the card of the digital controlling device (a digital tachograph) for recording hours of work and the time of rest of the driver (the digital tachograph card of a company or the digital tachograph card of a driver);
User's account at Company's site on the Internet where Service is made available to User;
a legal entity (the owner of the digital tachograph card of a company) or a private person (the owner of the digital tachograph card of a driver), who has concluded Agreement with Company about provision of Service;
the remote upload and processing of information stored on Card and other services offered by Company;
Company in accordance with the terms of Agreement provides Services to User for a fee. Services are available on the Internet and are related to collection, processing, storage, analysis of User's Card data and preparation of reports based on it.
Before beginning to use Service User is required to register on Company's web site where Account is created. During registration User must provide his data. Account is protected by a user name and password, which User is prohibited from disclosing to third parties.
In his Account User may upload his Card data in the format determined by Company and receive respective reports about the data stored on Card and uploaded to the system.
2. Payment Procedure
The fee for Services is indicated on Company's web site. User shall pay for Services using one of the cashless payment options provided on the web site.
If User is an owner of a digital tachograph card of a driver, User shall make an advance payment for each upload. Upon payment User will be able to perform upload and receive a report. If User is an owner of a digital tachograph card of a company, User shall pay for Service on delivery, and the payment shall be calculated for each calendar month based on the number of private persons (drivers) in the respective calendar month, whose data has been uploaded in relation to User.
If User has registered his payment card with Account, Company is entitled to withdraw the fee from the payment card in the amount of the payment User is due to Company.
In case of payment on delivery Company shall send an electronically prepared invoice to the email address indicated by User. An electronically prepared invoice (without signature) is sufficient to make a payment. User shall pay according to invoice in course of 10 days after the day of dispatch of the invoice at the latest.
Service fee is indicated on Company's web site and Company shall have the right to change the Service fee without any previous notice. Changes shall take effect from the moment of posting to Company's web site.
All payments shall be considered accomplished from the moment of their receipt by Company in its current account with a credit institution.
If User fails to pay the Service fee within the set term and in the indicated amount, Company shall be entitled to suspend provision of Service to User unilaterally and without any notice, including locking of User's Account.
3. Obligations of the Parties
Company shall have the right to revise, change, improve suspend for a short time Service, Account, the web site.
User has been informed and agrees that all actions performed on the web site using his user name and the password assigned to him are binding to User and shall be deemed performed by User.
Service is provided for information purposes, therefore Company shall bear no responsibility for any possible losses of any kind that have been or may be incurred as a result of provided Services, including any possible inaccuracies or errors.
Service includes technical solutions, and as a result instances may occur when availability of Services could be interrupted.
User on the basis of Agreement is hereby granted a non-exclusive and revocable licence to use the software. User and any other persons are prohibited from using the software in any other manner except as provided in Agreement without Company's written consent.
Company is entitled to limit the time of storage of User's data in Company's system unilaterally.
All intellectual property rights (including, but not limited to copyright, design right, trademarks etc.) with regard to Service, the software, Company's web site and information provided on it are owned solely by Company. In case of infringement on these rights the guilty party may be held accountable according to provisions of legislation and shall bear full responsibility for all losses that have been incurred or may be incurred by Company and/or third parties. User's data contained in Account belongs to User.
If User has any objections to the quality of Service, he must submit a respective application to Company containing identification information of User along with information about the basis for such application. The application shall be sent to Company's legal address or electronically to the email address firstname.lastname@example.org.
All personal data, personal identification codes of User, his employees, officials and any other persons related to User and information about vehicles submitted to Company and entered on Company's web site is protected under the Republic of Latvia legislation.
Approval of Agreement by User is construed as User's consent to processing of User's personal data and personal identification codes, as well as vehicle information by Company. If User is an owner of the digital tachograph card of a company, before passing on personal data to Company User shall confirm that he has received express consent to processing of personal data from the private person, including submission of the date to Company (for example, a company shall secure consent of its employees).
Company shall manage processing of personal data and personal identification codes. The purpose of personal data and personal identification codes processing – solicitation and provision of Service.
Company shall be entitled to send User by email any news related to Service.
If User fails to perform or performs in an incomplete manner his payment obligations arising from Agreement, Company shall have the right to pass information about User (personal data) and Service received to a debt recovery agency for processing to perform collection of delayed payments and publish the data in the public data bases, if necessary.
5. Final Provisions
Company shall be entitled to change and/or amend Agreement unilaterally at any time.
Company and User shall each have the right to terminate Agreement unilaterally with 30 days prior notice to the other party. If User fails to perform or performs in an undue manner his obligations to Company, Company shall have the right to terminate Agreement unilaterally with 5 days prior notice. User shall perform all his payment obligations to Company on the day of termination of Agreement at the latest.
Company shall have the right to transfer Agreement and/or obligations arising from it unilaterally and at its discretion to any third party.
Application for Service or its use shall be construed as User's agreement to these terms (Agreement). If User is an owner of the digital tachograph card of a company, the person who approves Agreement confirms that he/she is fully entitled to accept obligations set forth in Agreement in the name of the company.
Any dispute or claim arising from or related to Agreement (including extra-contractual disputes or claims) shall be resolved in a court of the Republic of Latvia according to the Republic of Latvia legislation.