1. Introduction – Acceptance of terms
The Company with the distinctive title "Olon Systems" with the website https://olonsystems.com provides internet services and henceforth will be referred to as the "Company".
The user of any of our services will hereinafter be referred to as the "User".
The Company offers and licenses all of its services exclusively using the ‘SaaS’ (software as a service) model.
The Company does not sell any kind of goods either physical or virtual including its own proprietary software which is protected by copyright with the distinctive titles “Olon W.A.F”, “ΦΚ Framework”, ”ΦΚ CMS ESHOP Framework”, ”PK Engine” and ”O.F. W.C.F”.
Please read our service terms mentioned herein before you use any of our services.
The access as well as the use of the services provided by Company implies the full and unconditional acceptance of the terms and conditions of use of the services set by Company.
In the event of non-acceptance of any of the terms hereof, the use of any service provided by Company is expressly prohibited.
In addition, if for any reason, any term of use is breached, Company reserves the right to charge the User extra, or even to discontinue the provision of services to the User with or without any notice whatsoever, depending on the circumstances that led to such action.
Also in the case of discontinuation of services the terms presented in section 8 ‘Termination’ also apply.
Company reserves the right, at its sole discretion, to modify or replace the Terms of Service (including any Policy), in whole or in part, at any time. Change notices may be communicated via e-mail, or other reasonable means. Users should periodically check the Terms of Service for changes. Continued use of the Service following any change to the Terms of Service constitutes User’s acceptance of those changes.
The Terms of Service may not otherwise be amended or avoided in any case, even if any kind of service agreement written or not exists between the User and Company.
Company may terminate, modify or suspend the Service, in whole or in part, at any time, with or without notice following the terms stated at section 1 and 8.
You must be at least 18 years of age to visit the Site and use the Service. If you do not so qualify, you are prohibited from accessing or using the Service. Company will not collect personally identifiable information from any person that is actually known to us to be a child under the age of 18. If Company is alerted that a User is under the age of 18, Company will take steps to remove the User’s content and terminate and/or block his/her access to the Service.
Company may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time.
5. SaaS Services - General terms
All of the offered services are without any explicit warranty whatsoever. Users are obligated to respect rules stated at this section without any deviation.
Technical support is offered according to each plan terms separately and cannot be modified by any user by any means. If a user demands further technical support that his SaaS plan offers then he will be charged extra depending of the nature of the support request itself.
Also if a SaaS user requires any other service or action that we can offer but his SaaS plan does not cover it then he will receive a quote and after payment we will provide the requested service or action.
Finally in the case of Custom SaaS plans that we provide the terms of the written service agreement between the User and Company are always added (not amended or avoided) to the terms presented herein.
5.1. SaaS Services - Orders / Service activation
All pending service orders are valid for a period of 3 days from the date of their notification to the User.
After the end of the 3 day period and if the order is not completed then the order and all its contents will automatically cease to apply.
The time taken to execute an order varies by user due to the nature of the services provided by the company and the period up to the date of activation of the services stated in the order the user should have timely made available to the company that information has been requested.
Otherwise we have no liability whatsoever for any delay in the activation of the service.
6. SaaS Services - User Conduct
A user may only use the Service for his/her personal and noncommercial use, or as part of an evaluation of the Service with regard to potential commercial use thereof. Any commercial use of the Service requires a separate written service agreement with Company.
The user will comply with all applicable laws, regulations and rules in connection with the Service. Without limiting the foregoing, Users shall not use the Service for the purpose of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information.
User may not use the Service in violation of these Terms of Service.
User agrees not to take any action using any aspect of the Service, in any manner, that:
is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, profane or which otherwise violates the Terms of Service;
infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;
reveals any personal information about another individual, including another person’s name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), chain letters or any form of lottery or gambling;
imposes an unreasonable or disproportionately large load on Company’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Company or any third party;
harvests, scrapes or collects any information from the Site;
seeks to solicit information from or about minors; or
impersonates any person or entity, including any employee or representative of Company.
Company may, at its sole discretion, immediately suspend or terminate any User’s access to the Service should its conduct fail (or appear to fail) to strictly conform to any provision of these Terms of Service.
Company may, at any time, monitor, review, remove, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement). Company is not responsible for any failure or delay in removing any such content.
7. Proprietary rights and copyright
User acknowledges and agrees that the Service and all content, materials and all websites created by or for Company and made available on or via the Service are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Company (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto.
All product names, logos, brands,trademarks and registered trademarks are property of their respective owners.
User may not sell, license, reverse engineer, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Service or its content and materials.
Systematic retrieval of data or other content from the Site by any User to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited and causes the automatic ‘termination’ as stated bellow of all of the services offered to the user.
Company may terminate any User’s access to all or any part of the Service, with or without cause, with or without notice, at any time.
Should the User himself wish to terminate the services offered by the Company, he is obliged to notify the Company at least 1 month prior to their expiry date, otherwise the interruption shall take place immediately next month and there shall be a corresponding charge to the User.
Also in the same case (User termination request) it is possible to transfer User data to other web platforms (at a charge by agreement), or the ability to store all User Data (at a small annual fee) in backup form, which can be used if the User wishes to re-enable the Services provided without any interference and without any data loss.
Upon any termination, the User will be immediately deleted and blocked from using the Service, except that (a) he has selected the storage service as mentioned in the above paragraph so he remains as a user but with all its services disabled, (b) all obligations that accrued prior to the effective date of termination and all remedies for breach of the Terms of Service shall survive and (c) Sections 1- 2 & 9 – 16 shall survive.
9. Disclaimer of all warranties
The service is provided “as is” and “as available”. The service is provided without warranty of any kind, express or implied.
The company and its affiliates, licensors and suppliers do not warrant that: (a) any information will be timely, accurate, reliable or correct; (b) the service will be secure or available at any particular time or place; (c) any defects or errors will be corrected; (d) the service will be free of viruses or other harmful components; (e) any result or outcome can be achieved. User’s use of the service is solely at its own risk.
10. Limitation of liability
User agrees that Company shall not be responsible or liable for any material or data sent or received or not sent or received through the Service. User agrees that the Company is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another’s rights, including intellectual property rights.
User agrees, in connection with any use of the Service: (a) to release Company (and its licensors and suppliers) from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with use of the Service by such User (including any disputes with other Users using the Service); and (b) to attempt to settle any disputes directly between other Users or other third parties.
In no event shall the company (or its affiliates, licensors and suppliers) be liable concerning any subject matter related to the service regardless of the form of claim or action (whether in contract, negligence, strict liability or otherwise) for
(a) any matter because the internet and its rules are constantly changing,
(b) any loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or services,
(c) damages of any kind and nature, including, but not limited to, loss of business, revenues, profits or goodwill, even if company has been advised of the possibility of such damages.
These limitations are independent from all other provisions of this agreement and shall apply notwithstanding the failure of any remedy provided herein.
User agrees to
(a) defend Company and its employees, contractors, officers, directors and representatives against any action or suit by a third party that arises out of any transaction with Company or another User in which the User is involved, User’s use or misuse of the Service, or User’s breach of any of its representations, warranties or covenants under this Agreement and
(b) to indemnify Company for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim.
Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with Company in asserting any available defenses.
First of all the User and Company agree without any deviation that before the User makes any claim against the Company or to the European ODR entity, the User must first try to contact the Company beforehand and seek to resolve the dispute directly with the Company outside of courts, otherwise any cause of action or any claim against the Company is permanently and irrevocably excluded.
12.1 Choice of law
The Terms of Service shall be governed by and construed in accordance with the laws of Greece. In the event of any conflict between Greek and International and foreign laws, rules and regulations, Greek laws, rules and regulations shall govern (with the sole exception of the EU ODR entity). The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms of Service. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Service or use of the Site or Service shall be in the Greek capitol city of Athens - Greece, and User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Use of the Service outside the EU is authorized, however the following section 12.2 regarding the EU ODR entity does not apply.
12.2 Online Dispute Resolution
The 2013/11 EU directive, which was incorporated into the Greek legislation under Joint Ministerial Decision 70330/2015 and Decision 31619 GG 969 / 22.3.2017 (article 8), provides the possibility of electronic dispute resolution of consumer disputes using the Online Dispute Resolution procedure of the European Union at the following website: https://webgate.ec.europa.eu/odr/main/?event=main.home.show
13. Integration and severability
The Terms of Service (including the Policies) are the entire agreement between User and Company with respect to access, use and operation of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and Company with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
14. Reservation of rights - Copyright and trademark
Any rights not expressly granted herein are reserved. Olon Systems™ is the trademark of Olon Systems. The names and logos of companies and products mentioned in connection with the Service are the property of their respective owners.
15. General provisions
User may not assign, transferable or delegate any right of obligation under these Terms of Service. Any attempted assignment, transfer or delegation will be void.
No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect.