1. Opening Provisions

1.      The provisions of these General Terms and Conditions (GTC) shall apply to all Agreements (as defined below) between Local Samurai, s.r.o., Prostějovská 113, 080 01 Prešov, Slovak Republic, Identification Number (IČO): 52 189 856, incorporated in Business Register of the District Court Prešov, section: Sro, Insert No.: 37650/P. (“Local Samurai” or “Agency“) and whoever is using Services provided by Local Samurai (“Customer”).

2.      The General Terms and Conditions are published on the website emailim.co.il and are available to all Customers. They shall apply to all legal relationships between Local Samurai and the Customer, even if they are not expressly referred to. The GTC shall exclusively apply to legal transactions with entrepreneurs, i.e. B2B transactions.

3.      The version applicable at the time of conclusion of a contract shall be relevant. Deviations from these GTC and other supplementary agreements with the Customer shall only be effective if they have been confirmed by Local Samurai in writing.

4.      Terms and conditions of the Customer, if any, shall not be accepted, even if Local Samurai knows them, unless expressly agreed otherwise in writing on a case-by-case basis. Local Samurai expressly objects to GTC of the Customer. No other objection of Local Samurai to the Customer’s GTC shall be required.

5.      The Customer shall be informed about amendments to the GTC; they shall be deemed agreed unless the Customer objects to the amended GTC in writing within 14 days; in the information the Customer will be expressly informed about the consequence of silence on his part.

6.      If any provisions of these General Terms and Conditions are ineffective, the binding nature of the remaining provisions and the contracts concluded on the basis of the same shall not be affected. The ineffective provision shall be replaced by an effective provision which comes as close as possible to the meaning and purpose of the ineffective one. Local Samurai’s offers shall be subject to change without notice and non-binding.

2. Security and Data Protection

1.    The Account renders access to services provided by Local Samurai. The user's full name, company name, country, valid email address, licensing data and statistic are required for registration and use of the Account and for the purpose of provision and maintenance of services accessed via Account. You hereby agree to data being collected and transferred to Provider's servers or those of its partners, the purpose of which is to ensure functionality of and authorization to use the Software and protection of the Provider’s rights. Following conclusion of these Terms, the Provider or its partners shall be entitled to transfer, process and store essential data identifying You for support purposes, and for the purpose of performance of these Terms.

2.    You are responsible for the security of your Account and credentials required for logging in. Local Samurai shall not be liable for any loss or damage resulting from your failure to comply with this obligation to maintain security. The User is also responsible for any activity related to the use of the Account, authorized or not. If the Account is compromised, you should notify the Provider immediately. You are authorized to use the Account solely for the purposes and manner for which it is intended under these Terms, individual service terms and documentation.

3.    Details about privacy, personal data protection and rights as a data subject can be found in Privacy Policy.

3. Services

1.    The Order constitutes an offer by the Customer to purchase the Services in accordance with these Terms. The Customer shall ensure that the terms of the Order and any relevant Specification are complete and accurate.

2.    The Order shall only be deemed to be accepted when the Company issues a written acceptance of the Order, or when the Company has started to provide the Services having received the Order, whichever happens first, at which point the Contract shall come into existence.

3.    The Contract constitutes the entire agreement between the Company to provide the Services to the Client and for the Client to purchase those Services, in accordance with these Terms.

4.    The Customer shall provide assistance and technical information to the Company, as reasonably required by the Company in sufficient time to facilitate the execution of an Order in accordance with any estimated delivery dates or milestones

5.    The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.

6.    All services of the Agency – marketing strategies, ppc ads, google ads, facebook ads, and other marketing and advertising channels, shall be checked by the Customer and released within three working days of receipt by the Customer. If they are not released within that period, they shall be deemed approved by the Customer. After that period has expired with no reply from the Customer they shall be deemed accepted by the same.

7.    The Customer shall make accessible to the Agency completely and in time all information and documents required for rendering the service. The Customer shall notify the Agency of all circumstances that are relevant to execution of the order, even if they become known only in the course of execution of the order. The Customer shall bear the costs incurred due to the fact that work has to be done again by the Agency or is delayed because of his incorrect, incomplete or subsequently modified specifications.

4. Support and Membership

1.    Local Samurai provides for the Customer the following:

a)    website with hosting for all the lifetime period

b)    sale page builder (pro version)

c)    sales funnel and checkout builder (pro version)

d)    online course platform with unlimited courses and students

e)    design upgrade plugin (pro version)

f)     lifetime support

2.    For the purposes of these conditions „Lifetime” means ten years from the day of the purchase.

3.    For the purposes of these conditions „ website with hosting for all the lifetime period” means that first year is included in the package for free, and then every next year, the price is $75 a year.

4.    For the purposes of these conditions „Lifetime support” means ten support tickets per year. For the purposes of these conditions „One support ticket” means contact involving one problem/issue by Customer to Local Samurai until the problem/issue is solved. If the Customer needs more than ten support tickets per year, Customer can buy Premium Support Package. Premium support Package entitles the Customer for unlimited support tickets according to the Price list at: emailim.co.il

5.    Lifetime membership needs to be renewed every year for free, to keep its benefits. If the Customer doesn’t renew its membership after the first year or every other year of membership, Local Samurai is entitled to stop providing its services. If the Customer would like to renew its membership after this period, Local Samurai is entitled not to accept the renewal request. But Local Samurai will be will be helpful in renewing the services.

6.    Local Samurai provides support to the Customers by chat or by e-mail. Support is provided for Software only on a reasonable commercial effort basis during regular working hours. Local Samurai will use reasonable efforts to respond to any support ticket in a timely manner.

7.    The Support Services shall not include: (i) altered or damaged Software or any portion thereof; (ii) problems caused by your negligence, abuse or misuse of the Software; and/or (iii) downtime due to: (a) our maintenance time; (b) your own Internet service provider; (c) a force majeure event; (d) any systemic Internet failures; (e) your acts or omissions; (f) third party software; and/or (g) anything outside of our direct control.

5. Limitation of Liability

1.    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE ACCOUNT, EVEN IF THE PROVIDER OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES THE LIABILITY OF THE PROVIDER, ITS EMPLOYEES OR LICENSORS OR AFFILIATES SHALL BE LIMITED TO THE SUM THAT YOU PAID TO PROVIDER.

6. Reference

1.    Local Samurai shall be entitled to make reference to its current or former business relationship with the Customer on its own advertising media, including but not limited to its website, by referring to the Customer’s business name and business logo, with the Customer having the right to revoke his consent in writing at any time.

 

7.Warranties

 

1.    Local Samurai warrants that it will provide the Services as stipulated in the Order using reasonable care and skill to conform in all material respects with the Specification. 

2.    Local Samurai shall use all reasonable endeavours to meet any performance dates specified in the Order but any such dates shall be estimates only and time shall not be of the essence for the provision of the Services.  Local Samurai shall not be liable for any delay in delivery of the Services caused by a Force Majeure event or the Client’s failure to provide the Agency with adequate delivery instructions or any other instructions relevant to the supply of the Services.

3.    Local Samurai shall have the right to make any changes to the Services which are necessary to comply with any applicable law.

4.    Local Samurai shall be entitled to use a Group Company or other subcontractors for the provision of the Services provided always that the Agency shall remain liable to the Client for the performance of the Services as if it had carried them out itself.

 

8.Confidentiality

 

1.    A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party's business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party's obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause shall survive termination of the Contract.

2.    During the term of the Contract and for a period ending 3 years from the date of its conclusion, the Agency shall take the same care as the Agency uses with it own confidential information, to avoid, without the Client’s consent, the disclosure to any third party (except a subcontractor working on the Services who is subject to similar undertakings of confidentiality) of any of the Client’s business or operational information which the Client has designated as confidential. This obligation shall not apply to any information which is or becomes publicly available otherwise than through a breach of this agreement, is already or rightly comes into the Agency’s possession without an accompanying obligation of confidence, is independently developed by the Agency, or which the Agency is required to disclose by law.

3.    During the term of the Contract and for a period ending 3 years from termination thereof, the Client will not disclose to any persons within its organisation that do not have a need to know, or to any third party, any information and non-Client materials provided by the Agency concerning the method or approach the Agency uses in providing the Services.

9. Governing Law and Language

1.    These Terms shall be governed by and construed in accordance with Slovak law. The End User and the Provider agree that conflict provisions of the governing law and United Nations Convention on Contracts for the International Sale of Goods shall not apply. You expressly agree that exclusive jurisdiction for any claim or dispute with the Provider or relating in any way to Your use of the Software resides in District Court Prešov, Slovakia and you further agree and expressly consent to the exercise of the personal jurisdiction in the District Court Prešov in connection with any such dispute or claim.

2.    In the case of discrepancies between the language versions the Slovak version shall always prevail as the Slovak version is deemed original.

10. General provisions and notices

1.    All notices must be delivered to: Local Samurai, s.r.o., Prostějovská 113, 080 01 Prešov, Slovak Republic.

2.    Local Samurai reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to the Client and Local Samurai shall not be liable to the Client or any third party for any modification to or discontinuance of these Services save for the return of any prepaid sums in connection with the provision of the Services which are subsequently not provided.

3.    Local Samurai shall be free to provide its Services to third parties whether during or following the provision of the Services to the Client.

4.    During the term of the Contract and for a period of 12 months thereafter, the Client agrees not to employ or engage or offer to employ or engage anyone designated by the Agency to work on the Services.

5.    The failure of either party to enforce or to exercise at any time or for any period of time any right pursuant to these Terms does not constitute, and shall not be construed as, a waiver of such terms or rights and shall in no way affect that party’s right later to enforce or to exercise it.

6.    If any term of these Terms is found illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining Terms, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining Terms which shall continue in full force and effect and be binding on the parties to the Contract.

7.    A person who is not a party to the Contract shall not have any rights under or in connection with it.