PLEASE READ CAREFULLY:
These Terms and Conditions apply when engaging the services of PSG MANAGER Ltd. (“PSGM”, “We”). The client (“You”, “Your”) means the person, company, or other entity, purchasing services from PSG MANAGER Ltd. You agree that these Terms and Conditions (“Agreement”) and any subsequent Terms and Conditions issued by the PSG MANAGER Ltd. shall apply to all orders for the services made by you.
OVERALL SERVICES
1. CLIENT ACKNOWLEDGEMENTS. You acknowledge and agree that:
1.1. By using the website, you agree to be bound by these Terms and Conditions which control rights and obligations between the owner of the https://psgmanager.com/ domain (in further text “Us” or “We”) and user of this website (in further text “You”).
1.2. PSG MANAGER Ltd. endeavors to be thorough in checking all files before production, however, you hold the ultimate responsibility for signing off all proofs as production is ready. Once you have signed off on the proof, PSG MANAGER Ltd. is not liable for any charges that may occur due to errors.
1.3. PSG MANAGER Ltd. can communicate with you and your staff through all methods of electronic communication, including but not limited to email (both individual emails and bulk emails including e-newsletters), SMS, and any other communication method we deem useful for delivering our services and communication to you.
2. CONTENT.
2.1. The videos, animations, and other content displayed on the Website (in further text "Content") are provided for informational and promotional purposes only. They should not be relied upon in making decisions and are for simulation only. The Content may not be accurate in real-time, but it is based on accurate true events. Nonetheless, any information perceived from the Content through either visual, verbal, or written form does not constitute financial, legal, tax, or other professional advice and is not intended as a substitute for consultation with a qualified professional. We used our best efforts in producing the Content, but We do not make any representation or warranties concerning the accuracy, applicability, or completeness of the Content. The information contained here is strictly for informational and promotional purposes with all reservations presented above to be taken into consideration. Therefore, if you wish to apply and use the Website, you are taking full responsibility for your actions.
2.2. You acknowledge that the Website may redirect or refer You to third-party websites, via the Contact Form that is located on the Website.
3. CLIENT RESPONSIBILITIES. For the purposes of providing services, you agree:
3.1. To authorize Us to manage all your processes for the purpose of fulfilling the services you have requested, including but not limited to Real Estate, Financial/Banking, Shipping, Construction, Logistic, IT, Government.
3.2. You will identify clearly to Us the approval process required if any when PSG MANAGER Ltd. manages your processes. If no approval process is specified, We will act in good faith when making changes and will seek verbal or written approval for changes it deems you should be consulted on.
4. INTELLECTUAL PROPERTY LIABILITY.
4.1. The Content is created either by Us or by our partners and it cannot be copied, stored, or changed in any format. It cannot be sold or used in any way under any circumstance or distributed and broadcast without permission from Us.
4.2. All intellectual property related to the Website, including but not limited to the Content, information, videos, animations, trademarks, copyrights, modules, techniques, algorithms, methods of doing business, graphic design, and all developments, whether registered or not (in further text collectively the “Intellectual Property”), unless otherwise indicated, are owned, controlled and licensed by https://psgmanager.com/, its affiliates, its successors and assigns, or by third parties who have granted Us a license to use such Intellectual Property.
4.3. With this We provide You with a personal, reversible, limited, non-exclusive, non-transferable license to use the Website and the Content, for personal use only. This license does not allow You to modify, copy, store, reproduce, republish, upload, post, transmit, license, sublicense, display, rent, lease, sell, commercially exploit, or distribute, in any manner, any data, Intellectual Property or material provided by Us on the Website in any matter. In addition, You or any third party cannot modify, translate, create, broadcast, publish, remove, or alter any property or labels or otherwise use the Website in any manner.
Moreover, You cannot:
4.4.1. Use any "deep link", "page-scrape", "robot", "spider" or other automatic devices, programs, script, algorithm, or any similar or equivalent manual process, to access, acquire, copy, or monitor any part of the Website. Also, You cannot reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means.
4.4.2. Attempt to gain unauthorized access to any portion or feature of the Website, including, but not limited to the accounts, any other systems or networks connected to the Website or its servers, to any service offered through the Website, by hacking, password "mining", or any other illegitimate or prohibited means.
4.4.3. In addition, You cannot scan or test the vulnerability of the Website, or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
4.4.4. Reverse look-up, trace, or seek to trace any information on any User or visitor to the Website.
4.4.5. Take any action that imposes an unreasonable large load on the infrastructure of the Website, the system, or networks connected to it.
4.4.6. Use any device, software, or routine to interfere with the proper working of the Website or transaction conducted on the Website, or with any other person's use of the Website.
4.4.7. Use the Website to collect e-mail addresses or other contact or personal information.
4.4.8. Market, co-brand, private label, use the name, logo, or a name that We created on a different domain, separately distribute, resell, or otherwise permit third parties to access and use the Website, in whole or in part, without the express, separate, and prior written permission of Us.
4.4.9. Use the Website in any other unlawful manner or in a manner that could be perceived to damage, disparage, or otherwise negatively impact Us.
4.4.10. Actual or attempted unauthorized use of this Website may constitute an offense or delict. We reserve the right to view, monitor, and record activity on the Website, including, but not limited to archiving notices or communications sent by You through the Website. In addition, We reserve the right, at any time and without notice, to modify, suspend, terminate, or interrupt the operation of or access to the Website, to protect the Website or the business.
5. FEES.
You agree to pay PSG MANAGER Ltd. any and all fee(s) for services provided.
5.1. Payments are due according to the terms specified on each invoice. If terms are omitted from any invoice, that invoice is due 20 days after the end of the month the invoice is dated.
5.2. Setup Fees are due prior to the specified work beginning.
5.3. PSG MANAGER Ltd. reserves the right to delay starting work, or to pause existing work if a payment is overdue. When payment is made, the normal work process will resume.
5.4. PSG MANAGER Ltd. reserves the right to refer any unpaid account to a Debt Collection Agency. Once the matter has been referred to a Debt Collection Agency, you will be liable for all collection fees including the Agency fees and commission(s) PSG MANAGER Ltd. would have to pay for this service.
ORDERING SERVICES
6. PLACING AN ORDER: You acknowledge and agree that:
6.1. Services can be ordered from PSG MANAGER Ltd. through a variety of methods including, but not limited to signed contracts, order forms or quotes, email requests, online proposal acceptance, and verbal requests.
6.2. Where a fixed quote is not provided for a job, both parties will act in good faith. PSG MANAGER Ltd. will track time spent on the work and charge an hourly rate.
7. CANCELLATION OF SERVICES PRIOR TO COMPLETION.
7.1. Once a signed agreement, quote, or order has been accepted by PSG MANAGER Ltd., you will be responsible for full payment of all fees specified on the agreement, quote, or order. If you cancel the services for any reason prior to completion, all Fees specified shall be immediately due and payable. If a Minimum Term is specified for any service, the Fees for the remaining Minimum Term shall be immediately due and payable.
7.2. For any work undertaken where an agreement, quote, or order has not been approved, or where one has been approved but the work is to be charged at an hourly rate, if you decide to cancel the requested work prior to completion, you must give notice of cancellation in writing.
PSG MANAGER Ltd. will reconcile the hours worked and will be entitled to payment for all outstanding Fees within 7 days.
8. TERMINATION OF RECURRING SERVICES. You acknowledge and agree that:
8.1. Recurring services include any service where a fee is recurring, such as, but not limited to, Real Estate, Financial/Banking, Shipping, Construction, Logistic, IT, Government. The recurrence may be monthly, bimonthly, quarterly, half-yearly, annually, or any other recurrence frequency.
8.2. The recurring services supplied by PSG MANAGER Ltd. may have a term stated on the quote, agreement, contract, or order form.
8.3. Where the term is a Fixed Term, the services automatically terminate when the term is complete.
8.4. Where the term is a Minimum Term, or no term is stated, you must give written notice to PSG MANAGER Ltd. to terminate the services. The final day that the services will be provided (“Termination Date”) will be either the last day of the Minimum Term or the last day of the month following the month the notice was received, whichever is later.
8.5. If any service is designated as having an Early Termination Option, or if the quote states that we will not hold you to the minimum term, you can cancel the service prior to the Minimum Term, without needing to pay for the remainder of the Minimum Term, and with no other financial penalty, provided that:
(i) You are genuinely dissatisfied with either the results or PSG MANAGER Ltd. performance of the service
(ii) You discuss your dissatisfaction with PSG MANAGER Ltd. verbally
(iii) You then give PSG MANAGER Ltd. at least 21 days to fix the areas in which you are dissatisfied, and
(iv) If at the end of that period you are still genuinely dissatisfied, you give PSG MANAGER Ltd. 7 days’ written notice that the services are to be terminated
This clause supersedes clause 8.1.
8.6. PSG MANAGER Ltd. may terminate this Agreement and access to the services, with or without cause of any type or nature, with 21 days’ notice.
8.7. All provisions of this Agreement that by their sense or nature should survive termination of this Agreement (including, without limitation, all limits of liability, indemnity obligations, and confidentiality obligations) shall so survive. In the event of any termination, you shall remain liable for any amount due for services delivered by PSG MANAGER Ltd. prior to the Termination Date.
8.8. You must pay all Fees that accrue prior to the Termination Date.
OTHER IMPORTANT LEGAL STUFF
9. INDEMNIFICATION.
You, the client, agree to defend, indemnify and hold Us, its sub-contractors, partners, and the respective directors, officers, and employees of each, harmless from and against any and all
claims, losses, damages, liabilities, and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the services, except to the extent the foregoing directly result from PSG MANAGER Ltd. own gross negligence or willful misconduct. PSG MANAGER Ltd. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the client.
10. GENERAL.
10.1. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
10.2. This Agreement and the relationship between you and PSG MANAGER Ltd. shall be governed by the laws of Cyprus. Any action by either party hereto arising out of or in connection with this Agreement or the Service shall be brought to a court of competent jurisdiction located in Cyprus.
10.3. Nothing in this Agreement gives rise to or is intended to give rise to a relationship between PSG MANAGER Ltd. and you of employee and employer, principal and agent, or partnership.
10.4. The provisions of the Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors, and assigns.
10.5. You may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of PSG MANAGER Ltd.
10.6. PSG MANAGER Ltd. reserves the right to assign subcontractors to services.
10.7. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
10.8. No provision of this Agreement shall be interpreted against any party because such party or its legal representative drafted such provision.
11. LIMITED LIABILITY.
11.1. In no event shall We be held liable to any party for any direct, indirect, implied, punitive, special, incidental, or other consequential damages arising directly or indirectly from any use of the Content, which is provided as is, and without warranties.
11.2. You understand and agree to have total responsibility and risk for Your use of the Website. We provide the Website and related information and We do not make any express or implied warranties, representations, whatsoever. We specifically disclaim any implied warranties of title or merchantability for a particular purpose, and non-infringement regarding the Website, any information, or third-party information or links provided thereon. Also, We shall not be liable for any cost or damage arising either directly or indirectly from any transaction. In no event will We be liable for any claims for damages, even if advised of the possibility of such damages, arising out of your use of or personal dependence on this Website.
11.3. We make no representations whatsoever, nor do We guarantee or endorse, the quality, non-infringement, accuracy, completeness, or reliability of any third-party materials, programs, products displayed on such third-party website or which you may access through a link on such website. Any communication or any other dealings between You and the third party are solely
between You and such third party. Accordingly, We expressly disclaim responsibility for the content, materials, accuracy, and quality of the information, products, and service available through or advertised on these third-party websites.
12. CONFIDENTIALITY.
The parties agree to hold each other's proprietary or confidential information in strict confidence. "Proprietary or Confidential Information" shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, notes, or financial information. Proprietary or Confidential Information shall not include any information which:
(i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party
(ii) was previously known to the receiving party or rightly received by the receiving party from a third party
(iii) is independently developed by the receiving party; or
(iv) is subject to disclosure under a court order or other lawful processes
The parties agree not to make each other's Proprietary or Confidential Information available in any form to any third party or to use each other's Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party's Proprietary or Confidential Information shall remain the sole and exclusive property of that party.
13. FORCE MAJEURE.
Neither party will be liable for or will be considered, to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such party's reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event.
FINAL PROVISIONS
14. The relationship between You and Us is governed by these Terms and Conditions and it is effective on the date of actual use of the Website. The rights and obligations of the parties are fulfilled upon Your registration. The following provisions shall survive termination of these Terms and Conditions: Intellectual Property Rights, Limitation of Liability, and any other provision of these Terms and Conditions which by its nature shall remain effective after the termination in this regard.
14.1. You may not assign any of the Terms and Conditions of any third party without previous written consent from Us. We may assign rights and obligations under these Terms and Conditions to any party and at any time, without Your notice. These Terms and Conditions represent the entire agreement between You and the Us with respect to the use of the Website.
14.2. These Terms and Conditions may be amended or supplemented unilaterally by Us from time to time, without any notice. The new Content of the Terms and Conditions takes effect upon their publication on the Website. If You do not agree with the new Terms, You shall stop using the Website and the service.