1.2 Operator. Timebase, UAB (registry code 303173786, address Gedimino ave. 27, Vilnius, Lithuania).
1.3 Information System. An integrated cloud solution for the provision of the Services, including applications, software, hardware, databases, interfaces, connected media, documentation, updates, version upgrades and other related components or materials.
1.5 User. A natural person who uses the Platform in the name of and under the authorization of the Client.
1.6 User Account. The User profile connected to the Client Account for the use of the Platform, which is used to identify the User, provide personal access to the Services, and to change and save the settings.
1.7 Client Account. A profile connected to a specific Client for the use of the Platform used to identify the Client, provide the Users connected to the Client with access to the Services, and to change and save the settings.
1.8 Client. A person operating in the economic and professional activity who has entered into the Contract with the Operator.
1.9 Firm Account. A profile used to distinguish between and/or filter the information related to the Client’s different companies or departments within the Client Account (one or several).
1.11 Party/Parties. In singular, either the Operator or the Client, depending on the context, in plural both.
1.12 Contents. The data, works and other materials added by the Users (photo, picture, drawing, text, etc.).
1.13 Platform. Additional Application, and the Information System as a whole.
1.14 Services. Any services provided to the Users under the Contract.
1.15 Additional Application. Software installed on the Client’s server or User device in order to synchronize information with the Client’s other solutions and systems, which functions with the corresponding Services.
1.16 Web Site. A collection of all domains (such as timebas.lt) and the web documents available via their subdomains (including pictures, videos, PHP and HTML files).
2. GENERAL PRINCIPLES
2.1 The Platform is an integrated software solution for the management of work organization, sales, and finances, and is aimed for use by persons operating in an economic and professional activity.
2.2 It is the responsibility of the Client and the Users to ensure that the Platform functions in accordance with their needs and the requirements arising from applicable laws.
2.3 In order to utilize the full functionality of the Platform, the Client must create a Client Account and, in certain instances, install the Additional Application onto its server and/or Users’ computers.
2.5 Neither the Client nor User may:
2.6 The Operator shall do anything reasonably expected from it to ensure that the Platform and Services are available for the Client, function securely, reflect the newest technological solutions and are comfortable to use. The Client understands and agrees that the Operator has the right to improve and enhance the technical structure, security, availability, and functionality of the Platform at any time. The Operator and Client may agree in the Special Conditions on the criteria for the reliability, availability, and security of the Platform.
2.7 The Client takes into consideration and agrees that the Operator may:
3. ENTRY INTO CONTRACT
3.1 The Contract shall be deemed to be concluded when:
3.3 Upon concluding the Contract, the Client or its representative shall verify that:
3.4 The correctness of the above mentioned authorizations is assumed and the Operator shall not be obligated to, but may, verify them.
4. TERMS AND CONDITIONS OF THE CONTRACT
4.3 The communication of the Operator with Clients and Users shall take place in English or Lithuanian unless agreed otherwise. The Contract and other documentation on the provision of Services are prepared in English or Lithuanian. The Operator may make the translations of these documents available in other languages, in order to simplify understanding of the terms and conditions. In the case of any discrepancies between the English or Lithuanian language version and a translation, the English or Lithuanian language text shall prevail.
5. CLIENT ACCOUNT AND USER ACCOUNT
5.1 Client and User Accounts are necessary to use the main functionality of the Platform. If a natural person is related to several Clients, a separate User Account is created for that natural person under each Client Account.
5.2 The User Accounts are administered by the Client, i.e. the Client has the right to create, change and deactivate User Accounts at its own discretion, incl. renewing the User Account passwords and the information about the User.
5.3 Upon each log-in to the Platform via its account, the User verifies that:
5.4 The correctness of the above mentioned authorizations is assumed and the Operator shall not be obligated to, but may, verify them.
5.5 Upon creation of an account, a Client and User shall be given a respective account name and password that enable them to log in to the Platform. The Client and Users shall keep their account name and password secret and prevent them from falling into the possession of third parties. The Operator also facilitates Client log in to the Platform via a unique Client or User link, in which case entering the account name and password will not be necessary. Clients can deactivate this option under the settings of their Client Account.
5.6 A Client or User shall immediately notify the Operator:
6. FEES & PAYMENT
6.1 The Operator has the right to prescribe fees for the use of the Platform by publishing the respective price packages on the Web Site. The Client shall choose the most suitable price package from among them, in order to use the Platform.
6.2 The Client is obliged to remunerate the Operator for using the Platform and the provided Services in accordance with the price package, add-ons and number of Client and User accounts selected by the Client.
6.3 Each Client can select the FREE plan, which allows to use the Platform free of charge for an unlimited period of time.
6.4 If the Client wishes to upgrade his plan to PREMIUM, he/she/it shall select the plan or contact Operator about changing the terms of his/hers plan.
6.5 Client pays for each passed period (usually one calendar month) for the use of the Platform.
6.6 Before the end of each payment period, the Client is issued an invoice or payment request. The Client must make a payment by the due date indicated on the invoice or payment request.
6.7 If the Client is paying by credit card, the Client authorizes the Operator to charge their credit card or bank account for all fees payable for each payment period. The Client further authorizes the Operator to use a third party to process payments and consents to the disclosure of their payment information to such a third party.
6.8 If the Client is paying by invoice, the Operator will issue an invoice at the beginning of each billing period. All amounts invoiced are due and payable by the date marked on the invoice.
6.9 The Client can change its price package, activate add-ons and change the number of user accounts on the Platform. The change of fee due to these changes shall be reflected on the prepayment invoice issued to the Client for the next period. The possibilities of use enabled with the higher-priced packages shall enter into force immediately after the Client confirms the change of the package. The changes to lower-price packages shall enter into force at the beginning of the next period.
6.10 Already made prepayments will not be returned, including when:
6.11 If the Client fails to perform its obligation to pay for at least two weeks, the Operator has the right to restrict the Client’s access to the Platform and refuse to provide the Services. At that, the Operator also has the right to calculate fees also for the period in which the abovementioned restrictions apply towards the Client. The Operator shall notify the Client of implementation of the planned restrictions due to violation of the payment obligation to the Client’s e-mail address at least twice, with a minimum interval of 2 working days.
6.12 All fees are exclusive of taxes, which the Operator will charge where applicable.
7.1 The Operator provides a content hosting and maintenance service to the Client via the Platform. The Contents shall be preserved in a server administered by the Operator or its service provider. Upon entry into the Contract, the Client agrees that the Contents are hosted and maintained in a server of the Operator or its service provider, gives the Operator the necessary rights (including a non-exclusive license regarding any Contents protected under intellectual property rights) and confirms that he/she/it has the right to do so.
7.2 The Operator shall take all the reasonably necessary security measures to protect the Contents from unauthorized persons and malware, and to ensure preservation of the Contents throughout the validity of the Contract. The Users can only access the Contents that the Client has made available to them on the Platform.
7.3 If the User adds Contents to the Platform, it shall ensure its accuracy, correctness, completeness, and relevance and its compliance with the Contract, good practice, and legal acts.
7.4 The User may not add any Contents to the Platform that contain viruses or other computer programs and files that damage or otherwise disrupt the regular functioning of the Platform, or which are stored in the computers of the Operator or User, and disrupt or damage their normal functioning.
7.5 The Operator enables to formulate Contents on different standard document templates on the Platform, which are available in English and also other languages.
7.6 The Client and the User shall adhere to all applicable legal acts upon using the Platform. Among other things, it means that the User may not add Contents to the Platform if it does not have the permission of the respective person to do so or for the use of which he/she/it has no legislative grounds (e.g. Contents that are protected under intellectual property rights).
8. INTELLECTUAL PROPERTY
8.1 The Platform, the Web Site and any parts and elements thereof (including databases and software, business names, trademarks, business secrets, domain names, etc.) are and may be protected under the intellectual property rights that belong to the Operator, its employees or cooperation partners.
8.2 During the validity of the Contract, the Operator allows the Client and the Users to utilize the functionality of the Platform for its internal needs, in compliance with the Contract for the regular purpose for which the Platform is intended. The Operator does not give the Client or User any other licences or rights and the Client or the User shall not obtain intellectual property rights to the Platform or the Web Site.
8.3 The User or Client may not change, copy, duplicate, distribute, process, translate, make extracts of, transmit, add to other databases or make available to the public the Platform, the Web Site or their parts, or use the intellectual property rights concerning the Platform or Web Site in any other way without the prior written consent from the Operator. The Client and User also have no right to issue sublicenses for the use of the Platform, the Web Site or their parts, or create new intellectual property objects based on them. The Platform, the Web Site or any of their parts may not be sold, rented, licenced, interfaced with a system of the Client or third parties, or used by any programmes that overload or interfere with the work of the Platform or Web Site or distort the Contents, without the prior written consent from the Operator.
9. SUPPORT, MAINTENANCE AND DEVELOPMENT SERVICES
9.1 The Operator shall constantly renew the mechanisms that serve as the basis for the functioning of the Platform in order to provide high-quality Services to the Clients and Users. To achieve that objective, the Operator may change the Platform and its components from time to time, as well as change the requirements for the software and hardware required to use the Platform and the Services provided via that Platform. The Operator shall notify Clients and Users of the most important changes at least 7 days before they enter into force via internal notifications, email or Web Site.
9.2 The Operator shall provide different helpful materials for the use of the Platform, available at the Web Site. In case there are any problems, questions or suggestions, the Clients and the Users can contact the Operator via the contacts indicated on the Web Site.
9.3 If the Client uses the Platform under a price package, the Operator shall ensure that the Client also receives all the version upgrades and updates in the technical solution of the Platform.
9.4 The Operator has the right to temporarily restrict access to the Platform if it is necessary for amending, maintaining or updating of the Platform, due to replacement, changing, or maintenance works done by third parties, and other cases that emerge from the legal acts or decisions of competent authorities. In order to disrupt the use of the Platform as little as possible, the Operator shall perform regular maintenance and/or development works on working days from 18:00-07:00 (CET), or on the weekends.
9.5 If errors or any other functioning flaws are found in the Platform that hinder the use of the Platform, the Operator shall do everything reasonably possible to eliminate these disturbances as soon as possible, but no later than 48 hours after receipt of the error message.
10. TERMINATION OF THE CONTRACT
10.1 The Client has the right to cancel the Contract at any time unilaterally without cause by informing the Operator thereof by e-mail or via the Platform.
10.2 The Operator has the right to cancel the Contract unilaterally without cause by informing the Client thereof by e-mail or via the Platform 30 days before the planned date of termination of the Contract. In that case, the Contract shall be deemed terminated after 30 days have passed from submission of the cancellation notice.
10.3 The Operator shall have the right to unilaterally cancel the Contract immediately, without prior notice, if:
10.4 Either Party has the right to cancel the Contract without notice if the other Party violates the terms of this Contract and has not eliminated the violation within the additional reasonable period of time given.
10.5 Upon termination of the Contract, the Operator shall close the respective accounts and delete their Contents as soon as possible after the passing of 2 months, but no later than after 1 year has passed from the expiry of the Contract. If the Client notifies the Operator thereof within 2 months as of termination of the Contract, the Operator shall transfer to the Client a copy of the Contents in the Client Account, in a generally recognized format.
11. LEGAL REMEDIES OF THE OPERATOR
11.1 The Operator is not obligated to check the Contents uploaded by Users onto the Platform, nor User activities on the Platform. The Operator is also not obligated to monitor User activity, information or the Contents they add to or transfer via the Platform, store in cache memory, or save. At the same time, the Operator is obligated under the Information Society Services Act to inform competent supervisory agencies of possible illegal activity or of the information provided, and identify the Clients and Users to whom it is providing the service of data storage.
11.2 If a Client or User breaches the Contract, the good practice of the Platform, or the legislation, the Operator shall have the right to:
11.3 If the violation by the Client or User is repeated or material in some other way, the Operator has the right to:
11.4 The Operator may restore the Contents that were removed from the Platform due to a complaint or re-establish access to them if the Operator is presented with convincing evidence of the compliance of the Contents to the Contract, good practice, or legal acts.
12. RESTRICTION OF LIABILITY
12.2 If it is permitted under the applicable law, and to the extent thereof, the Operator shall not be liable before the Client or User for the loss of profit of, pure economic damage, or non-patrimonial damage, as well as other indirect, special, consequential, warning or punishing damages. The Operator shall also not be responsible for the damage and other consequences that have arisen due to the following reasons:
13. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
13.1 This Contract is governed by the laws of the Lithuania.
13.2 If the Client is not satisfied with the activities of the Operator, it has the right to file a complaint to the Operator. The Operator shall make efforts to settle the disputes by means of negotiations. Other contractual disputes between a Client and the Operator shall also be sought to be settled by negotiations.
13.3 If the settlement of a complaint or other disputes by negotiation fails, it shall be resolved in the Court in Lithuania.