This agreement is established between Pushex Software Private Limited, an organization enlisted under CompaniesAct 1956 in Malta. The registered office is located at 56, Ground Floor, Europa Centre, St. Anne Street, Floriana, FRN 9011, Malta, alluded to as "Pushex". The payer or/and the recipient of services below identified as a large role of the subscription procedure for Pushex Services, is alluded to as "You" or "Client".
It is important to note that by agreeing to these terms and conditions the client represents and agrees thatthe Client is major and therefore lawfully competent to accept a contract. In case a client is representing the interest of a business, the client becomes authorized to accept the contract on behalf of the company he/she represents. The client additionally represents and agrees that they are not a competitor of Pushex.
Hence, by ordering Pushex’s services, utilizing Pushex’s services, and/or clicking “I accept”, the clientvoluntarily agrees to follow all the terms and conditions of this agreement.
Pushex offers Pushex services that incorporate the following: Product's application interface (the"Dashboard"). The domain where the service is hosted is run by, and looked after by Pushex. Pushex will offer Technical Support for the Service. If the client runs into an issue relating to the service provided by Pushex, the client may contact the technical support at Pushex by sending an email to firstname.lastname@example.org. Only the client or an individual approved by the client may contact Pushex's technical support. Occasionally, Pushex may develop different methods for contacting the technical support staff. All the necessary information will be delivered to the client via the email the client provided during registration.
In the event that you register for a free trial of the Service, Pushex will provide the Service accessibleto you on a trial basis for free until the end of the trial subscription. In the event that we incorporate extra terms and conditions on the trial registration web page, those will apply as well. Service that is provided throughout the trial period (i) will be provided "as it is" without warranties of any sort, (ii) may be suspended, limited, or terminated by Pushex for any reason, any time, without a notice, (iii) will not be a liability for Pushex, which means we are not responsible for damages of any type related to the service provided by us. Unless you create a subscription before the end of the free trial, all of the data about the service can be deleted at the end of the trial, and we will not be able to recover it.
The client hereby consents to utilize the Services of Pushex strictly under the terms and conditions ofthis agreement. If it is discovered that the client uses the services in a way that breaks the terms and conditions of this agreement, or any other regulation, law, or rule, Pushex has the right to completely terminate the established agreement immediately.
The following websites do not qualify or are not accepted by Pushex to use the provided services of notifications.
a) Adult Websites (Any sort of porn, sites with adult advertisements)
b) Pharmaceutical (Cheap medications, Viagra, male/female enhancers, etc.)
c) Hate, Link Farms, or Spam Sites.
If any of the content is discovered on your website, your account will be immediately deleted from our records.
During the usage of service, Pushex accepts to:
- Execute the services to the maximum capacity, and with the level of care, steadiness, and expertisethat a rationally judicious individual would practice in equivalent conditions.
- Coordinate with the client through the client’s manager, on issues related to the utilization ofthe service, and/or finding and resolving errors in the service. This does mean that Pushex will provide training services for the client.
- Will send an invoice to the client regarding the terms and conditions of this agreement, and areceipt of all the services that were provided to the client.
- Follow the customer’s reasonable requests about the disposition of his/her information and supplieson the termination of any order form.
- Attempts to resolve errors that the client has noticed
Pushex guarantees that we will, at our (reasonable) expense, attempt to correct any issue forwhich was created directly and solely by us, given that the necessary information needed to resolve the issue was provided to Pushex, or with the discretion of Pushex, provide the client with the funds that would have been required to resolve the issue. This type of fund compensation will only be applicable if the malfunctioning of the software or system created the issue, or if one of the personnel representing Pushex created it. The client must inform Pushex about the issue within 30 days of receiving the invoice of a purchase, if they wish that Pushex corrected that issue, or would like to receive the service funds.
The client is in agreement with the following:
a) Providing all the required information, necessary forms, or any other materials/ informationPushex on time, or in a timely manner in order for Pushex to be eligible to begin providing the services.
b) Guaranteeing precision, intelligibility, and fulfillment of all information provided toPushex. Outcomes from utilizing the services provided by Pushex are the sole responsibility of the client.
c) Discuss with Pushex through a manager that the client will elect, on issues identified withthe Services, and permit the manager to take actions on behalf of the client regarding the terms and conditions of this agreement.
d) The client will be responsible for the use of all account information, as well as the enduser’s data regarding the services.
Client Representations: The client ensures and demonstrates to Pushex that:
a) The data that the client has provided during registration, and in order to create the account is accurate and liable.
c) The Service will not be utilized to send or get any message, which is hostile on moral,religious, racial, or political grounds or of a harsh, disgusting, spam, indecent, defamatory, or threatening nature, which damages intellectual property rights of a third party or is intended to transmit any virus, malware, etc.
d) Utilizing the Services, Customer will not gather and/or store any data, which can be perceivedby Pushex personally identifiable data. The data that information that was part of the data protection agreement, if there was one signed by the client, does not come into account. If the client requires that we store personal information, it is necessary that it is hashed and encrypted on the client’s end.
I. Introductory Term
- The first subscription term will begin immediately on the date of the client’s subscription, and will endonce the period of the selected term expires.
II. Renewal of a Term
- The paid subscription will be automatically renewed at the end of the previous term, for the period thatwas previously selected, unless one of Pushex’s personnel writes a notice about not renewing, or the client no longer wishes to continue. The notice for non-renewal must be sent at least 15 days before the end of the current subscription term.
III. If the Client No Longer Wishes to Continue
- The client may end this Agreement before the finish of the Term without any obligation (aside from thefees for the provision of services up to current date) in the event that Pushex:
a) Does not provide the services that were agreed upon, the lack of services inflicts substantial harm tothe client, and Pushex does not resolve the issue within 10 days of receiving the notice. The notice written by the client must include clear details describing the issue.
b) Substantially damages some other arrangement of this Agreement and fails to resolve the issue within 30
In the event that the agreement is terminated according to this Section, Pushex will refund the fees paidfor the services that were not yet performed.
IV. If the subscription is terminated/suspended by Pushex:
Without any obligations, Pushex can terminate or suspend the subscription, before the end of the term, in the event of:
- The client’s payments of any amount are overdue. The client receives a 30 days’ notice, at the end ofwhich the account is terminated if the requirements are not met.
- If the client substantially violates any of the agreed upon terms and conditions, Pushex will send a 10days’ notice, describing clearly the issue that was created. If the client fails to resolve the issue, the account will be terminated.
- If the client becomes insolvent or bankrupt, Pushex will send a written notice and terminate the account immediately
While the account is suspended, the client will not have access to any of the previously provided services.In the event that it is necessary to suspend the client’s account, Pushex will send a written notice to the client in advance, unless otherwise directed by a governmental agency or any sort of law enforcement.
- Pushex can store the account of a client, that was suspended for one of the reasons presented above, fora maximum of one year. After the time period expires, all the stored information relating the client will be deleted from Pushex’s database. However, if the client presents a special request about the resumption of services before the expiration time, Pushex may prolong the suspension period and store the information for a longer specified period.
- The client agrees, that in case of termination of the account, the client still will have to pay the feesowed to Pushex according to this agreement, as they will not be dropped or deferred. All the client’s information that is stored by Pushex will inevitably be deleted between 45 to 90 days after the day of the termination of the account. If the client wishes to salvage any data from his/her account, they must do it themselves before the termination.
The charges put forward in the order form that was created by the customer, are effective starting from theintroductory term, and with every following term from this agreement. Pushex must revise the fees during the first 30 days after receiving a written notice from the client. If the client is not content with the revision of the fee, the client is eligible to terminate the agreement at any time within the period of the first 30 days after a written notice. The termination notice must be sent within the first 30 days after the increase of the fee.
b) Billing and Payment Arrangements
Pushex will charge the client on a yearly/monthly/quarterly/half-yearly or another period that was agreedupon. If the client agrees on a plan of recurring fees, Pushex will not be eligible to refund the fees, downgrade the plan, upgrade the plan, or remove any of the features of the plan. All of the payments are concrete and accepted by the client, unless they wish to differ the plan BEFORE confirming the subscription. The client, at all times, must provide contact information and billing information for that administrative control panel.
c) Payments with Credit Card/Wire Transfer/Check
In the event that the client is paying with a credit card, the client should always give and keep currentand up-to-date client’s contact, credit card, and billing information to the administrative control panel. The client gives permission to Pushex to charge the client’s credit card or bank account, with all the necessary fees at the beginning of the introductory term, and all the following subscription terms, including upgrades. The client additionally grants Pushex permission to perform payments through a third party, and consents to the exposure of payment information to the mentioned third party.
The client agrees that no applicable taxes or government levies are included in the fees that are chargedunder this agreement. The client will perform the payment of applicable taxes within an acceptable amount of time.
At any time, Pushex may update, alter, fix, or add on to the terms and conditions that are provided in thisagreement. Pushex will make reasonable attempts to inform the clients ahead of time before any sort alteration is made to the terms and conditions. It is the client’s responsibility to look over any sort of modification of the terms and conditions on the following page: https://Pushex.com/terms-conditions. If the client does not agree with one or many alterations of the terms and conditions, they are eligible to terminate the agreement following the directions provided in Clause 7. Once the notice period has passed, and the client did not take any actions, it means that they have read and accepted the new changes made in the terms and conditions.
a) The client agrees to use the services that were provided by Pushex at the at the client’s own personalrisk. Pushex and all of its personnel, including managers, affiliate, employees, agents, partners, etc., disclaim warranties of any sort. The client therefore agrees that the terms and conditions of this agreement will not be changed or modified based on the client’s utilization, way of marketing, or performance under this agreement.
b) Pushex and its personnel will not be held responsible for any accidental, incidental, indirect, orconsequential damages, such as damages from lost profits, interruption of business, sudden absence of programs and/or information, etc. Pushex and its personnel will not be held responsible for issue that were created from the inability to follow or work under the instructions of the services. Pushex and its personnel will not be held responsible for issues such as mistakes, sudden absence of files and/or information, errors, defects, transmission, and delay in operation, regardless of whether Pushex has been informed about such issues or their possible occurrence.
c) The client is completely responsible for the information and data that they have given to Pushex, orstored on their network. The client is completely responsible for all the actions that have been/are performed with the guidance of the provided services by Pushex.
d) Apart from anything contradicting the statements in this agreement, Pushex’s cumulative responsibilityrelated to the agreement, whether it was created from the contract, negligence, or any other possible reason, will not be greater than the amount paid by the client under the agreement in the past 12 months.
a) Responsibilities and Ownership of Intellectual Property Rights
If a party or an individual owns any Intellectual Property Rights, including any Software, the license orcontract will continue to be owned by the party or individual after the day of the agreement. As clearly stated in this agreement, the opposing party will not acquire any right, title, or interest in the stated Intellectual Property Rights. All rights, titles, and/or interest in, to any item developed or created by Pushex, will be owned by Pushex for the internal use, or in order to help the client with providing services. The client will own all rights, titles, and interest in, to any Intellectual Property Rights produced by or based on the work product developed or created solely for the client under this agreement, if the client covers all the expenses.
b) Rights for the utilization of the logo
The client consents to allow Pushex utilize the client’s organization’s/company’s logo in Pushex’s clientlist and other location on Pushex’s website, as well as for promotional purposes. The right to use the logo will remain even after the termination or suspension of this agreement.
c) Permit of Customer Software and Intellectual Property:
In exchange for the provided services by Pushex, during the term, the client accepts to grant Pushex alicense to use any Intellectual Property Rights, including any software or material, that is owned by, or given to the client by a third party, that is necessary for the provision of services and performance of the client’s obligations under this agreement. The client warrants that any Intellectual Property Rights or software provided to Pushex:
- Is owned by the client, whether it be the Intellectual Property Rights or Software
- The owner of the Intellectual Property Rights or Software gave the client permission to include it in the agreement.
- Pushex has the rights to use the Intellectual Property Rights or Software throughout the term, in orderto provide the services to the client under this agreement.
d) No Assurance of Compatibility
The client accepts and recognizes that Pushex does not imply, guarantee, or assure the client that Pushex’sequipment will be compatible with the client’s equipment or software.
a) 12.1 Pushex will not utilize any of the client’s confidential information aside from relating to theperformance of the services or the activity of its rights under this agreement. Pushex will take all sensible precaution in order to secure the confidentiality of the client’s confidential information, and in order to protect the confidential information from unauthorized exposure. However, Pushex will not be held responsible for any inadvertent breaches of confidentiality.
b) Pushex will only expos thee client’s confidential information to its personnel and authorized agentsand/or subcontractors who require access and/or the confidential information in order to perform the provided services in this agreement. Apart from the contrary in this agreement, Pushex is not obligated to remain confidential, and is permitted to use any license with no limits, or anything related to the processing of information that were/will be developed by Pushex with the purpose of the provision of the services.
c) Apart the preceding, Pushex will be allowed to:
- Monitor the client's utilization of the provided services
- Report to the proper authorities about any conduct by the client (or the client's clients or end users)that Pushex believes violates any applicable law
- Give any information, including the client’s confidential information that is required by law orregulation to be exposed, or as a response to a formal or informal request from a government agency or a law enforcement.
- Disclose the client’s name to its different clients as a reference or as a major aspect of contextualanalysis and testimonials, that Pushex is providing the client with the services where Pushex considers it may fit.
Parties will indemnify, protect, and hold innocuous each other (and their personnel) of all claims (whichinclude claims from the third party) emerging because of, or in relation to any attempted breach of this agreement. The client will insure Pushex in connection to any actions conducted by the client through the provided services, or in general connection to the client’s products and/or services.
The agreement will be represented by and interpreted as per the laws of Malta. The client is in agreementwith the fact, that if any claim or suit is associated with this agreement, it will be conveyed to the exclusive jurisdiction and the venue of the courts of Malta. In any action to uphold this agreement, including, without impediment, any action by Pushex for the recuperation of the charges provided the client will pay reasonable attorney's' charges and expenses regarding such action.
If any at least one of the arrangements contained in this agreement, for any reason, be held to be invalid,illicit, or unenforceable in any regard, such shortcoming, wrongdoing, or unenforceability will not influence any of alternate arrangements of this agreement,. This agreement will be interpreted as though such provision(s) have never been part of this agreement, given that such provision(s) will be shortened, restricted, or disposed of only to the degree important to remove the deficiency, lawlessness, or unenforceability.
Any waiver by Pushex about the client breaking any clause of this agreement will be considered a waiver ofbreaching the stated agreement. The waivers of any form will be ineffective until there is an existing signature, in writing form, on the behalf of both parties on the waiver.
Neither one of the parties may relegate or exchange this agreement nor any rights or commitments stated inthis agreement in its entirety or to some extent, unless there is a written consent previously presented on the behalf of the other party. Given that, Pushex may assign to relegate or exchange this agreement, or any rights or commitments, in its entirety or to some degree:
- To a partner of Pushex
- Regarding a merger, incorporation, or sale of all or most of the business of Pushex
- With the intent of financing, securitization or other comparable purposes.
An alternation of responsibility of the client will be considered a task and/ or transfer, and will beadministered by the requirements of this arrangement. The terms and conditions alongside privacy policies with all references, constitute the full agreement as presented above, and supersedes all the previous terms and conditions that were accepted by the client.