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lt:bendros_salygos [2021/12/13 09:19]
ignas [2. SUTARTIES OBJEKTAS / SUBJECT-MATTER OF THE AGREEMENT] 		lt:bendros_salygos [2021/12/13 09:35]
ignas [6. PASLAUGŲ LYGIO SUSITARIMAS / SERVICE LEVEL AGREEMENT]
Linija 326: Linija 326:
 DIRECTO undertakes, subject to the terms and conditions of the Agreement, to provide the Client with the right to use the System, and the Client shall have the right to use the System and shall pay the License fee to DIRECTO for the right to use the System. This Agreement is a license agreement, i.e. it only grants the Client the right to use the System during the validity of the Agreement and for the scope purchased by the Client. DIRECTO undertakes, subject to the terms and conditions of the Agreement, to provide the Client with the right to use the System, and the Client shall have the right to use the System and shall pay the License fee to DIRECTO for the right to use the System. This Agreement is a license agreement, i.e. it only grants the Client the right to use the System during the validity of the Agreement and for the scope purchased by the Client.
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 2.2. 2.2.
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Linija 344: Linija 344:
 This Agreement grants the Client the right to use the System software code developed by DIRECTO, which is installed on a server of DIRECTO'​s choice and accessible to the Client through the User Account. This Agreement grants the Client the right to use the System software code developed by DIRECTO, which is installed on a server of DIRECTO'​s choice and accessible to the Client through the User Account.
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 3.2. 3.2.
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Linija 351: Linija 351:
 The Client shall use the System to the extent as it is set out in the Licence plan purchased. The use of the System also includes server support and maintenance,​ 24/7 User access to the System using the HTTPS protocol, data copying and storage, DIRECTO support services. The Client shall use the System to the extent as it is set out in the Licence plan purchased. The use of the System also includes server support and maintenance,​ 24/7 User access to the System using the HTTPS protocol, data copying and storage, DIRECTO support services.
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 3.3. 3.3.
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Linija 358: Linija 358:
 The System is accessible and can be used only through the User Account. The User Account is accessed by entering the correct Login data. The System is accessible and can be used only through the User Account. The User Account is accessed by entering the correct Login data.
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 3.4. 3.4.
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Linija 365: Linija 365:
 The first User of the Client in the User Account is created by DIRECTO. Subsequent Users may be created by the Client’s authorized Users on behalf of the Client. The first User of the Client in the User Account is created by DIRECTO. Subsequent Users may be created by the Client’s authorized Users on behalf of the Client.
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 3.5. 3.5.
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Linija 372: Linija 372:
 The number of Users that can use the System at any one time is determined by the number of Concurrent Users purchased by the Client. The number of Users that can use the System at any one time is determined by the number of Concurrent Users purchased by the Client.
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 3.6. 3.6.
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Linija 379: Linija 379:
 Login details: Login details:
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 3.6.1. 3.6.1.
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Linija 386: Linija 386:
 Login data must be created by each User individually. DIRECTO will not provide any Login details except for: i) in the case provided for in section 3.4, the Login details of the first User; ii) if the User loses his/her Login data, DIRECTO will provide temporary Login data, which the User is obliged to change immediately after successful login to the User Account. Login data must be created by each User individually. DIRECTO will not provide any Login details except for: i) in the case provided for in section 3.4, the Login details of the first User; ii) if the User loses his/her Login data, DIRECTO will provide temporary Login data, which the User is obliged to change immediately after successful login to the User Account.
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 3.6.2. 3.6.2.
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Linija 393: Linija 393:
 When accessing the User Account, Users are required to use their Login data. Login data shall be confidential and may not be used by several persons. DIRECTO assumes no liability for any loss or damage resulting from the loss or misuse of the Login data. When accessing the User Account, Users are required to use their Login data. Login data shall be confidential and may not be used by several persons. DIRECTO assumes no liability for any loss or damage resulting from the loss or misuse of the Login data.
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 3.7. 3.7.
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Linija 401: Linija 401:
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 +====4. APRIBOJIMAI / LIMITATIONS====
 {| style=""​ {| style=""​
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 ! !
-4. 
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-**APRIBOJIMAI** 
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-**LIMITATIONS** 
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 4.1. 4.1.
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Linija 417: Linija 411:
 All Intellectual property is owned by DIRECTO and is not transferred to the Client under the Agreement. Regardless of the License fee paid, the Client shall not acquire any rights to the System, System software code, other Intellectual property or any of their components. All Intellectual property is owned by DIRECTO and is not transferred to the Client under the Agreement. Regardless of the License fee paid, the Client shall not acquire any rights to the System, System software code, other Intellectual property or any of their components.
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 4.2. 4.2.
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Linija 424: Linija 418:
 In all cases, the Client is prohibited from: In all cases, the Client is prohibited from:
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 4.2.1. 4.2.1.
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Linija 431: Linija 425:
 Copying, modifying, selling, or otherwise disclosing System software code or other Intellectual property; Copying, modifying, selling, or otherwise disclosing System software code or other Intellectual property;
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 4.2.2. 4.2.2.
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Linija 438: Linija 432:
 Accessing System module structure, including but not limited to, primary HTML, ASP, JavaScript, SQL and VBScript texts; Accessing System module structure, including but not limited to, primary HTML, ASP, JavaScript, SQL and VBScript texts;
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 4.2.3. 4.2.3.
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Linija 445: Linija 439:
 Providing third parties with access to the System’s software code; Providing third parties with access to the System’s software code;
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 4.2.4. 4.2.4.
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Linija 452: Linija 446:
 Using the System in breach of the provisions of clause 3.7 of the Agreement; Using the System in breach of the provisions of clause 3.7 of the Agreement;
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 4.2.5. 4.2.5.
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Linija 459: Linija 453:
 Granting access to the System (e.g., //​“user”//​ rights or other access to non-Client employees) or, regardless of the form of fault, create conditions to get such access for any third party who is not a User (p. 1.15). Granting access to the System (e.g., //​“user”//​ rights or other access to non-Client employees) or, regardless of the form of fault, create conditions to get such access for any third party who is not a User (p. 1.15).
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 4.3. 4.3.
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Linija 467: Linija 461:
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 +====5. ŠALIŲ PATVIRTINIMAI / CONFIRMATIONS OF THE PARTIES====
 {| style=""​ {| style=""​
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 ! !
-5. 
-! 
-**ŠALIŲ PATVIRTINIMAI** 
-! 
-**CONFIRMATIONS OF THE PARTIES** 
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 5.1. 5.1.
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Linija 483: Linija 471:
 It is explained to the Client, understood and explicitly agreed that: It is explained to the Client, understood and explicitly agreed that:
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 5.1.1. 5.1.1.
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Linija 490: Linija 478:
 The Client uses the System at its own risk. The System is a software-based business tool. The Client is fully responsible for all and any data uploaded, input, processed by the System. The Client is also fully responsible for any and all results that are obtained by the System on the basis of such Client data. The Client uses the System at its own risk. The System is a software-based business tool. The Client is fully responsible for all and any data uploaded, input, processed by the System. The Client is also fully responsible for any and all results that are obtained by the System on the basis of such Client data.
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 5.1.2. 5.1.2.
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Linija 497: Linija 485:
 The System is available to the Client //as is// and //as available//​. This includes, but is not limited to: i) the Client is granted the right to use the System to the extent provided for in the License plan purchased by the Client; ii) the System has the following modules and module functionality (including functions, algorithms, possible parameters and settings, etc.) that DIRECTO has programmed at the time the Client uses the System (an example list of System modules is available on the DIRECTO website: [[https://​directo.lt/​moduliai]];​ iii) although the System is programmed according to best practices, the System is not specifically tailored to the Client’s business or individual business needs, e.g. may not have specific functions required for the Client’s business, etc. Any adaptation of the System to the Client’s specific business needs, including but not limited to functions not programmed in existing System modules, may be performed by providing Additional services (Part 4 of the Special Terms) according to a separate order of the Client, which would be performed in accordance with the terms agreed by the Parties; iv) System failure is not considered to be a situation where the System does not have functionality specific to the Client’s business or individual business needs. The System is available to the Client //as is// and //as available//​. This includes, but is not limited to: i) the Client is granted the right to use the System to the extent provided for in the License plan purchased by the Client; ii) the System has the following modules and module functionality (including functions, algorithms, possible parameters and settings, etc.) that DIRECTO has programmed at the time the Client uses the System (an example list of System modules is available on the DIRECTO website: [[https://​directo.lt/​moduliai]];​ iii) although the System is programmed according to best practices, the System is not specifically tailored to the Client’s business or individual business needs, e.g. may not have specific functions required for the Client’s business, etc. Any adaptation of the System to the Client’s specific business needs, including but not limited to functions not programmed in existing System modules, may be performed by providing Additional services (Part 4 of the Special Terms) according to a separate order of the Client, which would be performed in accordance with the terms agreed by the Parties; iv) System failure is not considered to be a situation where the System does not have functionality specific to the Client’s business or individual business needs.
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 5.1.3. 5.1.3.
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Linija 504: Linija 492:
 DIRECTO makes no warranty that: i) the System is specifically tailored to the Client'​s business or individual business needs and, as a result, the System will meet all of the Client'​s expectations in every possible respect; ii) access to the System will be uninterrupted,​ the System will operate exclusively without errors at all times and that all errors in the System can be corrected and will be corrected; iii) in the User manual, there are answers only to the most common questions of use of the System, therefore DIRECTO does not guarantee that the User manual contains all the answers to questions that may arise for the Client/User while using the System; similarly, DIRECTO does not guarantee that all information provided in the User manual is relevant and does not need to be updated; iv) the results obtained through the System will be accurate and reliable in all possible respects; v) the System works and is compatible with all and any hardware/​computer and/or software. DIRECTO makes no warranty that: i) the System is specifically tailored to the Client'​s business or individual business needs and, as a result, the System will meet all of the Client'​s expectations in every possible respect; ii) access to the System will be uninterrupted,​ the System will operate exclusively without errors at all times and that all errors in the System can be corrected and will be corrected; iii) in the User manual, there are answers only to the most common questions of use of the System, therefore DIRECTO does not guarantee that the User manual contains all the answers to questions that may arise for the Client/User while using the System; similarly, DIRECTO does not guarantee that all information provided in the User manual is relevant and does not need to be updated; iv) the results obtained through the System will be accurate and reliable in all possible respects; v) the System works and is compatible with all and any hardware/​computer and/or software.
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 5.1.4. 5.1.4.
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Linija 511: Linija 499:
 All and any data in the System shall be used by the Client at the Client'​s sole risk. The Client will be fully responsible for any and all loss/damage that such data causes to the Client'​s computer systems or data. All and any data in the System shall be used by the Client at the Client'​s sole risk. The Client will be fully responsible for any and all loss/damage that such data causes to the Client'​s computer systems or data.
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 5.1.5. 5.1.5.
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Linija 519: Linija 507:
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 +====6. PASLAUGŲ LYGIO SUSITARIMAS / SERVICE LEVEL AGREEMENT====
 {| style=""​ {| style=""​
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 ! !
-6. 
-! 
-**PASLAUGŲ LYGIO SUSITARIMAS** 
-! 
-**SERVICE LEVEL AGREEMENT** 
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 6.1. 6.1.
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Linija 535: Linija 517:
 DIRECTO undertakes: DIRECTO undertakes:
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 6.1.1. 6.1.1.
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Linija 542: Linija 524:
 To ensure that the Client’s information or data contained in the System without the Client’s consent is not disclosed to third parties. Disclosure to third parties shall not be deemed to occur when the Client’s information or data is made available to DIRECTO OÜ (10652749), which is subject to and complies with the same confidentiality obligations as DIRECTO, during the administration of the System (e.g., in the event of malfunctioning). To ensure that the Client’s information or data contained in the System without the Client’s consent is not disclosed to third parties. Disclosure to third parties shall not be deemed to occur when the Client’s information or data is made available to DIRECTO OÜ (10652749), which is subject to and complies with the same confidentiality obligations as DIRECTO, during the administration of the System (e.g., in the event of malfunctioning).
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 6.1.2. 6.1.2.
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Linija 549: Linija 531:
 Make efforts to enable the Client to connect to the System at any time, i.e., the User Account is accessible through the HTTPS protocol and that the System operates continuously. If a critical malfunction occurs, correct it and correct it no later than 24 hours after the moment of registration of the Critical failure notification by the Client to correct such malfunctions in such a way that the Client can access the System and use it. Make efforts to enable the Client to connect to the System at any time, i.e., the User Account is accessible through the HTTPS protocol and that the System operates continuously. If a critical malfunction occurs, correct it and correct it no later than 24 hours after the moment of registration of the Critical failure notification by the Client to correct such malfunctions in such a way that the Client can access the System and use it.
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 6.1.3. 6.1.3.
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Linija 556: Linija 538:
 Make efforts to resolve non-critical failures within the shortest possible period of time from the moment of registration of the Client’s notification of the non-critical failure. Make efforts to resolve non-critical failures within the shortest possible period of time from the moment of registration of the Client’s notification of the non-critical failure.
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 6.1.4. 6.1.4.
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Linija 563: Linija 545:
 Ensure that the assistance of DIRECTO (clause 1.7) works and that the Client has access to it. Ensure that the assistance of DIRECTO (clause 1.7) works and that the Client has access to it.
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 6.1.5. 6.1.5.
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Linija 570: Linija 552:
 Back up the Client'​s data contained in the System at least once a day (24 hours) and store it for at least 30 days. Back up the Client'​s data contained in the System at least once a day (24 hours) and store it for at least 30 days.
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 6.2. 6.2.
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Linija 577: Linija 559:
 The Client undertakes to inform DIRECTO immediately of any failure of the System detected. Notification shall be made by submitting a request for assistance to [[pagalba@directo.lt]]. The Client undertakes to inform DIRECTO immediately of any failure of the System detected. Notification shall be made by submitting a request for assistance to [[pagalba@directo.lt]].
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 6.3. 6.3.
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Linija 584: Linija 566:
 If DIRECTO, after having been duly notified of the Critical failure (Clause 6.2), fails/​miscarries out its obligation to rectify the Critical failure (Clause 6.1.2) and as a result the Client is unable to connect to the System for more than 1 business hour during the Client'​s business hours, then the Client'​s outstanding Licence fee for the next month shall be reduced by 0.625% per business hour of the System'​s downtime. If DIRECTO, after having been duly notified of the Critical failure (Clause 6.2), fails/​miscarries out its obligation to rectify the Critical failure (Clause 6.1.2) and as a result the Client is unable to connect to the System for more than 1 business hour during the Client'​s business hours, then the Client'​s outstanding Licence fee for the next month shall be reduced by 0.625% per business hour of the System'​s downtime.
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 6.4. 6.4.
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Linija 591: Linija 573:
 The Parties agree that the regular maintenance and management of the DIRECTO server shall be carried out between 2:00 and 5:00 at night. As a result, if work on the System is not possible during these hours, it will not be considered as a Critical failure and will not be subject to Clause 6.1.2 and the compensation provided for in Clause 6.3 will not apply. The Parties agree that the regular maintenance and management of the DIRECTO server shall be carried out between 2:00 and 5:00 at night. As a result, if work on the System is not possible during these hours, it will not be considered as a Critical failure and will not be subject to Clause 6.1.2 and the compensation provided for in Clause 6.3 will not apply.
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 6.5. 6.5.
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Linija 598: Linija 580:
 Minimum technical requirements for the use of the System: Minimum technical requirements for the use of the System:
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 6.5.1. 6.5.1.
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Linija 605: Linija 587:
 It is recommended to use the System with //Microsoft Edge// or //Google Chrome// browsers. The System can only be accessed via an internet connection and only using the HTTPS connection protocol. It is recommended to use the System with //Microsoft Edge// or //Google Chrome// browsers. The System can only be accessed via an internet connection and only using the HTTPS connection protocol.
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 6.5.2. 6.5.2.
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Linija 612: Linija 594:
 The Client is responsible for selecting, installing, setting and configuring the appropriate programs and other hardware, hardware and software. The Client is responsible for selecting, installing, setting and configuring the appropriate programs and other hardware, hardware and software.
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 +====7. ASMENS DUOMENYS / PERSONAL DATA====
 {| style=""​ {| style=""​
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 ! !
-7. 
-! 
-**ASMENS DUOMENYS** 
-! 
-**PERSONAL DATA** 
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 7.1. 7.1.
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Linija 636: Linija 611:
 DIRECTO will be the data processor in relation to personal data not specified in section 7.1 (including, but not limited to, Personal data of Client’s clients). Acting as a Processor of Personal data, DIRECTO will process Personal data in accordance with the procedure established by DPC. DIRECTO will be the data processor in relation to personal data not specified in section 7.1 (including, but not limited to, Personal data of Client’s clients). Acting as a Processor of Personal data, DIRECTO will process Personal data in accordance with the procedure established by DPC.
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 +====8. ATSAKOMYBĖ. RIBOJIMAS / LIABILITY. LIMITATION====
 {| style=""​ {| style=""​
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 ! !
-8. 
-! 
-**ATSAKOMYBĖ. RIBOJIMAS** 
-! 
-**LIABILITY. LIMITATION** 
-|- 
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 8.1. 8.1.
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Linija 689: Linija 657:
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 +====9. SUTARTIES GALIOJIMAS, SUSTABDYMAS,​ PASIBAIGIMAS,​ PASIBAIGIMO PASEKMĖS / AGREEMENT VALIDITY, SUSPENSION, TERMINATION,​ CONSEQUENCES OF TERMINATION====
 {| style=""​ {| style=""​
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 ! !
-9. 
-! 
-**SUTARTIES GALIOJIMAS, SUSTABDYMAS,​ PASIBAIGIMAS,​ PASIBAIGIMO PASEKMĖS** 
-! 
-**AGREEMENT VALIDITY, SUSPENSION, TERMINATION,​ CONSEQUENCES OF TERMINATION** 
-|- 
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 9.1. 9.1.
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lt/bendros_salygos.txt · Keista: 2024/03/12 13:15 vartotojo ieva

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