By accepting the User Terms the account holder, including the account holder’s employees agree to adhere to the User Terms and the obligations and rights herein.
Accept of the User Terms
In order for the account holder to use Coinet, the account holder must first agree to the User Terms. Please review the User Terms as well as any other information notified to the account holder by Coinet carefully before using Coinet.
The account holder can accept the User Terms by:
clicking to accept or agree to the User Terms, where this option is made available to the account holder by Coinet in the user interface provided to the account holder; or
by actually using Coinet. In this case, the account holder understands and agrees that Coinet will treat account holder use of Coinet as acceptance of the User Terms from that point onwards.
Subscription and Payment
You can use Coinet basic for free forever on one project. Only by having a Coinet account can you be invited into an existing project or start a new one. We are out to make the best project management and collaboration platform for construction. An important part of this is also to make it affordable whatever size projects you have. Project prices start with the free for the first project, unlimited time, trial plan which has enough features to fully run a building project from start to finish. For paid projects Coinet has a simple, affordable and flexible pricing structure to suit your needs. All basic and standard paid plans are priced per month. You can upgrade, downgrade or cancel them at anytime or pass the cost onto your customers. If you want to run multiple Coinet projects across your company contact us and we will work with you to get you started at the right price. To see our current prices plans visit the pricing page or contact us at info@Coinet.com.
User Content
The account holder agrees that the account holder is solely responsible for any and all content that the account holder creates, uploads, transmits or displays while using Coinet (the User Content) and for the consequences of the account holder actions (including any loss or damage which Coinet or any third party may suffer) by doing so. Coinet have no responsibility to the account holder or to any third party for such action or losses.
By submitting, posting or displaying the User Content the account holder gives Coinet a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use any User Content for the purposes of the account holders use of Coinet.
By uploading any User Content to Coinet the account holder warrants and represents that:
The account holder has the lawful right to upload, reproduce and distribute such User Content and power and authority necessary to grant the license.
Any User Content the account holder uploads, posts or otherwise transmits or displays while using Coinet will not:
be misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethnically, religiously or otherwise objectionable;
constitute unauthorised disclosure of personal or confidential information;
violate the rights of any party (including but not limited to any patent, trade mark, trade secret, publicity right, privacy right, copyright or other intellectual property) or otherwise create liability or violate any local, state, national or international law;
contain viruses, trojan horses, worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information; or
constitute or encourage a criminal offence.
The account holder shall indemnify Coinet, without limitation and upon demand, against any cost, damages or expenses (including reasonable legal expenses) that may be incurred by Coinet, either
as a result of any breach by the account holder of the warranties detailed above, and/or
in respect of any claim or action against Coinet, or any 3rd party that the use of any User Content infringes intellectual property rights or is otherwise unlawful or objectionable.
The account holder acknowledges as reasonable and agrees that Coinet may, on occasion, use User Content for analytical purposes or in order to improve Coinet.
This may mean using a third party for the purposes of web analytics. Coinet refer to the privacy policy available on the Website. Coinet use of such User Content will not involve the provision of any confidential or personal data to any third party.
The account holder acknowledges as reasonable and agrees that Coinet does not delete any projects but archives them automatically for the user.
The account holder acknowledges that Coinet will send the account holder mobile notifications and emails for any actions created as a result of using Coinet.
Password and Security
The account holder must keep account holder’s password confidential and must not disclose it or share it with anyone.
The account holder will be responsible for all activities and orders that occur or are submitted under the account holder’s password.
If the account holder knows or suspects that someone else knows and will be able to abuse the account holder’s password the account holder agrees to notify Coinet immediately by contacting Coinet immediately.
If Coinet has reason to believe that there is likely to be a breach of security or misuse of Coinet, Coinet may require the account holder to change the account holder’s password or Coinet may suspend the account holder’s account.
Further, the account holder is responsible for anything that happens through the account holder’s account until the account holder closes down the account or prove that account holder’s account security was compromised without fault on part of the account holder.
Intellectual Property
All intellectual property rights subsisting in or used in connection with Coinet (including, but not limited to any data) are and shall remain the sole property of Coinet and Coinet’s licensors. All present and future rights in and title to Coinet, including the right to grant access to it over any present or future technology, are solely and exclusively reserved to Coinet.
By accepting and adhering to the User Terms and the obligations herein Coinet grant the account holder a non-exclusive, non-assignable, non-transferable non-sublicensable licence for the duration of the agreement created by these User Terms to use Coinet solely and strictly for the account holder’s own use/employees use. The account holder shall not assign, transfer or sub-license any of account holder’s rights or obligations under the User Terms.
The account holder agrees not to access (or attempt to access), nor allow any third party to use any part of Coinet by any means other than through the interface that is provided by Coinet. The account holder specifically agree not to access (or attempt to access) nor allow any third party to access any part of Coinet through any automated means, including use of scripts, robots, spiders, scrapers or web crawlers, and not to disclose account holder password to any third party for the purposes of using any such technology
The account holder agrees that the account holder will not
take any action that imposes, or may impose (in each case in Coinet sole discretion) an unreasonable or disproportionately large load on Coinet’s infrastructure;
copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part of Coinet without prior written consent from Coinet and any third party determined by Coinet as appropriate;
interfere or attempt to interfere with the proper working of Coinet or any activities conducted via Coinet;
bypass any measures Coinet may use to prevent or restrict access to Coinet; and
attempt to reverse engineer, decompile or otherwise seek to obtain access to the source code in Coinet.
The account holder agrees that the account holder will not engage in any activity that interferes with or disrupts Coinet, or the servers and networks which are connected to Coinet.
The account holder agrees that the account holder shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within Coinet.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Coinet are non-confidential and shall become the sole property of Coinet.
Coinet shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Fair Usage
Coinet does not intend to become a storage facility for the internet. Therefore Coinet maintains a fair usage policy for users.
If Coinet believe that a user is exceeding this fair usage policy then Coinet can terminate the account.
Termination
Coinet may at any time, terminate the agreement with the account holder and remove access to Coinet from the account holder if:
The account holder has materially breached any provision of the User Terms (or have acted in manner which clearly shows that the account holder does not intend to, or is unable to comply with the provisions of the User Terms) and, where such breach is capable of remedy, Coinet determine that the account holder has not so remedied within fourteen days of notification; or
Coinet are required to do so by law (for example, where the provision of Coinet to the account holder is, or becomes, unlawful); or
if either party becomes insolvent; or enters into any kind of composition, scheme of arrangement, compromise or arrangement involving that party and its respective creditors generally (or any class of them) save for the purposes of a bona fide company reorganisation; or is unable to pay its debts; or is the subject of an order for the seizure of the assets or a substantial part thereof of that party made by any court having jurisdiction.
When the User Terms are terminated:
the licence granted in the User Terms terminates;
all of the legal rights, obligations and liabilities that the account holder and Coinet have benefited from, been subject to (or which have accrued over time whilst the User Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall survive termination of these User Terms; and
the account holder will lose access to Coinet and stored User Content.
Coinet reserve the exclusive right and prerogative to retain, maintain, archive, protect, use, or store any and all data or information, without regard as to time or duration, as it may deem reasonable or necessary in the pursuit of Coinet’s business or interests, or in protecting such business or interests, notwithstanding the termination or cessation of account holder relationship with Coinet.
Termination of this agreement and the User Terms may be made after receiving 360 days notice by writing. For avoidance of doubt, only Coinet or the party paying for Coinet may terminate account holder’s access to Coinet. Termination of account holder’s Coinet account includes disabling account holder’s access to Coinet and may also bar the account holder from any future use of Coinet.
Technical Support, complaints and possible downtime/bugs etc.
Coinet will offer Technical support to all account holders to a necessary degree.
In the scenario where Coinet are unable to replicate an incident and there has been no reoccurrence of the incident for a period of one month from the reported occurrence, the incident will be deemed ‘No Fault Found’ and Coinet will take no further action.
A complaint from an account holder needs to be raised in writing or email (info@Coinet.com) to Coinet’s account manager within 14 days. Coinet will complete investigation of the issues raised. Where this requires access to saved or archived data, transcription files or other digital data, the account holder hereby authorises Coinet to have unlimited access to this information to allow the complaint investigation to be completed.
Coinet will use its reasonable endeavours to complete the investigation within 7 business days of the complaint being raised. Should the dispute be upheld, Coinet and the account holder will work together to decide on the best course of redress (including, but not limited to regeneration of the report, report credits).
The total value of this redress is limited to the invoiced cost of the service rendered no matter on what basis the claim is made. Coinet will not be liable for any losses or claims arising from delay or quality of reports generated by Coinet.
In the event a subscription is made by an account holder and Coinet is not available, due to technical reasons relating to Coinet, for a total time period of 120hours in a 30 day time period, and this is acknowledges by Coinet, Coinet will compensate the account holder a proportionate amount of the monthly subscription amount.
Coinet is not liable for additional claims or compensation due to lack of operation of Coinet than stated in the User Terms. Coinet do not warrant or represent that the operation of Coinet will be uninterrupted, timely or error free for any account holders regardless of subscription.
Exclusions and limitations
Nothing in these User Terms, shall exclude or limit any warranty or liability which may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by Coinet’s negligence.
The account holder acknowledges and agrees that Coinet have no liability to the account holder for any misuse or loss of User Content by third parties. In particular, the account holder acknowledges and agrees that no refund or compensation will be due to the account holder from Coinet, and the account holder further acknowledges and agrees that since Coinet have no control over the content and/or quality of the User Content this limitation of Coinet’s liability to the account holder is reasonable.
There are no conditions, warranties, representations or other terms, express or implied, that are binding on Coinet except as specifically stated in these User Terms (including statutory warranties and conditions of merchantability, fitness for a particular purpose and non-infringement). Any condition, warranty, representation or other term concerning the supply of Coinet which might otherwise be implied into or incorporated in these User Terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
The account holder expressly understands and so agrees that account holder’s use of Coinet is at account holders sole risk and that Coinet is provided on an “as is” basis.
In particular, Coinet, Coinet subsidiaries and affiliates, and Coinet licensors, do not represent or warrant to the account holder that:
The account holder’s use of Coinet (including its use in conjunction with any other software or through the Website) will meet account holder’s requirements, that account holder’s use of Coinet will be uninterrupted, timely, secure or free from error or that defects in the operation or functionality of Coinet provided to the account holder will be corrected; and
any information obtained by the account holder as a result of account holder’s use of Coinet will be accurate or reliable; and
that any User Content will be accessible at any particular time; and
that defects in the operation or functionality of Coinet will be corrected, rectified, or remedied.
Any material (including User Content) downloaded or otherwise obtained or accessed through the use of Coinet is done at account holder’s own discretion and risk, and that the account holder will be solely responsible for any damage, loss, or prejudice to account holder’s computer system or other device or loss of data that results from the download or access of any such material.
In order for the account holder to make full use of Coinet it may be necessary for the account holder to use particular computer equipment or to download or install certain pieces of software.
If the account holder are unable to access all or part of Coinet because the account holder do not have access to any necessary software or equipment, this shall not constitute a breach of these User Terms by Coinet and Coinet shall not be liable for any loss, damage or expense which may result from account holder inability to access Coinet.
No advice or information, whether oral or written, obtained by the account holder from Coinet or any of Coinet’s subsidiaries, affiliates, officials, employees, or personnel, or through or from Coinet shall create any warranty not expressly stated in these User Terms.
Coinet shall not be under any liability whatsoever in respect of any inaccuracies or omissions in Coinet. All such liability is excluded by us to the fullest extent permitted by law.
The account holder expressly understands and agrees that Coinet and Coinet’s licensors shall not be liable to the account holder for:
any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of Coinet and/or its use or non-availability;
loss of profit, business revenue, goodwill and anticipated savings;
any trading or other losses which the account holder may incur as a result of use of or reliance upon any content;
the deletion of, corruption of, or failure to store, any User Content and other communications data maintained or transmitted by or through account holder use of Coinet;
any effect which use of Coinet may have on any software the account holder uses;
for late delivery should the internet fail locally, or at any geographical location where the transcriptionist is located, if no fault of their own.
Subject to the clauses above, the aggregate liability of Coinet in respect of any loss or damage suffered by the account holder and arising out of or in connection with the use of Coinet by the account holder and/or any third party shall not exceed the amount of the total fees actually paid by the account holder to Coinet (excluding any deposits and VAT) in the twelve months preceding the date of the account holder’s claim.
The account holder agrees and acknowledges that the account holder is in a better position than Coinet to foresee and evaluate any potential damage or loss which the account holder may suffer in connection with the use of Coinet; that Coinet cannot adequately insure its potential liability to the account holder; and that accordingly the exclusions and limitations contained in this clause are reasonable.
The account holder also undertakes at all times to mitigate any such damage or loss.
Coinet is not a back-up service and only provides limited back-up and will not be liable for any loss of data or error.
Account holder is responsible for backing up their data regularly to prevent any loss of information.
General
Failure or neglect by Coinet to enforce any of the provisions of the User Terms at any time shall not be construed or deemed to be a waiver of Coinet rights nor shall this in any way affect the validity of the whole or any part of Coinet User Terms, nor prejudice Coinet rights to take subsequent action.
If any part of any provision of these User Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provision and all other provisions of the User Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
The User Terms represent the entire agreement of the account holder and Coinet in relation to the subject matter of these User Terms and supersedes any previous agreement between the account holder and us in relation to Coinet.
Law and jurisdiction
The User Terms shall be construed in accordance with Danish law and the parties hereby submit to the exclusive jurisdiction of Copenhagen City Court to settle any disputes which may arise in connection with the User Terms.
COMMENTS