Terms and conditions
Service Agreement related to the Use of Serpstat Software.
The date of the last change: 01.01.2017Review the previous version
General Provisions of the User Agreement
- This User Agreement (hereinafter referred to as “the User Agreement”, “the Agreement”, or “the Conditions”) defines the Conditions of access and use of Serpstat software according to Saas model, provided by Netpeak Ltd Legal Entity, registered at the address: Office 7, 35-37 Ludgate Hill, London, EC4M7JN, United Kingdom (hereinafter referred to as “the Services”, “the Service”, or “Serpstat”) via the Web-site www.serpstat.com (“the Web-site”), including subdomains and related Websites, as well as any information, texts, graphical, video and other materials, placed on the mentioned above Internet site or associated with the brand and Serpstat trademark.
- Using Serpstat Service, you automatically accept these Conditions. If you do not accept each and every condition of this Agreement, the further use of the Service shall be deemed illegal. Moreover, you confirm, that you possess full civil competency in accordance with the jurisdiction of the country of your residence.
- Terms “you,” “your,” “the User,” and their derivatives in this Agreement shall mean individuals or legal entities, using the Services, (except for natural individuals, who have not reached the age of 18 years, and who are legally incapacitated).
- If you use the Services for and on behalf of a company or another legal entity, the Conditions of this User Agreement shall be applied to the company or another legal entity, for and on behalf of which you act.
The Subject of the Agreement
- The subject of this Agreement is transfer by the Service of non-exclusive rights to the User with regard to using the Services under the terms and Conditions of simple (non-exclusive) license by allowing access to the Service at the server, owned by Serpstat.
- Serpstat shall be obliged to provide the User with the services during the Period (paid period of access to the Service) under the Conditions of Tariff selected by the User for personal use.
- If you use our Services on behalf of your company, this shall mean, that the company accepts these Conditions. It shall be obliged to protect the Service, its management, agents, and employees against any claims, procedures and proceedings related to your using of the Service or violation of these Conditions by you, as well as against any responsibility, including financial, with regard to claims, harm, damage, processes, proceedings, judicial expenses and lawyer's fee.
- The Conditions of this Agreement shall cover all the further updates and new versions of the Service. Keeping on using the Service, the User thereby will accept all amendments, as well as will accept the Conditions of this Agreement for the relevant updates, new versions of the Service, if the updates and/or a new version of the Service are not accompanied by another agreement.
Introduction of Amendments
- Serpstat shall reserve the right unilaterally to change, supplement, or replace some or all Conditions of this User Agreement, having come into force from the date of its placement on Serpstat Web-site, including, but not limited to, commission fees related to the use of the Services. In a case of change of the Conditions, Serpstat shall publish the updated User Agreement on the Web-site, as well as shall notify you using available communications facilities of the essential changes in the Agreement. The further use of the Services after such changes have been made shall mean, that you accept them.
- Changes shall have no retroactive effect and come into force no earlier than the fourteenth day after publication.
- If the User has nothing against the changes in writing during 5 (five) days from the date of their introduction, the changes will come into force for him. However, if they are related to the introduction of new functions of the Services or amendments in the legislation, they will be applied immediately.
- Every provision of this Agreement shall be independent and have legal force. If one of the provisions of these Conditions becomes invalid, this will not influence the legitimacy of the other provisions.
- To notify Users of the changes in the Services, such as the introduction of amendments into this Agreement, Serpstat can place banners or balloon notifications with the relevant content on the pages of the Web-site. Also, Users can receive notifications to the e-mail address, indicated by them upon registration at the Service. You shall accept, that the employees of Serpstat can from time to time contact you by means of chat on the Web-site, via e-mail, or telephone.
The Rights and Obligations of the Parties
The Rights and Obligations of the Service:
- Serpstat shall be obliged to ensure the work of the Service in accordance with the Conditions of this Agreement during 24 (twenty-four) hours a day, 7 (seven) days a week, including weekends and holidays, except for routine maintenance and/or repair operations.
- Serpstat shall be obliged to provide Users with standard support during 9 hours Monday through Friday. You can submit an unlimited number of requests for technical support per day. Request processing standard time from the date of its submission by the User of Serpstat shall be 24 hours on work days.
- Serpstat shall have a right to interrupt work of the Service to carry out necessary routine maintenance and/or scheduled repair works at the Service technical resources, as well as unscheduled works in the case of emergency, notifying the User thereof, if it is technically possible, having placed the relevant information on the site.
- Serpstat shall have a right to interrupt the operation of the Service, if it is caused by the inability to use informational transport links, which are not own resources of the Service, or actions and/or omissions of the third parties, if this directly influences the operation of the Service, including in case of emergency situations.
- Serpstat shall have a right to update the content, functional capabilities and user interface of the Service at any time at its own discretion.
- Serpstat shall have a right unilaterally to change a cost of purchased services.
- Serpstat shall have a right to provide the Services to the others. The rights conferred to the User are not exclusive.
- Serpstat shall have a right to block and/or deactivate personal account of the User, including all informational content of the User without notice of the User and explanation of reasons, in a case of violation by the User of the Conditions of this Agreement. In the case of blocking or deactivation of the personal account of the User due to the violation of the Conditions of this Agreement money means, available on the customer account and bonus account of the User, shall not be subject to return.
The Rights and Obligations of the User:
- The User shall be obliged not to take any measures, which can be considered as violating the Ukrainian legislation, the legislation of the country of residence or rules of the international law, including in the field of intellectual property, copyright and/or allied rights, as well as any actions, which result into or can lead to the violation of ordinary operation of the Service.
- The User shall be obliged at least once a month to familiarize with the actual content of this Agreement.
- The User shall be obliged not to convey (transfer) to the third parties completely or partially rights obtained under this Agreement, not to sell, replicate, copy materials of the Service completely or partially, not to alienate them otherwise, including free of charge, without prior writing consent of the Service to the mentioned above actions.
- The User shall be obliged not to give to the third parties passwords and logins, used for access to the Service, to ensure confidentiality of their storage. In a case of unauthorized access to login and password and/or personal account of the User, the User shall be obliged immediately to notify the Service thereof.
- The User shall be obliged to protect, cover losses, indemnify and save harmless Serpstat and its employees from and against any claims, actions, proceedings and expenses (including expenses of court procedure), which can be incurred by the Service as a result of using the Services by him, including caused by the violation of legislative requirements related to the protection of copyright, rights of privacy, or violation of the other rights of the third party or applicable legislation.
- The User shall be obliged not to carry out reverse engineering, reverse compile, attempt to crack, copy code or and perform any other actions, aimed at the violation of routine operation of the Service, or in order to obtain illegal benefits, including to have an impact on the working efficiency of Serpstat.com company servers, as well as not to attempt to crack defense mechanisms, not to use software viruses, Trojan horse, other harmful programs for any own purposes, including brute force attacks, DoS (DDoS) attacks, unsolicited promotional emails, to use links and any other processes.
- The User shall be obliged not to use the Service to create a competing product or service, to copy ideas, functions or graphic elements of the Service.
- The User shall be obliged not trying to receive unauthorized access to the Service.
- The User shall have a right of access to the Service at any time, except for the time of routine maintenance and repair works.
- The User shall have a right to use the Service within its functional capabilities and under the Conditions contained therein.
- The User shall have a right to change the password of his personal account on his own.
- The Rights and Obligations of the Service:
- Serpstat shall be obliged to return funds within 14 days from the date of subscription payment. If the User paid for the subscription to Serpstat and due to some reasons is not satisfied with the Services, he will be able to send a request to firstname.lastname@example.org concerning the chargeback or to write in the chat on Serpstat.com Web-site.
- The request of the User concerning the chargeback will be processed within 7 days from the date of submission. The chargeback will be carried out in the same way as the payment was made.
- The following information will be required for chargeback: your payment information (name, the number of the transaction), your login (e-mail address, used during the registration), copy/photocopy of the document, confirming the payment and short explanation, why do you ask for a chargeback.
Conditions of Subscription and Serpstat Payment for Services
- To have access to Serpstat purchased services, rendered through www.serpstat.com, the User shall pay for the Services by means of credit card or applicable payment service (for example, PayPal).
- Tariffs shall be provided in accordance with monthly (per 1 (one), 3 (three), or 6 (six) months) or annual subscription. Also, there is an opportunity to acquire access to the service for 36 months. Depending on the selected account settings, prolongation of subscription and withdrawal can be carried out automatically or in manual mode. The User can cancel regular payment program, having checked the relevant box in Serpstat account settings, and make next subscription payment in manual mode.
- Having chosen the regular payments, you accept, that money for subscription payment will be automatically debited from your credit card every month. You can refuse your recurring payments on the page: https://serpstat.com/users/settings/ in the "Recurring Payments" section.
- You accept that Serpstat can disclose your payment data only to banking establishments or payment services (such as Stripe) to pay for the Services.
- Depending on the country, a rate of foreign exchange and chosen kind of payment you can be additionally charged commission fees when paying for the Services. The tax rate depends on the payment information, which you shall give while paying for the Services.
- The fact of payment receipt shall be confirmed by an employee of the Customer Success Department by means of dialogues in chats on the Web-site or via e-mail.
- When paying for tariff plan by means of an electronic payment system, Serpstat will not provide individuals with documents, confirming fact of payment. The Users, choosing PayPal payment system to pay for Tariff plan prior to making payment, shall have a right to request for invoice. The request can be sent both to email@example.com and via chat on the Web-site.
Serpstat shall allow cashless transfers, make out invoices and provide legal entities with reports for the rendered services, which:
- Provided complete legal information about the legal entity, required for settlement of transactions, in accordance with the legislation of Ukraine and country of registration of legal entity.
- Make payment in the amount of, at least, 300 (three hundred) USD (US dollars).
- Subscribe to any tariff plan, except for Plan A, at least, for 6 (six) months.
- Understand, that % of value-added tax or any other obligatory payment, defined by the legislation of the country of registration of the legal entity, as well as the legislation of Ukraine, will be added to the cost of tariff plan.
- Payment for tariff plan shall be made in the currency of the country of your residence or registration of the legal entity, in the amount equal to the tariff amount in US dollars.
Conditions of Termination of the Agreement
- This Agreement comes into force from the date of the first use of the Service after the registration on the Web-site, and will remain in force until the deactivation of personal account or refusal from the Services.
- You can deactivate personal account at any time. To deactivate personal account, send a request to the user support team of Serpstat via chat on the Web-site or via e-mail firstname.lastname@example.org.
- In a case of violation of the Conditions or creation of legal risks for Serpstat, Serpstat can unilaterally deactivate or suspend the operation of your personal account, of which you will be notified via e-mail or upon the attempt to enter your personal account.
Responsibility and Procedure for the Settlement of Disputes
- For the violation of obligations under the Agreement, the Parties shall bear responsibility in accordance with the legislation of Ukraine. The responsibility of the Service before the User in the event of claims for damages shall be limited to the amount of cost of the services purchased by the User.
- The Party, which violated the obligations under this Agreement, except for obligations related to the payment of the Services, shall not be held liable for such violation, if it proves, that the violation was a result of accident or force-majeure.
- Serpstat shall be provided to the User in accordance with the international principle “as is”, thus, the Service shall not be responsible for the problems, arising during updates, support, and operation of the Service (including the compatibility issues with other program products, as well as noncompliance of the results of the Service use to the expectations of the User etc.), as well as for the direct and consequential damages of the User, including loss of benefit and possible damage.
- The Service shall have a right unilaterally block or deactivate personal account of the User, without any chargeback for the purchased services in case of violation of the Conditions of this Agreement by the User, as well as non-performance of the obligations by the User.
- In the case of disputes and conflicts between the Parties, arising out of this Agreement or related to it, the Parties shall take all measures to settle them by means of negotiations.
- In case, if the Parties cannot settle the disputes and/or conflicts between them by means of negotiations, such disputes will be settled in the International Commercial Court of Arbitration affiliated with the Chamber of Commerce and Industry of Ukraine.
- Except for the preceding and warranties, expressly provided in this Section, Serpstat shall not provide any other guarantees.
- Serpstat shall not be liable for direct or consequential damage, caused by the activity of computer hackers or unauthorized access and use of the Services or personal account of the User, as well as damage, occurred because of errors, omissions, service interruption, technical problems, other similar problems.
- If the User is not satisfied with the Services, he can deactivate Serpstat personal account, having referred to the Service support, and terminate the Agreement. Such a refusal will be the only and exceptional way to terminate the Agreement (and the only and exceptional obligation of Serpstat).
- Serpstat shall not ensure the working efficiency of remote networks, payment terminal/systems, by means of which the User receives access to the services, their payment, and functioning of which does not depend on the activity or inactivity of the Service.