Effective as of December 23, 2019
These Terms and Conditions (hereinafter the “Terms”) apply to the website 4XDEV located by the link https://4xdev.com (hereinafter the “Site”) and operated by 4xdev (hereinafter the “Company”). These Terms and Conditions also govern the software development and IT consulting services (hereinafter the “Services”) provided by the Company to the Client (hereinafter “you”). Please read them carefully as they contain important information regarding your legal rights and obligations.
All collective terms are interchangeable in both singular and plural versions.
By accessing or using the Site, the Services and the content available at the Site, you explicitly confirm that you have read, understand and agree to these Terms. If one or any of these Terms is unacceptable for you, you must cease using the Site and the Services.
If you are going to use the Site or the Services on behalf of a legal entity, you represent and warrant that you have the ability to agree with these Terms on behalf of that legal entity.
The Site provides information about the Company and the Company’s Services and products.
You need to be at least 18 years old to use the Site and the Services. By using the Site or ordering the Services, you also confirm you are not listed on any U.S. Government list of prohibited or restricted countries or parties, and you are not located in a country that is subject to U.S. Government embargo. If national legislation of your country prohibits you from accessing the Site or using the Services offered by the Company, you should not access the Site or use such Services.
In order to use the Services provided by the Company, you may be asked to provide your personal data, including your name, email and other personal information that could be used to identify you. You should file an inquiry if you would like to cease using the Site and delete your personal data. We reserve the right of unilateral procedure of suspending your access to the Site or taking any steps we consider appropriate at any time if we have reasonable concerns that you have, may or intended to violate these Terms.
When applying for the Services, you will have to provide the Company with the information in a form of a text, source code, algorithm, scheme, method, oral description, or in any other form (hereinafter the “Materials”) reasonably necessary to provide the Services. The Company may require you to provide additional information.
All the information provided via the Site for informational purposes only and does not constitute any professional advice. You should not rely on any information provided in your personal or business activity. The Company makes all reasonable efforts to make the information accurate and reliable. However, we cannot guarantee that all the information is accurate at the moment you will use it. Nevertheless, this is not an obligation of the Company to maintain the Site and its content. The Site operates on “as is” basis with no representation or warranty related to its functionality
You should use the content and the information placed on the Site according to these Terms. You agree not to copy, modify or reproduce the content in any other way without our prior written consent.
You represent and warrant that your submissions are complete and accurate, not fraudulent, tortious and do not violate any applicable law or rights of any third party.
While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as proposals for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names you transfer irrevocably, royalty-free, perpetually, worldwide, and exclusively all the proprietary rights for listed items to the Company upon submission. You waive moral rights for the listed items, your right for any compensation and the rights to forbid, allow, restrict or otherwise by any method influence or obstruct the Company's use or rights for the items listed above.
All titles and logos at the Site and the content published herein, source code, processes, designs and technologies, domain names, marks and logos are fully vested and protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws except where expressly stated otherwise.
The content may contain links to third-party controlled sites. Content at those sites may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. We neither control nor endorse any content provided by third parties. Third-party sites, content and software are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for them. You use any such content at your own risk and according to the Terms and Conditions specified by the provider of that content.
The Site may include third party components and links with separate legal notices or governed by other agreements. You interact with such components and links on your sole discretion. Please make yourself familiar with conditions of such notices or agreements prior you decide to interact with such components and links. We specifically disclaim any liability for the results of such interactions.
In case of receiving any complaint regarding your Submission or any other use of the Site, we reserve the right to conduct an investigation of such complaint resulting in the removal of your Submission from our servers.
Before making any submission, you shall ensure that you duly own all intellectual property rights in the Materials you are going to submit. You shall indemnify the Company and hold harmless from any claims or damages arising from the use of the Materials provided by you. Providing any Materials infringing intellectual property rights of any third party constitutes a severe violation of these Terms and Conditions. In such a case, the Company is entitled to terminate the agreement with you and suspend the provision of the Services.
The Services provided by the Company include, but not limited to, custom software development, software modification and improvement, IT consulting services.
To order the Services, you have to submit a request containing your name and email and provide the Company with a detailed description of the intended purpose and the deliverables you wish to receive.
Upon request of the Company`s representatives, you shall provide additional information necessary to process your order.
After reaching the mutual consent on all significant terms, the Company shall send you a statement of work (hereinafter the “Statement of Work” or “SOW”) containing the information on the particular services ordered, the description of materials you shall provide and the deliverables to be provided by the Company, and any other terms and conditions.
The total amount of remuneration payable by you to the Company, as well as additional terms related to payment obligations, shall be mutually agreed and specified in each particular SOW.
By paying the amount specified in SOW, you explicitly confirm and provide your consent with all terms and conditions specified therein.
The Company shall provide you with the deliverables described in the appropriate SOW within the terms specified therein, unless otherwise additionally agreed by the Parties. In case of delay, the Company shall notify you about such delays and inform you about the expected term the deliverables would be provided.
The deliverables provided to you should be accompanied by the information on particular actions performed, the results achieved, and the amount to be paid by you to the Company in case if the Parties agreed to pay in instalments.
Upon the receiving of the deliverables, you may either provide your reasonable objections or confirm the acceptance of services provided. Reasonable objections should be provided within 14 (fourteen) calendar dates from the date the Company dispatched the deliverables to you. Otherwise, the Services would be deemed as duly provided, and the Company would no longer accept any claims.
The deliverables sent via email should be deemed provided on the day of being sent by the Company.
You are prohibited to:
Post, upload, send via email or otherwise make available any content that:
Infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
Is threatening, tortious, defamatory, libellous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, beliefs or their absence, disability, gender, age, veteran status, or sexual orientation/gender identity);
Discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information;
Use the Site or any information placed therein for any commercial purpose and/or use the Site for the solicitation of business in the course of trade or in connection with a commercial enterprise;
Provide false or inaccurate information when submitting an order;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Collect or harvest any personal data of any user of the Site;
Interfere with or disrupt the operation of the Site or the servers or networks, including by hacking or defacing the Site;
Reproduce, modify, adapt, translate, distribute or use for any commercial purpose any content placed on the Site without our prior written consent. We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices but retain the right to revoke this permission at any time on a general or specific basis;
Interfere or attempt to interfere with the proper functioning of the Site, including making any automated use of the Site, the Service or the related systems, or take any action to bypass any robot exclusion headers or other measures we take to restrict access to the Site that is deemed to impose an unreasonable or disproportionately large load on our servers or network infrastructure;
Frame or mirror any portion of the Site;
Download and store the content, systematically placed on the Site;
Use any robot or another device to gather content from the Site and/or circumvent, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict the use, copying of content, or enforce limitations on use of the Site;
Reverse engineer, decompile or disassemble any part of the Site.
You understand and agree that any liability, loss or damage that occurs as a result of the breach of the aforementioned prohibitions is solely your responsibility. The Company is not responsible for your violations.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site nor do we adopt or endorse, nor we are responsible for the accuracy or reliability of any opinion, advice, or statements made by other parties. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site or transmitted to users.
Though we strive to enforce these Terms, you may be exposed to content that is inaccurate or objectionable when you use or access the Site.
We will treat your emails as confidential unless you expressly waive the confidentiality of your letters. This does not apply to cases when you contact us via public means, such as social networks. If you become aware of misuse of our Site or violation of these Terms, please contact us.
THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.
To the extent permitted by applicable law, in no event shall the Company, its affiliates, directors, employees, licensors or partners, be liable to you for any loss of profits, use, data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
the use, disclosure, or display of the content;
your use or inability to use the Site;
your use of the deliverables received from the Company as the result of the Services;
the Site in general or the software or systems that make it available; or
or any other interactions with the use or with any other user of the Site, whether based on warranty, contract, tort (including negligence) or any other legal fact, and whether or not we have been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
If you have a dispute with any third party, you indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We can amend these Terms at any time and will update them in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes. Your continued use of the Site signifies your consent with our revisions to these Terms. We will notify you separately only of sufficient changes to the Terms.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of England.
The governing law of the contract shall be the substantive law of England.
If any provision of this Terms is held or found to be invalid or unenforceable, this shall not affect other provisions, and they will remain in full force and effect. If we decide not to enforce any provision of these Terms, this shall not be considered a waiver of our right to enforce such provision. Our rights under these Terms survive any termination of the Terms.
We may at any time by any reason discontinue the maintenance of the Site and terminate these Terms. The provisions of Sections 4, 8, 9, 10 and 12 shall survive the termination of the Terms, alongside other provisions that by their nature shall survive such termination.
If you still have any questions regarding these Terms or about the Company, please contact us by email at firstname.lastname@example.org.
The 4xdev company (the Company) agrees that all Intellectual Property Objects shall be the sole and exclusive property of the Client and that all Intellectual Property Rights in the Intellectual Property Objects shall belong exclusively to the Client from the time of the creation of the respective Intellectual Property Objects.
Therefore, the indicators, Expert Advisors, or other Intellectual Property Objects we develop for you will not appear on open access and will not be transmitted to third parties.
The Company provides the Client with a guarantee of the work quality for a period of 14 (fourteen) days from the creation and sending a ready-to-use tool to the Client.