Terms and conditions
The general Terms and Conditions govern the obligations and rights of the client and Arctur d.o.o., Industrijska cesta 1a, SI-5000 Nova Gorica (hereinafter "Arctur") to use the 4PM cloud application for project management.
- 4PM is an online application.
- Arctur is the sole and exclusive owner of the material copyrights in the source code, installations, upgrades and enhancements.
- Content is all visual, written or audio data, information or material that the subscriber or users have uploaded, downloaded, published or entered into the service.
- The subscriber is a natural or legal person who activates the services provided by Arctur and assumes the obligation to pay Arctur.
- The establishment date means the beginning of the subscription relationship for the service.
- The order form is the confirmation of the order and all subsequent orders or confirmation stating the type of subscription, date of establishment, number of user licenses, ordered professional services, applicable prices, etc. Each purchase order forms an integral part of this contract. In case of inconsistencies between the terms of the Purchase Order and the terms of the Agreement, the terms specified in the Purchase Order shall apply.
- Professional Services means training, consulting and related advisory services.
- The subscription period means the successive renewal of the subscription relationship in which the subscriber uses the service.
- Services - the latest version of the online service, related software and other services that Arctur provides to the subscriber in accordance with the Agreement. The Services are available as Software as a Service (SaaS) with subscription types:
The features and functionality of subscriptions are described at 4pm.si. The services may include additional services and accessories, including third-party software, as agreed between the client and Arctur, as the case may be.
- The subscription governs the subscription type, subscription period, billing frequency, number of user licenses, applicable prices, etc.
- The free trial service is a free service for a limited period of up to 30 days, or as otherwise agreed; which is under development or evaluation and is marked "free", "demo", "trial", "beta" or "evaluation" (or similar designation).
- The general conditions are available on the website and to which users agree when they fill out the user registration form (create a user account).User(s) are all individuals who are authorized to use the services and/or participate in one or more projects of the subscriber.
- User license(s) means the number of users specified under the subscription.
- The website is the homepage of 4PM: 4pm.si.
- A user account is an account opened in the service with information about the user, rights to access and use the services.
- An authorized user is a user authorized by Arctur to manage the user account.
2. Services, License Grant, Restrictions
Arctur grants subscriber a non-transferable, non-exclusive, time-limited license to access and use the service for subscriber and users worldwide.
Arctur has the right to publish new versions and upgrades of the service, including changes that change the design, operation mode, technical specifications, system and other functions at any time and without prior notice.
Arctur undertakes to ensure the operation of the service over the Internet, 24 hours a day, 7 days a week.
Arctur implements measures that are necessary for technical, maintenance, operational or security reasons and that affect the availability of the service. Planned service interruptions must be announced in advance within the service. Service disruption will be minimal.
The Subscriber provides users with access to the content and services provided by Arctur.
The Subscriber is fully responsible for the users to whom it provides access to the services.
The order form or the description on the website defines the maximum number of users and space on the server.
Additional users or space on the server can be added at any time with another order form.
User access is for a specific user and can be used by one user.
The Subscriber can order professional services that are related to the service and are described on the website. Arctur prepares a written offer for implementation, with detailed specification and price. The parties agree on the time and method of performing professional services.
Arctur is entitled to reimbursement of direct costs arising from the provision of professional services, such as travel expenses, compensation, etc., unless otherwise agreed. Arctur can transfer the training to another partner at no additional cost to the client. The cancellation policy applies to client-premises trainings, online trainings, Arctur-premises trainings, including other services, predetermined scope, agreed number of resources or number of hours. The customer must submit a written cancellation of the ordered services at least 14 days before the agreed performance, otherwise he must pay the full price of the workshop.
Arctur reserves the right to cancel or reschedule the date, time and location of the workshop at any time, including substituting persons scheduled to conduct the training. In this case, both parties must agree to hold another workshop within three (3) months of the original training date. Arctur is not responsible for any other damage incurred by the Subscriber as a result of cancellation or postponement.
3. Free Trial Services
The free trial services are provided solely on an "as is" basis. The Subscriber may use the Test Service in accordance with the terms of this Agreement. Arctur may disable certain functionalities of the Test Service and temporarily limit the right to use. The test service is available free of charge. Arctur disclaims all warranties and obligations as set forth in this Agreement. Arctur is not responsible for any damages related to the use of the free trial service by the subscriber or users.
All data entered into the service, any adjustments made during the trial period, may be permanently lost if you do not order the service in the same volume, purchase upgrades, or export the data before the end of the trial period. If you purchase a service that contains less functionality than the free trial service, you must export your data before the trial period ends, otherwise you may lose your data permanently.
4. Obligations of the Client
The customer must comply with the security and administrative regulations as specified on the website.
The Subscriber is responsible for informing the users about the provisions and for their fulfillment.
The customer must ensure that contact information, including billing information, is up-to-date, and at the same time must notify any changes in a timely manner.
The subscriber is responsible for the activities performed by the users within the service. He is also responsible for using the service in accordance with national laws.
The subscriber is responsible for all content that the subscriber and/or users publish, upload, download or enter into the service.
The subscriber is responsible for managing users and user rights in the system. A user license may be used by one (1) user at a time.
The customer may not:
- enable the use of the service by others, except Users,
- sell, re-sell or rent the services,
- interfere with the integrity or performance of the service or third party data contained in the service, or
- gain unauthorized access to the services or related systems or networks.
The Client is obliged to notify Arctur of any alleged violation of these provisions.
5. Prices and Payment Terms
The customer must pay for the services at the prices specified in the order form or otherwise agreed. Arctur may adjust prices each year. Prices are quoted and payable in euros; based on services purchased and not actual usage. Prices do not include value added tax.
The subscriber pays for the services, based on the predetermined number of user licenses and the selected period (monthly, yearly), as agreed between the parties.
If you purchase a subscription, you authorize Arctur to bill or invoice you to your PayPal account for the first monthly fee and each month thereafter at selected intervals.
The subscriber can upgrade the existing subscription at any time with additional user licenses, space on the server or with services.
Any change in the service becomes effective with the next billing period, which means that users added in the middle of the billing period are fully charged for the next billing period. Compensation or refunds for partially used days are not possible.
The customer makes the payment using PayPal or on the basis of the issued invoice. Arctur must receive payment within eight (8) days of the date the invoice is issued or the PayPal account is debited, unless otherwise agreed. Late interest is calculated and paid in accordance with the law. Arctur reserves the right to charge a fee for each reminder. The Customer is responsible for the reasonable costs Arctur incurs in collecting overdue payments. The customer undertakes to pay the invoices in the currency and to the account indicated on the invoice.
If for any reason you refuse to pay the costs from your PayPal account or refuse to pay the invoice, Arctur may terminate the Subscription, disable access to the service or delete the subscriber's data without notice.
Arctur may temporarily disable access to the service if subscriber is more than thirty (30) days in arrears. In the event of overdue payments exceeding fifty (50) days, Arctur may terminate the subscription, delete and destroy the subscriber's content, and terminate the agreement immediately.
In case of premature termination of the subscription relationship of the services or the contract, the subscriber is not entitled to a refund of prepaid fees.
Arctur has all intellectual property rights and technical solutions of the service and the exclusive right to use them. The subscriber may use intellectual property and technical solutions only in the manner specified in this Agreement.
Subscriber or third party does not acquire any intellectual property rights in the service, software or technical solutions, or in any trademark belonging to Arctur. Access to the service is licensed and not sold.
All content uploaded, downloaded, publicly published, processed or entered into the service by the subscriber or users remains the exclusive property of the subscriber or the legal owner. Arctur is not responsible for this content.
The customer may not modify the service in any way.
7. Customer support
Arctur offers user support via the ISL system, e-mail (firstname.lastname@example.org) and telephone (05 333 15 65) regarding the use of the service.
Support is available during the week (except Slovenian holidays) during Arctur's working hours (08:00-16:30 CET).
Please submit questions and/or error reports to Arctur by e-mail or telephone in accordance with the contact information on the website.Arctur ponuja uporabniško podporo preko sistema ISL, e-pošte () in telefona (05 333 15 65) o uporabi Storitve.
8. Personal Information, Privacy, Disclosures
For smooth use of the services, the subscriber must provide certain information about the agents. Arctur will process the data for the purposes of fulfilling its obligations under the service and guarantees that it will not allow unauthorized persons to access this data.
Arctur collects, manages, processes and stores the following information about the subscriber:
- first and last name of the account holder;
- email address (username);
- 4PM login password in encrypted form;
- data on a legal entity;
- other data that users voluntarily enter in the form;
Arctur collects, manages, processes and stores the following data about users:
- name and surname;email address (username);
- 4PM login password in encrypted form;
- the legal entity with which the user (person) is related;
- other information that the user or administrator enters into 4PM: home address, telephone number, work and systematics, annual leave, salary information and hourly rates.
The client must obtain the users' consent for the processing of personal data. By completing the order form, the subscriber agrees to the processing of personal data and declares that he is aware of the processing of personal data by Arctur and the use of this data.
Arctur is the processor of the Subscriber's personal data. The client is the controller of personal data and has full responsibility for the entered data, which must comply with applicable national legislation.
If applications of third-party suppliers operate within the scope of the service, the subscriber allows Arctur to allow third-party applications access to content and personal data necessary for the interoperability of the connected applications.
For normal use of the service, the User must allow Arctur to store and collect information about the session using "cookies". The purpose of storing and collecting information is to identify users and prevent unauthorized persons from accessing the service.
Arctur may use information about the use of 4PM for anonymous statistical data processing, improving the user experience and developing 4PM.
Arctur provides sufficient technical solutions and operational procedures that protect the privacy of the subscriber and users. The client is responsible for the correctness, completeness and accuracy of the information.
Subscriber agrees that Arctur may disclose that he is a user of the service (reference). The client agrees that Arctur may use the client's name and logo on the website, as part of the general list of users, in promotional and marketing literature.
9. Security, passwords
The subscriber must ensure the safe storage and use of the usernames and passwords obtained during registration and prevent access and use by third parties. The subscriber is responsible for any unauthorized use of the service. Arctur is not liable for any loss or damage arising from the customer's failure to comply with these requirements.
When there is a suspicion that an unauthorized person knows the user's identity and/or password, the subscriber must immediately notify Arctur and change the user's identity and/or password.
The subscriber is liable for loss or damage on the part of Arctur if the subscriber intentionally or negligently discloses the user identity / password to a third party, unless the Subscriber notifies Arctur as soon as the suspicion arises.
Arctur takes reasonable measures to ensure the security of the service and meets relevant industry standards.
10. Limitation of Guarantees
Arctur guarantees to the subscriber that the services will function in accordance with the documentation available on the website, under normal use and circumstances, for the intended purpose. Guarantees does not apply to free triral service.
Except for the express guarantees set forth above, and to the extent permitted by law, Arctur disclaims all other guarantees with respect to the service, that the service will meet specific requirements, that the service will operate uninterrupted, completely secure, free of errors in the programming code, or that the these errors and omissions corrected.
11. Limitation of liability
Subject to the limitations set forth in this Agreement, each party shall be liable only for direct damages.
In the event of major errors for which Arctur is responsible and which seriously hinder the use of the service, Arctur undertakes to immediately begin their elimination. Except in the case of willful error or gross negligence, Arctur assumes no liability for errors or omissions in the service. The customer must provide notification of the error in accordance with the instructions, within a reasonable time from the discovery of the error.
The subscriber is not entitled to a reduction in payment or other sanctions in the event of disruptions or errors that impede data traffic that are not the result of Arctur's negligence.
Neither party shall be liable for indirect or consequential damages in the absence of intent or gross negligence.
12. Higher Force
The customer is exempt from liability for damages and other sanctions when the performance of obligations is prevented by special (unpredictable) circumstances beyond the customer's control.
If, due to force majeure, the operation of the customer is disabled for a period exceeding three (3) months, each customer has the right to terminate the contract in writing, without the obligation to pay compensation.
Arctur undertakes not to disclose or provide access to the information received from the subscriber or Users under this Agreement to any third party. The obligation of confidentiality does not apply to information that is generally known or in the public domain. The protection of confidentiality also applies after the termination of the agreement.
Arctur reserves the right to analyze usage patterns.
Arctur is not entitled to review the content that customers process in the service, except at the direction of the client, legal regulations, regulations of a public authority or court orders.
Arctur reserves the right to change the terms of this Agreement. The subscriber will be notified of the changes by e-mail or on the website. The subscriber is deemed to have been informed within two (2) weeks after the notice is published on the website or the message is sent by e-mail.
If the Subscriber does not agree with the change, which has negative consequences for him, he may terminate the contract within thirty (30) days of publication.
If the Client does not terminate the Agreement within the specified period, it is considered that he has accepted the new conditions.
15. Duration and termination of the agreement
The contract comes into force when the subscriber accepts the terms on the website, when concluding the subscription relationship, or accepting the terms in the order form, in the framework agreement, or in any other form.
The duration of the initial period is indicated on the purchase order or otherwise agreed.
After the initial period expires, this agreement is automatically renewed based on the renewal period selected and the prices and terms currently in effect. The subscription period is indicated on the order form or otherwise agreed.
This Agreement may be terminated by either party upon written notice effective at the end of the current subscription period, provided that all obligations are paid in full.
In the event of termination of the Agreement, Arctur is not responsible for the content created in the context of the use of the service or entered into the service by the users / subscriber. The subscriber must take care of the copies (export) of the content that he wants to keep after the termination of the subscription.
If the Subscriber terminates the subscription relationship, Arctur has the right to immediately delete and destroy all content. If the Subscriber has not renewed the subscription, Arctur has the right to delete and destroy the content within thirty (30) days after the subscription expires.
Upon termination of the subscriber relationship or contract for any reason, Arctur is entitled and obligated to permanently delete and destroy all copies of subscriber content within a reasonable time frame, including data backups and administrative procedures performed by Arctur from time to time.
Articles 11 and 13 shall also apply upon termination of this Agreement.
16. Access Restrictions, Early Termination
Arctur may immediately disable the Subscriber's access to the Service or prematurely terminate the Agreement in writing if the Subscriber or users use the Service:
- for inciting to commit crimes;
- such that it may cause loss or risk to Arctur or third parties;
- in a manner that violates Arctur's security or other regulations;
- if the dissemination of the content is believed to constitute a violation of law;
- in a manner that exploits resources or seeks unauthorized access to the Arcturi's system;
- inconsistent with the Agreement, or
- the customer does not settle the incurred obligations to Arctur within the specified period;
- the customer is in the process of liquidation or otherwise insolvent.
The client may prematurely terminate the agreement in writing in the event of:
- operational disruptions or disruptions in access to the service for a period of more than one (1) month;
- that Arctur significantly violates its obligations under the agreement and does not correct the errors within fourteen (14) days of notification, or
- Arctur is in liquidation or otherwise insolvent.
17. Marketing & Publications
Customer is willing to assist Arctur in publishing certain press releases or other communications. Arctur and the client coordinate joint press releases in advance.
References and non-media communications such as social media, newsletters, websites, presentations, blogs and other methods used by either party from time to time in which the name of the other party appears do not require the prior written consent of the other party customers.
Arctur has the right to fully or partially transfer its rights and obligations under this agreement to another company without the prior consent of the client.
Customer may not assign its rights and obligations under this Agreement without the prior written consent of Arctur.
19. General contract provisions
This agreement is drawn up in the Slovenian or English language.
If any provision of this Agreement is unenforceable for any reason, the remainder of the Agreement shall continue in full force and effect.
20. Governing Law and Disputes
This agreement and the relationship between Arctur and the Client are governed by Slovenian legislation.
In the event of any dispute relating to this Agreement, the parties agree to first attempt to resolve the dispute through negotiation before initiating legal proceedings.