The Ollico Terms and Conditions apply to all services provided by Ollico Software Limited, hereafter referred to as "Ollico".
Read these Terms and Conditions carefully. They define your legal rights and obligations towards Ollico Software.
These Terms and Conditions may be revised or updated without notice. Therefore we advise you to review these Terms and Conditions regularly. The latest version of the Terms and Conditions is always available on the Website.
At every registration point (hereafter the "Registration") you will be asked to confirm that you have read these Terms and Conditions and that you agree to their content as binding. Your Registration in order to get an account and each use of a service, involves automatically the knowledge and the approval of these Terms and Conditions.
In addition to terms which are defined in these Terms and Conditions, the following terms are defined for purposes of these Terms and Conditions:
1.1. Terms and Conditions – The present Terms and Conditions, so far as the End User confirms to have read the Terms and Conditions and agree to their content as binding.
1.2. Confidential Information – The term "Confidential Information" means information which has been or which may be disclosed, either orally or in writing, by one party (the "Provider") to the other party (the "Recipient") in confidence or marked "Confidential", including, without limitation, information concerning any aspect of the business of the Provider or its parent, financial statements, business and marketing plans, pending or threatened litigation, prospective contractual relations, collection, tabulation and analysis of data, computer programming methods, designs, specifications, plans, drawings and similar materials, programs, databases, inventions (whether or not eligible for legal protection under patent, trademark, or copyright laws), research and development, and/or work in progress. Confidential Information also includes any document marked "Confidential". Notwithstanding the foregoing, Confidential Information does not include any information which: (a) is or was in the public domain at the time communicated to the Recipient, or which becomes public through no fault of the Recipient; (b) is or was obtained by the Recipient, with permission to disclose, from a third party not, to the Recipient's knowledge, subject to a contractual, fiduciary or other duty not to disclose; (c) has been independently derived by the Recipient without reference to Confidential Information; or (d) was lawfully in the Recipient's possession free of any duty to the Provider before the date of disclosure to the Recipient by the Provider.
1.3. End User – Any person or company which has entered into these Terms and Conditions with Ollico to obtain a service offered by them, including an end user license and/or limited right of use to the Product as specified on https://www.ollicosoftware.com.
1.4. Fees – The amounts to be paid by the Licensee to Ollico in return for the right to use the Software, Services and/or Support under the conditions provided in these Terms and Conditions.
1.5. License - The right obtained under the present Terms and Conditions to use the Software under the conditions set out in the present Terms and Conditions.
1.6. Product - The software program, in object code format, listed and described on https://www.ollicosoftware.com, including all present and future bug fixes, corrections, updates, upgrades, modifications, new features or functionalities and Documentation.
1.7. Services – The installation of the Software, integration of the system and Support to End Users as described on https://www.ollicosoftware.com.
1.8. Software – The specific Ollico software programs and/or upgrades thereof and the maintenance Terms and Conditions related to these software programs.
1.9. Support – Ollico's technical and product support for the Product as further described in Article 6 of the present Terms and Conditions.
1.10. Trademark – Ollico's trademarks, trade names, company names, logo's, used to identify herself, its products and services.
1.11 Website- The Ollico website accessible through https://www.ollicosoftware.com.
2. Object Grant of License and Maintenance Terms and Conditions
2.1. By accepting the present Terms and Conditions and in return for the payment of the price, Ollico grants the Licensee a non-exclusive, non-transferable and temporary License to access and use the Software. The access and use of the Software is limited to the purpose and duration described in the present Terms and Conditions.
2.2. By the present Terms and Conditions Parties agree that, for the entire duration of the present Terms and Conditions and in complement to the License described under article 2.1. and in return for the payment of the price, Ollico will offer its Services on the Software under the conditions and limitations and in the manner and for the purpose described in the present Terms and Conditions and for the duration set out in the present Terms and Conditions.
2.3. The present Terms and Conditions constitute a direct binding agreement between Ollico and the Licensee, with the exclusion of any connection or tie to any third or intermediary party.
2.4. Nothing in these Terms and Conditions shall be construed so as to give rise to any joint venture, partnership or relationship of employer and employee. Either Party is an independent contractor solely responsible for its own obligations. Neither Party shall have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other Party.
3. Duration - Termination - Cancellation
3.1. Ollico may terminate this agreement at any time at its discretion upon notice to you, and limit, suspend, or remove you from continuing to use any service provided by Ollico at any time.
3.2. A Licensee can upgrade, downgrade or cancel the subscription for his team at any given time by contacting Ollico directly. The adjustment of the plan will take place at start of the Licensee's new subscription period. The subscription will expire at the end of the subscription period.
4. Conditions Subject of License
4.1. The Licensee does not have the right, to resell, rent out or sublicense the Software or to grant on premises licenses or rights of use in any form, nor does he has the right to transfer his License to third parties. By accepting the terms and conditions of the present Terms and Conditions, the Licensee accepts full liability and responsibility for any damage to Ollico induced by any illicit access, resale, rental, license or any other use of the Software by the Licensee.
Any reselling, renting out, sublicensing or any other way of making the Software available to third parties by the Licensee shall be considered as a serious breach of contract by the Licensee and shall give rise without prior written notice and without prior court intervention to a lump sum damage compensation due by the Licensee towards Ollico equal to the value of 3 times the total yearly fees paid by Licensee under the present Terms and Conditions. This also reserves the right for Ollico to terminate the present Terms and Conditions according to article 3.1. of these Terms and Conditions.
4.3. If the Licensee is a business or organization, the Licensee agrees that upon request by Ollico or a Ollico authorized representative and within 7 days, the Licensee shall fully document and certify, i.e. to support with evidence on a case by case basis, that its use of the Software at the time of the request is in conformity with the License granted by Ollico.
4.4. Except for the limited rights and license expressly granted hereunder, no other license is granted, no other use is permitted and Ollico (and its suppliers) shall retain all right, title and interest in and to the Software (and all patent rights, copyright rights, trade secret rights and all other intellectual property and proprietary rights embodied therein).
5. Updates and Support
5.1. Ollico may ensure such periodical updates for the Software and its functionalities as it deems required at its own discretion.
Ollico may update the Software without notifying you, and you hereby consent to Ollico applying patches, updates, and upgrades. Ollico may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Software at any time.
5.2. If the Licensee is experiencing technical problems with the Software or system, but in Ollico's sole judgment, the problem is caused by something other than the Software and not a direct responsibility of the working of the Software, Ollico cannot provide additional support to help remedy the problem, nor at standard service rates.
If it is unclear at the time of appearance of the technical problem whether the cause is external, Ollico will work with the Licensee to determine the cause. Once it has been established that the cause is indeed external, the Licensee becomes responsible for further escalation.
5.3. Ollico shall provide Support for the Software to the Licensee for the entire duration of these Terms and Conditions. These Support services shall only apply to the use of the Software as available on the Platform at any given moment.
Ollico supports the Licensee with assistance in solving problems arising from the use of the Software, hardware interfacing of peripheral devices and logging of enhancement requests and bugs submitted by the Licensee.
5.5. All Support under the present Terms and Conditions is limited to the duration of these Terms and Conditions.
6. General Terms of Payment
6.1. All invoices, with monthly or annual subscription fees, will be sent as a PDF and are automatically charged at the start of each billing period. Payments have to be completed with credit card, unless alternative payment methods have been agreed in writing.
6.2. In order to be valid, all protests regarding subscription fees must be submitted immediately by email.
6.3. All delivered goods, including software licenses, user accounts and passwords, shall remain Ollico's property until full payment of all invoices.
6.4. Ollico reserves the right to suspend performance of these Terms and Conditions in the event of non-payment of subscription fees or failure to provide valid credit card details.
7. Intellectual Property and data processing
7.1. The Software is licensed, not sold to the Licensee. The Licensee does not obtain any property right on the Software. At all times, Ollico remains the exclusive owner of the Software, as well as the exclusive holder of all copyrights and other intellectual property rights on this Software. Its code, structure and organisation are valuable trade secrets of Ollico and its suppliers which are protected by UK copyright laws and international treaties.
7.2. Ollico may, to the extent that personal data in the sense of the General Data Protection Regulation is processed, be considered to be a data processor for the Licensee, who acts as a Data controller. In such case, Ollico will only process the personal data provided by the Licensee and only for the purpose for which it is provided by the Licensee. Ollico guarantees that it fully complies to all obligations under the General Data Protection Regulation, both in relation to its obligations as a processor towards Licensee and in general. It guarantees that it has taken all reasonable technical and organisation precautions to ensure safe data processing and that it shall comply to all obligations towards Licensee as described in the General Data Protection Regulation. All data is processed within the European Union.
8. Force Majeure
8.1. Neither Party shall be liable for failure or delay on its part in performance of any of its obligations or for any loss, charge or damage suffered by the other Party if such fact shall be the result of or arising out of circumstances of Force Majeure character such as fire, natural disaster, intervention by public authorities or any other cause beyond the control of the signatories; and if such fact has been notified in writing by the signatory claiming Force Majeure promptly to the other upon occurrence.