Preg-Tech Communication’s terms of service for iSnow Software Solution
Effective Date: 1st June 2019
Last Modified: 30th June 2020
Thank you for selecting the iSnow Software Solutions offered by Preg-Tech Communications and/or its subsidiaries and affiliates (referred to as “Preg-Tech Communications”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly.
Each party represents that it has validly entered into the Agreement and has the legal power to do so, and represents and warrants to the other that (a) the Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such Party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such Party’s execution, delivery, or performance of the Agreement; and (c) the execution, delivery, and performance of the Agreement does not and will not violate the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound, or any applicable law or regulation.
In the event of any conflict between the Agreement and any Addendum thereto, the provisions of the Agreement take precedence.
Parties to the Agreement are bound by the following provisions:
The following terms shall have the meanings specified below:
“Account” – means any account created by the Customer subscribing to Services.
“License” – means any member subscription for a subscribed account
“Agent” means a named user(s) in the Service employed by the Customer to operate Services for or on behalf of the Customer.
“Confidential Information” means all information, whether written or oral, provided by the disclosing party to the receiving party and which (i) is known by the receiving party to be confidential; (ii) is marked as or stated to be confidential.
“Company,” “We”, “Us” – means Preg-Tech Communications. The headquarters and principal office of the Company are located at Plot 15 Lugogo By-pass, Kololo. Kampala , Uganda.
“Customer,” “You” (or “Client”) – means any user, person, or entity who creates an account and uses Services supplied by the Company under the Agreement.
“Documents” – means any relevant document that is, or may be, related to the Agreement, including, but not limited to, any applicable Addendum(s).
“Personal Data/Personal Information” means personal data within the meaning of the Data Protection and Privacy Act 2019 of Uganda on the protection of natural persons with regard to the processing of personal data and on the free movement of such data on behalf of the Customer pursuant to, or in connection with, the Agreement.
“Services” means the services and products supplied by the Company to the Customer under the Agreement.
“Sub-Processor” means entities in which software, goods, or services are used by the Company in order to run a business, in particular, to provide Services.
“Third Party Service Provider” means any third party that collects, process, and/or uses Personal Information under the instruction of Preg-Tech Communications. including any consultant, representative, advisor, or independent contractor (including Sub-Processors) who renders services to the Company, a subsidiary, or an affiliate.
“Visitor” means any person who is visiting/browsing any website where Preg-tech Communications iSnow Software Solution Services are installed.
- On principles set out in these Terms and Conditions, Preg-Tech Communications renders the following Service: iSnow Software Solution via the following Internet website: https://isnowsolutions.com or via mobile applications.
- Customer’s access to the Internet is not the subject of the Agreement. The Customer bears sole responsibility for the functionality of its Internet access, including the transmission paths and its own hardware.
- Please keep in mind that Preg-Tech Communications may modify the provisions of the Agreement, and only those currently visible on our website are up to date and binding. However, modifications shall not adversely affect the main provisions of the Agreement, such as terms of payment or termination of Services. Such changes shall take place with prior explicit notification to the Customer at least thirty (30) days before the change implementation and, if not clearly rejected within (seven) 7 days after the notification, are treated as accepted. Therefore, we encourage you to periodically familiarize yourself with the currently effective Terms and Conditions version on our Internet websites.
- Further use of Services, after explicit notification of changes by Preg-Tech Communications and in the absence of Customer rejecting such changes, after additional modifications in the Terms and Conditions have been implemented, shall constitute the consent to accept these modifications. Refusal to accept these modifications shall preclude the Customer from using the Services.
- Preg-Tech Communications provides the Customer with access to the system available on the following website: https://isnowsolutions.com for the term specified in the Agreement.
- The usage of any new Services available on the aforementioned websites, after the Customer has accepted the Terms and Conditions, shall be subject to its provisions.
- Preg-Tech Communications is exclusively entitled to add, change, remove, and adapt the functionality, the use, subject matter, and the range of particular Services, including the software provided, its contents, and its nature; as well as to cease rendering the Services, in particular, in the event of further development of the Services offered by the Company.
Access and the use of Services
- Preg-Tech Communications Services are exclusively designated for business use and must be used only in accordance with their contractual intended purpose, aim, and the Agreement. Detailed guidelines concerning the proper use of the Services are described in the Acceptable Use Policy section below.
- Preg-Tech Communications Services can be accessed solely by logging in to the Service on a particular website. Preg-Tech Communications provides the Customer with the login data required for the identification and authentication of subscribed accounts in the Service. The Customer is not permitted to transfer login data to third parties other than defined.
- Every Customer is assigned a particular password and login (or other credentials) which must not be used by third parties without the Customer’s explicit consent. The Customer is solely responsible for the proper protection and storage of their password and login (credentials). The login data for the Services may not be passed on or used by several persons at the same time. Access to, and use of, the Services is restricted to the specified number of individual Agents permitted under the Customer subscription to the applicable Service.
- The Customer must be at least 18 years of age to be able to register and to access his or her member account. Preg-Tech Communications does not knowingly provide Services to any person under the age of 18.
- The Customer undertakes to use the Services exclusively for its own purpose and in a manner consistent with the currently effective law and the Agreement.
- The Customer is fully responsible for any and all contents, phrases, and entries (“Input”) added to the network in connection with the use of offered Services. Preg-Tech Communications reserves the right to use the Input in the event of fraudulent or illegal activity of the Customer.
- You are solely responsible for ensuring that the use of the Services to store and transmit Service Data is compliant with all applicable laws and regulations.
- The Customer understands and has become familiar with the technical requirements necessary to use the Services and has no objections in respect thereof. The Customer is aware of risk and threats connected with electronic data transmission.
- Preg-Tech Communications reserves the right to access Customer accounts for technical and administrative purposes and for security reasons. The information obtained in such a manner shall not be processed or made available to any third parties unless required by the Customer or the provisions of law.
- The Customers of Preg-Tech Communications Service declares that they will not use the Service in a way that may constitute a violation of any laws.
- Violation of the Agreement, applicable laws, or generally accepted norms and rules shall lead to the termination of the Agreement.
- The Customer is responsible for providing valid and current Account information and the Customer agrees to promptly update its Account information, including payment information, with any changes that may occur (for example, a change in the Customer billing address or credit card expiration date).
Acceptable Use Policy
- This Acceptable Use Policy applies to Preg-Tech Communications Service accessible through https://isnowsolutions.com and any corresponding mobile applications.
- The Customer understands and agrees that Preg-Tech Communications shall have no responsibility or liability whatsoever for any and all data and content provided by the Customer. In particular and without limitation, the Customer may not:
- Hinder the functioning of Services, especially in the form of reverse engineering or hacking the Services, attempting to gain unauthorized access to the Services (or any portion thereof), or related systems, networks, or data;
- Use the Services in a way contradictory to the Agreement and causing a real danger for Preg-Tech Communications For example, using the Services to generate or send unsolicited communications or communication judged to be spam, or otherwise cause Preg-Tech Communications to become impaired in its ability to provide the Service;
- Misrepresent or mask the origin of any data, content, or other information you submit. For example, by “spoofing,” “phishing,” manipulating headers or other identifiers, impersonating anyone else, or access the Services via another Customer’s account without their permission;
- Use the Services in a way which violates the rights of other individuals or laws;
- Promote or advertise products or services different from the one belonging to the Customer without legal basis;
- Sublicense, license, sell, lease, rent, or otherwise make available the Services or provide access to any third party;
- Copy, translate, disassemble, decompile, reverse engineer, or otherwise modify the Services in whole or in part, or create derivative works based thereon;
- Use the Services in any manner that is contrary to applicable law, including, without limitation, the unlawful usage of data, and transmitting information or data that is unlawful or infringes any copyright, patent, trademark, trade secret, or other intellectual property rights of others;
- Endanger, interfere, compromise or circumvent the privacy, use, and/or security of the Service, including, without limitation, submitting data or content that may contain viruses or other harmful components; or
- Breach any duty toward, or rights of, any person including, without limitation, rights of publicity or privacy, or take actions that can otherwise result in consumer fraud, product liability, tort, breach of contract, injury, or damage or harm of any kind to any person;
- Use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components;
- Allow or encourage anyone else to commit any of the actions listed above.
- As a condition of using the Services, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations under the Data Protection and Privacy Act 2019. The Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data.
- All information, data, text, software, graphics, commentary, video, messages, or any other materials submitted by using the Service, (collectively, “Data”), is the property of the Customer. The Customer is solely responsible for Data collected, submitted, and generated by the Services. Preg-Tech Communications is not responsible for the way the Customer uses the Services and Data.
- The Customer is responsible for procuring and maintaining the network connections that connect Your network to the Services, including, but not limited to, browser software that supports protocols used by the Company and to follow the Company’s procedures for accessing Services. We assume no responsibility for the reliability or performance of any network connections as described in this section.
1) The use of offered Services available on the websites listed above is free of charge for the first 30 days depending on the package (free trial period).
2) After the free trial period ends, if the Customer wishes to continue using the Services, the Customer will be requested to make a payment according to the currently effective price list placed on the website.
3) All payments shall be non-cash transactions, conducted electronically by external professional entities. The Customer acknowledges and agrees that Preg-Tech Communications shall send invoices and payment reminders exclusively by electronic means.
4) Lack of payment means resignation from the provided Services.
5) The Customer is responsible for providing complete and accurate billing and contact information to the Company and notifying the Company of any changes to such information.
6) The Customer shall be given a 14-day period notice of all changes in the price list.
7) In addition, Preg-Tech Communications may change the remuneration with prior notice, including, without limitation, in the event of further development and/or the expansion of the Services offered by Preg-Tech Communications.
- The iSnow Software Solution service subscription is licensed on a monthly or yearly basis as selected by you.
- Regardless of the billing cycle, the Company provides no refunds, no right of set-off, or credits for unused time of the Services, or package downgrades if you decide to close, downgrade, or suspend your account before the end of your subscription period unless explicitly stated otherwise by us.
- Details for the trial account, paid subscription, and canceling the account are as follows:
- Trial Services
- i) After signing up, the Customer gets a new, fully-functional trial account. Use of Trial Services is subject to the Terms and Conditions of the Agreement. Free Trial Services are provided to the Customer without charge and are valid for 30 days, because we want the Customer to test the Services in its own business environment and get to know Services well before the Customer makes a decision about the subscription.
- ii) The free Trial Services are provided “as-is” and without any warranty set forth in the Agreement, and, in addition, the Company does not represent or warrant to the Customer that: (a) Customer’s use of the free Trial Services will meet Customer’s requirements, (b) Customer’s use of the free Trial Services will be uninterrupted, secure, or free from error, and (c) usage data provided through the free Trial Services will be accurate;
- Trial Services
- iii) The Customer agrees that the Company will not be liable to Customer or any third party arising out of, or in connection with, free Trial Services. In particular, the Company shall have no indemnification obligations, nor liability of any type, with respect to the free Trial Services unless such exclusion of liability has been agreed between the Customer and the Company;
- Paid subscription
Once the Customer decides to subscribe or upgrade to a paid package, we need the Customer to provide its credit card details. We do not offer refunds on already processed payments – this policy is the same for all Customers – and the Customer is responsible for all charges in its subscription.
- The Agreement shall be concluded for the term specified by the Customer (Subscription Period). The term of the Agreement shall automatically renew for additional periods equal to the expiring Subscription Period unless the Customer closes its account or either Party terminates the Agreement.
- Preg-Tech Communications shall, at the prior written request of the Customer, delete the Customer’s Personal Data within (thirty) 30 days.
- Closing the account by the Customer before the end of Subscription Period for which a payment has been made does not obligate Preg-Tech Communications to refund the amount for the unused period.
- Preg-Tech Communications reserves the right to close the Customer’s account and terminate the Agreement anytime without prior notification to the Customer in case of breaching provisions of the Agreement or in the event of illegal use of the furnished Services. Preg-Tech Communications shall not be liable for any damages suffered by the Customer,the End-User, or any other third party arisen due to the suspension or closing of the Account by the Customer, or by the Company, or in the event of illegal or for other reasons arising from the faulty use of the offered Services by the Customer.
- The Agreement will terminate simultaneously and automatically with the termination of any of the Addendum(s) unless otherwise mutually agreed by Parties.
Data Protection Compliance
- In order to fulfill the contractual obligations of the Services, there will be the processing of personal data for the Customer. Preg-Tech Communications is dedicated to providing data protection and to promote compliance with rules set forth by, among others, the Data Protection and Privacy Act, 2019.
- The Customer shall comply with Data Protection Laws and Regulations, including, without limitation, to be authorized to pass on personal data to Preg-Tech Communications for the purposes stipulated in the Agreement.
- Any observation or breach of data protection may be reported via email@example.com (or via support e-mail of the Service you use).
- Preg-Tech Communications will never sell, rent, or lease Customer service data to any third party. We will not share Customer service data with third parties, except as permitted by the Agreement and in order to provide, secure, and support the Services.
- Preg-Tech Communications guarantees the highest quality of its operations to ensure accessibility and continuity of offered Services in accordance with their use and purpose.
- Preg-Tech Communications does not guarantee the compatibility of offered Services with other customer’s software. The Customer shall bear responsibility for the choice and consequences following from the use of other software, including its applicability to the Customer’s objectives.
- Preg-Tech Communications shall bear no liability in particular for:
- all negative consequences being the result of force majeure;
- unlawful and inconsistent with the Agreement usage of Services;
- disturbances in accessibility of offered Services not caused by Preg-Tech Communications;
- damages suffered by the Customer or any other person or entity having arisen due to the third-party claims, suspension or closing of the account by the Customer, or for other reasons arising from the Customer’s fault;
- damages caused by the Customer or the impossibility to use Services, incidental and consequential damages, including damage actually suffered, the loss of expected profits/benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, or company reputation infringement;
- Preg-Tech Communications advises the Customer that restrictions or impairments of the Service may arise which are beyond the control of Preg-Tech Communications including, without limitation, actions of third parties who do not act on behalf of Preg-Tech Communications, force majeure, fires, strikes, accidents, and technical conditions beyond the control of Preg-Tech Communications, e.g. the Internet. The hardware, software, and technical infrastructure used by the Customer can also influence the Services. Any delay or default affecting the availability, functionality, or timely performance of the Services caused by such circumstances will not constitute a breach of the Agreement;
- The Company shall, at its sole discretion, repair or re-perform such Services (or correct the defective part). If, at the sole discretion of the Company, the error cannot be corrected with reasonable commercial efforts, then the Company, at its sole discretion, may terminate the affected Services and credit the price of such defective Services that the Customer prepaid on a pro-rata basis for the period following the effective date of termination of the affected Services. THESE REMEDIES SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND PREG-TECH COMMUNICATION’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED GUARANTEE SET FORTH IN THIS SECTION.
- The Company shall be liable for any direct damage caused to the Customer due to the non-compliance with its obligations under the Agreement, excluding the situation where the damages are the result of an action or omission for which the Company is not responsible. However, in no event shall the aggregate liability of the Company with all of its affiliates arising out of, or related to, the Agreement, (including the applicable Addendum(s)), exceed the total amount paid by the Customer and its affiliates hereunder for the Services giving rise to the liability in the twelve (12) months preceding the first incident out of which the liability arose. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability but will not limit Customer’s and its affiliates’ payment obligations under the Agreement.
- The Customer agrees to the following limitation of liability to the extent permitted by applicable law: the Customer expressly understands and agrees that the Company shall not be liable to the Customer for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Services; (b) statements or conduct of any third party on or in the Services; or (c) any other matter relating to the Services.
- If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Governing Law. The Agreement shall be governed by the laws of Uganda, without giving effect to any principles of conflicts of law. The sole and exclusive jurisdiction and venue for any suit, action, or proceeding arising out of the Agreement shall be an appropriate federal or state court located in Uganda, and the Parties agree not to raise, and hereby waive, any objections. All disputes arising out of the Agreement shall be primarily resolved amicably. Preg-Tech Communications is open to set up a mediation in case of any conflict. Prior to initiating any legal action arising out of the Agreement, a Party shall provide the other Party written notice of a dispute and the Parties shall actively and in good faith negotiate with an aim to speedy resolution of such dispute within thirty (30) days of the receipt of such notice.