1.1 The website offers you the possibility to subscribe to Brix Licence.
1.2 The purpose of the hereby Terms and conditions is to define the contractual and commercial relationship between Nova ICT, on one hand, and any subscriber.
1.3 These terms and conditions shall govern your use of our website and the services on our website.
1.4 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.5 If you register with our website, we will ask you to expressly agree to these terms and conditions.
1.6 Our website services are designed for business customers only. You must not use our website services except in the course of business.
1.7 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2.1 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.1 You may only use our website for your own business or organisational purposes, and you must not use our website for any other purposes.
3.2 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; or
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
4.1 To be eligible for an account on our website under this Section 4, you must be a legal entity or a natural person registered for customs purposes (have EORI number).
4.2 If you register for an account with our website, you will be asked to enter your E-mail address and choose a password.
4.3 You must keep your password confidential.
4.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
4.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
4.6 We may:
(a) suspend your account; and/or
(b) cancel your account, at any time in our sole discretion without notice or explanation.
4.7 You may cancel your account on our website by sending to us a written cancellation request.
5.1 You can install Brix Licence as the single-user license on a personal computer or laptop that meets Minimum and Recommended System Requirements.
5.2 Brix Licence is subject to End-user license agreement (EULA), and we will ask you to agree to the terms of that document each time you make a purchase on our website.
5.3 Use of the Brix Licence is on a monthly subscription basis. The Brix Licence is activated when the subscription is confirmed.
6.1 The Brix Licence Subscription fee exclusive of applicable value added taxes is listed on the site.
6.2 It is possible that fees on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
6.3 You must pay the Subscription fee for Brix Licence in advance.
6.4 You can pay a Subscription fee each month via:
(a) credit card with automatic e-payments or in the non-repetitive method of payment; or
(b) bank transfer according to the proforma invoice; in accordance with any instructions on our website.
6.5 For
secure acceptance, processing and payment management for cards we use the
service of the Payment service provider Corvus Info (and)/or Braintree.
The information you enter into the payments process to a Payment service
provider is not available to us.
6.6 We
may vary prices from time to time by posting new fees on our website, but this
will not affect fees that have been previously paid.
In case you choose automatic e-payment, you will be informed by mail or another
reasonable manner 30 days before changed fee takes place.
If you do not agree to the fee change, you must terminate Subscription before
the fee change takes effect.
6.7 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
6.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
7.1 Within 14 days from subscription starting date on your emailed request, without giving any reason, you can unilaterally terminate the subscription; in that case, you will be entitled to refund for the period from the date of termination until end of the month.
7.2 In order to terminate automatic e-payment subscription, you must notify us through your account by clicking 'Terminate my subscription'. The termination will be effective at the end date of the current subscription date.
7.3 We may suspend your Subscription immediately by giving written notice to you if:
(a) any amount due to be paid by you is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and
(b) we have given to you at least 7 days' emailed notice, following the failure to pay, of our intention to suspend the Subscription in accordance with this Clause 5.7.
8.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
8.2 To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
9.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.8 You accept that we have an interest in limiting the personal liability of our employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our employees).
10.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
10.2 We have no control over third party websites and their contents, and subject to Section 9.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
11.1 We may revise these terms and conditions from time to time.
11.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
11.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions.
12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
12.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14.1 Subject to Section 9.1, these Terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website.
15.1 These terms and conditions shall be governed by and construed in accordance with Croatian law.
15.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Croatia.
16.1 This website is Online shop owned and operated by Nova ICT LLC.
16.2 We
are registered in Croatia at the Commercial court in Zagreb under registration
number (MBS) 080201425, Company equity 20.000 kn, VAT ID HR04878823192;
The account at OTP banka d.d.; IBAN: HR4324070001100664099;
Members of the Board are Tomislav Ramljak and Zoran Peručić;
Phone +385 (1) 4550 811, E-mail: nova@nova.hr.
16.3 Our principal place of business and registered office is at Ulica grada Vukovara 271, 1000 Zagreb, Croatia.
Please read this EULA carefully, as it sets out the basis upon which we license the Subscription based Software for use.
By clicking "accept agreement", you agree to be bound by the provisions of this EULA.
By agreeing to be bound by this EULA, you further agree that any person you authorise to use the Software will comply with the provision of this EULA.
1.1 Except to the extent expressly provided otherwise, in this EULA:
"Cloud Database" means database service that is built, deployed and delivered through a Microsoft Azure cloud platform, available to the User via the Internet;
"Documentation" means the documentation and instructions for the Software produced by the Licensor and delivered or made available by the Licensor to the User;
"Effective Date" means the date upon which the User gives the User's express consent to this EULA, following the issue of this EULA by the Licensor;
"EULA" means this end user licence agreement, including any amendments to this end user licence agreement from time to time;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the Internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights);
"Licensor" means Nova ICT LLC., Ulica Grada Vukovara 271/VI. , 10000 Zagreb, Croatia;
"Maintenance Services" means the supply to the User with Updates and Upgrades as they are released, daily current Trade Tariff, HMRC exchange rates and Codelists;
"Read Only Mode" means that the User has access to all produced documents but has no ability to produce new ones, nor does any Maintenance or Support Services available;
"Services" means any services that the Licensor provides to the User, or has an obligation to provide to the User, under this EULA;
"Software" means Brix;
"Software Defect" means a defect, error or bug in the Software having a material adverse effect on the appearance, operation, functionality or performance of the Software, but excluding any defect, error or bug caused by or arising as a result of:
(a) any act or omission of any person authorised by the User to use the Software;
(b) a failure of the User to perform or observe any of its obligations in this EULA; and/or
(c) an incompatibility between the Software and any other system, network, application, program, hardware;
"Subscription Based Software" means monthly or annual licensing model, allowing users to pay a per user fee; the User is entitled to use the Software only during the subscription term;
"Subscription fee" means amount that the parties have agreed in writing shall be payable by the Userto the Licensor in respect of this EULA;
"Support Services" means support delivered via telephone and online via remote support tool TeamViewer in relation to the software configuration and installation assistance, use of the Software and the identification and resolution of errors in the Software, but shall not include the provision of training services whether in relation to the Software or otherwise;
"Term" means the term of this EULA, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;
"Update" means a hotfix, patch or minor version update to the Software, current reference codes and Trade Tariff data;
"Upgrade" means a major version upgrade of the Software;
"User" means the legal or natural person to whom the Licensor grants a right to use the Software under this EULA.
"User Confidential Information" means
(a) any information disclosed by or on behalf of the User to the Licensor during the Term (whether disclosed in writing, orally or otherwise) that at the time of disclosure:
(i) was marked or described as "confidential"; or
(ii) should have been reasonably understood by the Provider to be confidential; and
(b) the User Data.
"User Data" means all data, works and materials: uploaded to or stored on the Cloud database by the User; transmitted by the Platform at the instigation of the Customer.
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force until ends the period of subscription, upon which this EULA shall terminate automatically, subject to termination in accordance with Clause 12 or any other provision of this EULA.
3.1 The Licensor hereby grants to the User from the date of purchasing the Software until the end of the Term a licence to:
(a) install the Software; and
(b) use the Software in accordance with the Documentation,
subject to the limitations and prohibitions set out and referred to in this Clause 3.
3.2 Save to the extent expressly permitted by this EULA or required by applicable law on a non-excludable basis, any licence granted under this Clause 3 shall be subject to the following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, supply, publish, distribute or redistribute the Software;
(b) the User must not alter, edit or adapt the Software; and
(c) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Software.
4.1 The Licensor shall provide the Maintenance Services to the User during the Term.
4.2 The Licensor shall provide the Maintenance Services in accordance with the standards of skill and care reasonably expected from a leading service provider in the Licensor's industry.
4.3 The Licensor warrants to the User that the application of Updates and Upgrades to the Software by the Licensor will not introduce any Software Defects into the Software.
4.4 The Licensor warrants to the User that the application of Updates and Upgrades to the Software by the User in accordance with the instructions of the Licensor will not introduce any Software Defects into the Software.
4.5 The User is responsible for its own internet access. The User's internet connection must meet the Minimum and Recommended System Requirements.
5.1 The Licensor shall provide the Support Services to the User during the Term.
5.2 The Licensor shall provide the Support Services with reasonable skill and care.
5.3 The User is responsible for ensuring that a person authorized by the User to use the Software has the necessary business expertise and computer skills to use the software functionality.
5.4 If the User disallows remote desktop access (by a TeamViewer) to their internal network computers by default, temporary exclusion for a TeamViewer remote desktop access may be necessary and permitted by the User.Otherwise, support that will be provided by other means can not guarantee identification and resolution of errors in the Software.
5.5 Support Service is available on weekdays 9:00 a.m. to 5 p.m. (GMT). Support is also available outside working time but is charged separately. Phone: +44 020 3992 7867, E-mail: support@brix.app.
6.1 The
Licensor commits to:
(a) keep the User Confidential Information strictly confidential;
(b) not disclose the User Confidential Information to any person without the User's prior written consent;
(c) use the same degree of care to protect the confidentiality of the User Confidential Information as the Licensor uses to protect the Licensor's own confidential information of a similar nature, being at least a reasonable degree of care;
6.2 Notwithstanding Clause 6.1, the Licensor may disclose the User Confidential Information to the Licensor's employees who have a need to access the User Confidential Information for the performance of their work with respect to this Agreement and who are bound by a written professional obligation to protect the confidentiality of the User Confidential Information.
6.3 The restrictions in this Clause 6 do not apply to the extent that any User Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request.
7.1 Nothing in this EULA shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User, or from the User to the Licensor.
8.1 The User shall pay the Subscription fee to the Licensor in advance in accordance with Terms of use.
9.1 The Licensor warrants to the User that:
(a) the Software as provided will conform in all respects with the 'UK Trade Tariff: volume 3 for CDS' and CDS Software Developer Technical Documentation;
(b) the Cloud Database is available constantly (24/7/365); in terms of the percentage, guaranteed availability is the one obtained from Microsoft Azure;
(c) the database backup is automatically created every 5 minutes;
(d) the Software will be supplied free from viruses, worms, Trojan horses, ransomware, spyware, adware and other malicious software programs; and
(e) the Software shall incorporate security features reflecting the requirements of good industry practice.
10.1 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be wholly free from defects, errors and bugs.
10.2 The User acknowledges that the Licensor will not provide any legal, financial, accountancy or taxation advice under this EULA or in relation to the Software; and, except to the extent expressly provided otherwise in this EULA, the Licensor does not warrant or represent that the Software or the use of the Software by the User will not give rise to any legal liability on the part of the User or any other person.
11.1 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
11.2 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
11.3 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
11.4 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
12.1 Either party may terminate this EULA immediately by giving written notice of termination to the other party if:
(a) the other party commits any material breach of this EULA, and the breach is not remediable.
13.1 Except to the extent that this EULA expressly provides otherwise, the termination of this EULA shall not affect the accrued rights of either party.
13.2 For the avoidance of doubt, the licences of the Software in this EULA shall terminate upon the termination of this EULA; and, accordingly, the User will be able to use the Software in the 'Read Only Mode' after the termination of this EULA.
13.3 If the User submits a written request, the Licensor undertakes to migrate data from the cloud to the computer(s) appointed by the User within 30 days without a special fee.
13.4 Licensor will archive Users data in a long-term archive for a period of 6 years. During the archiving period, if so requested in writing Licensor can provide the User with a copy of archived data with a separate fee.
14.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
14.2 This EULA may not be varied except by a written document signed by or on behalf of each of the parties.
14.3 This EULA shall be governed by and construed in accordance with Croatian and English law.
14.4 The courts of Croatia shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
Your privacy is important to Nova ICT d.o.o. This Privacy Policy covers what we collect and how we use, store, transfer and protect your information.
When you give your consent and register for an account on our site, place an order, subscribe to our newsletter or respond to a survey, basic contact details are collected such as the e-mail address and your name. When you are representing your company, following details will be collected: company name, address, phone number, VAT number, preferred language and currency, any purchase order number, any e-mail address of invoice receivers and masked credit card or bank account details.
We collect and store information about you to process your order, manage your account and, if you agree, to email you about other products and services we think may be of interest to you.
We use your information to personalize your experience, to enable secure login to our website, and to assist you with the resolution of technical support issues or other issues related to our service.
Nova ICT d.o.o.will not sell, exchange, transfer or give your information to any other company.
We will store provided information permanently or for legally mandatory period.
You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please contact us at privatnost@nova.hr. We may charge a small fee for this service.
You have the right at any time to stop us from contacting you for marketing purposes. If you no longer wish to be contacted for marketing purposes, please contact us at privatnost@nova.hr.
We want to make sure that your personal information is accurate and up to date. You have the right to ask us to correct or remove information about you if anything is inaccurate.
You have the right to request for your personal informations to be deleted if the personal informations are no longer necessary in relation to the purposes for which they were collected or otherwise processed if you withdraw your consent on which the processing is based and where there is no other legal ground for the processing.
See NOVA ICT’s Cookie Declaration here for information on the cookies we use.
We may include or offer third party products or services on our website, such as Google Analytics for tracking visits on our Website and Braintree for payment. These third party sites have separate independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked websites. Nonetheless, we seek to protect the integrity of our website and welcome any feedback about these websites.
NOVA ICT implements technical, physical and organizational measures to maintain the safety of your personal information against accidental or unlawful destruction or accidental loss, alteration, unauthorized use, unauthorized modification, disclosure or access and against all other unlawful forms of processing.
We keep our Privacy Policy under regular review and we will place any updates on this website. This Privacy Policy was last updated on 15.05.2018.
If you have any questions regarding our Privacy Policy or information we hold about you, please contact us at privatnost@nova.hr
or
NOVA ICT d.o.o.
Ulica grada Vukovara 217, HR - 10 000 Zagreb
In case of dissatisfaction with our Privacy Policy and your rights, you may contact the supervisory body for regulation of personal information protection in Croatia - AZOP.
This website uses cookies. We use cookies to remember users’ settings as well as for authentication and analytics of the traffic. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Sites, but your ability to use some features or areas of our Sites may be limited. We also share information about your use of our site with analytics partners (Google Analytics) who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. You consent to our cookies if you continue to use this website.
Cookies are small text files that can be used by websites to make a user's experience more efficient.
The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies, we need your permission.
This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages.
Your consent applies to the following domains: brix.uk.net, brix.app