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lt:bendros_salygos [2021/12/13 09:34] – [5. ŠALIŲ PATVIRTINIMAI / CONFIRMATIONS OF THE PARTIES] ignaslt:bendros_salygos [2021/12/13 09:35] – [8. ATSAKOMYBĖ. RIBOJIMAS / LIABILITY. LIMITATION] ignas
Linija 517: Linija 517:
 DIRECTO undertakes: DIRECTO undertakes:
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 6.1.1. 6.1.1.
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 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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 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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 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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 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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 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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 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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 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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 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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 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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 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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 Personal data in respect of which DIRECTO acts as data controller will be processed in accordance with DIRECTO’s personal data processing policy. The types of personal data that DIRECTO will process as data controller are specified in the personal data processing policy. By using the System, the Client and Users confirm that they are familiar with the personal data processing policy. Personal data in respect of which DIRECTO acts as data controller will be processed in accordance with DIRECTO’s personal data processing policy. The types of personal data that DIRECTO will process as data controller are specified in the personal data processing policy. By using the System, the Client and Users confirm that they are familiar with the personal data processing policy.
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 7.2. 7.2.
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 The Party in breach of its obligations under the Agreement or making false representations and/or warranties shall be liable to indemnify the other Party against any direct loss suffered as a result. Indemnification under this Clause shall not relieve the Party in breach of its obligations under this Agreement from continuing to perform its obligations under this Agreement. The Party in breach of its obligations under the Agreement or making false representations and/or warranties shall be liable to indemnify the other Party against any direct loss suffered as a result. Indemnification under this Clause shall not relieve the Party in breach of its obligations under this Agreement from continuing to perform its obligations under this Agreement.
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 8.2. 8.2.
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 If the Client fails to pay the Licence fee on time, the Client shall pay interest at the rate of 0.07% on the amount not paid on time, calculated for each day of delay. If the Client fails to pay the Licence fee on time, the Client shall pay interest at the rate of 0.07% on the amount not paid on time, calculated for each day of delay.
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 8.3. 8.3.
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 Limitations of liability: Limitations of liability:
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 8.3.1. 8.3.1.
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 Neither Party shall be liable for improper performance or non-performance of the Agreement, if this is due to force majeure. In order to invoke this reservation, a Party shall immediately inform the other Party in writing of such circumstances and make reasonable efforts to eliminate such circumstances. Neither Party shall be liable for improper performance or non-performance of the Agreement, if this is due to force majeure. In order to invoke this reservation, a Party shall immediately inform the other Party in writing of such circumstances and make reasonable efforts to eliminate such circumstances.
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 8.3.2. 8.3.2.
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Linija 649: Linija 649:
 To the maximum extent permitted by the applicable law, DIRECTO will not be liable for the Client’s losses (direct and indirect) related to: i) loss of the Client’s data; ii) inability to use the System (other than compensation referred to in Clause 6.3); iii) the purchase price of replacement goods, services, data or other information which should be but not available through the System. To the maximum extent permitted by the applicable law, DIRECTO will not be liable for the Client’s losses (direct and indirect) related to: i) loss of the Client’s data; ii) inability to use the System (other than compensation referred to in Clause 6.3); iii) the purchase price of replacement goods, services, data or other information which should be but not available through the System.
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 8.3.3. 8.3.3.
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lt/bendros_salygos.txt · Keista: 2024/03/12 13:15 vartotojo ieva
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