Terms of services

1. General provisions
1.1. This contract is concluded between person under business certificate (activity no. 602038) hereinafter refered to as the Supplier and Client.
1.2. This agreement establishes the basic conditions between the Client and the Supplier, when the Client registers in system and uses other services of the Supplier.
1.3. Definitions of key terms used in the Agreement:
Client – a natural or legal person who has registered in the System and created an Account.
Account – the result of registration in the computer system, during which personal data of the registered Client is saved, a login name is assigned and the rights of the Client in the system are defined.
Acceptable language – Lithuanian and English languages.
Supplier – person under business certificate and other legal persons, which person under business certificate requests during provision of services and which are authorized to act on behalf of person under business certificate.
System – a software solution on Supplier web pages, developed by Supplier and used for provision of Supplier services.
Password – any code of the Client created in the System or provided to the Client by the Supplier for the access to the Account or initiation and management of services provided by the Supplier.
Party – the Supplier or the Client.

2. Registering in the System and creating an Account
2.1. The Client has to sign up for an Account in the System in order to start using the services provided by the Supplier. The supplier has has the right to refuse to register the new Client without indicating the reasons, however, the Supplier assures that the refusal to register will always be based on significant reasons which the Supplier does not have to or does not have the right to reveal.
2.2. When registering in the System, the Account is created for the Client. The Account is personal and only its owner has a right to use it.
2.3. The Agreement shall enter into force and become valid indefinitely when the Client has been registered in the System, became acquainted with the Terms of the present Agreement and expressed their consent to comply with the Terms.
2.4. Client's registration in the System is a confirmation of the Client that the Client expresses consent with the Terms of the Agreement and undertakes to adhere to them.

3. Prices of the Supplier
3.1. Prices of the Supplier are provided in corresponding section of the Agreement, provided for the specific service. Prices of the Supplier can also be provided in website at docboards.eu/pricing.
3.2. If the Supplier reduces the prices of general services specified in the System, new prices will be valid regardless of whether the Client was informed, but only if they were not changed in a manner stated in section 7.

4. Use of the Supplier data storage facilities
4.1. The Client can use and control data storage facilities provided by the Supplier via System's website, after logging in to Account with his/her assigned username and password.
4.2. The Client assures, that he/she will not use Supplier services for any unlawfull purposes.

5. Prohibited activities
5.1. Client using Supplier services is prohibited from:
5.1.1. not complying with the Terms of the Agreement, legislation and other legal acts;
5.1.2. providing to third parties false, misleading or incorrect information about Supplier and cooperation with Supplier;
5.1.3. spreading computer viruses and undertaking other actions that could cause System malfunctions, information damage or destruction and other damage to the System, equipment or information of the Supplier;
5.1.4. undertaking any other deliberate actions which could disturb provision of the Supplier Services to the Client or third parties or proper functioning of the System;
5.2. The Client shall reimburse all direct damages, fines and other monetary sanctions applied to the Supplier due to non-observance or violation of the Terms, including but not limited to, clause 5.1 of the present Agreement due to fault of the Client.

6. Sending Notifications by the Parties
6.1. The Client confirms that he/she agrees that the Supplier notifications will be provided to the Client by placing them on the website of the System and by sending an email, which was indicated by the Client at the time of registration in the System. The Client acknowledges that the Supplier notification, submitted in any of the above mentioned ways, shall be deemed as properly provided. If such notifications are not related to the substantive amendment to the Agreement, it shall be deemed that the Client received the notification within 24 hours from the moment it was posted on the website of the System or sent to the Client by e-mail.
6.2. In case the Supplier notification relates to essential amendments to Terms of the Agreement, the Client shall be informed 60 (sixty) days in advance. It shall be deemed that the Client has received the notification and the amendments to Terms of the Agreement come into force within 60 (sixty) days after the notification has been published on the website of the System or sent to the Client by email:
6.3. The 60 (sixty) days notification period shall not be applied and notifications shall be provided in accordance with order laid down in clause 6.1, if:
6.3.1. the Terms of the Agreement are changed due to changes in mandatory requirements of the legislation;
6.3.2. the prices of services are reduced;
6.3.3. the prime cost of provided services increases which leads to increase in prices of the Supplier services;
6.3.4. a new service or a part of a service appears, which may be used or not used by the Client at his/her own choice.
6.4. Non-essential amendments of the Agreement are style and grammar corrections, paraphrasing and moving a sentence, a clause or a section of the Agreement for the sake of better understanding; provision of examples for articles and other changes which do not reduce or limit rights of the Client and do not increase liability of the Client or aggravate his/her situation.
6.5. The Client undertakes to check his/her email and other instruments for reception of notifications indicated on the Account, as well as websites of the System, on a regular basis, i.e. at least once a business day, in order to notice notifications about amendments to the Agreement in a timely manner.
6.6. All messages of the Parties shall be sent in the Acceptable language or in language in which the written Agreement was presented to the Client to get acquainted with.
6.7. The Client undertakes to publish on his/her Account and, in case of amendments, immediately update the contact data, which the Supplier could use to urgently contact the Client or representatives of the Client. In case the Client does not update the contact data on his/her Account, all consequences due to the failure of the Supplier to submit notifications to the Client shall fall on the Client.
6.8. Client messages related to the present Agreement shall be sent to the email address help@docboards.eu.
6.9. The Supplier shall notify the Client in advance, in accordance with the procedure stated in clause 6.1. of the Agreement, about known and possible technical failures of the System and systems or equipment of third parties involved by the Supplier in provision of services, which have an impact on provision of the Supplier Services.
6.10. The Supplier may change the solution for technical integration of services without constraint and at any time.

7. Amendments to the Agreement
7.1. The Supplier has the right to unilaterally amend and/or supplement conditions of the Agreement according to procedure set forth in clauses 6.1.-6.4. of the present Agreement.
7.2. The Client has no right to unilaterally change and/or amend the conditions of the Agreement.
7.3. In case the Client does not agree to amendments or supplements to the Agreement, he/she has the right to refuse Supplier services and terminate the Agreement, notifying Supplier thereof 30 (thirty) days in advance.

8. Suspension of Service provision. Termination of the Agreement
8.1. The Supplier, at its own discretion and taking at consideration the specific situation, giving preference to execution of legal acts, applied to the activity of the Supplier, and interests of the Client, has the right to unilaterally and without a prior notice apply one or several of the following measures:
8.1.1. to suspend the use of data storage facilities;
8.1.2. to suspend provision of all or part of services to the Client;
8.1.3. to limit Client's access to the Account;
8.1.4. to refuse to provide services.
8.2. Measures indicated in clauses 8.1 of the Agreement may be applied only in the following exceptional cases:
8.2.1. if the Client essentially violates the Agreement or a real threat of essential violation of the Agreement by the Client arises;
8.2.2. if activities of the Client using Account have a potential to harm the Supplier business reputation;
8.2.3. if the Client does not comply with requirements of section 5;
8.2.4. if due to further provision of services and activity of the Client, justified interests of third parties may be harmed;
8.2.5. in cases specified by legislation;
8.2.6. in other cases stated in the Agreement.
8.3. The Client has the right to terminate the Agreement unilaterally without appealing to the court, notifying the Supplier thereof in writing 30 (thirty) calendar days in advance.
8.4. The Supplier has the right to terminate the Agreement unilaterally and refuse to provide services without indicating the reason, notifying thereof the Client 60 (sixty) days in advance by means provided in section 6 of the present Agreement.
8.5. In case of termination of the Agreement, the Supplier deducts from the Account of the Client money amounts, payable for Services provided to the Client, also fines, forfeits, losses and other amounts paid to third parties or the state, which the Supplier has incurred due to the fault of the Client. In case the amount of money on the Account (or Accounts) of the Client is insufficient, the Client undertakes to transfer provided amounts to the account of the Supplier within 3 (three) business days covering all amounts indicated in the present clause. In case the Supplier regains a part of amounts paid to third parties, the Supplier undertakes to return the regained amounts to the Client immediately.

9. Confidentiality and Data Protection
9.1. The Client undertakes to protect and not disclose any Passwords, created by him/her or provided to him/her under the present Agreement, or other personalized security features to third persons and not to allow other persons to use services under the name of the Client. If the Client has not complied with this obligation and/or could, but have not prevented it and/or performed such actions on purpose or due to own negligence, the Client fully assumes the loses and undertakes to reimburse the loses of other persons incurred due to the indicated actions of the Client or his/her failure to act.
9.2. In the event of loss of an Account Password or other Passwords by the Client or the Password/Passwords are disclosed not due to the fault of the Client or the Supplier, or in case of a real threat has occurred or may occur to the Account of the Client, the Client undertakes to change the Passwords immediately or, if the Client does not have a possibility to do that, notify the Supplier thereof immediately (not later than within one calendar day) by means indicated in section 6. The Supplier shall not be liable for consequences that have originated due to the notification failure. 9.3. After the Supplier receives the notification from the Client as indicated in clause 9.2., the Supplier shall immediately suspend access to the Account of the Client and provision of services until a new password is provided/created for the Client. 9.4. The Supplier draws the attention of the Client to the fact that the email linked to the Account and also other instruments, which under Client's choice are linked to his/her Account, are used as instruments for communication or identification of the Client, therefore, these instruments and logins to them shall be protected by the Client. The Client is completely responsible for safety of his/her email passwords and all the other instruments used by him/her and their login passwords.
9.5. The Supplier has the right to transmit all collected important information about the Client and his/her activity to other law enforcement institutions, state authorities, if such duty is determined by the legislation, and in order to identify whether this Agreement and relevant legislation have not been or will not be violated.

10. Liability of the Parties
10.1. Each Party is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damage incurred due to such liability to the affected Party. In all cases, liability of the Supplier under the Agreement is limited by the following provisions:
10.1.1. The Supplier shall only be liable for direct damages caused by direct and essential breach of the Agreement made by the Supplier, and only for damages which could have been foreseen by the Supplier at the time of breaching of the Agreement;
10.1.2. The amount of compensation for damages caused by violating the Agreement by the Supplier shall not exceed the average of fees for the last 3 (three) months paid to the Supplier by the Client for provided services. This restriction is applied for the total amount of all violations of the month.
10.1.3. In all cases, the Supplier shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
10.1.4. Limitations of the Supplier liability shall not be applied if such limitations are prohibited by the applicable law.
10.2. The Supplier does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control the Supplier. The Supplier shall put all efforts to secure as fluent System operation as possible, however, the Supplier shall not be liable for consequences originating due to System operation disorders if such disorders occur not due to the fault of the Supplier.
10.3. The System may not operate due to reasons under control of the Supplier and the Supplier shall not provide any compensation for malfunctions if the System has been accessible for more than 99% (ninety nine percent) of all time, calculating the average of at least 3 (three) months.
10.4. Cases, when the Supplier limits access to the System temporarily, but not longer than for 24 (twenty four) hours, due to the System repair, development works and other similar cases, and if the Supplier informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
10.5. The Supplier is not liable for:
10.5.1. consequences arising due to disturbances of fulfillment of any the Supplier obligations caused by a third party which is beyond control of the Supplier;
10.5.2. consequences arising after the Supplier legally terminates the Agreement, cancels Client’s Account or limits access to it, also after reasonable limitation/termination of provision of a part of the Services;
10.5.3. for a failure to fulfill its own contractual obligations and damages, in case it was caused due to the Supplier fulfilling duties determined by the law.
10.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
10.7. After the Client submits a specified in clause 9.2. notification with a request to block the Account, the Supplier shall bear the losses of the Client incurred due to the lost, stolen or illegally acquired Password, except for cases of dishonesty of the Client.
10.8. In case the Supplier does not create conditions to immediately notify about a lost, stolen or illegally acquired Password, the Supplier shall bear the losses incurred due to unauthorized usage of the Password, except for cases of dishonesty of the Client.
10.9. The Client shall check information about operations performed on the Account at least once a month and notify the Supplier about unauthorized or improperly executed operations, also about any other errors, inconsistencies or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when the Supplier, according to the Client, has performed the unauthorized operation or has performed the Payment operation improperly.
10.10. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify the Supplier about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. The supplier shall notify the Client about force majeure circumstances via email or website of the System.

11. Settlement of disputes between the Client and the Supplier
11.1. The Supplier aims to settle all disputes with the Client amicably, promptly and on terms acceptable to both Parties, thus, in case of a dispute, Clients are encouraged to firstly address the Supplier directly. Disputes are solved by negotiation.
11.2. The Client may submit any claim or complaint regarding services of the Supplier by sending a notification via email help@docboards.eu.
11.3. The Supplier shall, within 30 (thirty) days, review the Client's claim or complaint and inform the Client of the decision made.
11.4. If the Client is not satisfied with the decision made by the Supplier, the Client has the right to use other legal remedies to protect his/her rights.
11.5. In case of failure to settle a dispute amicably or in other extrajudicial methods of dispute resolution, the dispute shall be settled by the courts following the procedure established by the law. A court shall be chosen according to the location of the Supplier office.
11.6. The law of the Republic of Lithuania is applicable to this Agreement, and relations of the Parties that are not regulated by this Agreement, including cases when a dispute between the Client and the Supplier falls within jurisdiction of a court of another state.

12. Final Provisions
12.1. The Client does not have the right to assign his/her rights and obligations arising out of this Agreement to third parties without a prior written consent from the Supplier. The Supplier reserves the right to assign its rights and obligations arising out of this Agreement to third parties at any time without a consent from the Client if such transfer of rights and obligations does not contradict the legislation.
12.2. If any provision of the Agreement becomes invalid, other provisions of this Agreement remain in force.
12.3. The Agreement shall come into force in accordance with clause 2.3 of the present Agreement. The Client may save the text of the Agreement at the time of registering in the System.
12.4. Links to websites given in the Agreement regulating provision of separate services are integral part of this Agreement and are applied to the Client from the moment he/she starts using the respective service.