1.    SUBJECT OF THE GENERAL TERMS AND CONDITIONS

The subject of the general terms and conditions are the services of leasing the licences and right to use the marinacloud computer system (hereinafter the Service).

The general terms and conditions shall be considered accepted by signing the Agreement on the lease of licences and the right to use the marinacloud computer system (hereinafter Agreement)

The Agreement parties are the supplier of the services of leasing the licences and the right to use the marinacloud computer system (hereinafter Supplier) and the user of the services of leasing the licences of the marinacloud application design (hereinafter User).

 

2.    PROVISION OF SERVICES

The supplier of the services of leasing the licences and the right to use the marinacloud computer system for the purposes of organising and managing the business and information system of the user of the services of leasing the licences of the marinacloud application design provides the following services:

  • leasing the computer capacities necessary for the operations of the User;
  • leasing the licences and rights to use the marinacloud application design according to the detailed specification of the Service in the Agreement;
  • creating data backup with a planned point of recovery
  • protecting data confidentiality by applying a authorization system for accessing the Service;
  • segregating the user data stored inside the system so that they are only accessible by the authorised system users;
  • adjusting the application design to legal changes;
  • delivering new versions of the application design developed by the Supplier no less than two times per year with no additional charges;
  • operational assistance for the User in work through counselling and written e-mail communication on the level of the number of working hours defined on a monthly basis in the Agreement;
  • correcting mistakes in the application design and mistakes discovered during work on the control and monitoring of the Service.

 

2.1.       SERVICE USE LIMITATIONS

User support regarding the operation of the Service is carried out during the working hours of the Supplier – Monday to Friday, 8 am to 4 pm CEST.  The response time of the Supplier to the report of an issue in the provision of the Service depends on the critical state level reported in the issue, with the maximum tolerance for non-action or non-availability of the Service is three (3) work days within one event of system non-availability.

The standard time for response and correction of an issue in Service provision includes the following:

 

URGENCY LEVEL RESPONSE TIME RESOLUTION TIME
L1: CRITICAL The business process is hindered Within 8h during a work day Resolution within 3 work days
L2: SERIOUS Difficult, but possible business process Within 3 work days Resolution within 7 work days
L3: SLIGHT Reduced efficiency Within 7 work days According to agreement and monthly work plan

 

2.2.       DISCLAIMER

The Supplier shall not be responsible for issues caused by problems on the server and/or network infrastructure and/or technological platform of the User or an included third-party. In this case, the provisions of response time and necessary level of services shall not apply. The Supplier shall not be responsible for issues with hardware equipment, system support and the network infrastructure of the User caused by malignant code (e.g. computer viruses, worms, Trojan horses etc.) and/or unauthorized mobile code that can compromise the work stations of the User and use the compromised computer as an vector of attack on the availability of the Supplier’s Service. The Supplier shall reserve the right to withhold the Service from the User on compromised computers until the User has removed the malignant and/or mobile code from his environment. In this case, the Supplier shall not refund the fee for using the Service to the User.

 

2.3.       IMPLEMENTATION OF SYSTEM UPGRADES AND TESTS

The Supplier shall reserve the right to carry out system upgrades and equipment and/or installation and/or software tests on a production hosting system with a prior notification 24 hours before the very implementation of tests.

 

2.4.      ADDITIONAL COSTS

The Supplier shall charge all on-site support agreed upon with the User according to the applicable price list.  The Suppler shall charge the travelling and stay expenses according to the applicable legal provisions concerning the recognition of travelling and stay expenses. The Supplier shall calculate additional hours of provided support to the User separately on a monthly basis and according to the applicable price list.

 

2.5.       REPORTING ISSUES IN USING THE SERVICE

The User shall immediately report every operational interference to the competent customer support in order to remove the interference as soon as possible. The e-mail sent by the authorised person of the User to the address support@marinacloud.atlassian.net shall be considered the applicable document for reporting the interference.

 

2.6.      SERVICE CANCELLATION

The Supplier shall reserve the right to withhold the Service from the User if the User is more than 60 days overdue with settling his payment obligations for the Service according to the Agreement which shall in that case expire 30 days after a written notice to the User.  The User shall be entitled to unilaterally cancel this Agreement if he reports it to the Supplier in written, and the Agreement shall be cancelled after 60 days. If the User or Supplier cancel the Agreement, the Supplier shall deliver data to the User within 90 days in a structured form, i.e. in a form that can be used to transfer the data to another system according to the specification defined in detail in the Agreement.

The User shall not be authorised to transfer his rights and obligations from the Agreement concluded between the Supplier and User to a third person without the Supplier’s prior written agreement.

 

3.    WARRANTY

The Supplier shall provide the Service according to the best professional standard and his best knowledge and in that regard provides a full warranty regarding the functionality of the services he provides, except in cases of force majeure as defined by the law, or in the case when the chain of service use includes a third person and their equipment.

If the Supplier cannot carry out works on a technical installation due to inadequate hardware equipment of the User or a lacking network infrastructure, he shall inform the User in written about the potential solutions.

The user data created through the operational use of the Service stored on the computer capacities of the Suppler shall be the ownership of the User. If the Supplier ceases to work, the Supplier shall deliver data to the User within 90 days in a form able to be transferred to another system.

 

4.    PRIVACY PROTECTION AND TRADE SECRET

The User and Supplier shall keep all information and data obtained by spoken, written, electronic or any other means during the contracting, carrying out the contracted Service and after its completion as a trade secret with no time restriction.

The following is particularly presumed to be a trade secret: information system data, the state of security of the information system, security policies, ordinances and procedures and the used methodologies, the business policy of the agreement parties, their financial status, the management principles of the agreement parties, the human resource policy, data on the organization of the agreement parties, legal relations, salary, incentives and disincentives data, court disputes data, business partners data, operating method in commercial affairs and all other information on the activities and commerce of the User and Supplier.

The User undertakes not to make available, share, forward, reveal or transfer information about the user name and password and other authentication mechanisms and devices to third persons, regardless of whether they are employees within the legal entity of the User, external partners or third persons.

The User shall present the security procedures and rules of conduct with their amendments in a timely manner to all employees, contracting partners and other third parties and ensure they adhere to them.

The Supplier shall not be charged for damage that occurs due to a loss of confidentiality, integrity or availability of information of the User that occurred due to inadequate protection of the user name and password or other system registration mechanisms.

The Supplier shall regard data on the User, as well as facts and circumstances that he finds out due to the provision of service to the Users as commercial secrets and can only reveal them in cases prescribed by law.

The User in the capacity of collection manager and the Supplier as the processor undertake to carry out the activities of processing the personal data entrusted by the collection manager to the processor based on the Agreement in accordance with the Personal Data Protection Act. As the processor, the Supplier undertakes to:

 

  • carry out work only based on the request of the personal data collection manager
  • not provide personal data for the use of other recipients, nor process them for any purpose other than the agreed upon purpose
  • ensure the implementation of appropriate technical, organizational and personnel measures to protect personal data in accordance with the Personal Data Protection Act.

 

By the User and Supplier signing the Agreement, the User shall be considered to have provided approval within the meaning of the Electronic Communications Act:

  1. that the Supplier sends him informational notifications and promotional materials via e-mail, short text messages (SMS) and multimedia messages (MMS);
  2. that he is contacted for the purpose of direct marketing and sale of his products and services via telephone or e-mail. In every such contact, the Supplier will allow the contacted person to simply and freely oppose all future communication in the previously mentioned purposes.

 

5.    COPYRIGHT PROTECTION

Copyright of the application design that represents an integral part of the Service is the ownership of the Supplier. It is prohibited to use (completely or partially), transfer (electronically or otherwise), exchanging, connecting to or the use of any part of the Service both for public and commercial purpose without a prior written permission from the Supplier.

It is prohibited to reproduce (in one or more copies, completely or partially, directly or indirectly, temporary or permanent, by any means and in any form), distribute (sale, leasing, concession or in any other way dispose of the subject of the copyright), communicate (in any form and by any means) or process any part of the Service without a prior written permission from the Supplier.

The right of ownership and/or copyright of images, bill of quantities and other offer and general documentation which is part of the offer for providing Services or as an integral part of the Agreement delivered to the User by the Supplier shall be exclusively the ownership of the Supplier.

The delivered documentation may not be copied without a prior written permission from the Supplier. The documentation may be put at the disposal of third persons only with a prior written permission from the Supplier.

 

6.    LIABILITY LIMITATION

The Supplier shall not be considered in violation of these Terms of use nor shall he bear responsibility for disregarding or nonfulfillment of these Terms of use for any reason that, acting with due diligence, he cannot control or prevent, including, but not limited to, war, armed insurrection, public unrest, civil strife, strikes, collective labour disputes, state government processes, floods, storms, other adverse weather conditions, loss or lack of electricity, fuel or other publicly available services.

Using the Service shall be the exclusive responsibility of the User. The Supplier does not guarantee that the use of the Service shall not be interrupted or without errors; nor does he vouch for the consequences that can emerge through the use of the Service.

This declaration of liability shall refer to all damages, direct or indirect, or potential injuries caused by any flaws, mistake, exemption, interruption, deletion, malfunction, delay in work or transfer, computer virus, communication line breakdown, theft, destruction or unauthorised access, changes or misuse of the records, contract termination, inappropriate behaviour, negligence or any other activity.

The Supplier shall not be responsible for insulting, inappropriate or illegal behaviour of other users or third parties and the User shall bear the risk of damage that can occur as a result of the aforementioned.

The Supplier shall not be responsible for any damages caused by using or incapability to use the Service.

The Supplier reserves the right to momentarily terminate any passwords or user accounts of the User if the User acts in a way that the Supplier, according to his own discretion, considers unacceptable, and in any case of the User violating these Terms of use. In the case of terminating passwords or user accounts, the Terms of use between the User and Supplier shall not cease to be valid.

The User shall reimburse all costs and damages that might occur to the Supplier due to the User acting in regard to third persons and/or not acting in accordance with positive legislation of the Republic of Croatia.

The Supplier shall be authorised to suspend the provision of Services for reasons based on, including but not limited to, the following basic (important) requirements: data centre operation safety compromised, the ability of the electronic communication services to mutually function compromised, data protection, user and staff protection, the User using faulty or illegal equipment or not using equipment in a legal way. If the provision of the Services is discontinued, the Supplier shall bear no responsibility in accordance with this Article.

 

7.    APPLICABLE LAW

These Terms of use are prepared in accordance with the law of the Republic of Croatia. The law of the Republic of Croatia shall apply to the relations between the Supplier and User regarding the use of the Service.

The User and Supplier shall attempt to amicably settle every dispute that arises from these Terms of use. If an amicable settlement of a dispute is not feasible, all disputes that arise from or in relations to these Terms of use shall be finally resolved before a court in Rijeka with subject-matter jurisdiction.

 

8.    IMPLEMENTING PROVISIONS

If any provision of these Terms of use shows to be illegal or infeasible, the remaining provisions of the Terms of use shall remain in force in full. If any provision of these Terms of use is declared void, the void provision shall be immediately replaced with a new provision with a valid form and contents and it shall in a legally valid way attempt to achieve, insofar as possible, the purpose and intention of the void provision.

The User shall inform the User in a timely manner of all changes, including, but not limited to, bankruptcy, liquidation, changes of status etc. that can affect the User’s fulfilment of agreed upon obligations.

When concluding the Agreement between the User and Supplier, these Terms of use shall apply insofar as they are not conflict with any provision of the Agreement.

The agreement parties shall exchange all notifications regarding the fulfilment of the Agreement via means of communication and authorised representatives, as established by the Agreement.

The Supplier shall make available the terms of use and all later amendments on his website www.marinacloud.net. The Supplier reserves the right to change and/or update these Terms of use at any given moment. All amendments to these Terms of use, as well as the consolidated version, shall be made available at the website www.marinacloud.net .

These Terms of use shall enter into force and be applicable from 01 January 2017.

1. GENERAL TERMS AND CONDITIONS

1.1. Marina Cloud is a legal person that provides Services to the User via a digital application.

1.2. A User is any natural or legal person using Marina Cloud Services upon completing the registration.

1.3. These General Terms and Conditions describe and determine the legal relationship between Marina Cloud and the Service User, regardless of the services provided by a third party.

1.4. These General Terms and Conditions are published on the Marina Cloud website.

1.5. The Services cannot be used if the User is: (a) underage or (b) a person prohibited from receiving Services by applicable regulations of any country, including the country of residence of the User or the country from where the Services are being used.

2. ACCEPTANCE OF THE GENERAL TERMS AND CODITIONS

2.1. In order for the User to use the Services, they must accept the General Terms and Conditions. The General Terms and Conditions are accepted by pressing the ‘accept’ button if such a button or function is available or exists in the user interface of a particular Service.

3. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

3.1.Marina Cloud reserves the right to amend the contract terms and shall, in accordance with Article 1.4 of these General Terms and Conditions, make available to the User any and all amendments which enter into force no sooner than within 90 days.

3.2 The User accepts the amended General Terms and Conditions by continuing to use the Service after entry into force of the amendments to the General Terms and Conditions.

4. SERVICE PROVISION AND USE

4.1. The Services are provided to the User by Marina Cloud and companies (e.g. marinas and other) that are in any way associated with Marina Cloud and/or have a business cooperation agreement for the use and improvement of Services provided to the User, whereby Marina Cloud does not have any influence over the contents of data that the User can receive from third parties.

4.2. The Services may be used solely for personal and non-commercial purposes; reproduction, duplication, copying, selling, trading or reselling Services or parts thereof is strictly prohibited.

4.3. Marina Cloud shall endeavour to keep all the presented information accurate and up to date, Marina Cloud shall not be liable for possible delays due to unforeseen technical problems.

4.4. The User must periodically test and supervise the system in accordance with the provided instructions independently of Marina Cloud and Marina Cloud shall not be liable for the results.

5. ADVERTISING

5.1. The User acknowledges that Marina Cloud may, as part of the Service, set up or display advertising, promotional or other content, materials or products for promotional purposes.

5.2. In any case, Marina Cloud shall send promotional e-mails or newsletters solely if the User expressly agreed to receive such information and communication, for example, when registering for the use of Services.

6. DATA MONITORING BY THE MARINA

6.1. The User agrees that Marina Cloud shall, as part of the Service, submit data on the vessel status to the Marina in which the vessel is located at the time of data transmission. The data being submitted serves only informational purposes and the Marina in which the vessel is located receiving the data, is not obliged to act and in no way assumes responsibility for the reception of data and any action based on the received data.

6.2. If the User does not agree to the Marina receiving data on the vessel, they must deny their consent by pressing the appropriate button in the application when registering for the use of Services by Marina Cloud in accordance with these General Terms and Conditions.

7. DISCLAIMER OF LIABILITY

7.1. The use of the Service is the sole responsibility of the User. The Provider does not warrant that the use of Service shall be uninterrupted or free of errors and shall not be liable for any consequences arising from the use of the Service. This Statement of Liability refers to direct or indirect, material or non-material damage.

7.2. In any event, the Service User accepts that data collected based on the Service provided by Marina Cloud cannot be entirely sufficient for further action of the User and any reliance on the received data shall be the exclusive responsibility of the Service User.

8.THIRD PARTY SUPPORT

8.1. Provision of the Service depends on, inter alia, the availability and coverage of wireless network providers, as well as the communication channel by the Internet-of-Things (IoT) network and sensors manufactured by third parties.

8.2. The provision of the Service shall be provided for a vessel located at a location equipped with IoT receivers, primarily while the vessel is at a stationary berth..

8.3. Marina Cloud d.o.o. shall not be liable for any damage or loss caused by third party malfunctions.

8.4. Marina Cloud shall be exempt from any liability for damage which may arise on mobile phones on which the application is installed and the data stored on said devices. Also, Marina Cloud is exempt from any liability regarding the possible use of the Internet Store.

8.5. Marina Cloud shall not be liable for temporary unavailability of the application due to technical problems beyond the control of Marina Cloud.

8.6. The User shall assume responsibility for the system operation at locations outside of the location referred to in Article 8.2., as well as for the supervision of system functionalities.

9. COPYRIGHT PROTECTION

9.1. The application design copyright which is an integral part of the Service, as well as all other intellectual and/or property rights shall be the sole ownership of  Marina Cloud and the User shall not acquire any rights whatsoever as a result of using the Service. It is strictly forbidden to use (in whole or in part), transfer (electronically or otherwise), modify, merge or use any part of the Service for public and commercial purposes without prior written consent of the Provider.

9.2. The company Marina Cloud d.o.o., its licensors, suppliers, shareholders and other affiliates retain all rights not expressly assigned to the User under these General Terms and Conditions.

9.3. It is forbidden to (a) give another user or third party the licence to use the Service or otherwise allow them to access the account or User Services; (b) use the Services in such a way that the User provides Services to other users or third parties; (c) in any way transfer, sublicense, establish a lien in or over the Marina Cloud license or another right arising from it, loan or rent Marina Cloud Services and/or license, or otherwise transfer the Marina Cloud license or any right arising from it to third parties.

9.4. It is forbidden to duplicate, modify, create derivative works or otherwise attempt to extract the source code of Marina Cloud Services or any part thereof.

10. REGISTRATION DATA AND USER ACCOUNT

10.1.When using the Services, the User may be required to provide information about themselves before proceeding with the use of Services (‘Registration data’).

10.2. The User agrees to provide accurate, up-to-date and complete registration data, and update their registration data when required in order to keep the data accurate, recent and complete.

11. PASSWORDS AND ACCOUNT SECURITY

11.1. In order to use the Service, the User must download the appropriate application and open a user account and provide their user identification (ID) and password (‘Account information’).

11.2. The User is required to keep their account information safe and protected and to prevent unauthorized access to their account information and account by third parties.

11.3. The User must immediately inform Marina Cloud via e-mail of any unauthorised use of their registration or account information as well as any breach of security as soon as they become aware of it.

12.  PERSONAL DATA PROTECTION

12.1. Marina Cloud shall undertake to protect the User’s personal data. By activating the user account, the User agrees that their registration data, personal data and information will be used in accordance with the Marina Cloud Privacy Policy.

12.2.Marina Cloud does not require personal data to be submitted in order to use the Service, however, not providing the required registration information may prevent Marina Cloud from complying with the User’s request for Service.

12.3. While Marina Cloud takes measures to protect the information being provided, Marina Cloud cannot guarantee their absolute security.

12.4. The application uses current device location.

13. FORCE MAJEURE

13.1. Marina Cloud shall not be liable for failure or delays in the fulfilment or of any of its obligations arising from this contract due to an event beyond reasonable control.

13.2. The fulfilment of obligations by Marina Cloud during events caused by force majeure is considered suspended and the time allocated for meeting the obligations shall be extended by the duration of the event caused by force majeure.

14. IMPLEMENTING PROVISIONS

14.1. Marina Cloud shall adhere solely to written conditions. All statements, claims or agreements made or concluded otherwise, either directly or indirectly, in writing or verbatim, or through advertising, shall not be binding to Marina Cloud unless Marina Cloud explicitly acknowledges it in writing.

14.2. If any of the provisions of this contract is invalid (in whole or in part), in accordance with the decision of the court competent to decide on such a legal matter, that provision shall be removed from the contract without prejudice to the other provisions of the contract which shall remain in force.

15. APPLICABLE LAW

15.1. These General Terms and Conditions are written in accordance with the law of the Republic of Croatia. The law of the Republic of Croatia shall apply to the relationship between the Provider and the User regarding the use of the Service.

15.2. The User and Marina Cloud shall attempt to amicably resolve any disputes arising from these General Terms and Conditions. If a peaceful settlement of the dispute is not possible, all disputes arising from or with regard to these General Terms and Conditions shall be finally resolved by the competent court in Rijeka.

15.3. These General Terms and Conditions shall enter into force and are applicable from 1.10.2018.