NOTE: These Terms and conditions apply to all users of the Website to the extent that it stipulates general conditions of use. Rules related to the provision of Services and/or Products are only applicable to consumers.
- These Terms and conditions (“Terms”)
1.1. What these Terms cover. These Terms constitute an agreement between CINDERAL LIMITED (hereinafter the “Company”, “We”, “Us”, “Our”) and You, governing an access and use of website https://cinderal.com/ (hereinafter the “Website”) and provision of Services and/or Products to You via the Website.
1.2. Why you should read them. These Terms are a primary document, which governs relations between the Company and You. Your use of the Website means that You have read, understood, and agree to abide by the Terms. Please read these Terms carefully and monitor any updates.
1.3. Information for business customers. These Terms apply only to natural persons acting for purposes which are outside his trade, business, craft, or profession. If You are acting for mentioned purposes or represent a business entity, please contact us via available means of communication.
- Information about us and how to contact us
2.1. Who we are. We are CINDERAL LIMITED, a limited company incorporated and registered under the laws of the Republic of Cyprus, with its registration number ΗΕ 399014. Our registered address: Georgiou Griva Digeni, 113, Astromeritis 2722, Nicosia, Cyprus.
2.2. How to contact us. You can contact us by writing at info@cinderal.com.
2.3. How we may contact you. If we have to contact You, we will do so by writing to You at the email address You provided to us in your order.
- Our Services and Products
3.1. Services we may provide to You. Our Services include information technology services, namely, but not limited to product design, custom software development, mobile development, web development, IT product optimization; marketing services namely, but not limited to branding. The list and explicit description of our Services are available on the Website.
3.2. Products we may provide to You. Our Products include, but are not limited to IOS & Android Applications UI Design, Branding UI Style Guide, Admin & Dashboard Templates, WP Plugins. The list and explicit description of our Products are available on the Website.
- General conditions of use
4.1. Our consumers. We provide our Services and Products to natural persons of legal age and who have full legal capacity. If You are under the age of 18 (eighteen), You shall be represented by at last one parent or another holder of parental responsibility.
4.2. How you shall use the Website. You agree that you will only use the Website in strict compliance with applicable law and these Terms.
4.3. Our intellectual property rights. All visual interfaces, texts, images, animations, visuals, computer code, music, trademarks, ideas, design, expressions, patents available on the Website (hereinafter – the “Company`s Content”) are legally owned, controlled, or licensed for use by the Company. We reserve all rights not expressly granted herein or in the Website or the Company`s Content.
4.4. Prohibited actions with the Company`s Content. Except as permitted through the Website, or permitted by these Terms, or as otherwise permitted by the Company in writing, You are not allowed to:
a. License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Website and Company`s Content;
b. Download, copy, broadcast, or make otherwise available the Website and the Company`s Content;
c. Modify, prepare derivative works, disassemble, decompile, or reverse engineer any part of the Website or the Company`s Content;
d. Access the Website or the Company`s Content in order to build a similar or competitive website, product, or service.
4.5. Violations of these Terms. We will consider as a violation the use of the Website in a manner which:
a. Breaches any law, statute, regulation or byelaw of any applicable jurisdiction;
b. Is fraudulent or unlawful;
c. Is inaccurate or out-of-date;
d. Is obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
e. May infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or other rights of the company or any third party;
f. Is contrary to the interests of the company, any specific rule or requirement which we stipulate on the website in relation to a particular part of the website or the website generally;
g. Consists in impersonation of any other person or body or misrepresents the relationships with any person or body;
h. Consists in posting of any materials which contain unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
i. Consists in the exploitation of errors and bugs in the website to gain access that would otherwise not be available;
j. Involves use, delivery, or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
k. Interferes with the functioning of the website.
- Provisions of Services
5.1. Order for Services. To have Services provided You should place an order on the Website.
5.2. Acceptance of Your order. After You place Your order for any of the Services, we need to evaluate whether we are able, with regard to our own resources, to start the provision of Services to You. If we are able to start provision of Services to You, within a reasonable time after placing an order, You will be notified by e-mail about this fact. Then You will be contacted by our manager about the details of Your order via email correspondence.
5.3. Payment for Services. After the discussion of the details of Your order, our manager will issue an invoice for the Services and sent You to Your email address. When we receive Your payment, the contract comes into force between You and us.
5.4. The start of Services provision. The date of the start of the provision of Services to You as well as the due date shall be determined by you and our manager via email correspondence. Please note that we provide Services only on a prepaid basis.
5.5. Your right to withdraw from Contact. You have the right to withdraw from the Contract within 14 (fourteen) days starting from the date of conclusion of the Contract. It means that we will reimburse the payment(s) received from You for relevant Services within 14 (fourteen) days from the day on which we have received Your withdrawal request.
5.6. Your right to withdraw from Contact if we started provision of Services to You. In case if we started the provision of Services to You before you make a withdrawal request, you shall pay for Services provided until the time we have been informed about your decision to withdraw. It means that this amount shall be deducted from the sum of reimbursement.
5.7. When You do not have the right to withdraw from Contact. In case if Services are fully provided, when we receive a withdrawal request, You lose Your right to withdraw from the Contract.
5.8. When You may exercise the right to refund. You may exercise the right to refund in case of our failure to fully provide Services to You during a specified period. The refund sum shall be calculated by the Company according to the scope of Services provided.
5.9. How to exercise Your right to withdraw. To make Your withdrawal request, you shall do either:
a. Send us n email with your intention to withdraw from the Contract; or
b. Use this withdrawal form:
To Cinderal Limited
Georgiou Griva Digeni, 113, Astromeritis 2722, Nicosia, Cyprus
info@cinderal.com
I hereby give notice that I withdraw from my contract for the provision of the following Service: [identify Services you have ordered],
Ordered on [insert date of purchase]/provision has started on [insert date of the start of the provision],
[Insert your name],
[Insert your address as well as your email address],
Your signature (only if this form is notified on paper),
[Insert date].
5.10. How we shall make reimbursement. We shall make the reimbursement to the same payment instrument which You used for the initial transaction unless You have expressly agreed otherwise. Please note that reimbursement is applicable only if the Verification is passed.
- Provisions of Products
6.1. Order and payment for Product(s). To have Products provided You should place an order on the Website and make payment for Product(s). When we receive Your payment, the contract comes into force between You and us.
6.2. When we provide our Product(s) to You. We deliver Product(s) to You within 30 (thirty) days starting from the date we have received Your payment for Product(s).
6.3. When Product(s) shall be considered as provided. Product(s) shall be considered as provided either when:
a. You have received an email with attached Product(s); or
b. You have received an email with the link to our server by using of which Product(s) can be downloaded.
6.4. Loss of the right to withdraw from the Contract. Please note that our Products are deemed to be digital content which is not supplied on a tangible medium within the meaning of Directive 2011/83/EU of the European Parliament and of the Council. Therefore, our Products cannot be returned as prescribed in article 16(m) of Directive 2011/83/EU of the European Parliament and of the Council.
6.5. How You may use Product(s). We reserve all intellectual property rights to Product and grant you a non-exclusive, perpetual, worldwide, non-transferable and non-sublicensable license to use and modify Products for an unlimited number of times according to these Terms.
6.6. Prohibited actions with Product(s). During the Contract term and for an indefinite period after its termination You are not allowed to:
a. Make Product(s) available for free download for the purpose of exchange, transfer, or distributing;
b. Transfer, resell, sublicense, rent, redistribute, provide access to, share, or transfer Product(s) and/or the rights to Product(s) to third parties;
c. Use Product(s) in a manner that violates our intellectual property rights. Examples include, but not limited to: falsely represent that any Product was created by You or a person/entity other than the Company; any attempt to patent Product(s) or attempt to officially register any intellectual property rights to Product(s);
d. Use Product(s) in a way that competes with the Company`s business;
e. Use Product(s) for illegal purposes.
6.7. If there is a problem with the Product(s). If you have any questions or complaints about the product, please contact us via available means of communication.
6.8. Conformity of Products. Our Products shall be compliant with Subjective requirements for conformity and Objective requirements for conformity as provided on articles 7 and 9 of Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services. In case if Products are incompliant with Subjective requirements for conformity and Objective requirements for conformity within two years starting from the date of the delivery, the Company shall bring these Products into conformity. If you have discovered that any Product that you have received from us under this Contract is incompliant with requirements for conformity, please send us an email with the full description of your issue to info@cinderal.com. This clause shall survive the termination of this Contract for a period of two years.
- Term of the Contract
7.1. When the Contract shall commence. The Contract between You and us comes into force, when we receive Your payment for Services and/or Products, ordered by You on the Website.
7.2. When the Contract shall be terminated. This Contract shall be terminated:
a. If you have ordered Products: when Products are provided to You as prescribed herein;
b. If you have ordered Services: when Services are provided in full and you get an email with a report with the description of Services which have been provided;
c. You have withdrawn from this Contract in accordance with Your right to withdraw;
d. You or we have terminated this Contract in accordance with another provision of the Contract;
e. You have violated the Terms.
- Price and payments
8.1. Where to find the price for Services and Products. The prices of our Products including all relevant taxes, fees, charges are stipulated on the Website. The prices of our Services depend on the type, scope, complexity of Services You order and shall be determined individually.
8.2. When you shall pay. You shall pay for Services and Products within 5 (five) working days after issuance of the relevant invoice. Otherwise, Your order will be considered cancelled.
- How we use your personal data
9.1. How we may use your personal data. We will only use your personal data as set out in our Privacy Policy which is available in a Website footer. Privacy Policy is an inalienable part and a special supplement of the Terms, that governs aspects of the processing of Your personal data. Please read our Privacy Policy prior to use of the Website and placing an order for the Services and/or Products.
- Applicable law and dispute resolution
10.1. Which laws apply to relations between You and us. These Terms, relations between You and us, including any contracts and agreements, shall be governed and regulated with the laws of the Republic of Cyprus.
10.2. Where you may bring legal proceedings. Any dispute arising out of or relating to these Terms, relations between You and us, including any contracts and agreements, shall be subject to the exclusive jurisdiction of the courts of the Republic of Cyprus.
10.3. Out-of-court settlement. You can always contact us with any issue concerning the provision to you our Services and/or Products, including complaints. Nevertheless, if You deem that Your rights under applicable consumer rights protection law are violated, you can follow the European Commission’s Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/ and find a solution to your problem.
- Limitation of liability
11.1. When we have no liability. In no event shall the Company, its owners, suppliers, or any of their respective owners, directors, employees, contractors and/or agents be liable to you or any third party for any direct, indirect, special, exemplary, punitive, or other consequential or incidental damages (including but not limited to any lost profits or revenue, interruption, loss of programs or other information, or any other pecuniary loss) arising directly or indirectly from:
a. Your use of or access to the Website, or any Company`s Content, Services and/or Products provided through the Website;
b. For any failure or interruption of the Website; whether arising out of errors, omissions, loss of data, defects, viruses, interruptions or delays in operations or transmission or any other cause, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if the Company or its suppliers have been expressly advised of the possibility of such damages.
11.2. When we have limited liability. In any event, and without prejudice to the above, the Company’s total maximum aggregate liability under these Terms to you shall not exceed the amount that you have paid the Company for Services and/or Products unless another is prescribed by law.
- Indemnification
12.1. Your liability. You agree to be liable for any damages and losses caused to the Company, its employees, agents, directors, officers, subcontractors, licensors, and suppliers, and any affiliated entities and any successor within Your use of the Website, Company’s Content, Services, and Products.
- Updates of these Terms
13.1. How we may update these Terms. From time to time, if it is necessary, we may change, amend, modify, or correct these Terms. In case of any changes, amendments, modifications, or corrections, we will post the revised Terms on the Website, change the date of the last revision of the Terms.
13.2. Monitoring of the updates. Please be careful and monitor any updates of these Terms. Your continued use of the Website after the revised Terms have entered into force shall be considered as a fact that you have read, understood and agree to be bound by the revised Terms.
- Other important information
14.1. If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Disclaimer
15.1. THE WEBSITE, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EXPRESSED, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS AND SERVICES CONTAINED IN THE WEBSITE WILL BE SECURE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, PRODUCTS AND SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, PRODUCTS AND SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE COMPANY`S WEBSITE, PRODUCTS, AND SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING EXCLUSION DOES NOT AFFECT ANY IMPLIED WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
