Conditions for Use of the Feng Office System
1.1. Feng Office is the property of Secure Data SRL (the “Company”). Feng Office is a product that allows you to access your information and tasks 24 hours a day, regardless of where you are. All you need is to have equipment connected to the internet.
1.2. Feng Office is executed in the servers provided by the “Company”. The “Customer” is allowed access for the use of applications and data storage.
1.3. The “Customer” should be over 18 years old and must be a human being (automatically registered accounts are not accepted). Feng Office characteristics and the services it renders are known to the “Customer”, who hereby accepts them accordingly.
2.1. The “Company” grants the “Customer” the licenses for use of Feng Office contracted according to the plan selected in Feng Office website, non-exclusively, untransferable, and for a limited time.
2.2. The “Customer” may not reproduce, copy, duplicate, sell, resell or exploit the product in whole or in part.
2.3. The “Customer” declares to know and accept, without any limitations whatsoever, the functionality and other conditions of Feng Office including, but not limited to, the backup and updating policies described hereunder.
2.4. Ownership of program copyrights, trademarks and dominion names hereby licensed are the exclusive property of the “Company” and are duly registered. This Agreement does not create any ownership rights whatsoever thereupon in favor of the “Customer”.
2.5. In order to have access to the use and benefits of Feng Office, the “Customer” must have the minimum Hardware and Software required to execute the system remotely, as detailed in Clause 17.
3.1. The price for use of the Feng Office licenses issued and related services shall be this.
3.2. This amount shall be paid by the “Customer” pursuant to the established terms and conditions.
3.3. It shall be invoiced prior to the contracting period (monthly, semi-annually or annually), and is not refundable in the event of termination of the Agreement. The amount shall not be reimbursed for partial use of the service, or due to change of plan, cancellation of the service or lack of use of the system throughout the full contracted period.
3.4. The agreement shall be renewed automatically and successively for the same period as originally contracted, unless prior notice of non-renewal by the “Customer”, pursuant to Article 15.
3.5. All prices exclude taxes, the payment whereof shall be the “Customer’s” responsibility.
4. Conditions for Data Operation
With respect to the data housed in the “Company’s” servers as a result of the information supplied by the “Customer", the following is hereby agreed:
4.1. The housed data shall be managed by Feng Office in order to allow access for consultation by the “Customer”. The veracity, accuracy and validity of the data provided by the “Customer” through Feng Office, and housed in the “Company” servers, are the exclusive responsibility of the “Customer”.
4.2. The data provided to Feng Office by the “Customer” shall not be disseminated without written authorization from the “Customer”, who shall be responsible for gathering the necessary corresponding legal consent from the owner thereof.
4.3. Upon termination of this use license by any of the modalities hereby agreed upon, the “Customer” must download his/her data.
5.1. Feng Office has the necessary means to prevent damages derived from its use, as well as an adequate policy for data backup, using specific high quality, reliable hardware to house data in individual sites, and its duly qualified staff is able to manage this system.
5.2. The “Customer” shall be the sole responsible party for the use he/she makes of Feng Office and for the decisions he/she makes based on its data, classifications, sorting, etc. offered by Feng Office.
5.3. In no case shall the “Company” be liable for the use of Feng Office or for the damages (whether they are damages caused to the “Customer", direct or indirect, loss of profits, losses, moral damages, or due to any other compensation or fine) as a result of technical failures such as, for example, system, line, or server crashes, or any other causes beyond its control.
5.4. The “Company” shall be exempt from any responsibility in case of anomalies resulting from the user’s failure to comply with these operating or handling instructions.
5.5. The “Customer” shall refrain from marketing or sublicensing the licensed program in any way, as well as from using it to render remote information services, consultancies or data processing, unless such a modality is within its line of business.
5.6. The “Customer” shall protect intellectual property rights related to the distributed product and its applications.
6.1. The term of the services contracted by the “Customer” is set forth in the chosen plan, according to the selected way of payment.
6.2. User rights acquired by the “Customer” in no case shall be transferable to third parties.
6.3. The license for use and annex services agreement shall be terminated in the event of dissolution of the contracting Company (the “Customer”).
7.1. The “Company” shall maintain strict secrecy and shall not transfer or reveal to third parties any “Customer” data contained in Feng Office, during or after the validity of the license.
7.2. The “Company” may disclose the data referred to in this Article: (i) upon the prior written consent from the “Customer”; (ii) whenever the use thereof by involved technical staff is necessary for the strict execution of this agreement; or (iii) whenever required by a relevant authority.
7.3. The “Company” shall not make use of “Customer” data accessed through the use of Feng Office for any purpose other than that necessary for the strict execution of the contracted services.
8.1. Whenever the “Customer” proves that the “Company” has failed to comply with its obligations, the “Customer” may request the termination of contracted services by confirmed written notice. Once the notification has been received, the “Company” shall remedy said failure within a thirty-day term. Upon the expiration whereof, should such failure continue, the “Customer’s” unilateral termination shall prevail.
8.2. The “Customer’s” non-compliance of any of the obligations assumed with the “Company” shall allow the latter to temporarily or definitely suspend service to the “Customer” immediately, with no liability whatsoever to the “Company” for this reason and without prejudice to any other rights it might be entitled to. The “Company” also reserves this right in the same conditions, to be applied at its discretion in cases of force majeure, fortuitous events or sovereign acts.
9.1. All communications to the other party shall be sent by e-mail to the address supplied by the “Customer”.
10. System Characteristics
The system covers the use of previously indicated contracted application software, housed in the Feng Office application server, operating on data bases stored in data base servers contracted by Feng Office, or operating on mobile computing, as appropriate.
11.1. The “Company” guarantees that Feng Office operates substantially in accordance with technical documentation and instructions detailed on the web, and agrees to exert every necessary effort to correct any possible errors detected. The “Company’s” liability is limited to correcting errors, and does not generate any responsibility whatsoever, whether express or implied, on possible damages that may result to the licensee, directly or indirectly, in relation with the use of Feng Office.
11.2. The “Company” shall not be held responsible for carrying out development work that in any way alters the functionality of the system as a whole or of any of its elements in particular.
11.3. The “Company” is hereby totally excluded from any other type of warranty or liability, whether express or implied, including the guarantee of merchantability and fitness for a particular purpose, with respect to the program and any type of material that accompanies it. The “Company” shall in no case be liable to the “Customer”, or to third parties operating with it, for any damages, financial or other, arising from or related to software failures, interruptions or defects, or for any direct, indirect or consequential damages, or for any loss of profit, of use or any other loss, financial or other, arising from or connected to the licensing, use or inability to use the software.
The “Company” will provide integral support service for the efficient operation of Feng Office in its original state, including the following:
1) Updating to new released versions of the product.
2) E-mail assistance for system reconfiguration and user support.
3) Identification of drawbacks due to operational accidents.
4) Services for work other than the contracted software support, such as configuration of network terminals, printers, Windows, Office, or any other software belonging to third parties, are hereby excluded. Any Such works work may be undertaken by the “Company” if requested, directly or indirectly, and shall be quoted and invoiced separately.
5) No assistance shall be provided if the “Customer” is not up to date with the payment of the service for the current month.
Technical support is provided only for users with payments up to date and is carried out by e-mail or through the ticket system.
13. Hosting Service
13.1. The “Company” shall host the “Customer’s” data in its own or hired servers.
13.2. The hosting service shall be available 24 hours a day, the 365 days of the year. The “Company” guarantees that the service will be available for over ninety nine per cent of the contracted time.
13.3. Feng Office shall have a high capacity connection service capable of withstanding the number of users who have contracted the service without threatening the performance for the “Customer”, within reasonable margins according to the “Company’s” criteria.
13.4. Feng Office will backup software and data bases daily. The “Company” will maintain the backups for a period of seven calendar days. Likewise, the “Customer” may backup his/her data at any time on the “Customer’s” own equipment.
13.5. The “Company” shall perform the maintenance on the program’s systems and on the equipment covered by the agreement.
14. Terms of Integration Through API
The “Customer” may access his/her data contained in Feng Office through an API (Application Program Interface). Any use of the API, including the use of products through third parties who access Feng Office, is subject to these terms and conditions. Any consequences this use may have on the product or on the “Customer’s” data or goods is the sole responsibility of the “Customer”. The “Company” shall not be held responsible for the data or losses produced by the use of API or third party products accessed through API.
The “Customer” may cancel the account at any time, by means of an e-mail from the same account that appears on the Feng Office registration.
Thereupon, the “Customer’s” stored data shall be deleted from the service, and that information may not be retrieved.
A thirty-day notice is required to stop the automatic renewal.
16. User Names and Passwords
In order to offer greater guarantees for the responsible operation of the software, Feng Office shall provide the “Customer” with a standard password. The “Customer" must provide his/her name, a valid e-mail address and all the other information required to complete the registration. Updating, maintaining and ensuring the security of the user name and password shall be the “Customer's” responsibility. The “Customer” shall be held responsible for the information and activity taking place under his user name. The login may only be used by one person. A shared login is not allowed. The standard password originally awarded by Feng Office must be changed.
17. Equipment Required
The “Customer” shall have the necessary equipment to execute the system remotely from the server, with the following minimum capacities:
Pentium 4 or greater
512MB RAM Memory
Windows 2000/XP/2003/Vista, Mac OS X or Linux Operating System, Web Browser Mozilla Firefox 2 or greater (recommended), Internet Explorer 7 or greater.
Internet Connection Requirements:
Effective bandwidth for 10 users: 768Kbps download, 256Kbps upload.