This is a legal document between you and Ardaco, a.s. and you, with it being generally understood, that you are agreeing to these Terms and Conditions ("Terms") contained in this End User Licence Agreement ("Agreement"). Please read these Terms carefully before using Silentel Enterprise system (the "System") or Silentel Hosted Services (the "Services") (System and Services together referred to as "Product") provided by Ardaco, a.s. or its subsidiary ("Ardaco", "us", "we", or "our").

Your access to and use of our System or Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the System or Services.

How to order System or Services

You may order our System or Services by written order via e-mail, our website or by letter. Your order shall include at least your invoice details, specification of the ordered System or Services and your contact. You may be asked to supply additional information relevant to the completion of your order.

The order shall be considered legally binding and the particular contract concluded after the written acceptance of the order by Ardaco.

Silentel Enterprise (System)

Delivery

The System shall be delivered in electronic form. Hardware and physical parts of the System shall be delivered by postal service in time mutually agreed, both on the address as stipulated in the order.

Purchase price

Ardaco is entitled to ask for an advance payment up to 100% of the purchase price of the System before the delivery.

License

Ardaco grants the non-exclusive, non-transferable license to use the System in accordance with the purpose of the software and subject to and in accordance with our Terms.

Perpetual (time-unlimited) license

Perpetual license allows to use the System for indefinite time period.

Each perpetual license includes Silentel Assurance 12+ (see below) valid for the first 12 months from license’s purchase.

Silentel Enterprise – Assurance 12+

Assurance 12+ guarantees the availability of all latest versions updates and provides complex maintenance for Silentel system.

Assurance 12+ is not mandatory, although highly recommended.

Assurance 12+ is already part of license price for the first 12 months, so Assurance 12+ is due and billed always at the beginning of each year, starting with 2nd year.

Silentel Enterprise – Version Upgrade

Version Upgrade can be purchased for each existing Silentel Enterprise license, if Assurance 12+ has expired.

Version Upgrade includes Assurance 12+ as defined above valid for 12 months from Version update purchase.

Time-limited license

Time-limited license allows to use the System for limited time period.

Time-limited license guarantees the availability of all latest versions updates and provides complex maintenance for Silentel system for period limited by license validity.

Silentel Hosted services (Services)

Subscription

Services are time-limited and without further commitment (unless otherwise agreed in order).

Subscription based on End-user order for defined time period should be fully paid in advance.

Ardaco provides Services for ordered number of Users. Subscription starts on next day after delivery of Users credentials to End-user. Credentials shall be delivered in electronic form.

Availability

Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

We will always inform about Services unavailability in advance if it’s possible given the circumstances. The interruption of Services does not entitle the End-user for any financial compensation.

Termination

Subscription expires, and users accounts are terminated after last day of subscription period if the subscription is not extended for another period.

Modification

Ardaco may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others.

User content

Silentel users may create, send, upload, and/or contribute content to the Service (which may include, for example, text messages, pictures, audio or video records, files, and/or other types of content) ("User Content").

You are solely responsible for all User content that you create. We’re not responsible for User Content nor does it endorse any opinion contained in any User Content.

Warranty

Ardaco warrants that, for a period of twelve (12) months from the date of Product delivery, the System hereunder will perform substantially in accordance with the purpose of the software and subject to and in accordance with our Terms.

The above warranty will not apply, if:

1. The System is not used or installed in accordance with the Product and software user manual by Ardaco
2. The System is not working properly as a result of a combination of effects of hardware, software and malware
3. Unauthorized changes or other interferences or modifications are made to the System or any part thereof has been modified by other entity than Ardaco
4. The defect is caused by physical, mechanical or chemical aspects after the transfer of the danger of damage to the End-User and is not caused by Ardaco
5. The defect is caused by abnormal usage of the material
6. The defect is caused by a software virus
7. The Product is used with a new type of hardware, which were not supported by the System at the time of delivery

The warranty hereunder does also not include the responsibility for functionality of the connection software or hardware products not supplied by Ardaco.

Ardaco makes no warranty, representation or guarantee that the operation of the System will be fail-safe, uninterrupted, or free from errors or defects or that the System will be protected against all possible threats. Ardaco makes no warranty for possible data loss, it is strongly recommended before each update of the System to do back up of the whole System.

Ardaco makes no warranty that System will comply with all available devices with no fail, interruptions or other defects. For the avoidance of doubt, the System is considered as free of errors and defect, if 90% of devices with installed System is working correctly (as defined in Product and Software user manual).

By any claim under the warranty of the End-user, Ardaco shall be entitled to select to remedy or the manner of fixing the defect. Ardaco shall be obliged to fix claimed defects in the time period stipulated by, or Ardaco shall be entitled to grant the End-user a discount from the purchase price. The End-user shall be entitled to terminate the Agreement only if Ardaco notifies him that the defect cannot be fixed and that no discount is to be granted.

If the defect is claimed in the warranty period and fixed, the End-user shall not be entitled to any other reimbursement of loss or damages incurred in relation with the defect claimed.

Technical support

Ardaco provides technical support via e-mail address support@ardaco.com.

The request for technical support shall contain all information and data under which the problem may be replicated. If necessary, the User shall provide Ardaco with all necessary assistance needed to solve the reported problem.

Ardaco reserves the right to reject the request for technical support if the requirements as aforesaid will not be met.

Ardaco shall provide Technical support on working days between 9:00 to 17:00 (UTC/GMT +1). All requests for technical support delivered after working hours shall be considered as delivered on the following business day. Business day means each day except Saturday, Sunday and bank holiday in the Slovak Republic.

Intellectual Property

Ardaco owns all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our System and Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.

Limitation of liability

Ardaco shall not be liable for any loss or damage caused by any unauthorized or incorrect use of the software violating the documentation or manual, or for the loss caused by operation of the software in the contrary of its purpose or applicable laws. Ardaco also shall not be liable for the loss or damage of data used by the End-user by using the Product.

Ardaco shall be liable for damage incurred to the End-user under the applicable laws only if such damage has been caused by intention or negligence of Ardaco and exclusively to the extent and the amount of the payment paid by the End-user to Ardaco upon the Agreement during the previous six (6) months prior to the damage, as the Parties have agreed on such a limitation representing the extent of the damage foreseeable consequence of the violation of the obligation of Ardaco as of the time of the Agreement. Loss of profit and damage exceeding the limitation under previous sentence shall not be reimbursed.

Updates to these Terms

We will notify you before we make changes to these Terms and give you the opportunity to review the revised Terms and Conditions before you choose to continue using our Product.

Governing Law

These Terms and Conditions shall be governed by, construed and interpreted in accordance with the laws of the Slovak Republic.

Contact Us

If you have any questions about these Terms and Conditions, please contact us.

Ardaco, a.s.
Polianky 5
841 01 Bratislava
Slovak Republic

Tel.: +421 2 3221 2311
Fax:  +421 2 3221 2312
info@ardaco.com