Managing Smart – Terms and Conditions
www.Managing-Smart.com, hereinafter named “MANAGING-SMART”, is administrated by MS Managing Smart SRL, Bucharest – Romania, registered under Trade Register no. J40/6468/2014, fiscal code 33228839, hereinafter named “ADMINISTRATOR MS”.
By using the website or the copies of the products that were downloaded from the website (visiting the site, registering as a user of the site, ordering copies of the products, paying for orders, using of the products, reading of the materials on the website, etc.), the person that uses the website, hereinafter named “THE USER”, implicitly declares that he has red, understood and accepted all the terms and conditions for using the website, as written in this document. If THE USER downloads or uses copies of the products from www.Managing-Smart.com, he also agrees all the stipulations of the contract “EULA” for the copy of the product, as well as he agrees that EULA stipulations are cumulative with those on this document; any possible contradiction between the two documents may only be interpreted in favor of MS Managing Smart SRL.
We reserve the right to modify these Terms and Conditions without prior notice.
A. Using of the website
1) ADMINISTRATOR MS offers to the USER limited, read only access, on MANAGING-SMART, without the rights of downloading, modifying, copying, reproducing is full or in parts the website, or selling / reselling or using the website in any manner, for commercial purposes or other purposes that are against the interests of ADMINISTRATOR MS or its shareholders. ADMINISTRATOR MS undertakes no responsibilities in relation to eventual (partial or total) lack of availability of MANAGING-SMART, due to technical, connectivity, or any other reasons.
2) For accessing MANAGING-SMART, according to the Terms and Conditions, the USER is not obliged to register on the website. The USER’s obligation of registering on the website appears in the moment when the USER wants to download any materials or copies of the products that are offered by MANAGING-SMART, regardless of their status as being free of charge (“Demo”) or paid (with full functionality). The USER undertakes the full responsibility with regards to the completeness and accuracy of the data he enters within the registering form. MANAGING-SMART undertakes no responsibility with regards to the accuracy and completeness of the data that are input by the USER within the registering form during the process of registering with MANAGING-SMART.
3) The USER undertakes the obligation to not download, modify, copy or reproduce the website in full or in part, to not sell, re-sell or exploit the website or its content in any other manner than that which is stipulated within this document (Terms and Conditions for using the Site) and EULA, for using of licensed copies of the products. The USER will not use MANAGING-SMART for commercial purposes or other purposes that are against the interests of ADMINISTRATOR MS or its shareholders.
4) MANAGING-SMART will undertake reasonable measures for maintaining and keeping the USER’s account and its content. MANAGING-SMART undertakes no responsibility or actions if the USER’s account or its content is eventually erased or becomes unusable, regardless of the reasons that generate such a situation. The USER assumes the full responsibility to keep and maintain, in order to use them according to the EULA, the copies of the materials and products offered by MANAGING-SMART, together with their valid licenses. In the case that the USER loses the copies of the materials or products (or their valid licenses) that were offered to be used, MANAGING-SMART undertakes no responsibility for restoring those elements. However, in individual cases, MANAGING-SMART might decide to attempt reasonable efforts, at USERS written request, for restoring such elements.
5) The USER can ask for deleting of his user account and its content from MANAGING-SMART, according to its written request that must be sent from the e-mail address that was used for creating the account. As a result of receiving USER’s written request, MANAGING-SMART will delete USER’s account within 40 days.
B. Downloading and using of copies of the products from MANAGING-SMART
1) The USER is allowed to download only copies of the products for which an individual license for use has been granted to him by MANAGING-SMART, free of charge (“Demo”, for demonstrating the characteristics of the product) or paid (for full featured copies of products), according to the orders he filled and paid to MANAGING-SMART.
2) The materials, the products, the texts on the products screens and the contract (EULA) can be presented by MANAGING-SMART in English Language, without translation in other languages. The USER undertakes the responsibility to make all the necessary diligences to fully understand the content in English Language of these materials.
3) Before ordering, paying, downloading and using of any product (Demo – free of charge or Full – paid version), the USER undertakes the responsibility to read, understand and accept all the terms and conditions which are stipulated within EULA for using the products, posted on MANAGING-SMART for the ordered, downloaded or utilized product.
If the user does not read, does not understand or does not agree in full the terms and conditions which are stipulated within EULA for a specific product, then, the USER will not order, pay, download and / or use that product, regardless of the type of the product (Demo – free of charge or Full – paid version).
4) By ordering, paying, downloading or using of a copy of a product and its license from MANAGING-SMART, the USER implicitly declares that he red, understood and agreed all the contractual stipulations (including EULA) that govern downloading and using of the copies of the products from MANAGING-SMART, including all those stipulations that are presented in English Language only.
5) The User understands and agrees that all the property rights and all the rights of any other nature upon the products on MANAGING-SMART and upon the copies of the products that are downloaded and used by the USER, belong to MANAGING-SMART, ADMINISTRATOR MS or its shareholders or suppliers; these rights are never transferred to the USER, including not being transferred to the USER when he pays and downloads a copy of the product. As a result of ordering (and paying for the order, for copies of the products with full functionality), the USER receives the right to temporary use a copy of the product (license for temporary usage), on a single computer, for his own interest (and not to perform “consultancy – like” or other type of services for third parties), for a limited period and governed by EULA stipulations for the product.
6) The USER will not use in any way copies of the products from MANAGING-SMART, for which he does not hold a valid license from MANAGING-SMART or ADMINISTRATOR MS, or if the licensed have expired.
C. Payment, Delivery and Invoicing for using copies of the products
1) In order to receive the right of temporary usage for a copy of a product from MANAGING-SMART, the USER must make an order according to the standard procedure on the website, than must pay the order.
2) After paying for the order, the user will receive for temporary usage, a copy of the ordered product, together with a license file that will enable the using of the product over the period that is mentioned on the EULA of the product. Delivering of the copy of the product and related license for temporary usage will be done electronically, via e-mail (to the e-mail address declared by the USER) or posted on the USER’s account on MANAGEMENT-SMART.
3) Delivery terms: After receiving the payment from the USER, MANAGING-SMART will deliver, no later than next working day at 24 o’clock, a copy of the product that has been ordered and paid, together with a license for temporary using the product.
Without undertaking any obligation, MANAGING-SMART will make all the reasonable efforts, within the limits of the technical and internet communication conditions, to fulfill the majority of the deliveries within 5-30 minutes after the payment has been done.
4) MANAGING-SMART will issue the invoice for the paid orders within maximum 3 working days after the date of payment. The invoice will be sent to the USER as a “pdf” file, via the e-mail.
5) During the process of ordering and paying for using a copy of the product, the USER undertakes the full responsibility for sending accurate and complete data to MANAGING-SMART, for invoicing purposes. The USER agrees to accept the invoice only via the e-mail, under the format of a “pdf” file.
D. Product Return Policy
1) MANAGING-SMART offers to the USER free of charge “Demo” copies of the products, in order to be temporary used for testing. The “Demo” copy of a product (together with the license for temporary usage) can be ordered, downloaded and used only once, over a period (at least 15 days) that is stipulated within EULA, for the product. The usage “Demo” copy of the product is governed by the same rights and obligations mentioned within EULA, similar to the paid version.
2) Before ordering and paying a copy of a product from MANAGING-SMART, together with the license for temporary using, the USER must get assured himself that the product is functional in his hardware and software environment ant it fully meets his expectations. In order to test the product, the USER is offered for information the materials on MANAGING-SMART and the free of charge “Demo” copy of the product, for a period of minimum 15 days.
3) By ordering and paying a copy of a product from MANAGING-SMART, the USER implicitly declares that, after analyzing the materials on the website and after testing of the “Demo” version, he found the product as being functional within his hardware / software environment and that the product fully meets his expectations. As a result, by ordering and paying a copy of a product, together with a license for temporary usage, the USER implicitly declares that he renounces to any claims for returning the amounts he paid, because he was granted sufficient information and time to check the product before ordering and paying it.
1) The whole content of MANAGING-SMART, including but not limited at: texts, images, web graphics, buttons, programs, scripts and other data, products and the copies of the products that have been downloaded, etc., is the property of MS Managing Smart SRL and / or its shareholders, partners or suppliers and it is protected according to Copyright Law. The combination of the design and content of the website is property of MS Managing Smart SRL and / or its shareholders and it is protected by Copyright law. Using of any of the elements above without the written permission of MS Managing Smart SRL or its shareholders is prohibited.
F. LIMITATION OF LIABILITY
1) The whole content of MANAGING-SMART, including, without limitation, the products and the copies of the products that are downloaded for being used by the USER are offered on “As is” basis, in the moment of downloading, without warranties of any kind, including without warranties that they are free of defects, merchantable, fit for a particular purpose or non-infringing. The USER agrees that no refund of the Software price will be granted by MS Managing Smart under any circumstances; by downloading, copying or otherwise using the Software, the USER implicitly declares that he checked all the materials available (information on the website, “Help” files, “Demo” version of the software) and he found the Software as being functional, fully suitable for him on “as is” basis, thus, renouncing at any future eventual claim for refunds.
2) MS Managing Smart, its shareholders or its suppliers undertake no obligation for updating or changing the copy of the product that has been offered for temporary use, under any reason. The entire risk as to the quality, performance and functionality of the products is borne by USER. Changing / updating of the hardware or software configuration on USER’s computer, or changing their various settings, might limit or break the functionality of the Software; the USER acknowledges and agrees that MS Managing Smart has no obligation to update the products in order to meet the new hardware / software setup or settings of the USER’s computer. At its discretion and without any obligation, MS Managing Smart might decide, however, to offer free or paid updates of the products for use, in order to extend their functionality or to compensate possible future loss in functionality due to new setup of the USER’s hardware or software configuration of his computer
3) In no event will MS Managing Smart or its shareholders or suppliers or licensors be liable for any direct, indirect, special, incidental or consequential damages arising out of using the materials or copies of the products from MANAGING-SMART, of using of the outcome resulting from running the copies of the products, calculation errors, inappropriate algorithms, data loss, the use of or inability to use the copies of the products, including, without limitation, compensations or damages for financial losses, for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
4) The USER solely undertakes the responsibility of checking that any outcome resulting from using the products is free of errors and misinterpretations. The USER will assure that using of any outcome deriving from running the copies of the products, would not result in generating liabilities or damages of any kind for the USER or for third parties; the USER agrees to solely undertake the responsibility of any liabilities or damages to him or third parties, if they appear as a result of using the copies of the products or the outcome deriving from using of the copies of the products.
5) If the USER does not agree any of the stipulations from this chapter, he does not have the right to use the information from MANAGING-SMART and he does not have the right to download or use any materials or copies of the products on MANAGING-SMART.
G. Applicable Law
1. The USER agrees that the Right and Obligations that are stipulated within this document are governed by the Romanian Law.
MS Managing Smart SRL,
Administrator of www.Managing-Smart.com