with all applicable data protection laws, rules, and regulations. If Customer receives any take down requests or infringement notices related to Customer Data, it must promptly: (i) stop using the related item with the PLDEVS Service; and (ii) notify PLDEVS. If PLDEVS receives any take down requests or infringement notices related to Customer Data, PLDEVS may respond in accordance with its policies, and will notify and consult with the Customer on next steps.
- 3. Electronic signature responsibilities: Customer acknowledges and agrees that: (i) as between PLDEVS and Customer, Customer has exclusive control and responsibility for the content of all Customer Data, including any documents used with the Services; and,(ii) certain types of documents, agreements, or contracts may be excluded from general electronic signature laws (such as wills, trusts, court orders, or family law matters), or may have specific regulations that are applicable to them; and, (iii) Customer is solely responsible for ensuring that the documents, agreements or contracts it uses with the Services are appropriate for electronic signatures, and PLDEVS is not responsible or liable for any such determination or use; and, (iv) Consumer protection laws or regulations may impose specific requirements for electronic transactions involving consumers, Customer is solely responsible for ensuring it complies with all such laws/regulations, and PLDEVS has no obligations to make such determination or assist with fulfilling any requirements therein. If Customer is using an API or other service that allows Customer to perform any end user/participant/signer authentication, then Customer is solely responsible and liable for such authentication.
Subscriptions & Recurring Charges
- 1. Subscription Plan. The prices, features, and options of the PLDEVS Services depend on the Subscription Plan selected by Customer (including any usage or overage fees). PLDEVS does not guarantee that your particular Subscription Plan will be offered indefinitely. We reserve the right to change the prices, features, or options included in a particular Subscription Plan without notice, provided that such changes shall not take effect until your next applicable subscription term.
- 2. Recurring Charges and Upgrades. By signing up for a Subscription Plan, Customer authorizes PLDEVS to charge Customer’s payment method on a recurring basis (e.g. monthly, quarterly, or yearly depending on Customer’s Subscription Plan) without an invoice. Customer expressly authorizes PLDEVS to charge its payment method (such as a credit card) for the applicable subscription charges, any usage or overage charges, and any and all applicable taxes and fees. Such authorization is effective until the end of the Subscription Term and any applicable Renewal Term, or until Customer cancels all of its subscriptions.
- 3. If Customer exceeds their subscription plan’s usage limits, Customer will be automatically upgraded into the next highest Subscription Plan and Customer expressly acknowledges and agrees that it will pay for the upgraded Subscription Plan. All upgrade fees and charges are non-refundable, even if Customer did not use the full usage allotment of the applicable Subscription Plan.
- 4. Taxes. PLDEVS’s fees are exclusive of all taxes, and Customer must pay any applicable sales, use, VAT, GST, excise, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of PLDEVS. Customer will not deduct any applicable taxes from the payments to PLDEVS, except as required by law. If such deduction is required by law, Customer will increase the amount payable as necessary so that after making all required deductions and withholdings, PLDEVS receives and retains (free from any such liabilities) an amount equal to the amount it would have received had no such deductions or withholdings been made.
- 5. Auto-renewals and Trials. IF YOUR ACCOUNT IS SET TO AUTO-RENEWAL OR IS IN A TRIAL PERIOD AND YOU HAVE PROVIDED A METHOD OF PAYMENT TO PLDEVS FOR THE SERVICES, PLDEVS MAY CHARGE YOU AUTOMATICALLY AT THE END OF THE TRIAL OR FOR THE RENEWAL, UNLESS YOU NOTIFY PLDEVS THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION.
- 6. Purchase Orders. Customer agrees that it will pay all amounts owed, including recurring charges, without requiring any purchase orders or reference(s) to purchase order numbers. If a purchase order is required, then Customer will promptly notify PLDEVS at least thirty (30) days prior to such requirement and the parties will cooperate in good faith in implementing a billing process that includes references such purchase order numbers. Customer agrees that any purchase orders are for administrative purposes only and that any non-administrative terms (including, but not limited to legal, security, privacy, or finance terms) contained in its purchase order(s) do not apply to its purchase or use of PLDEVS services.
- 7. No Refunds. Subscription and usage or overage fees (and any other fees associated with the services, including higher subscription fees for upgrades) are non-refundable and non-creditable, except where required by law. PLDEVS subscriptions may be cancelled, and such cancellations take effect at the end of your then-current subscription term (for example, if you are on a paid monthly subscription the cancellation will take effect the following month, but if you are on a paid yearly subscription the cancellation will take effect the following year). Once your cancellation is effective, you will be downgraded to a free plan and will lose subscription features and functionality. If you don’t pay for your subscription(s) on time, we reserve the right to suspend you or remove subscription features.
- 8. Late Fees & Collection Costs. Late payments may be subject to a service charge equal to the lesser of 1.5% per month of the amount due or the maximum amount allowed by law. You agree to reimburse PLDEVS for any costs or expenses incurred by PLDEVS to collect amounts that remain unpaid after the due date. Amounts due to PLDEVS may not be withheld of offset by you against amounts due for any reason.
Subscriptions & Recurring Charges
- 1. Term. These Terms are effective until all Subscription Terms for the PLDEVS Services have expired or are terminated as expressly permitted herein.
- 2. Subscription Term and Renewals. Customer agrees to pay applicable fees for the entire Subscription Term. Customer cannot cancel or terminate a Subscription Term except as expressly permitted by Section 9.4 (Termination for Cause). If no subscription start date is specified on the applicable order form, the subscription starts when Customer first obtains access to the applicable PLDEVS Service. Each Subscription Term will automatically renew for additional successive periods equal to the initial subscription (e.g. if Customer has an annual plan then the subscription will renewal for an additional 12 month term, if Customer has a monthly plan then the subscription will renewal for additional month terms) unless: (i) otherwise stated on the applicable order form; or (ii) either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current Subscription Term. Pricing for any Subscription Term renewal, new order form, or order form changes will be at PLDEVS’s then-applicable rates.
- 3. Suspension of Service. PLDEVS may suspend Customer’s access to the PLDEVS Services if: (i) Customer’s account is overdue; or (ii) Customer has exceeded its service allocations / service limits. PLDEVS may also suspend Customer’s access to the PLDEVS Services or remove Customer Data if it determines that: (a) Customer has breached any portion of these Terms, or (b) suspension is necessary to prevent harm or liability to other customers or third parties, or to preserve the security, stability, availability or integrity of the PLDEVS Service. PLDEVS will have no liability for taking action as permitted above. For the avoidance of doubt, Customer will remain responsible for payment of fees during any suspension period under this Section 9.3. However, unless these Terms have been terminated, PLDEVS will cooperate with Customer to promptly restore access to the PLDEVS Service once we verify that Customer has resolved the condition requiring suspension.
- 4. Termination for Cause. Either party may terminate these Terms, including any related order form, if the other party: (i) fails to cure any material breach of these Terms (including a failure to pay undisputed fees) within thirty (30) days after written notice detailing the breach; (ii) ceases operation without a successor; or (iii) if permitted by applicable law, seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any of these proceedings are instituted against that party (and not dismissed within sixty (60) days thereafter).
- 5. Effect of Termination. Upon any expiration or termination of these Terms or an order form: (i) Customer’s license rights terminate and it must promptly: (a) stop use of the applicable PLDEVS Service; (b) delete (or, at PLDEVS’s request, return) any and all copies of any PLDEVS code, documentation, passwords or access codes, and any other PLDEVS Confidential Information in Customer’s possession, custody, or control; and (ii) Customer’s right to access any Customer Data in the applicable PLDEVS Service will cease and PLDEVS may delete the Customer Data at any time after 30 days from the date of termination. If PLDEVS terminates these Terms for cause as provided in Section 9.4 (Termination for Cause), any payments for the remaining portion of the Subscription Term will become due and must be paid immediately by Customer. Except where these Terms specifies an exclusive remedy, all remedies under these Terms, including termination or suspension, are cumulative and not exclusive of any other rights or remedies that may be available to a party.
- 1 Confidential Information “Confidential Information” means (a) for PLDEVS, the PLDEVS Services and Documentation; (b) for Customer, Customer Data; (c) any other information of a party that is disclosed in writing or orally and is designated as confidential or proprietary at the time of disclosure (and, in the case of oral disclosures, summarized in writing within thirty (30) days of the initial disclosure and delivered to the recipient), or that due to the nature of the information the recipient would clearly understand it to be confidential information of the disclosing party; and (d) the specific terms and conditions of these Terms, and any amendment and attachment thereof, between the parties.
- 2 Confidentiality Obligation. Each party (as the receiving party) must: (i) hold in confidence and not disclose the other party’s Confidential Information to third parties except as permitted by these Terms; and (ii) only use the other party’s Confidential Information to fulfill its obligations and exercise its rights under these Terms. Each party may share the other party’s Confidential Information with its, and its Affiliates’, employees, agents or contractors having a legitimate need to know (which, for PLDEVS, includes providing the Services and sharing with the subcontractors referenced herein) provided that the party remains responsible for any recipient’s compliance with the terms of this Section 10 and that these recipients are bound to confidentiality obligations no less protective than these Terms.
- 3 Exclusions. These confidentiality obligations do not apply to (and Confidential Information does not include) information that: (i) is or becomes public knowledge through no fault of the receiving party; (ii) was known by the receiving party before it received the Confidential Information; (iii) is rightfully obtained by the receiving party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by the receiving party without using the disclosing party’s Confidential Information. A party may also disclose the other party’s Confidential Information to the extent required by law or court order, provided it gives advance notice (if permitted by law) and cooperates in any effort by the other party to obtain confidential treatment for the information.
- 4 Remedies. The parties acknowledge that disclosing Confidential Information may cause substantial harm for which damages alone may be an insufficient remedy, and so on breach of this Section 10, each party is entitled to seek appropriate equitable relief in addition to any other remedies it may have at law.
Warranties and Disclaimers
- 1. ALL PLDEVS SERVICES, DOCUMENTATION, AND SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER PLDEVS NOR ITS SUPPLIERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PLDEVS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT PLDEVS SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, THAT CUSTOMER DATA WILL BE ACCURATE, COMPLETE, OR PRESERVED WITHOUT LOSS, OR THAT PLDEVS SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE. PLDEVS DOES NOT GUARANTEE THAT SECURITY MEASURES WILL BE ERROR-FREE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS BEYOND ITS REASONABLE CONTROL. PLDEVS WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CUSTOMER PROPERTIES, CUSTOMER DATA, THIRD-PARTY PRODUCTS, THIRD-PARTY CONTENT, OR NON-PLDEVS SERVICES (INCLUDING FOR ANY DELAYS, INTERRUPTIONS, TRANSMISSION ERRORS, SECURITY FAILURES, AND OTHER PROBLEMS CAUSED BY THESE ITEMS), FOR THE COLLECTION, OR THE USE AND DISCLOSURE OF CUSTOMER DATA AUTHORIZED BY THESE TERMS. THE DISCLAIMERS IN THIS SECTION 11 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CUSTOMER AND SITE VISITORS MAY HAVE OTHER STATUTORY RIGHTS, HOWEVER, ANY STATUTORILY REQUIRED WARRANTIES UNDER APPLICABLE LAW, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD AND MAXIMUM EXTENT PERMITTED BY LAW.
- 2. PLDEVS cannot be held liable for any information contained within The Customer's web site or printed literature. The content of such remains the copyright and intellectual property of The Customer. The Customer is liable for any reasonable legal costs incurred by PLDEVS caused by the content of The Customer's web site or other project and agrees to indemnify PLDEVS for any awards made by a court of law.
- 3. Search Engine entry and ranking can in no way be guaranteed as this remains the sole discretion of a third party search engine provider.
- 4. No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.
- 5. Where in the instance that a time scale / schedule has been given, PLDEVS will not be responsible for any money lost to The Customer if the deadline is not met.
- 6. On completion of any web site it is the sole responsibility of The Customer to manage the site. PLDEVS will no longer be responsible for the site upon completion unless an alternative agreement has been reached.
- 7. Should PLDEVS waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit PLDEVS to waive the same clause on any other occasion.
- 8. This contract shall be subject to English Law. Where it is held that PLDEVS is not entitled to rely on any term in this contract, then PLDEVS may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at their sole discretion.
- 9. PLDEVS reserves the right to amend these terms and conditions at any time. Apology These terms have been drawn up under legal advice principally to protect PLDEVS from bad debts and the compensation culture - we are generally agreeable, understanding and flexible and will be unlikely to strictly enforce these terms and conditions with Customers that are also honest, agreeable, understanding and flexible.
- 1. Customer agrees to defend, indemnify, and hold PLDEVS, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to, as applicable: (a) Customer’s access to and use of the Site; (b) violation of these Terms by Customer or its Authorized Users, as applicable; (c) infringement of any intellectual property or other right of any person or entity by Customer; (d) the nature and content of all Customer Data processed by the PLDEVS; or (e) any products or services purchased or obtained by Customer.
- 2. PLDEVS retains the exclusive right to settle, compromise and pay, without Customer’s prior consent, any and all claims or causes of action which are brought against us. PLDEVS reserves the right, at Customer’s expense, to assume the exclusive defense and control of any matter for which Customer is required to indemnify PLDEVS and Customer agrees to cooperate with our defense of these claims. Customer agrees not to settle any matter in which we are named as a defendant and/or for which Customer has indemnity obligations without our prior written consent. PLDEVS will use reasonable efforts to notify Customer of any such claim, action or proceeding upon becoming aware of it.
Limitations of Liability
- 1. Disclaimer of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLDEVS OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, COSTS OF DELAY, REPUTATIONAL HARM, OR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF THESE DAMAGES.
- 2. Cap on Damages. PLDEVS’S AND ITS SUPPLIERS’ TOTAL LIABILITY WILL NOT EXCEED IN AGGREGATE THE AMOUNT ACTUALLY PAID BY CUSTOMER TO PLDEVS FOR THE APPLICABLE PLDEVS SERVICE OR RELATED SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. FOR FREE ACCESS SUBSCRIPTIONS OR BETA RELEASES, PLDEVS’S TOTAL LIABILITY WILL NOT EXCEED IN AGGREGATE FIFTY U.S. DOLLARS ($50 US).
- 3. Exceptions. NOTWITHSTANDING THE FOREGOING, NONE OF THE LIMITATIONS IN THIS SECTION 13 EXCLUDES EITHER PARTY’S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY A PARTY’S NEGLIGENCE. IN ADDITION, THE LAWS IN SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OF LIABILITY IN THIS SECTION 13. IF ANY OF THESE LAWS IS FOUND TO APPLY TO THESE TERMS, THIS SECTION 13 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- 4. Failure of Essential Purpose. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS SECTION 13 IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, ANY PLDEVS SERVICE OR ANY RELATED SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Third Party Products and Content
- PLDEVS may provide, or third parties may provide, links to other third-party websites, services, or resources that are beyond our control. PLDEVS is not responsible for these third-party products or content. PLDEVS makes no representations or warranties as to the quality, suitability, functionality, or legality of any third-party products or third-party content to which links may be provided, and you hereby waive any claim you might have against us with respect to such. Customer agrees that PLDEVS is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party products or third-party content.