This Evergine Priority Support subscription contract is between the entity you represent, or, if you do not designate an entity in connection with a subscription purchase or renewal, you individually (hereinafter “CLIENT”) and PLAIN CONCEPTS S.L.U., whose registered office is at Avenida Ordoño II, 32-1º left. 24001 León, Spain tax registration number is B24532178, owner of Evergine and this website (hereinafter “PLAIN CONCEPTS”). This contract has the terms and conditions which are detailed below (hereinafter, the “Contract” or “Agreement”).

By contracting the subscription, the CLIENT agrees and undertakes to comply with this Contract.

1. TERM, TERMINATION AND SUSPENSION

• This Contract will begin from the date of payment of the fee and acceptance of these terms and conditions (initial term). This Contract will have a duration of one month. This Contract shall be automatically extended on a month-to-month basis, considering the date of the (initial term).
• This Contract will remain in force until the expiration or termination of the subscription, whichever occurs first.
• PLAIN CONCEPTS, through the payment platform of STRIPE, will start charging the monthly subscription fee as soon as the contract is accepted. The CLIENT should cancel the monthly subscription if it no longer wishes to have Evergine’s Priority Support service.
• The CLIENT has the right to cancel its subscription. If the CLIENT terminates the subscription of the Priority Support services of Evergine within 30 days of the date on which the subscription became effective or was renewed, no refunds will be provided, and you must pay for the initial 30 days of the subscription.
• If you terminate a subscription at any other time during the term, you must pay for the remainder of the term, and no refunds will be provided.

2. DESCRIPTION AND WARRATIES OF THE SERVICE

• PLAIN CONCEPTS will provide a service for the attention and channelling of queries and incidents related to the use of Evergine. This service offers the CLIENT priority and personalised attention to the use of Evergine.
• The Evergine technical service will be provided through the “Priority Support Portal” platform where the CLIENT can create a support Ticket.
• The support Ticket created by the CLIENT will be answered by Evergine’s IT engineers via the platform. The IT engineers will respond to the query or problem raised within an estimated 72 hours and provide help and support to the CLIENT, unless, for external, independent or force majeure reasons, the technical support service cannot be provided within the period. PLAIN CONCEPTS undertakes to take all necessary steps to provide efficient service to the CLIENT but doesn’t guarantee that the query or problem will be resolved.
• The Priority Support won’t include video calls with engineers, learning sections or the development of additional Evergine functions. For this purpose, PLAIN CONCEPTS provides other services with different conditions.
• The Priority Support will always be provided for the latest released version of the Evergine’s Software.

3. PRICE AND PAYMENT METHOD

• The fee for the Priority Support services of Evergine will be 1500€ per month.
• Starting the subscription, the CLIENT expressly agrees that PLAIN CONCEPTS, through the Stripe payment platform, is entitled to charge the CLIENT for the Monthly Subscription at the then current rate. If the CLIENT needs an invoice for the Priority Support Monthly Subscription, the CLIENT shall communicate it to the Evergine’s customer service, by sending an e-mail to the following address: info@evergine.com
• The monthly subscription fee will be charged in advance from the first day of the subscription contract in evergine.com and will be continue until the CLIENT cancel the monthly subscription. The CLIENT agrees that, at the time of acceptance of this contract, the CLIENT undertakes to pay and that PLAIN CONCEPTS charge the monthly subscription trough the payment platform, regardless of whether or not the CLIENT makes use of the services provided by Priority Support.
• The CLIENT agrees that the payments are non-refundable and therefore acknowledges that no refunds or credits will be given for unused or partially used periods.
• The current prices of the monthly subscription may be modified at any time by PLAIN CONCEPTS.
• If the payment method expires, the CLIENT acknowledges that he/she will remain liable for all outstanding amounts. The CLIENT acknowledges that PLAIN CONCEPTS may suspend access to the Priority Support services in the event that the payment method is not authorised by Stripe, or in the event that the CLIENT fails to pay the Priority Support monthly subscription, in which case, regardless of the suspension of the subscription, the CLIENT agrees to pay the monthly subscription in full.

4. CONFIDENCIALITY

• For the purposes of this Agreement, Confidential Information is any information that may be disclosed orally, in writing or by any other means or media, tangible or intangible, processed by the parties as a result of this Agreement. PLAIN CONCEPTS and the CLIENT agree not to disclose, copy, reproduce or assign information related to this Agreement.
• If PLAIN CONCEPTS or the CLIENT, discloses or uses Confidential Information in breach of this Agreement, the disclosing party shall indemnify for any damages incurred. PLAIN CONCEPTS or the CLIENT undertakes to return to the other, or destroy, the Confidential Information as soon as the subject matter of this Agreement has been terminated.

5. INTELLECTUAL PROPERTY

• PLAIN CONCEPTS is the legitimate and exclusive owner of the property and other rights and interests inherent to the ownership of Evergine, including copyright, documentation or technical or operational manuals, as well as successive and derived versions of the same. The CLIENT acknowledges and respects all intellectual and industrial property rights held by PLAIN CONCEPTS.

6. LIABILITY

• The CLIENT accepts sole responsibility for any consequences, damages or actions that may arise from the improper use of Evergine’s Priority Support services.
• The CLIENT is responsible for the truthfulness and accuracy of the personal information he/she provides for the provision of Priority Support services and the terms and conditions of this Agreement.
• The CLIENT acknowledges that he/she is responsible for protecting the confidentiality of access to the Priority Support Portal. The CLIENT assumes full responsibility for its actions. If the CLIENT uses public or shared electronic devices to access Priority Support, the CLIENT shall log out at the end of each visit.
• it is the responsibility of the CLIENT to report the theft to the issuers of their credit card if this is the selected method of payment, and to the competent authorities in their country. PLAIN CONCEPTS reserves the right to suspend the Priority Support service at any time, with or without notice to the CLIENT, to protect itself and its partners against what it considers to be fraudulent activity.

7. RESCISSION

• PLAIN CONCEPTS reserves the right to terminate or rescind this contract, with or without cause. In this case PLAIN CONCEPTS will notify the CLIENT, within a minimum period of 15 days, that the Priority Support service will be terminated. PLAIN CONCEPTS guarantees the provision of the service paid for by the CLIENT.

 

8. APPLICABLE LAW AND JURISDICTION

• This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Spain and all actions of either party and for any dispute regarding the interpretation, application and performance of this Contract, the Courts and Tribunals of the city of León, Spain shall have jurisdiction, and the CLIENT expressly waives any other jurisdiction to which it may be entitled.

9. CONTACT

• If the CLIENT requires further information, he/she may send an e-mail to the following address: info@evergine.com