Terms and Conditions
Short and Sweet Version
We will maintain professional standards throughout our organization and do our very best to provide your team with great service while protecting the privacy and the integrity of your data. We promise not to share your personal information or data with anyone at all, ever. Period. What's yours is yours and what's ours is ours. Do no evil or we will terminate your account.
Long and Boring Version
Welcome to the online services of Open Business Solutions OOD. The OBS ERP site (the "Service"), located at obs2go.com and OBS ERP, is owned and operated by Open Business Solutions OOD Corporation("Open Business Solutions OOD") and is provided to you (the "Account Holder") under the terms and conditions outlined below. By using the Service, the Account Holder acknowledges the terms and conditions of this agreement (the "Agreement") and agrees to use the Service accordingly. This Agreement shall continue to be in effect for as long as the Account Holder is registered to use the Service. Any new features that enhance or extend the current Service shall be subject to this Agreement. Continued use of the Service after any such changes shall constitute the Account Holder’s consent to such changes.
PLEASE READ THIS AGREEMENT CAREFULLY
Open Business Solutions OOD shall provide the Account Holder with the processing and storage of personal information (the "Content"). Open Business Solutions OOD cannot guarantee the continuous availability of the Service or any specific features of the Service. Open Business Solutions OOD reserves the right to change the Service without prior notice.
The Service is not available to children under the age of 16. If the Account Holder is under the age of 16, under no circumstances shall the Account Holder send us any personally identifying information, attempt to register or otherwise make use of the Service. If parents believe their child (under the age of 18) has accessed our system without their permission, they can contact our Customer Care department the contact information of which is located at the bottom of this Agreement.
The Account Holder may stop using the Service and have their Content removed at any time. To do so, the Account Holder must contact Open Business Solutions OOD by email. Open Business Solutions OOD will remove the Content related to the Account Holder shortly after cancellation. If the Account Holder stops using their Content by not logging into the Service for a period of two (2) months, Open Business Solutions OOD reserves the right to remove all Content related to the Account Holder. Independent Parties Open Business Solutions OOD provides a private service, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
The Account Holder acknowledges that Open Business Solutions OOD does not screen Content and that Open Business Solutions OOD and its designees shall have the right (but not the obligation) to refuse or remove in their sole discretion any Content that violates the Agreement. The Account Holder shall not do anything that could reasonably be expected to damage, disable, overload, or materially impair the Service, or is likely to interfere with any other party's use of the Service.
The Account Holder agrees to provide true, accurate and complete registration information and to maintain and promptly update Account Holder information as applicable. The Account Holder agrees not to impersonate any person or use a name that the Account Holder is not authorized to use. If any information that the Account Holder provides is false, inaccurate, not up-to-date or incomplete Open Business Solutions OOD has the right, without excluding other remedies, to terminate the Account Holder’s access to the Service and to demand from the Account Holder compensation for any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. The Account Holder authorizes Open Business Solutions OOD to make any inquiries they consider necessary to validate Account Holder’s registration.
The Account Holder agrees that they have access to the Internet and to a current email address other than the one that may have been provided to the Account Holder by Open Business Solutions OOD. This email must be specified during the registration process when the Account Holder signs up to the Service and will be the email address that Open Business Solutions OOD will use to contact the Account Holder. Open Business Solutions OOD shall not be held liable for any undelivered email communication or any costs the Account Holder may incur in maintaining Internet access and an email account. The Account Holder shall promptly notify Open Business Solutions OOD of any change to their email address.
The Account Holder shall neither disclose their account password(s) to anyone nor shall the Account Holder use anyone else's password. Open Business Solutions OOD shall not be held responsible for losses incurred by Account Holders as the result of their misuse of passwords.
If the Account Holder uses, or attempts to use the Service for other purposes, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or the functionality of the Service, the Account Holder’s access to the Service shall be terminated and the Account Holder shall be subject to damages and other penalties, including criminal prosecution where applicable.
RIGHTS AND LIMITATIONS OF LIABILITY OF Open Business Solutions OOD
Fees, Payments, and Refunds
Open Business Solutions OOD reserves the right to change any fees it charges the Account Holder for access to the Service. Fees are posted at https://www.obs2go.com/saas and are in euro. Unless otherwise agreed to by Open Business Solutions OOD, a valid credit card is required for paid Service subscription plans. Free Service subscription plans are available without the need to provide a credit card. An upgrade from any free plan to any paid plan will end the free trial. The Account Holder will be billed for their first month of usage immediately upon upgrading. The Service is billed in advance on a monthly basis and is non-refundable. Open Business Solutions OOD does not offer refunds or credit for partial months of service. All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and the Account Holder shall be responsible for payment of all such taxes, levies, or duties. Downgrading to a lower plan level may cause the loss of Content, features or capacity. Open Business Solutions OOD shall not accept any liability for such loss.
No charge for use of the Service will be made during any free-trial period. The Account Holder is not however entitled to benefit from more than one free trial. If Open Business Solutions OOD discovers that more than one free trial has been requested, the Account Holder will become liable for payment of the subscription fee for all use of the Service made after the first free trial period.
Open Business Solutions OOD has the right, in its sole discretion, to suspend or terminate the Service and refuse any and all current or future use of the Service, or any other Open Business Solutions OOD service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of all Content related to the Account Holder. Open Business Solutions OOD reserves the right to refuse Service to anyone for any reason at any time.
Once any free-trial period is over, Open Business Solutions OOD will automatically renew the Account Holder's subscription and bill them every month using the credit or debit card details provided to us, until Account Holder terminates their account.
Open Business Solutions OOD shall be under no obligation to provide the Service if the subscription fee is not paid to us on time. The Account Holder shall ensure that Open Business Solutions OOD has complete and accurate billing and contact information throughout the subscription period. If subscription fees become overdue, because, for example, the Account Holder's credit card has expired, Open Business Solutions OOD reserves the right to suspend access to the Service until the balance is paid, or Open Business Solutions OOD may remove the Account Holder's Content and prevent further access permanently.
When applicable, Open Business Solutions OOD shall make reasonable efforts to ensure that purchases involving checks and credit cards are processed in a timely manner. However, a number of factors, some of which are beyond our control, may affect funds approval. Open Business Solutions OOD makes no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or in the U.S. or international mail service, nor shall we be held liable for any actual or consequential damages arising from any claim of delay.
Limitation of Liability
As the Account Holder, you expressly understand and agree that in no event shall Open Business Solutions OOD be held liable for (i) loss or inaccuracy of Content, (ii) interruption , suspension, or termination of the Service, (iii) damages caused other than by intentional misconduct, or (iv) any direct, indirect, special, incidental, consequential, exemplary, or punitive damages whatsoever, including, but not limited to, damages for lost profits, goodwill, disclosure of confidential information, or loss of privacy, arising out of or in any way related to the use of or inability to use the Service, or any of the associated services, even if Open Business Solutions OOD has been advised of the possibility of such damages. In no event shall Open Business Solutions OOD be held liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
The Account Holder agrees to indemnify and hold Open Business Solutions OOD and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content the Account Holder submits, posts, transmits or makes available through the Service, the Account Holder's use of the Service, the Account Holder's connection to the Service, the Account Holder's violation of the Agreement, or the Account Holder's violation of any rights of another.
DISCLAIMER OF WARRANTIES
THE ACCOUNT HOLDER EXPRESSLY UNDERSTANDS AND AGREES THAT THE USE OF THE SERVICE IS AT THE ACCOUNT HOLDER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Open Business Solutions OOD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Open Business Solutions OOD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET THE ACCOUNT HOLDER’S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY ACCOUNT HOLDER THROUGH THE SERVICE WILL MEET THE ACCOUNT HOLDER’S EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. Copyright All copyright and other intellectual property rights in the Service (including any such rights in our website) are either owned by or licensed to Open Business Solutions OOD and nothing in this Agreement shall transfer any ownership rights whatsoever to the Account Holder. The Account Holder retains ownership of any copyright and any other intellectual property rights related to the Account Holder's Content. Intellectual property rights in Content will not be transferred to Open Business Solutions OOD.
Open Business Solutions OOD, OBS ERP, and all related logos, products, and services described in this website are either trademarks or registered trademarks of Open Business Solutions OOD and (aside from "Use of Logos" below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Open Business Solutions OOD. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Open Business Solutions OOD and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Open Business Solutions OOD.
Use of Logos
Notwithstanding the above, logos provided by Open Business Solutions OOD may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to Open Business Solutions OOD or the Service. Open Business Solutions OOD logos may not be displayed in any manner that implies sponsorship or endorsement by Open Business Solutions OOD.
Waiver and Severability
If either Account Holder or Open Business Solutions OOD breaches the Agreement, it doesn't mean that any further breach cannot be enforced. Similarly, if any part of the Agreement turns out to be invalid or unenforceable for any reason whatsoever, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the Agreement will still be binding.
To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding the Account Holder account and/or the Account Holder's use of the Service ("Communications"), may be provided to Account Holder electronically and the Account Holder agrees to receive Communications in electronic form. Electronic Communications may be posted on the pages within the Service and/or delivered to the Account Holder's email address. The Account Holder will print a copy of any Communications and retain it for their records. All Communications in either electronic or paper format will be considered to be in "Writing", and to have been received no later than five (5) business days after posting or dissemination, whether or not the Account Holder has received or retrieved the Communication.
All Services to be provided, all obligations of Open Business Solutions OOD and all Communication between the parties with respect to this Agreement will be done in the English language. Web pages which are translated from English to other languages may contain errors/omissions. If for any reason the translated text is incorrect, or misleading, the English text shall be deemed as the official version.
Contacting Open Business Solutions OOD
If the Account Holder has any questions regarding this Agreement, the practices of Open Business Solutions OOD, or Account Holder’s dealings with the Service, contact: firstname.lastname@example.org